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

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

Vol. 146 WASHINGTON, THURSDAY, APRIL 13, 2000 No. 47 House of Representatives CORRECTION TO THE RECORD OF DC Thoracic Society to service on the Lung Throughout his career, Dr. Munzer has dedi- APRIL 13, 2000 Association's national Board of Directors and cated his life to helping and inspiring those numerous committees. More recently, he is fo- around him. It is clear from his achievements cusing much of his advocacy work in the inter- that he is truly committed to making a dif- TRIBUTE TO DR. ALFRED MUNZER national arena, particularly efforts to control to- ference in the lives of others. Dr. Munzer has The SPEAKER pro tempore. Under a bacco use on a global basis. given his time graciously, not only lending his previous order of the House, the gen- Over the last two decades, Dr. Munzer's expertise to the Congress but also caring for tleman from California (Mr. WAXMAN) work with the Congress has made a vital con- his patients at the Washington Adventist Hos- is recognized for 5 minutes. tribution to public health and a significant dif- pital and teaching medical students at George- Mr. WAXMAN. Mr. Speaker, today I pay ference in shaping national policy. As a fre- town University. I am grateful for his service tribute to Dr. Alfred Munzer who will be hon- quent witness at hearings before congres- and commend him for his dedication to help- ored on May 7, 2000, by the American Lung sional committees, including the Health and ing others. Association. For his public service and out- the Environment Subcommittee, which I used Congress is wiser and the American people standing achievements, he will be awarded to chair, Dr. Munzer has testified on many are healthier thanks to Dr. Munzer. the Lung Association's distinguished Will Ross lung-health issues, ranging from the health ef- Medal for outstanding volunteer service. fects of air pollution to the need for strong to- It is my distinct pleasure to ask my col- A past president of the American Lung As- bacco control efforts. leagues to join with me in saluting Dr. Munzer sociation, Dr. Munzer has ably served the or- Dr. Munzer is a skilled communicator who for his outstanding achievements and to con- ganization at every levelÐfrom service as speaks eloquently about his own experience. gratulate him for receiving the prestigious president of the American Lung Association of He has an exceptional ability to put a human honor granted him by the American Lung As- the District of Columbia and president of the face on complicated health issues. sociation.

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

H2343

VerDate 20-MAR-2000 02:25 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 9920 E:\CR\FM\A13AP7.087 pfrm02 PsN: H13PT2 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, THURSDAY, APRIL 13, 2000 No. 47 Senate MARRIAGE TAX PENALTY RELIEF On yesterday, part of our problem in way; we don’t need to be allowed in the ACT OF 2000—Continued getting an agreement worked out was true sense of the word—to have the Senate work its will the way we have CLOTURE MOTION we didn’t get the chance to even look done it for a couple hundred years. I Mr. LOTT. Mr. President, negotia- at the amendments before the end of think he would be surprised at how tions are still ongoing with respect to the day. But I am still hopeful we are much legislation we could move. the pending marriage tax penalty legis- going to be able to come up with something that would allow us to get an Mr. LOTT. Mr. President, it is my lation. However, a resolution to the hope that over the next week or early issue has not been worked out yet. It agreement and vitiate this cloture vote. the next week, I will be able to propose looks as if we are not going to be able a list of amendments. I suggest that f to get it before the recess. would be kind of in the realm of what I call for the regular order with re- MORNING BUSINESS we can agree to. spect to H.R. 6 and send a cloture mo- Mr. LOTT. Mr. President, I ask unan- We have been looking at these var- tion to the desk. imous consent that the Senate proceed ious amendments. Some of them are The PRESIDING OFFICER. The clo- to a period of morning business with clearly not going to be acceptable, and ture motion having been presented Senators permitted to speak for up to they probably could be easily tabled. under rule XXII, the Chair directs the 10 minutes each. Even though they are not relevant, clerk to read the motion. The PRESIDING OFFICER. Without some of them are meritorious. Our con- The legislative clerk read as follows: objection, it is so ordered. cern is, they have not been considered CLOTURE MOTION by the appropriate committee, whether f We the undersigned Senators, in ac- it is Finance, or Agriculture. We are cordance with the provisions of rule THE GAS TAX hesitant to have a vote on these and XXII of the Standing Rules of the Sen- Mr. REID. Mr. President, before the try to get Members to vote against ate, do hereby move to bring to a close majority leader leaves, I say respect- them when, in fact, they may eventu- debate on the pending amendment to fully that we appreciate his efforts to ally want to be for them in a different Calendar No. 437, H.R. 6, the Marriage try to move legislation along. But I forum. I have an idea of how we might be Tax Penalty Relief Act of 2000: just want to make sure the record is able to work something out on this. I Trent Lott, Kay Bailey Hutchison, Tim clear. We were generous in offering the will have a suggestion on that before Hutchinson, Chuck Hagel, Larry E. majority the opportunity to review our Craig, Phil Gramm, Jesse Helms, we come back a week from Tuesday. Strom Thurmond, Rod Grams, Sam amendments. There is no requirement, Mr. REID. Mr. President, I say to my Brownback, Pat Roberts, Judd Gregg, of course, that we do so. friend I very much appreciate that. But Wayne Allard, Richard Shelby, Gordon I also say to the leader that I think I remind the Senator that the under- Smith of Oregon, and Bill Frist. if we had started the marriage penalty lying bill skipped the committee proc- Mr. LOTT. Mr. President, I ask unan- legislation Monday or Tuesday of this ess and came directly to the floor. I be- imous consent that this cloture vote week, we would be finished with it by lieve we should do as much as we can occur immediately following the vote now. in the committee process. But the bill scheduled at 12:15 on Tuesday, April 25, There may have been a lot of amend- before us didn’t get a vote in com- and the mandatory quorum under rule ments offered, but the way we used to mittee. XXII be waived. do things around here, we had lots and Mr. LOTT. The marriage tax penalty The PRESIDING OFFICER. Without lots of amendments. In fact, there were bill was considered by the Finance objection, it is so ordered. a number of occasions when we had Committee, and we had amendments, Mr. LOTT. Mr. President, the vote well over 100 amendments without any including an alternative that was of- will occur at approximately 2:25 p.m., restriction of who offered them or what fered and seriously considered. The or after the 2:15 vote. the subject matter was. And we com- Moynihan alternative amendment has On Tuesday, it is my hope that Mem- pleted the legislation. a lot of credibility to it. bers will allow me to vitiate the clo- I believe and predict if we go right to Mr. REID. I apologize to the Senator. ture vote and enter into a reasonable work on the marriage penalty legisla- Maybe he didn’t understand me. I agreement that would allow swifter tion on the Tuesday when we return, didn’t speak properly. What I should passage of the bill. Of course, I would we will complete it within 2 or 3 days, have said is, the legislation we spent a like to continue to see if we can get at the very most; maybe even in 2 days. lot of time on this week—namely, the agreement on alternatives or relevant I think the majority leader should gas tax proposal—avoided the com- amendments. allow us—I say this not in a pejorative mittee process.

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

S2699

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2700 CONGRESSIONAL RECORD — SENATE April 13, 2000 Mr. LOTT. You are right on that one, ances to the Qadhafi regime that it I absolutely support allowing people to and it didn’t pass either. would not be destabilized as a result of keep more of the money they earned, I yield the floor. the trial in The Hague. and am pleased that the budget resolu- f Most importantly, this resolution tion adopted by Congress allows for a would emphasize the Sense of the Sen- responsible reduction in taxes of $150 WORST TERRORIST ACT ate that all U.S. restrictions on Libya, billion over the next 5 years, rather Mr. HELMS. Mr. President, in De- including the travel ban, should remain than the $13 billion tax increase for cember 1988, a few days before Christ- in place until all cases of Libyan ter- next year that the Clinton-Gore Ad- mas, a terrorist bomb exploded on Pan rorism against Americans have been ministration proposed in their budget. Am flight #103 over Scotland. 270 peo- resolved, and until the Libyan govern- The budget plan will allow Congress to ple died—murdered is the more fitting ment cooperates in bringing the mur- consider several tax relief measures word—including 189 Americans. It was derers to justice. that not only reduce the tax burden on one of the worst terrorist attacks in A clear signal is needed to Qadhafi, Americans, but also make the tax code history. and, apparently, to the Clinton Admin- simpler and more fair. Next month, two Libyan suspects are istration—that the United States will Congress has already passed legisla- scheduled to go on trial in the Nether- not stand idly by when our citizens are tion to repeal the Social Security lands for the bombing. These two Liby- murdered. Earnings Limit that penalized working ans are believed to have planted the If and when Libya apologizes and be- seniors one dollar of Social Security bomb, but there is widespread belief gins to make amends to all Americans, benefits for every $3 they earn over the that the Libyan government ordered then perhaps there can be talks. Not limit of $17,000. Congress is engaged in the attack. before. a debate to eliminate the marriage tax Though the United Nations has sus- f penalty. Eliminating the estate, or pended sanctions on Libya since Qa- death, tax is not only a priority of THE NEED FOR FUNDAMENTAL dhafi saw fit to turn over the two sus- mine and many in Congress, it is a pri- TAX REFORM pects in the Pan Am 103 bombing, ority for small business owners and Libya has by no means been restored to Mr. GORTON. Every April, Ameri- family farmers whose very existence is the status of a civilized nation. Libya cans are reintroduced to the beauty of threatened by this disgraceful tax. is a rogue nation that has been an Spring by blooming tulips, green Americans deserve a tax code they avowed enemy of the United States for lawns, and the 5.5 million word federal can understand and predict. About the three decades. (‘‘The time has come for income tax code. only thing Americans can predict us to deal America a strong slap on it’s As every citizen wrestles with the about the current tax code is that cool arrogant face,’’ Qadhafi said in complexity and incomprehensibility of every April they will likely be sending 1973—at the same time he ‘‘national- the mammoth tax code to file his or a big check off to Uncle Sam, and ized’’ all foreign oil concessions in his her return by the April 15th (April 17th about the only thing they understand country. ‘‘Nationalized’’ in this in- this year) annual deadline, there is vir- is that the IRS will find them if they stance is a dressed-up word for outright tually universal agreement that do not. This must change and it is why thievery.) change is desperately needed. I believe I am working for a new tax system So it is Qadhafi’s regime that stands that amending the tax code is not that is fair, simple, uniform and con- accused of the deliberate murder of enough. I believe that we must scrap sistent. A new code based on these four American servicemen in the 1986 La the entire tax code—it is too com- principles will free Americans from Belle discotheque bombing. The same plicated, too burdensome, too unfair. suffering through the forms and tax ta- regime whose top officials have been How complicated is the tax code? bles of April tax season, and allow convicted, in absentia, by French Here are some illustrative facts and them to enjoy the blossoms and sun- courts for bombing a French jetliner, figures. The current federal income tax shine of the April Spring season. killing 171 people, including seven system was born in 1913 as a law under f Americans. The same regime that or- 100 pages in length. The original 1040 dered the murder of 189 Americans on form covered two pages, front and SOUTHEASTERN EUROPE: Pan Am Flight 103—Americans from 22 back. This included instructions. OBSERVATIONS AND OUTLOOK states: New York, New Jersey, Ohio, Today, the 1040 form has 76 pages of in- Mr. VOINOVICH. Mr. President, Pennsylvania, Connecticut, Vermont, structions alone. The most basic tax when the bombing ceased, and Serbian Massachusetts, Michigan, Minnesota, form today, the EZ1040, has 33 pages of military forces withdrew from the Maryland, North Dakota, California, instructions. Kosovo province, most Americans be- New Hampshire, Colorado, West Vir- The annotated tax code fills 14 vol- lieved that the end of the air war ginia, Texas, Florida, Virginia, Kansas, umes of some 11,700 pages, and it takes meant the end of the United States’ in- Arkansas, Rhode Island, and Wash- an additional 19 volumes totaling an- volvement in the Balkans. Such a mis- ington D.C. Nearly half of America’s other almost 11,750 pages to contain conception is due primarily to the fact states lost one or more residents to the the regulations governing the code. To that the political and military situa- Libyan terrorists in that 1988 bombing implement the code, the Internal Rev- tion in the Balkans, as well as U.S. for- of Pan Am 103 over Scotland. enue Service prints over 400 forms and eign policy towards the region, remains The mothers and fathers, husbands more than 100 pamphlets with instruc- largely unknown to the vast majority and wives, and all those children of the tions on how to complete these forms. of Americans. Pan Am 103 victims will never forget We need to focus our attention in Because of my belief that the Balkan the horror but, unfortunately, the U.S. Congress on developing a new tax sys- region is key to our strategic interests foreign policy establishment appears tem, and we need the President to sup- in Europe, earlier this year, I traveled less concerned with that history, hence port changing the current tax code, in- to the Republic of Croatia, the Former the recent U.S. decision to ‘‘review’’ stead of defending it from reform. Fun- Yugoslav Republic of Macedonia, the ban on American citizens’ travel to damental reform of the tax code is my Kosovo and Brussels, Belgium in order Libya. number one tax priority and I believe a to examine the humanitarian, eco- Mr. President, this resolution should new federal tax system must be based nomic, political and security situation remind the Administration of the hei- on four principles: fairness, simplicity, in Southeastern Europe. Today, I nous crimes committed by the Libyan uniformity and consistency. would like to take this opportunity to regime. It identifies Libya’s continued My support for tax reform should not share some of my observations with my refusal to accept responsibility for its be interpreted as opposition to pro- colleagues and the American people. role in these acts. It calls on President viding tax relief to American families Before I proceed further, I would like Clinton to consult with Congress on and working individuals who are send- to publicly thank U.S. Ambassador to policy toward Libya—consultations ing more of their paycheck to the fed- Croatia, William Montgomery, U.S. that would include disclosing United eral government in taxes than at al- Ambassador to Macedonia, Michael Nations documents containing assur- most any point in our nation’s history. Einik, Chief of the U.S. Mission to

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2701 Kosovo, Larry Rossin, U.S. Ambassador President Mesic appeared to under- Nevertheless, in recent months, the to NATO, Sandy Vershbow and U.S. stand that the future of southeastern economy has staged a dramatic turn- Ambassador to the EU, Richard Europe is linked to minority rights and around because of stable and progres- Morningstar. They are fine representa- that redrawing international bound- sive leadership, market reforms and tives of our nation, and they are doing aries along ethnic lines is fundamen- economic activity as a result of Mac- an outstanding job to help bring peace tally unworkable—we need only wit- edonia’s serving as a staging point for and stability to this sensitive part of ness the ongoing debacle in Bosnia for KFOR. Macedonia is beginning the the world. such an example. With this realization slow process of returning to its pre- I would also like to thank our U.S. on the need to consider minority independence level of economic activ- embassy staff in Croatia, Macedonia, rights, he plans on appealing to the ity. More importantly, the EU, as a the North Atlantic Treaty Organiza- best instincts in his people to put aside part of its new focus on the Balkans re- tion (NATO) and the European Union ethnic hatred, so that they and their gion, has established a relationship (EU). In addition, I would like to thank nation may move ahead. He has stated with Macedonia intended to lead to its the personnel who comprise the U.S. that he looks forward to serving as the eventual membership in the European Mission in Kosovo, the Department of President of all of the Croatian people, Union, a commitment that had never State, the Department of Defense, and regardless of their ethnicity. If lines been made before the Kosovo war. the U.S. Army—especially Colonel are not going to be redrawn, then a Given my belief that integration of the Timothy Peterson, who accompanied major hurdle to domestic peace in Cro- nations of the region into the broader me on this trip and also provided his atia will have been removed. European community is essential to valuable insight and expertise on the It is my understanding that Prime long-term peace and stability, this is a region. Minister Racan, who I did not have the dramatic development. I would further like to thank Senator opportunity to meet since he was out At the headquarters of the United FRED THOMPSON, my chairman on the of the country during my visit, seems Nations Mission in Kosovo (UNMIK) in Governmental Affairs Committee, for committed to these principles as well. Pristina, Kosovo, I had the opportunity giving me the opportunity and the I’m also encouraged that Parliamen- to sit down and meet with several key Committee authorization to take this tary President Zlatko Tomcic, Deputy leaders of the Kosovo Albanian commu- trip. Parliamentary President Zdravko nity and representatives on the In- Finally, I would like to thank our Tomac, Serbian Member of Parliament terim Administrative Council—Dr. men and women in uniform who pro- Milan Djukic and Serbian Democratic Ibrahim Rugova, Mr. Hashim Thaci and vided such invaluable assistance during Forum President Veljko Dzakula—all Dr. Rexhep Qosja. This was an extraor- my travels in the region. They have my of whom I met in Croatia—appear to be dinary meeting given the historical an- gratitude, and I believe the gratitude supportive. imosity between these leaders. of our nation should go out to our I was also pleased to meet with Mac- All three leaders made a very clear peacekeeping force in Kosovo. We have edonia’s President Boris Trajkovski, promise to me that they were com- a tremendous team working on our be- the Macedonian Prime Minister, mitted to a multi-ethnic, democratic half in the region, and all Americans Ljubco Georgievski, and Arben Xhaferi, Kosovo, one that would respect the should be proud of their tireless efforts the leader of Macedonia’s ethnic Alba- rights of all ethnic minorities. I was to help promote peace and protect the nian community. They seem to have heartened to hear these comments. interests of the United States in south- been able to successfully bridge the do- This commitment could serve as the eastern Europe. mestic ethnic problems that have been basis for long-term peace and stability Mr. President, one of the more en- at the heart of the various conflicts in Kosovo. couraging developments I observed in that have decimated southeastern Eu- In response, I said that they could go my trip to the Balkans was a new posi- rope over the last ten years. down in history as truly great men tive spirit that seems to be emerging in As many of my colleagues may re- were they to make this commitment a a number of nations in the region. call, Macedonia was seen as another reality. I explained that the historic In my visit to Croatia, I had the op- potential flashpoint during the course cycle of revenge in Kosovo must end portunity to meet with the newly- of the Kosovo bombing campaign as the and minority rights must be re- elected president of Croatia, Stipe Macedonian people became polarized spected—including the sanctity of Mesic. either in favor, or against, NATO’s ac- churches and monasteries. This would President Mesic is a bright, engaging, tions. This possibility seems to have be the key to the future of Kosovo. well-spoken gentleman with a tremen- been successfully averted because Mac- I traveled to Brussels to make my dous understanding of the varied and edonians do not generally possess the feelings known to the leadership of the complex issues facing his country. same kind of ethnic hatreds towards European Union (EU) regarding their More importantly, he has a clear con- their minority community that have lack of leadership and commitment to cept—supported by his electorate—of plagued other nations in the region. the problems facing southeastern Eu- the direction his country should take Domestic peace and stability has rope. I met with U.S. Ambassador to for the future. been achieved in Macedonia by appeal- the EU, Richard Morningstar and U.S. President Mesic is pleased that the ing to the best instincts in people, Ambassador to NATO, Alexander region finally seems to have abandoned rather than the worst. The elected Vershbow and with other leaders of the two terrible ideas that have caused leadership has made it clear that the NATO and the EU. I was pleasantly so much bloodshed over the last dec- ethnic Albanian community, which surprised to learn that the Europeans ade—the dream of a ‘‘Greater Serbia’’ makes up roughly 25% to 30% of the basically ‘‘get it.’’ That is, they under- and the dream of a ‘‘Greater Croatia.’’ population, is an integral and respected stand that unless the Balkan region is In an indication of his commitment to component of society. Because of this, fully integrated into the broader Euro- ending these disastrous notions, he ex- minority rights are, by and large, pro- pean community, the region will ‘‘Bal- pressed to me his support for sending tected, and the rule of law is, for the kanize Europe.’’ This is the same mes- individuals responsible for war crimes most part, very well respected. The im- sage I have been saying for months. I that have taken place over the last portance of these trends cannot be un- was pleased to see the Europeans tak- decade to the International Criminal derstated. ing the necessary steps that will even- Tribunal for prosecution. I was particularly interested to hear tually include the nations of the region He is also committed to fully return- President Trajkovski discuss the amaz- in the EU and NATO. ing to Croatia those refugees who were ing recovery of Macedonia’s economy. I think it is important to highlight displaced after conflict swept the na- When the nation separated from the the level of support the Europeans are tion in the 1990’s. He understands that FRY in 1991, Macedonia’s per capita in- providing the region. They have budg- a functional economy, the establish- come immediately started sliding eted six billion euros (basically $6 bil- ment of private property rights and the downward, dropping 40 percent. This lion) over the next six years to help rule of law are key to the return of decline was clearly exacerbated by the bring Romania and Bulgaria into the these refugees. Kosovo bombing campaign. EU. They have also prepared to provide

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2702 CONGRESSIONAL RECORD — SENATE April 13, 2000 5.5 billion euros (again, roughly $5.5 While there is ample reason to be op- A tremendous concern that Dr. Ber- billion) over the same time period to timistic about the future of Croatia nard Kouchner, civilian head of the implement the three initiatives of the under the leadership of President Mesic UNMIK operation, brought to the fore- Stability Pact—democratization, secu- and Prime Minister Racan, there are front was that the international com- rity, and regional infrastructure devel- also reasons to be concerned. The Cro- munity must be more active in their opment. atian economy has been struggling for dispersal of aid-money pledged to the Of the total financial support com- years. Unemployment and inflation region, and in particular, the EU need- mitted to Kosovo by the international rates are high. The country is deep in ed to be a more active participant in community, including humanitarian, debt internationally. Many skilled, this area. Indeed, the EU has only dis- development, economic recovery and well-educated young people have left persed 13.3 percent of the money they reconstruction assistance, the EU has the country for better job prospects have pledged to UNMIK thus far. The pledged 35.5 percent. The U.S. has elsewhere. This has effectively created EU has a number of strong arguments pledged 15.4 percent. a ‘‘brain drain,’’ which, unless it is to explain their delay, including the Of the total amount pledged for the stemmed, will have a negative impact nature of their fiscal cycle, the various operations of UNMIK, the EU has for decades. For Croatia to continue on mechanisms in place to prevent fraud pledged 41.4 percent, the U.S. 13.2 per- its new path, away from its nationalist and abuse, the unwieldy nature of the cent. past, the economy must improve. If a body, etc. Regardless, the fact is that I ask unanimous consent that a docu- solid market economy cannot take the money has to be put on the table. ment detailing these burden-sharing hold, there is a very real possibility As I mentioned before, the U.S. is numbers be printed in the RECORD. that the Croatian people will grow im- doing its fair share given the role we The PRESIDING OFFICER. Without patient with President Mesic and played during the course of the bomb- objection, it is so ordered. Prime Minister Racan and seek to re- ing campaign. Now is the time for the (See Exhibit 1.) place them; possibly with individuals Europeans to do theirs. Mr. VOINOVICH. We need to under- who would rule the country under na- Throughout my trip to the Balkans, stand that while the Europeans are tionalist communist ideology. all signs pointed to the fact that the handling the bulk of the spending in The other problem facing the Cro- Stability Pact was not being imple- the region, we must also be willing to atian economy is in the area of refugee mented to the benefit of the region. come to the table to provide leader- returns. As my colleagues may know, I believe that the Stability Pact rep- ship. The importance of the United the majority of the civilians forced out resents one of the few good things that States to provide leadership was under- of their homes during the conflicts of resulted from the Kosovo bombing scored by members of NATO and the the early 1990’s still have not returned campaign. Under the Stability Pact, EU, particularly those countries bene- to their homes. Even as President the Europeans, with the leadership of fitting from the Stability Pact. Mesic works to implement his cam- the Germans and the French, agreed to One of the highlights of my trip was paign commitment to create a legal en- work towards the gradual integration the opportunity I had to spend time vironment where minority rights are of the nations of southeastern Europe with our troops in Macedonia and protected, people will not return to into the broader European community. Kosovo. There are few things that their homes—if their home still ex- In practice, this means EU and NATO make me more proud of being an Amer- ists—if there is no work for them when membership. In exchange, the nations ican than seeing the pride, profes- they return. Thus, Croatia’s struggling of the Balkan region must agree to put sionalism, sense of duty and commit- economy does impact and will continue aside the ethnic divisions and nation- ment in the faces of our young people to impact the entire region. alism that has caused so much death in uniform. Current trends in Macedonia suggest and destruction in recent years. This I was especially happy to spend time the existence of an extremist element compact, if implemented, would be a with the 321st Psychological Oper- within the ethnic Albanian commu- gigantic leap forward. ations Company, Task Force Falcon, nity. These individuals are willing to Unfortunately, so far, not much has which was deployed from Ohio and sta- resort to violence in order to desta- happened with the Pact. Meetings and tioned at Camp Bondsteel in Kosovo. It bilize the sitting democratically-elect- conferences between government bu- gave me the chance to interact with ed government of Macedonia, and put reaucrats have been held. There have these fine men and women from Ohio in its place a government run by Alba- been a lot of speeches, studies, con- and hear their views on their mission nians, for Albanians. These extremists versations, debates, and the like, but in Kosovo. It also gave me the oppor- are beginning to make their presence nothing has really happened ‘‘on the tunity to visit with my friend, Major felt with the government in Macedonia. ground’’ in the region. I believe the Wendell Bugg, whom I’ve known since It will take a tremendous commitment Pact must move ahead with infrastruc- my days as Governor. He is with the on the part of the current government ture projects that benefit the econo- 321st and is doing a wonderful job. It to maintain a democratic, multi-ethnic mies of the region. Start building was great to see him and get reform of government in Macedonia in bridges. Start cleaning the Danube acquainted. the face of this threat. River. Start building ‘‘Corridor Eight,’’ And, Mr. President, I can’t forget the A major impediment to peace and which will create an East-West rail- unsung heroes of Kosovo—the men and prosperity in southeastern Europe is way/roadway travel corridor to stimu- women of the various humanitarian the rise in organized crime. There have late commerce. Just start doing some- missions. I had the opportunity to been a number of recent reports indi- thing! meet with representatives from all of cating that the Balkans region is being I am somewhat heartened by the re- the major humanitarian aid organiza- used more and more frequently as a sults of the Stability Pact conference tions involved in Kosovo and Mac- transshipment point for illegal nar- in Brussels 2 weeks ago. There, 4 dozen edonia. I truly admire the service these cotics and arms. These reports were countries and 3 dozen organizations people provide their fellow man. They echoed by nearly everyone I spoke with pledged 2.4 billion Euros to fully-fi- are on the front lines daily, helping on the trip. With this illicit trade nance a 1.8 billion Euro ‘‘Quick Start’’ people, making a difference. To all of comes violence, corruption, a lack of package of regional economic develop- them I say, keep up the good work. foreign investment and general soci- ment and infrastructure projects and Their efforts are key to stability in etal havoc. As the nations of the region initiatives in southeast Europe over southeastern Europe and in responding work to establish the rule of law, a the next twelve months. I believe this to basic human needs. functional judicial system and pros- commitment represents one of the first While I encountered many encour- perous economies, I believe America positive steps that has been taken aging prospects for regional peace and and European nations must offer their since the end of the air war towards re- prosperity during my trip, I also iden- crime-fighting expertise in order to storing peace and stability to the re- tified a number of challenges the re- help the Balkan nations shape their gion. gion and the international community own future and steer clear from the Mr. President, I ask unanimous con- are facing. menace of organized crime. sent to insert into the RECORD at the

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2703 end of my remarks a statement that without Serbian participation. It is in provide a secure environment for all was made by the Honorable Nadezhda their best interest to become involved. citizens while civic institutions de- Mihailova, Foreign Minister of the Re- I am somewhat heartened that Bishop velop. The UNMIK structure, which I public of Bulgaria, regarding Bulgaria’s Artemjie’s visit to the U.S. has will address momentarily, has been perspective on southeastern Europe prompted some progress towards get- charged with this civic development— prior to the Stability Pact Conference. ting the Kosovo Serbs to participate in this nation building. One of the key The PRESIDING OFFICER. Without the Interim Administrative Council. I elements in this process is the estab- objection, it is so ordered. understand that as a result of his visit, lishment of a functional judicial sys- (See Exhibit 2.) discussions are taking place that would tem, including a functional police Mr. VOINOVICH. The deeds of the allow the development of several media force. It is hoped that once properly Kosovar Albanians are not matching outlets within Kosovo. I am hopeful trained, this police force will eventu- the rhetoric of the Albanian leadership. that this will serve as the impetus to ally take the responsibility for domes- As recent press reports have made get the Serb community in Kosovo in- tic law enforcement from the KFOR clear, NATO is facing another potential volved in the Interim Administrative troops. crisis in Kosovo. Extremist members of Council. It will require diligence and The international community has the ethnic Albanian community—some co-operation on a multi-ethnic ap- promised to supply 4,433 police for this have argued under the direction of proach, but I believe it will ultimately UN force in Kosovo. Our European Hashim Thaci—have refused to put serve to draw the whole of Kosovo soci- friends have committed the bulk of down their arms, put aside their desire ety together and stop the killing and this total. However, only 2,359 police for revenge against the Serbs, and violence and fear for life, limb and are in place in Kosovo. This is appall- work towards peace. Rather, they are property that permeates the minority ing. intent on pushing the Serbs, with community in Kosovo. As a rule, our European allies have bombings, assassinations, threats, etc. Meanwhile, NATO continues to national police systems rather than to force a response from Slobodan struggle with Milosevic’s meddling state or provincial police forces like we Milosevic in Belgrade. Today, Kosovo hands in Kosovo. He has a group of ex- do in the U.S. This matters because it Serbs are being killed, their mon- tremist Kosovo Serbs, mainly situated gives the national governments—gov- asteries are being burned, and they are around Mitrovica, agitating the situa- ernments that have promised to put afraid to leave their homes. This is not tion in Kosovo whenever possible in an their police in Kosovo to serve in the KFOR’s fault. This is not UNMIK’s effort to encourage NATO to pack up UN body—the ability to simply direct fault. Radical elements within the and go home. He must not succeed. redeployments to meet their commit- Kosovo Albanian community are re- NATO must stand strong and refuse to ments. This lack of will and action is sponsible for continued attacks against accept any more provocations. They truly appalling. To provide context, I the dwindling Serb community in should seize illegal weapons and jail think it is important to note that we Kosovo. I am concerned that many in law-breakers and agitators. NATO have had to recruit the American men the Kosovo Albanian community want forces should take the enemies of peace and women serving with the UN in to force another confrontation between off the streets and shut-down the ex- Kosovo from our state and local police NATO and Milosevic so Kosovo can fi- tremists of both sides. De-fusing the departments. The best information I nally be rid of the Serb community and situation will lower tensions and allow have shows that we have put 481 people, establish itself as an independent na- the mainstream people of Kosovo to out of our total commitment of 550, in tion. move forward with their future. place in Kosovo. If we can meet our Let me be clear. The same group our Last month, I introduced S. Res. 272 promises through recruitment, surely State Department once called a ter- which I believe effectively addresses our European friends can meet theirs rorist organization—the KLA—whom this issue, and many more. On through directives. we embraced as our friends and allies Milosevic, the Resolution makes it This all matters because the sooner when NATO was bombing, are again be- clear that he continues to be the heart the UN police force and a judicial sys- coming terrorists. They are working of the problem in the region. In order tem is operational in Kosovo, the soon- against the healing of Kosovo. Our to encourage democratic change, the er our troops can come home. message must be clear to Thaci, Resolution: One of the issues hardly considered Rugova, Qosja and their Kosovo Alba- Expresses the readiness of the Sen- when NATO became involved in Kosovo nian followers—stop this violence ate, once there is a democratic govern- was the development of an end game. against the Serb community or the ment in Serbia, to review conditions Well, now we know why. We are, in U.S. will pull out our troops. I said this for Serbia’s full reintegration into the fact, building a nation. I understand no directly to Thaci, Rugova and Qosja international community; one is willing to say this publicly but when I met them. As much as I want Expresses its readiness to assist a fu- we need to be truthful: the inter- southeast Europe, including Kosovo ture democratic government in Serbia national community—using UNMIK as and Serbia, to be integrated into the to build a democratic, peaceful, and its tool on the ground—is building a European community, I will work prosperous society, based on the same new nation in Kosovo. It’s all-encom- against it if the cycle of violence con- principle of respect for international passing. From schools, to roads, to tinues. The Kosovo Albanians have a obligations, as set out by the Organiza- power grids, to taxation, to local elec- historic opportunity to choose between tion for Security and Cooperation in tions, to municipal councils, to the ju- two very different paths for the fu- Europe (OSCE) and the United Nations, dicial system—it is all now our respon- ture—integration or continued isola- which guide the relations of the United sibility because we won the war. tion. The choice is theirs to make and States with other countries in south- In conclusion, I would like to address the world will be watching. eastern Europe; and those cynics who believe we should im- Let me now turn to the Kosovo Calls upon the United States and mediately pull out of Kosovo and the Serbs. They have suffered a great deal other Western democracies to publicly Balkans because they believe we will since the end of the Kosovo bombing announce and demonstrate to the Ser- never successfully bring about peace in campaign at the hands of certain ele- bian people the magnitude of assist- the region. These cynics often point to ments within the Albanian community ance they could expect after democra- the historical hatred between the eth- seeking revenge. However, the Kosovo tization. nic groups in the region as an indica- Serbs’ continued refusal to participate I ask unanimous consent that the tion that NATO and the UN are doomed in UNMIK’s Interim Administrative full text of S. Res. 272 be printed in the to fail. I disagree. We can make a dif- Council is unacceptable. I took the RECORD at the conclusion of my reference and history supports my view. same message I made to the Albanians marks. Consider the centuries of animosity to the Serbs—stop the cycle of violence The PRESIDING OFFICER. Without and hatred between the nations of and move ahead towards reconcili- objection, it is so ordered. western Europe. Few would have ation. (See Exhibit 3.) thought that the bitter adversaries at Decisions are going to be made re- Mr. VOINOVICH. Mr. President, the the heart of two world wars last cen- garding the future of Kosovo with or NATO KFOR troops are in Kosovo to tury could be looking to a new century

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2704 CONGRESSIONAL RECORD — SENATE April 13, 2000 where borders are crossed without KFOR Troops for and protection of minorities. On the eco- passports, where there is freedom of nomic side, Bulgaria has concentrated its ef- labor movement, and where there is no Peacekeepers forts on the consolidation of market reforms, military presence on the borders. It Total ...... 38,000 the acceleration of privatization, and the ju- ridical measures a functioning market econ- happened because the nations of west- U.S...... 5,800–6,200 The U.S. also has an additional 1,000 troops omy requires to operate openly and trans- ern Europe were willing to put aside parently. centuries of hatred, revenge and ethnic deployed in countries surrounding Kosovo to provide support for the operation. These reforms have already produced sig- prejudice and break the cycle of vio- Using 6,000 American troops (the average nificant improvement in the macroeconomic lence. If it could happen there, it can of the estimates), the U.S. has deployed 15.8 situation in Bulgaria. In 1998, we had a re- happen in southeast Europe. percent of the total forces involved in the markably low annual inflation rate of 1%, One of the Beatitudes states that KFOR operation. after a horrible 578.6% in 1997. In 1999, the in- ‘‘blessed are the peacemakers, for they flation rate increased to 6.2% mainly due to Costs shall be called the children of God’’ the obstruction of the Danube River, which (Matthew 5:9). With these words in In billions damaged our trade relations with Europe. In Initial Deployment (FY99) ...... $1.2 1998–99 our budget deficit was almost zero mind, our efforts must be redoubled so Ongoing Operations (FY00) ...... $1.9 that we may help bring peace, stability and we achieved a 3% growth in GDP. Addi- tionally, the government maintains a high- and prosperity to southeastern Europe. EXHIBIT 2 level of hard currency reserves accounting EXHIBIT 1 STATEMENT OF HON. NADEZHDA MIHAILOVA, for more than 30% of GDP. SOUTHEASTERN EUROPE FUNDING FOREIGN MINISTER OF THE REPUBLIC OF We have completed the difficult task of liq- Southeastern Europe (includes humanitarian, BULGARIA uidating state enterprises and banks under- development, economic recovery and recon- As the United States discusses assistance going losses. Privatization of Bulgaria’s larg- struction assistance—military, security and to Southeastern Europe prior to the Sta- est companies is nearly complete. My coun- assessed expenditures are not included) bility Pact financing conference in Brussels try has also begun to apply the rules of the The international community, led by the on March 29–30, 2000, I believe it is important European Monetary Union and the use of the United States, the European Union and to provide you with the Bulgarian perspec- Euro-currency. The European Union acces- international financial institutions, has tive. sion process will provide the Bulgarian econ- pledged $4.033 billion in support for south- Before I speak to the contributions Bul- omy a further impetus for development. The eastern Europe for the year 2000. A complete garia will make to peace and security in full introduction of European rules and prac- list of the nations involved in this effort ap- Southeast Europe, let me tell you a little tices in this rapidly growing emerging mar- pears below: about the distance Bulgaria has traveled ket should make Bulgaria very attractive for [In billions of dollars] since 1989. foreign investment. At the same time, by ex- In 1989, Bulgaria shared the plight of all panding its borders to include Bulgaria, the EU U.S. EU + 1 the former Warsaw Pact countries. My gen- EU will come closer to regions, rich in nat- eration inherited a country without demo- Amount pledged ...... $1.398 $0.3764 $1.853.2 ural resources and of great economic poten- Amount pledged as a percentage of the cratic institutions, without the basic mecha- tial, with which Bulgaria has traditional total ...... 34.7% 9.3% 45.9% nisms of a market economy, and without a economic ties. 1 EU + Individual European Nations (EU and Non-EU Members). balance of political power based on trust be- In the foreign policy arena, Bulgaria has tween the citizens of Bulgaria and their gov- clearly and consistently defined its strategic Kosovo Total (includes humanitarian, develop- ernment. Indeed, we had only two assets that ment, economic recovery and reconstruction goals. NATO membership, accession to the proved to be of value: Bulgaria’s 1300-year European Union, and dedication to lasting assistance—military, security and assessed history as a state deeply involved in the his- expenditures are not included) political stabilization for Southeastern Eu- tory of Europe and a highly self-confident rope. After years of political legal, social and The international community, led by the and self-reliant population. economic reform, our country began official United States, the European Union and Many of those who were committed to re- negotiations with the EU last month. Full international financial institutions, has building a Bulgarian democracy, myself in- membership into the European Union is a pledged $1.013 billion in support for Kosovo cluded, spent the early years of the 1990’s in strategic goal that enjoys wide support for the year 2000. Again, a complete list of Europe and the United States refining our throughout Bulgarian society. The long the nations involved in this effort appears political thinking. I myself benefited from cherished aspirations of the Bulgarian people below: the National Endowment for Democracy for sharing the identity and the political fu- [In millions of dollars] (NED) established by Congress to fan the ture of a united Europe will be substantially flames of freedom and in 1991–92, I special- EU US EU + 1 advanced by our accession in the EU. But ized in foreign policy and public relations in this step alone is insufficient. the US Congress and Harvard University. Amount pledged ...... $360 $156.6 651.1 Bulgaria’s aspiration to join the European Amount pledged as a percentage of the By 1996 Peter Stoyanov was elected Presi- total ...... 35.5% 15.4% 64.2% dent. Bulgaria had begun to turn the corner Union and NATO are motivated not only by its own economic interests and security rea- 1EU + Individual European Nations (EU and Non-EU Members). in its transition to a market economy and the election of Prime Minister Kostov and sons, but also by the desire to help strength- his Government gave a strong impetus to en the Euro-Atlantic community by pro- UNITED NATIONS MISSION IN KOSOVO (UNMIK) OPERATING moting democracy throughout all the na- EXPENSES this process. A new generation of Bulgarians was ready to begin our drive for full integra- tions of Southeast Europe. Thus, Bulgaria’s [In millions of dollars] tion (actually re-integration) into the insti- long-term foreign policy interests can only be served by joining with its neighbors in the EU US Total tutions of the Euro-Atlantic community. In the few short years in which I have been effort to consolidate regional stability and Pledged ...... $75 $24 $181.3 fortunate to serve as Foreign Minister, Bul- security. Dispersed ...... 10 14 71.8 We believe that a safe and prosperous home Amount pledged as a percentage of the garia has been identified as one of the most total: ...... 41.4% 13.2% ...... qualified candidates under consideration for can be built only in a safe and prosperous Percentage of pledge dispersed: ...... 13.3% 58.3% ...... NATO membership. We have been invited by neighborhood. the European Union to begin accession nego- Thus, only primary foreign policy goals in Assessed Contributions for United Nations Staff tiations on full membership and we allied Southeast Europe are to: The U.S. is assessed 25 percent of the ourselves with other democracies in resisting Develop bilateral relations with all coun- United Nations regular budget. This budget the depredations of Milosevic during the tries of the region based on a shared commit- is used to fund the staff involved with the Kosovo War. Today, the values of freedom ment to democratic values and human United Nations Mission in Kosovo (UNMIK). and democracy and the commitment to rights; Euro-Atlantic cooperation form the founda- Mobilize and accelerate regional economic UN POLICE tion of our foreign policy. Our country is development through joint infrastructure firmly dedicated to progressive but prompt projects, trade and investment encourage- Total US integration into the European community. ment, etc.; Pledged ...... 4433 550 I can state with considerable pride that Fielded ...... 2359 481 Bulgaria has made great progress in the es- Expand the scope of arms control, and sup- tablishment of a robust and permanent plu- port other measures for strengthening con- Expense: $93 million (for both FY99 and ralistic democracy and in building the struc- fidence and security; FY00). The FY00 supplemental includes a re- tures to support a modern market economy. Implement bilateral and multilateral quest for an additional $12.4 million to in- On the political side, we have reestablished measures for restricting new security risks, crease the number of Americans serving in institutions that guarantee democracy, the including regional programs aimed at com- the UN police force to 685 (from 550). rule of law, human rights, and ensure respect bating transborder crime;

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2705 Play an active role in implementing the Europe’s political and economic development also necessary. This project includes laying goals of the Stability Pact for Southeastern directly impacts the entire European con- electrical lines on 88 km of railway to in- Europe. tinent. In addition, security and stability in crease maximum train speed from 65–75 to A defining principle of Bulgaria’s foreign the region represents an important element 160 km/h. It will cost US $93 million and is policy with its neighbors has been to address of the European security architecture, and expected to take three years. and resolve contentious issues in pursuit of therefore is of strategic importance to the 3. Pipeline for light fuels. US $40 million is balanced bilateral relations. This bold ap- US. needed to construct a 110-km pipeline from proach has recently led to the resolution of That is precisely the reason why we are Thtiman, Bulgaria to Koumanova, Mac- some of the region’s diplomatic divisions. strongly encouraged by the growing involve- edonia. This project also includes construc- Successes include re-opening relations be- ment of the Euro-Atlantic community with tion of petrol depot in Kriva Palanka or tween Bulgaria and the Republic of Mac- the issues expressed in the Stability Pact Koumanova. edonia (Bulgaria strongly supports Mac- promotion of security, democracy and eco- 4. Increased electrification of the railway edonia and as you know, was the first coun- nomic development in the Balkans. This en- between Karnobat and Sindel, Bulgaria. This try in the world to recognize Macedonia) and gagement marks the beginning of an ap- project includes reconstruction and expan- the resolution of all disputed issues and de- proach that is fundamentally different from sion of electrification along an existing 123- velopment of equally friendly relations with the past. It does not mean temporary crisis- km railway line in order to increase trans- Greece and Turkey. In addition, just last management measures, but rather a move mission capacity and allow a maximum month, Bulgaria and Romania reached agree- beyond this to a comprehensive effort to find speed of 130 km/hr. Estimated cost of this ment on building a second bridge on the Dan- a common concept for development of the re- project is US $125 million, of which US $38 ube River between Vidin and Kalafat. This gion and its full integration into the Euro- million has already been spent. Additional agreement, I would argue, highlights the im- Atlantic community. funds would allow the project, part of Trans- portant strategic role Bulgaria can play in Now is the time—nearly one year after the port Corridor #8, to continue immediately. 5. Construction of an Information Center the context of regional political and eco- crisis in Kosovo—to turn the financial com- for Democratic Development for South- nomic stabilization as well as promoting the mitments made by the European Union into eastern Europe. The Center will contribute integration of Southeast Europe into the reality. We seek the support and leadership to the development and strengthening of de- Euro-Atlantic community. of the international community, and par- As an illustration of our efforts to enhance ticularly the United States to transform the mocracy in the region by deepening the proc- regional cooperation, Prime Minister Ivan Stability Pact’s long-term vision for ‘‘inte- ess of reform and building an atmosphere of Kostov organized a meeting in January with grating the Balkans into Europe’’ into a con- confidence and understanding. It will also help prevent new crises and conflicts in the the Prime Ministers of the countries bor- crete policy, with structured benchmarks region. The center will be directly involved dering the Former Republic of Yugoslavia. backed by financial resources. The goal in the process of Yugoslavia’s democratiza- The basic goal of this meeting was to encour- should not only be to neutralize the imme- tion, as well as the search for solutions to age broad discussion on how to pursue joint diate consequences of the Kosovo crisis, but the lasting political and economic effects of stabilization efforts. We also sought to send also to find solutions to the problems of eco- the Kosovo crisis. Active NGO participation a clear message to the international commu- nomic development in the region as a whole. from the region will be key to realization of nity reflecting the view of these South- Cooperation and full integration of the region with a prospering and democratic Eu- the Center’s potential. eastern European leaders. I cannot state strongly enough how crit- Only a few weeks ago the first trilateral rope can be achieved only through integra- ical U.S. leadership is at this time to ensure meeting of the foreign ministers of Bulgaria, tion on all fronts—political, economic, and financial. However, it is impossible to expect that the Stability Pact goals turn into ac- Turkey and Greece took place that was gen- tion. U.S. Congressional commitment, along erally estimated as a new step in building quick developments if no money comes to the region. We believe that funds should be with a renewed commitment by the Adminis- new patterns of relations in the region. tration, to support and encourage Europe to In addition, last month, Bulgaria joined six devoted to long-term regional goals like honor her financial commitments is vital to other nations in signing a 21-point charter to transportation routes, infrastructure devel- the success of the Stability Pact. Continued further democratic and economic develop- opment, and improving specific institutions U.S. assistance through OPIC, EXIM and ment in the region. We pledged to support that can facilitate the links between the countries, such as customs operations, drug TDA is also crucial for stimulating foreign good neighborly relations, stability, secu- investment increased trade and implementa- rity, and cooperation in Southeast Europe. control and combating corruption. Our key priorities for Stability Pact assistance tion of infrastructure projects. The United States does not need to be re- Finally, I would like to express my per- include: minded that without Hungary, Romania, sonal gratitude and that of the Republic of Greece, Turkey and Bulgaria working to- 1. Construction of the Trans-European Bulgaria to the United States and particu- gether, the containment of Serbian aggres- Transport Corridor #4. This project will con- larly the U.S. Congress, for providing essen- sion and the eventual democratization of all nect Central Europe with Bulgaria and Mac- tial economic, political, and military assist- of the Balkans will be impossible. edonia and includes construction of a second ance to Bulgaria and the other Balkan na- President Clinton’s visit to Sofia last year bridge over the Danube at Vidin-Calafat. The tions throughout the Kosovo conflict and be- and numerous conversations I have had with bridge will replace the ferry, decreasing yond. The active support of the United states Lord Robertson and General Clark, serve to travel time and eliminating the need to load continues to be the indispensable condition reinforce the role Bulgaria has played in de- and unload cargo. The project also includes for economic recovery of Southeast Europe veloping and promoting multilateral co- construction of road and railway approaches, and the completion of its long journey to- operation in Southeast Europe and in stand- as well as border and customs infrastructure. wards democracy. I cannot tell you how im- ing firm with NATO during the Kosovo cri- The budget for the bridge is estimated to be portant it is for the United States to remain sis. It is because of our past contributions US $177 million. Included in this cost are committed to your allies in this critical and and the pivotal role we can play in the re- road connections to the bridge from Roma- dynamic region of the Euro-Atlantic commu- gion that the Bulgarian city of Plovdiv was nia and Bulgaria. The project is expected to nity. chosen as the headquarters of the newly es- take 31⁄2 years. Thank you. tablished Multinational Peace-keeping 2. Construction of a regional section of EXHIBIT 3 Forces in Southeast Europe. Trans-European Transport Corridor #8. This S. RES. 272 Events in Serbia and Kosovo last year, project, estimated at US$10 million, involves however, adversely affected the economics of construction of a 2.5-km railway connecting Whereas the North Atlantic Treaty Organi- the region. We suffered direct losses in trade Gyueshevo, Bulgaria with the Macedonian zation’s (NATO’s) March 24, 1999 through as a result of transportation difficulties and border. This project will greatly improve the June 10, 1999 bombing of the Federal Repub- foreign investment in Bulgaria declined be- capacity of Trans-European Corridor #8. lic of Yugoslavia focused the attention of the cause the neighborhood was, and still is to Project coordinators can make use of the international community on southeastern some degree, perceived as unsafe and unreli- partially installed track, and will need to Europe; able for foreign investors. construct a ballast prism, lay additional Whereas the international community, in Bulgaria’s view for the future of Southeast rails, complete and install electrification of particular the United States and the Euro- Europe is for the region to transform into a a 500-meter tunnel, and improve border rail- pean Union, made a commitment at the con- source of economic growth and an active way station and facilities. US $1.1 million clusion of the bombing campaign to inte- link between Western Europe and the adja- has already been invested to modernize grate southeastern Europe into the broader cent area to the northeast and southeast, Gyueshevo station, which started in the sec- European community; whose strategic importance will continue to ond quarter of 1998. Whereas there is an historic opportunity increase in this century. This vision is based, Completion of a new railroad between for the international community to help the among other things, on the understanding Beliakovitsa, Macedonia and the Bulgarian people of southeastern Europe break the that the region has an important place in border is critical for effective functioning of cycle of violence, retribution, and revenge the overall geopolitical architecture of Eu- the transportation corridor and requires an and move towards respect for minority rope. additional investment of US $220 million. rights, establishment of the rule of law, and The present level of interdependence Reconstruction of the railway track be- the further development of democratic gov- among countries and the status of Southeast tween Radomir and Gyueshevo in Bulgaria is ernments;

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2706 CONGRESSIONAL RECORD — SENATE April 13, 2000 Whereas the Stability Pact was established (11) recognizes the progress in democratic Senate has been in recess more than in in July 1999 with the goal of promoting co- and market reform made by Montenegro, session since the one ceremonial meet- operation among the countries of south- which can serve as a model for Serbia, and ing of the juvenile crime conference eastern Europe, with a focus on long-term urges a peaceful resolution of political dif- committee. I hope we get to work soon political stability and peace, security, de- ferences over the abrogation of Montenegro’s mocratization, and economic reconstruction rights under the federal constitution. and finish what we started in the juve- and development; nile justice conference. It is well past Whereas the effective implementation of f the time for Congress to act. the Stability Pact is important to the long- THE JUVENILE JUSTICE I ask unanimous consent that this term peace and stability in the region; CONFERENCE Hyde-Conyers letter of April 11, 2000 be Whereas the people and Government of the printed in the RECORD at the conclu- Former Yugoslav Republic of Macedonia Mr. LEAHY. Mr. President, I am dis- sion of my remarks. have a positive record of respect for minority appointed that the majority continues There being no objection, the letter rights, the rule of law, and democratic tradi- to refuse to reconvene the conference was ordered to be printed in the tions since independence; on juvenile justice legislation. RECORD, as follows: Whereas the people of Croatia have re- This Congress has kept the country cently elected leaders that respect minority waiting far too long for action on juve- HOUSE OF REPRESENTATIVES, CON- rights, the rule of law, and democratic tradi- GRESS OF THE UNITED STATES, tions; nile justice legislation and sensible gun COMMITTEE ON THE JUDICIARY, Whereas positive developments in the safety laws. We are fast approaching Washington, DC, April 11, 2000. Former Yugoslav Republic of Macedonia and the first-year anniversary of the shoot- Hon. ORRIN G. HATCH, the Republic of Croatia will clearly indicate ing at Columbine High School in Chairman, Committee on the Judiciary, U.S. to the people of Serbia that economic Littleton, Colorado. Next Thursday Senate, Washington, DC. progress and integration into the inter- will sadly mark one year since fourteen DEAR CHAIRMAN HATCH: We write to re- national community is only possible if students and a teacher lost their lives quest a juvenile justice conference meeting Milosevic is removed from power; and in that tragedy on April 20, 1999. as soon as possible. Whereas the Republic of Slovenia con- As you are aware, in the last two months, tinues to serve as a model for the region as It has been 11 months since the Sen- we have witnessed a succession of gun vio- it moves closer to European Union and ate passed the Hatch-Leahy juvenile lence tragedies. We have been shocked by a NATO membership: Now, therefore, be it justice bill by an overwhelming vote of six-year-old shooting a six-year-old in Mount Resolved, That the Senate— 73–25. Our bipartisan bill includes mod- Morris Township, Michigan. We have seen a (1) welcomes the tide of democratic change est yet effective gun safety provisions. nursing home held hostage and a mass shoot- in southeastern Europe, particularly the free It has been 10 months since the House ing in Pittsburgh. In February, Memphis and fair elections in Croatia, and the re- of Representatives passed its own juve- firefighters responding to a call were shot gional cooperation taking place under the nile crime bill on June 17, 1999. It has and killed by a disturbed man. It is clear umbrella of the Stability Pact; that the Nation would like Congress to re- been 9 months since the House and spond. (2) recognizes that in this trend, the re- Senate juvenile justice conference met gime of Slobodan Milosevic is ever more an We know that there is not complete agree- anomaly, the only government in the region for the first—and only—time on August ment on all of the issues before the Con- not democratically elected, and an obstacle 5, 1999, less than 24 hours before the ference. We also recognize the need for com- to peace and neighborly relations in the re- Congress adjourned for its long August promise. We have already agreed in principle gion; recess. to proposed language to reduce the waiting (3) expresses its sense that the United Senate and House Democrats have period to 24 hours in most cases, but are still States cannot have normal relations with been ready for months to reconvene the trying to resolve appropriate ‘‘safety hatch’’ Belgrade as long as the Milosevic regime is exceptions. juvenile justice conference and work We have pledged to each other to begin in power; with Republicans to craft an effective (4) views Slobodan Milosevic as a brutal in- anew negotiations. We believe, however, that dicted war criminal, responsible for immeas- juvenile justice conference report that beginning the work of the Conference will urable bloodshed, ethnic hatred, and human includes reasonable gun safety provi- play a constructive role in the necessary rights abuses in southeastern Europe in re- sions, but the majority refuses to act. process of narrowing our differences. cent years; Indeed, on October 20, 1999, all the We appreciate your consideration of this (5) considers international sanctions an es- House and Senate Democratic con- request. Sincerely, sential tool to isolate the Milosevic regime ferees wrote to Senator HATCH, the HENRY J. HYDE, and promote democracy, and urges the Ad- Chairman of the juvenile justice con- ministration to intensify, focus, and expand Chairman, House Judiciary Committee. ference, and Congressman HYDE, the those sanctions that most effectively target JOHN CONYERS, JR., the regime and its key supporters; Chairman of the House Judiciary Com- Ranking Member, House Judiciary Committee. (6) supports strongly the efforts of the Ser- mittee, to reconvene the conference f bian people to establish a democratic gov- immediately. This week, Congressman ernment and endorses their call for early, HYDE joined our call for the juvenile SECTION 415 PENSION REFORM free, and fair elections; justice conference to meet as soon as NEEDED (7) looks forward to establishing a normal possible in a letter to Senator HATCH, Mr. GORTON. Mr. President, during relationship with a new democratic govern- which was also signed by Congressman this week prior to the April deadline ment in Serbia, which will permit an end to CONYERS. for filing income tax returns with the Belgrade’s isolation and the opportunity to restore the historically friendly relations be- Every parent, teacher and student in Internal Revenue Service, Congress tween the Serbian and American people; this country is concerned about school often focuses on the high tax burden (8) expresses the readiness of the Senate, violence over the last two years and shouldered by American families and once there is a democratic government in worried about when the next shooting the need for tax reform. Fundamental Serbia, to review conditions for Serbia’s full may occur. They only hope it does not reform is my top tax legislative pri- reintegration into the international commu- happen at their school or involve their ority. I believe the entire confusing nity; children. and incomprehensible tax code should (9) expresses its readiness to assist a future We all recognize that there is no sin- be scrapped and replaced with a system democratic government in Serbia to build a democratic, peaceful, and prosperous soci- gle cause and no single legislative solu- that is fair, simple, uniform and con- ety, based on the same principle of respect tion that will cure the ill of youth vio- sistent. Until such fundamental reform for international obligations, as set out by lence in our schools or in our streets. can take place, I will continue to work the Organization for Security and Coopera- But we have an opportunity before us in support of tax reform measures that tion in Europe (OSCE) and the United Na- to do our part. We should seize this op- correct unfair aspects of the existing tions, which guide the relations of the portunity to act on balanced, effective tax code mess. United States with other countries in south- juvenile justice legislation, and meas- One section of the code that I believe eastern Europe; ures to keep guns out of the hands of needs to be changed and changed soon (10) calls upon the United States and other Western democracies to publicly announce children and away from criminals. is Section 415. Section 415 of the tax and demonstrate to the Serbian people the It is ironic that the Senate will be in code was enacted in 1974 for the pur- magnitude of assistance they could expect recess next week on the anniversary of pose of limiting the pensions of cor- after democratization; and the Columbine tragedy. In fact, the porate executives. Section 415 no

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2707 longer impacts corporate executives, Ranking Member of the House Appro- aircraft and assisted in destroying but it does unfairly impact middle in- priations Subcommittee on Naval Af- three others. On June 6, 1945, in the come workers who are prevented from fairs, he led the fight to establish a radar picket line of Task Force 51.5 pa- collecting the full pensions they earned two-ocean Navy. The success of the trolling southeast of Nakagusukua and deserve from their multi-employer Navy in World War II, including the Wan, U.S.S. J. William Ditter shot down plan. This is as simple as the tax code ship which was named after him, was four. However, one suicide plane hit keeping workers from being able to due in part to the leadership and dedi- U.S.S. J. William Ditter, inflicting heavy collect their own money. I believe this cation of Congressman J. William damage and numerous casualties. Ten injustice should be corrected, and I Ditter. men were killed and twenty-seven were have cosponsored legislation, Senate In recognition of his leadership, Bill wounded on that fateful day. bill 1209, that will restore fairness to Ditter was selected to be the Chairman Although the ship was repaired this section of the tax code. of the Republican Congressional Cam- enough to make it home to the United The Senate version of the 1999 tax re- paign Committee, a post he held until States, it was decommissioned and lief bill included the fix to Section 415. his death in 1943. While in Congress, struck from the Navy’s fleet when the I am pleased that the Senate joined me Mr. Ditter explained his positions on war ended. Despite the short term of in recognizing the absolute need to cor- public affairs by writing a weekly service, U.S.S. J. William Ditter had a rect Section 415 and to stop unfairly newspaper column, Trend of Events. distinguished war record, keeping in punishing workers by blocking access During his years in Congress, he was honor with the person for whom the to their hard-earned pensions, though I much in demand as a public speaker, ship was named—Congressman J. Wil- am disappointed that this change did not only in Montgomery County but liam Ditter. The crew deserves special recognition not become law last year. It was, how- throughout the state and nation. Congressman Ditter’s political career for their service, and I am pleased to be ever, an important step towards was cut short by his untimely death in able to commend them on the floor of achieving reform. As the nation focuses a Navy plane crash near Columbia, the United States Senate. I ask unani- on tax season, I reaffirm my dedication Pennsylvania. He was returning from mous consent to have printed in the to fighting to pass legislation to bring Boston where he had been on a trip to RECORD the list of the names of the fairness to Section 415 of the tax code participate in the commissioning of crew members who served on U.S.S. J. and ensure our nation’s workers collect the Navy’s new carrier, U.S.S. Wasp. William Ditter. what they have rightfully earned. Among the many dignitaries who at- As an addendum, I think it is appro- f tended his funeral were former Presi- priate to note the distinguished public U.S.S. ‘‘J. WILLIAM DITTER’’ dent Herbert C. Hoover, a close, per- service of Congressman Ditter’s son, J. sonal friend and my colleague Senator William Ditter, Jr., who is a judge on Mr. SPECTER. Mr. President, in the U.S. District Court for the Eastern honor of their reunion to be held this MCCAIN’s grandfather Admiral John S. McCain, Sr., Commander of Carrier District of Pennsylvania where I knew month, I am pleased to call the Sen- him as a practicing attorney in that ate’s attention to honor the crew of Task Force 38. Congressman Ditter was buried with military honors at court. U.S.S. J. William Ditter who served dur- There being no objections, the list ing World War II. Whitemarsh Memorial Cemetery. In light of his distinguished service to our was ordered to be printed in the I commend the dedication and cour- RECORD, as follows: age of that crew of the minelayer nation, the Navy named a destroyer- mine layer in his honor, U.S.S. J. Wil- CREW OF THE U.S.S. ‘‘J. WILLIAM DITTER’’ named in honor of former Pennsylvania Anthony R. Amoroso, Robert Congressman J. William Ditter. liam Ditter (DM 31). U.S.S. was a fitting Amoroso, James D. Anderson, Harold Born in Philadelphia, Pennsylvania, J. William Ditter tribute to Congressman Ditter. The W. Andrews, James Carlton Annis, Ber- on September 5, 1888, J. William Ditter Sumner class destroyer, which was nard Appelbaum, Armin Argullin, Hans received his law degree from Temple converted to a high speed mine layer, Arnbel, Thomas E. Ates, Lester Bailey, University in 1913 and was admitted to was christened by Mrs. J. William Hayden B. Baker, Harold G. Baker, the bar the same year. As a school Ditter on July 4, 1944. It was commis- Robert A. Baker, John L. Balog, Archie teacher and baseball coach at North- sioned on October 28, 1944, and served Y. Barhardt, Jack L. Bates, Lester E. east High School from 1912 until 1925, as a unit of Division 9, Mine Squadron Bausch, Bruce J. Baxter, Jr., George one of Coach Ditter’s team members 3. Congressman Ditter’s dedication and William Baxter, Robert W. Beale, Ber- was Jimmy Dykes, who later went on service to his country was mirrored by tram D. Bekemeyer, Stefan Belajsak, to become Connie Mack’s star third the actions of the men on U.S.S. J. Wil- Loyd D. Benton, Harold L. Berger, baseman during the Philadelphia Ath- liam Ditter. The ‘‘Fighting J. Willy’’, as Frederick Binder, Coy Blair, Jr., Mar- letics’ glory years in the nineteen-thir- the crew called the mine layer, de- tin Block, Jr., James O. Blow, Ronald ties. Less famous, but equally impor- stroyed many Japanese suicide aircraft Clarence Blucher, Tyrus Augustus tant were the hundreds of young men and boats during its years of service. Bohler, Joshua G. Bosley, Jr., Oscar S. and women who studied at Northeast The end of April marks the fifty-fifth Bowden, Joseph E. Brackett, Charles F. High under ‘‘Doc’’ Ditter’s tutelage. anniversary of the brave actions of the Bradley, Grady H. Bradley, William I. They constantly sought his advice and crew in the early days of the oper- Bradley, Cameron C. Breedlove, John retained their affection for him in the ations in Okinawa. U.S.S. J. William E. Brennan, Wallace C. Brought, Jr., years that followed. Ditter greatly contributed to the suc- Robert Joseph Bruckbauer, John M. In 1925, Mr. Ditter moved to Mont- cess of the first landings on April 1, Bryan, Ranson G. Buff, Chester Dur- gomery County, where he practiced law 1945 by escorting transport ships car- ward Bullard, Henry A. Bunch, Jacob and became an active member of his rying American invasion forces. L. Burkett, William T. Burns, Charles church and community. In 1932, Mont- On April 12, U.S.S. J. William Ditter E. Burriss, Joseph F. Burrows, Lester gomery County was made a separate joined the radar picket line to protect Earl Busby, Jake L. Bynum, Ralph W. Congressional district and Mr. Ditter ships against attacking Japanese air- Byrd, John P. Byrne, Carl R. Cagle, Jr., was elected to serve as its first Rep- craft. On April 26, U.S.S. J. William Herman Leonard Cain, George Henry resentative. Ditter drove off an attacking enemy Cambria, John R. Carpenter, Melvin As a member of the House of Rep- aircraft, and on April 27, the crew Edward Carpenter, Elijah C. Carter, Jo- resentatives, he quickly became known helped to down two enemy aircraft. On seph S. Caruso, Ronald F. Cashin, John for his tireless work, dedication to our April 28, the crew shot down an attack- W. Caulk, Jr., John G. Chambers, How- country, and consummate skill in de- ing suicide aircraft and combined its ard C. Childers, Kenneth H. Chitty, bate. Congressman Ditter took a fire with another ship in order to shoot John C. Church, Luke E. Church, prominent role in defeating President down two other hostile aircraft. On Charles H. Clark, James Franklin Franklin Roosevelt’s efforts to pack April 29, the crew detected and at- Clark, Harvey G. Clendenin, James P. the Supreme Court in order to insure tacked an enemy submarine. Clouse, Kermit T. Cocherham, Walter that New Deal legislation would not be By May 28, 1945, U.S.S. J. William Fielden Cochran, Otis Elbert Cochran, declared unconstitutional. As the Ditter had shot down eight Japanese Frank W. Collins, John I. Colvin, Jack

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2708 CONGRESSIONAL RECORD — SENATE April 13, 2000 L. Connelly, Eugene C. Cook, Garland Fenwick Kendall, Raymond F. Ken- Weber, Frank William Whitfield, Billy V. Cook, Aubrey Bernard Cousins, Al- nedy, Galin Kerr, John E. Kirkpatrick, B. Williams, George Willie Wilson, fred R. Cox, James H. Craig, Alton V. Andrew F. Klacskiewics, Berry L. Robert W. Winke, Frederick A. Wirth, Cranfield, Jr., Bruce Alvin Crauswell, Knight, James Knowles, Arnold Stuart Joseph Wozny, James R. Yates, and Russell B. Crawford, James V. Knudsen, Arthur J. Koch, Theodore Carl L. Young. Creasman, John William Crown, How- Koch, Hazel L. Kolb, Edward J. f ard J. Cummings, Theodore L. Cunard, Kolenski, George E. Kondas, Joseph G. Jr., Andrew Joseph Cuneo, John R. Krakow, Walter A. Laarser, Kenneth S. ELIAN GONZALEZ Curry, Ralph Ray Curtis, Walter Lancaster, Joseph Landers, Charlie M. Mrs. BOXER. Mr. President, I want Czarnecki, Doyle O. Daniell, Robert A. Langley, William D. Langley, Laurance to take this occasion to say something Darrah, Franklin Armfield Daughton, John Langley, Norman L. Langlois, J. about the Elian Gonzalez case. I have Cecil C. Davis, Edward T. Davis, Wilbur Larney, Nick T. Laudas, Albert F. not spoken formerly in the Senate A. Davis, Charlie A. Deal, Edward J. Lechewicz, Curtis F. Lee, Allan Marley about it, but it has been addressed by Derricott, Charles H. Di Francesco, Lee, Sabatino Donato Leo, Albert A. several of my colleagues on the other Battaile Stevenson Dickenson, Ed Law- Leuesque, Walter Leuthold, John W. side of the aisle. For me, it is simple rence Dickerson, Earl W. Dillon, Philip Lewis, Arthur L. Linker, Robert P. because it is not about politics; it is Dinerstein, Edward P. Domme, Ken- Llewellyn, Warren E. Lloyd, Vincent J. about the heart; it is about family. neth F. Dommel, Kenneth Cedric Luei, Robert W. Lultrell, Jr., William Some may call me old fashioned. I Dowell, Elwyn T. Drew, Roland A. Du N. Lynch, William Wallace Lynch, think kids belong with their parents— Sault, Marvin Leroy Dukes, Carl G. Paul S. Manzone, Elliot G. Mapp, Tony I have always believed that—unless Dunn, Francis R. Dymck, Lloyd E. Marcello, Creighton William Marshall, there is some reason a child should not Eagleson, Frank S. Echternach, Wil- Billy B. Martin, Terrance M. Mason, be with the parent, if the child has a liam L. Eckrote, Charles K. Edmonds, Russell E. Mattson, Vincent D. McCall, bad parent. There is no proof of that in John C. Effner, Keith A. Emerson, Lloyd A. McCraney, William J. any way, or suggestion of that, except Frederick J. Ernst, James E. Erwin, McCrudden, William R. McKay, Jr., at the last minute the relatives who John E. Evans, Ludwig M. Eymann, George W. McQueen, Joseph A. are caring for Elian, now, have made Theodore Fabey, Warren Harding Fan- Mezzanotti, Warren Calvin Milard, these charges. ning, Francis R. Farney, Edward C. Daniel Millard, Joseph A. Minieri, It seems as if every time the father Faytak, John Fernandez, Joseph F. Peter F. Monahan, Martin Mondzak, comes closer, he becomes a worse per- Ferriols, Nathan Feuerstwin, Harold R. Richard L. Montgomery, William B. son. First, he was wonderful. They Fisher, James E. Fleenor, Charly L. Morgan, Bennie W. Morris, Sr., Henry said, he is wonderful but he doesn’t Flynn, Urben G. Foley, James Gordon A. Mueller, John K. Murray, Frank H. care about his son; he is not here. Now Foley, Melvin L. Ford, Otis Leonard Nearing, Norman D. Nipping, Wilbur O. he is here, and they still will not turn Forehand, Ellis Joseph Foster, Vernon Niven, Lee S. Nordigan, Paul Peace the child over. Alfred Frederickson, James L. Free- Norris, Donald V. Northrop, Donald W. I have a little grandson. He is about man, Edward J. Freet, Jr., Dudley V. O’Shaughnessy, Milton P. Orr, Joseph a year younger than Elian, so I am Frye, Loy J. Gammel, Peter Gardner, F. Ott, Jr., John Edward Pacheco, Mel- pretty familiar with kids that age be- R. Giachelti, Travis C. Gilchrist, Rob- vin Painter, Paul Gregory Paltakos, cause I have watched him so closely. ert M. Glover, Sherman L. Goggins, Chester Ray Park, Frank A. Patalane, They are babies; they really are. They George E. Gold, Lawrence J. Gordon, James O’Neal Peatross, Abner are little children. They are babies. Eugene Franklin Graves, Louis W. Hartfield Perry, Henry R. Peter, Ches- They are impressionable. That is why Graves, James J. Greenwood, Elbert ter G. Polad, Reginald Smith Porter, it is so important to treat them well Gregory, Alderman Lewis Griffis, Ste- John G. Porto, Woodrow W. Potter, Al- and to not use them for any purpose— phen Grigos, Norman A. Gross, James bert W. Price, Roy Prince, Nathan let them be children. Hasil Grubbs, Jr., William Franklin Prizer, Theodore F. Profant, Paul C. I have to say unequivocally as a Gurkin, Jr., Anthony M. Gurnari, Har- Raddatz, Jr., Louis H. Rauschenberg, grandmother, not as a Senator, I be- vey E. Hall, Lawrence Ray Hamilton, Eugene A. Reese, Albert Reid, Jr., lieve it is very harmful for a child to be Kelse J. Hamlin, Vaughn L. Hanson, Lucas Reyes, Guy H. Rhodes, Arthur H. exposed to screaming adults outside of Lester L. Hardy, Leo C. Harris, Jr., Rich, Zerney W. Roberts, Sr., Marvin his home, day in and day out, shouting Lester Harris, Thad Harris, Herman D. E. Robinson, Joseph Rus, Claude C. things. There is something wrong with Hartman, Jr., Arthur H. Hawkins, John Samples, Anthony Santamaria, Thom- that. It is harmful to a child. B. Hawthorne, Edward J. Haywood, as F. Sarafield, Arthur A. Saunders, I also want to point out there is room John W. Heafner, Hugh Plonk Heauner, Elmer G. Schleif, Donald L. Schnurr, for politics over the Cuba issue. Of Herbert Kenneth Heim, Donald E. William Schoene, Jr., Joseph Schrippe, course there is. But it is not around Heiner, Herbert K. Helm, William R. George Schroeder, Kenneth R. this case. It should not be around this Helms, Sr., Robert A. Herman, Howard Schwarz, Harry L. Segal, Roland O. case, either by those in this country L. Herthel, Joe Shafter Higginbotham, Sewing, Earl F. Shank, Earnest L. who want to make it a political issue, Clarence E. Higgs, Richard L. Hinton, Shelley, Thomas Wayne Shexhan, or Fidel Castro, who may well want to Dewey T. Hobgood, Francis J. Hoey, James L. Sikes, Paul S. Smith, Hugh do that if and when Elian is back. That William E. Hoffman, Thomas Alex- Berkley Snyder, Paul Samuel South, would be deplorable. ander Holden, Lester Manford Holla- Frank A. Spiller, John W. Sprouse, An- We have to treat this child gently. day, Harold Arthur Hollstrom, John L. drew A. Staske, Brune S. Stee, Alex- We have to reunite this child with his Holt, Jr., Marvin J. Holtz, Harold G. ander A. Steiner, Frank D. Stewart, living parent. I just would like to make Holzworth, John Henry Honour, Jr., Randolph T. Stickhouse, Charlie W. a plea to those who do not want to do Clyde E. Hooper, Marvin G. Hoover, Strader, Jacob Straf, Anthon T. that and who have said that to get Clay T. Houchin, John M. House, Leslie Stricklend, Michael J. Strusinski, Joe Elian with his father is going to take C. Hovis, Jr., James Samuel Hughes, H. Summerlin, Benar L. Thompson, people coming to the door, that they Stanley J. Humphrey, Robert Angelo William Leslie Tiffany, Ben Lyman will not relinquish this child except if Iafrate, James Bernard Ingley, James Titus, Henry Gustav Toepfer, Wykliff there is force used, that is not the way Michael Irwin, Robert Lee Jacobs, N. Tolari, Jack E. Tompkins, James we do things in this country. Albin Maynard James, James Oscar Henry Torian, Warren E. Traak, Clin- This is a country of peaceful laws. Jarvis, Lee N. Johnson, Robert R. ton A. Trick, Fernando B. Tucker, That is why we have courts. That is Johnson, Wilbur N. Johnson, Carl James L. Turner, Mark C. Turner, Wil- why people have to obey court orders. Chesley Johnson, Ralph Ross Johnston, liam M. Turscanyi, Earl C. Umlsuf, Jo- We have laws. We cannot, because we James E. Jones, Walton Hailey Jones, seph Valenti, Jess Marnell Van Cleave, disagree with them—God knows, every Norman Emmett Jump, Arthur Louis George Richard Venerable, William E. one of us disagree with jury verdicts; Junker, Henry William Kaiser, James Vogel, John P. Walsh, William D. War- we disagree with laws; we disagree with L. Keever, John Y. Keith, Jr., Charles ner, Helmuth J. Weber, Herbert Roy decisions. The beauty of our Nation is

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2709 that we are a country of laws. We must take another 45 years before the truth expenditure relative to total personal make it clear those laws should be of the massacre would finally be ac- income is nearly 50 percent more than obeyed. We ought to do it in the best knowledged by the leaders of the So- the national average. It is the third interests of this child, which means viet Union. highest in the nation. gently and peacefully. Aside from United States congres- In education expenditures as a per- f sional hearings held in Britain, Italy, cent of total direct state and local gov- Germany and the United States in the ernment expenditures, Utah ranks 2nd REMEMBRANCE OF THE KATYN early 1950s, the Katyn Forest Massacre in the nation. Utah’s expenditure for FOREST MASSACRE was largely forgotten by the inter- education was 41.5 percent of the total Mr. SANTORUM. Mr. President, I national community. But the truth of amount spent for government. The na- rise today to remind my fellow Ameri- Katyn Forest remained vivid for the tional average is 33.5 percent. cans of a horrific tragedy which oc- Polish nation. Polish nationals were Mr. President, no one can tell me curred in Poland six decades ago. April determined to discover the truth. that Utahns are not serious about fund- 13 serves as a day of remembrance of These individuals wanted justice for ing education. And these efforts have this terrible massacre. the fallen comrades. garnered results. Utah’s scores on ACT On September 1, 1939, Germany in- After the publication of an account tests are equal to or better than the vaded Poland to begin World War II. of the Massacre by a Soviet historian national average in English, math, Two weeks later, in accordance with in 1990, Polish President Wojciech reading and science. Utah ranks 1st in the secret Ribbentrop-Molotov Pact, Jaruzelski quickly arranged a series of the nation in Advanced Placement the Soviet Union invaded Poland from meetings with Soviet President Mi- tests taken and passed. the East and completed the partition of khail Gorbachev and other Soviet offi- Still, even with these efforts, Utah this nation. The Soviet invasion lasted cials in an attempt to finally bring a remains 1st the nation in terms of class eleven days and resulted in the forced conclusion to the Katyn conspiracy. On size and last in per-pupil expenditure. deportation of 1.5 million Poles to Rus- April 13, 1990, the day after President This is due to Utah’s unique demo- sian labor camps. Of those 1.5 million, Jaruzelski’s final meeting with Mi- graphic. Utah families are, on average, approximately 15,000 Polish military khail Gorbachev, the Soviet news agen- larger than any other state. Utah has officers disappeared under mysterious cy published a statement of acknowl- the highest birth rate in the nation. circumstances. On June 22, 1941, ten- edgment on behalf of the Soviet gov- While it is true that these factors sions between Germany and the Soviet ernment for summary execution of Union exploded as the German army contribute to the allocation of federal 15,000 Polish officers in the Katyn For- education funds, most notably the stormed into Soviet territory. It would est during late April and early May of take nearly two years before the Ger- Title I funds, the Clinton administra- 1940. The statement claimed that the tion has done very little to help Utah. man army would uncover evidence re- NKVD, the Soviet secret police, fol- lating to the 15,000 Polish officers who Indeed, many of the proposals in the lowed the orders of their chief, administration budget would be detri- had disappeared in 1940. Lavrenti P. Beria, and massacred these In 1943, German forces near Smo- mental to education efforts underway 15,000 Polish captives. in Utah. lensk, in western Russia, investigated We must never forget the crime Among other things, this administra- reports they heard from Russian civil- against humanity which was carried tion has consistently cut funding for ians to the effect that a large number out in this rural section of Poland. As Impact Aid. Impact Aid is a vital proof prisoners had been murdered by the our nation looks towards the 21st Cen- gram for Utah because it helps make Soviet secret police in the area nearly tury and the promising future, we must up for the lost property tax revenue in three years earlier. The German inves- always remember the sacrifices of school districts where there is a signifi- tigators were led by local Russians to a brave and gallant men in the defense of cant federal presence. Since half of our series of mounds in a wooded area their nation and their heritage which state is federally owned or controlled, about 10 miles west of Smolensk. On have helping the world achieve greater that means our schools would suffer April 13, 1943, German officials made a freedom and democracy. April 13 even greater financial difficulties with- gruesome discovery as they uncovered should always be remembered not as a out Impact Aid. I appreciate that this buried corpses. They found numerous day in which hope briefly dimmed when Budget Resolution rejects the 15 per- victims, each with hands bound behind these brave men were executed but a cent cut requested by the Clinton ad- their backs and a bullet hole in the day in which freedom triumphed and ministration. base of their skulls. Over the course of shown brightly after decades of silence. Indeed, in addition to support for Im- the next month, the Germans exhumed f more than 4500 corpses. Unable to con- pact Aid, there is much to applaud in tinue to dig through Katyn Forest, FEDERAL COMMITMENT TO this Budget Resolution relative to edu- Germany requested the assistance of EDUCATION cation. It assumes an increase of more the International Red Cross and rep- Mr. HATCH. Mr. President, last week than $600 million over the administra- resentatives of neutral countries to de- the Senate passed the FY 2001 Budget tion’s request. Over $11 billion will be termine the circumstances surrounding Resolution. I would be remiss if, upon dedicated to funding the Individuals the execution and burial of these 4500 reflection, I did not take this oppor- with Disabilities Education Act. This Polish officers. tunity to talk about the federal com- will greatly assist Utah fund the edu- After examining the bodies, these mitment to education in my state of cation of students with special needs. representatives reported to the appro- Utah. Moreover, because the federal gov- priate authorities their conclusion that In my state of Utah, education con- ernment will be contributing more to- the men buried in Katyn Forest were sistently ranks as one of the highest ward the costs of special education, ful- those of Polish military officers, along priorities for Utahns. During this filling more of its promise to fund 40 with a number of civilian cultural lead- year’s session of the Utah legislature, percent of the cost for educating stu- ers, business leaders, and intellec- Utah reaffirmed its commitment to im- dents with disabilities, the state will tuals—scientists, writers, and poets— proving education, reducing class size be able to use its own resources to ad- who had been in the portion of Poland and paying dedicated teachers a salary dress state and local priorities such as occupied by the Soviet Union in Sep- commensurate with their efforts and lowering class size, improve facilities, tember 1939. The Soviet Union vehe- qualifications. increasing teachers’ pay, upgrading in- mently denied the allegations of re- Utah takes its commitment to edu- structional equipment and textbooks, sponsibility. Once the Soviet Union cation funding very seriously. During or offering enrichment programs. had reclaimed Katyn Forest, a pro-So- the 1995–96 school year, education ex- Finally, this administration has viet investigation of the Katyn Forest penditures in Utah amounted to $92 per never recommended funding for the Massacre determined that the Polish $1000 of personal income. The national Education Finance Incentive Grant officers and leaders had been mas- average was $62 per $1000. In other program which, instead of a per-pupil sacred by the German army. It would words, Mr. President, Utah’s education expenditure as a proxy for a state’s

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2710 CONGRESSIONAL RECORD — SENATE April 13, 2000 commitment to education, uses a com- Maryland companies and their employ- descendants has been to keep its tragic bination of a state’s effort to fund edu- ees. The merger will encourage growth memory alive, in spite of continuing cation and a state’s willingness to and economic competition in one of the efforts by those who refuse to acknowl- more equitably distribute resources most dynamic sectors of our econ- edge the atrocities that took place. In among a state’s economically diverse omy—the global satellite market. It Massachusetts, the curriculum of every school districts. As I have noted, Utah means jobs today and jobs tomorrow— public school now includes human allocates a significant amount of state both in Maryland and throughout our rights and genocide, and the Armenian revenue to education, demonstrating nation. I look forward to Lockheed Genocide is part of that curriculum. our state’s effort. Utah also has in Martin and COMSAT completing their As this new century unfolds, it is place an ‘‘equity program’’ for assist- merger without any further delay. time for all governments, political ing schools with smaller tax bases. Na- Second, this legislation encourages leaders and peoples everywhere to rec- tionally, we ought to be encouraging the privatization of INTELSAT, an ognize the Armenian Genocide. These states to make such effort, and we inter-governmental organization, by annual commemorations are an effec- ought to be rewarding states that do. including the leverage necessary to en- tive way to pay tribute to the courage This is an important program that de- sure that INTELSAT’s privatization and suffering and triumph of the Arme- serves a consistent funding stream, and will conclude in a timely and pro-com- nian people, and to ensure that such I will be addressing this issue in the petitive manner. atrocities will never happen again to context of the reauthorization of the Third, the conference agreement also any people on earth. Elementary and Secondary Education reaffirms the ability of carriers to ob- Mrs. BOXER. Mr. President, each Act. tain Level III direct access. Level III year on April 24, we pause to remember In the area of higher education, this direct access allows customers to enter the tragedy of the Armenian genocide. Budget Resolution rejects the adminis- into contractual agreements with On that date in 1915, more than two tration’s proposal to require guaranty INTELSAT to order, receive and pay hundred Armenian religious, political, agencies, which finance guaranteed for INTELSAT space segment capacity and intellectual leaders were arrested student loans (GSLs), to pay acceler- at the same rate that INTELSAT in Constantinople (now Istanbul) and ated and increased funds from their charges its signatories. This means killed, marking the beginning of an or- federal reserves. This would be espe- that users of INTELSAT services will ganized campaign to eliminate the Ar- cially devastating to Utah’s Higher be able to purchase services directly menian presence from the Ottoman Education Assistance Authority from INTELSAT without going Empire. This brutal campaign would (UHEAA). Utah has one of the lowest through COMSAT. result in the massacre of a million and Fourth, the bill does not remove the average incomes in the nation; and, a half Armenian men, women, and chil- current prohibition on Level IV direct therefore, Utah students who are not dren. access until after INTELSAT reliant on their parents for financial Thousands of Armenians were sub- privatizes. Allowing Level IV access assistance rely instead on assistance jected to torture, deportation, slavery, before privatization would have un- and murder. More than five hundred from UHEAA. fairly and unjustly permitted During past assessments, because thousand were removed from their COMSAT’s competitors to buy all of UHEAA had maintained one of highest homes and sent on forced death COMSAT’s investment in INTELSAT guarantee program reserves ratios, marches through the deserts of Syria. below market value which would have Utah had to return one of the highest This dark time is among the saddest weakened the value of this inter- percentages of current reserves to the chapters in human history. national asset. This would have signifi- But Armenians are strong people, federal government. Under the admin- cantly diminished the value of the and their dream of freedom did not die. istration’s proposal, these cuts would Lockheed-COMSAT transaction. have been deepened, and I am grateful I commend my colleagues on both More than seventy years after the to the Budget committee for rejecting sides of the aisle in the Senate and in genocide, the new Republic of Armenia them. the House for passing S. 376 and com- was born as the Soviet Union crum- In closing, I would like to commend mend the President for signing this im- bled. Today, we pay tribute to the the tireless hard work of the Chairman portant legislation into law. courage and strength of a people who of the Budget Committee, Senator would not know defeat. f DOMENICI. His dedication to sound fis- Yet independence has not meant an cal policy and appropriate spending ARMENIAN GENOCIDE end to their struggle. There are still priorities are laudable. I also thank the Mr. KENNEDY. Mr. President, April those who question the reality of the Senate leadership for their efforts on 24 marks the 85th anniversary of the Armenian slaughter, who have failed to moving this process along. I look for- beginning of one of the most tragic recognize its very existence. We must ward to the enactment of this Budget events in history, the Armenian Geno- not allow the horror of the Armenian Resolution. I thank the chair and yield cide. In 1915, the Ottoman Turkish genocide to be either dismissed or de- the floor. Government embarked on a brutal pol- nied. f icy of ethnic extermination. Over the Genocide is the worst of all crimes next eight years, 1.5 million Armenians against humanity. As we try to learn PASSAGE OF S. 376 ‘‘ORBIT’’ were killed, and more than half a mil- from the recent genocidal conflicts in Ms. MIKULSKI. Mr. President, I rise lion were forced from their homeland Kosovo and Rwanda and prevent future today to support the conference report into exile. atrocities, it is especially important to on satellite reform. As a co-sponsor of In the years since then, the Arme- remember those who lost their lives in the original bill, I believe this bi-par- nian diaspora has thrived in the United the first genocide of the twentieth cen- tisan legislation will encourage more States and in many other countries, tury. We must never forget the victims competition in the satellite commu- bringing extraordinary vitality and of the Armenian genocide. nications market. This will benefit achievement to communities across f American consumers and workers. It America and throughout the world. will also make America more competi- The Armenian Assembly of America, A MODERN DAY TRAGEDY tive in the global satellite market. the Armenian National Committee of Mr. MACK. Mr. President, I come to The Open-market Reorganization for America, and other distinguished the floor of the Senate today to tell a the Betterment of International Tele- groups deserve great credit for their story—a modern day tragedy about a communications Act (ORBIT bill) will impressive work in maintaining the mother, Elizabeth, who so loved her benefit our nation in a number of ways. proud history and heritage of the Ar- son, Elian, that she tried to bring him First, the bill allows Lockheed Martin menian people, and guaranteeing that to the shores of the United States of to acquire 100% of COMSAT Corpora- the Armenian Genocide will never be America from Cuba—to the shores of tion by removing a number of old and forgotten. freedom. Had she succeeded, she would outdated regulatory barriers. This is One of the enduring achievements of have joined her family members al- great news for these two outstanding the survivors of the Genocide and their ready in the United States: her cousin

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2711 who arrived only last year; her son’s As many of my colleagues know well, trary to the revolution’s goals could be great uncle and his family who have if a Cuban refugee reaches American imprisoned or executed. been in the United States for many soil they will not be sent back to Cuba. Let me quote a former Cuban Gov- years; and another cousin who has been Every Cuban knows that reaching ‘‘dry ernment official from a recent Wash- here for over fifteen years. She would land’’ means they will be free from Cas- ington Post op-ed. have been reunited with many other tro’s iron fist. Elizabeth’s dying wish Within Cuba, the return of Elian will not relatives who must today remain anon- was for her Elian to reach dry land. be seen as an act of justice by the U.S. gov- ymous for fear of retribution by Castro There can be no doubt about what she ernment, but rather as yet another victory against those still trapped in Cuba. In- wanted for her son. for the bully-boy tactics of Fidel Castro. This is why the dictator is trying to recover stead, she met with tragedy in the Mr. President, I come to the floor Elian—to convert him into a different kind Florida straits. Elizabeth died. Her today with great disappointment—dis- of symbol—a symbol of the Revolution—even five-year-old son survived. appointment in this Administration though for that to happen, Elian would have Let me be a little more specific. On and disappointment in the Attorney to renounce his mother, the family in Miami November 21, 1999, a group of 14 Cuban General. Elian Gonzalez’s mother’s that took care of him and even in fact, his citizens boarded a boat bound for the death will be in vain and this little father, Juan Miguel. Because upon returning United States and the shores of free- boy’s struggle for freedom, his struggle to Cuba, he will not belong to his family. He will be another son of the Revolution. dom. The motor failed shortly after de- to live in America, simply is being dis- parting and the group was forced to re- missed if the boy’s best interests and If Cuba were a free country, this situ- turn to Cuba. Think of the anxiety at the family’s legal rights are not consid- ation would have been easily resolved. this moment, having to return after ered. But Cuba is not free, it is a police risking everything. The anticipation. Many will say that this is a simple state. In fact, Article 8 of Cuba’s Code The disappointment. The fear. decision, the INS and the Department for Children and Youth states: ‘‘Soci- When the boat returned to Cuba, one of Justice should merely reunite a fa- ety and the State work for the efficient of the other female passengers, Arianne ther with the son he loves. I think all protection of youths against all influ- Horta, placed her young daughter back of us recognize the intense and pro- ences contrary to their communist for- on the shore of Cuba. She then wanted found bond between parent and child. mation.’’ Make no mistake, in Cuba, Elian will to make sure that Elizabeth was posi- It is to be respected and cherished. It is not have a normal childhood. tive in her decision to take Elian. And a natural instinct to want to reunite In Cuba, Elian will be allowed to live despite the fact that Elian had a father parent and child. But these are by no with his father until he is eleven; in Cuba, Elizabeth brought her son means ordinary circumstances. I ask thereafter he will be sent to work in a back on the boat to set sail for the sec- the American people to look beyond farm-labor camp for 45 to 60 days per ond time that night—seeking freedom the headlines, to understand the in- year. on the shores of America. tense pressure this father is under. It is In Cuba, Elian will face compulsory If you are interested in what Elian’s unlike anything you or I will ever ex- military service until he is 27. mother really wanted, think about the perience in a free America. I have no In Cuba, Elian will be indoctrinated act of choosing to keep her son on the doubt the father loves his little boy. in the glories of ‘‘the revolution’’ and boat, while Arianne took her child off But how many of us have stopped and taught to regard any Cubans who re- the boat. This is as clear a message as thought about why this father did not ject Castroism—including his dead a mother can send that she wanted come to his son the day he was found, mother—as counterrevolutionaries and freedom for her child. She wanted free- exhausted and dehydrated having sur- traitors. dom despite the risks involved, despite vived a treacherous trip at sea. Con- In Cuba, Elian will be allowed to at- a failed attempt to flee hours earlier, sider why he has not come for almost 5 tend college only if his ‘‘political atti- and despite the fact that the father re- months to support his son, hug his son, tude and social conduct’’ satisfy the remained in Cuba. comfort his son. Again, I would suspect gime in Havana. Think about that moment of choice it is not out of lack of concern for his Returning Elian to Cuba means re- for Elizabeth—put my son on the beach boy. I would suspect it is because Cas- turning him to Fidel Castro. When I and he can live with his father, or keep tro would not let him. was a child, my parents had the last him with me so we could have the hope Is it possible the father wants the word in my upbringing. In Cuba, Cas- of freedom. It is clear to me that she boy to remain with his family in Miami tro’s wishes carry the day—he can valued freedom above everything. Now and live in freedom? My understanding override any parent. Be assured Castro think—if that was you, and you died, is that the father knew Elian and his will begin his manipulation of Elian would you want the child returned to mother were coming to this country from the day of his return. I can see Cuba? and even told other family members the images now—parades and banners, Think of yourself in Nazi Germany. A that he would get to America if he welcoming home the young defender of mother successfully smuggles a child ‘‘had to do so in a bowl.’’ the ‘‘Communist Revolution.’’ Elian out, but dies in the process at the I can’t imagine anyone disagrees may remain closer to Fidel than any hands of the Nazis. The father, prob- with the notion that Castro controls other child may be forced to suffer. The ably under duress, demands the return the father’s words and actions through boy may get better treatment as a re- of his child. Would we contemplate re- duress—through intimidation. The fact sult, but this will be only on the sur- turning him? Would we return a child is that none of us knows the true wish- face. This innocent child will be cap- under the same circumstances to Sad- es of this father. Castro has used this tive—a prisoner in his own homeland. dam Hussein’s Iraq? If a mother and father and son to manipulate both The regime cannot afford for this boy child were scaling the Berlin wall and Cuba and the United States. to return to Cuba only to renounce the mother was shot, but the child was Today, the United States is not about Castro’s ways. Elian will be treated, pushed over—would we send the child to reunite a boy and his father, instead not as a child, but as an opportunity to back? Absolutely not. we are about to reunite a child and his exploit. His home, his education, his fa- On the night of November 21, this dictator. And we are doing so against ther’s salary, everything, will be pro- group of Cuban nationals repaired their his mother’s wishes. We may be doing vided as Fidel dictates. The pathetic boat and set sail a second time. On the so against his father’s wishes, as well. efforts of a desperate tyrant to legiti- following night, the boat capsized. The Last week, a spokesman of the Cuban mize his method of oppression will survivors clung to anything that would embassy stated ‘‘Elian Gonzalez is a make Elian a test. My colleagues, he is float and hung on for dear life. After a possession of the Cuban Government.’’ a child. Instead of Fidel’s cruelties, he day struggling for her life, Elizabeth In Castro’s Cuba, the state always has needs compassion. died. But before she passed on, she told the last word in how a child is raised— There is a reason Elian’s mother and a fellow passenger who did survive, it does not matter if a parent dis- countless others have risked every- Nivaldo Fernandez, to make sure that agrees. According to Cuban law, any thing and have given their lives in the Elian touches land, to make sure he parent who questions the regime or hope that their children will taste free- touches dry land. takes any action deemed to run con- dom. And while Elian’s mother’s voice

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2712 CONGRESSIONAL RECORD — SENATE April 13, 2000 cannot be heard now, her actions were the mighty weight and power of the country. It is a very unordinary coun- loud and clear. government down on the weakest of all try, in the manner and in the ways the I would not be so angry if we were people—a child. Senator from Florida described it, and truly reuniting a parent and child. But But, in the last four months, this ad- more. if we return Elian, the United States ministration, our United States Gov- I thank him for coming here and ask- will be caving to the demands of the ernment, has overstepped its bounds. ing the President and the Attorney last tyrant in the Western Hemisphere Mr. President, I am disillusioned by General in a senatorial way—he made and will be sending a six-year-old boy the present status of this struggle for no threats, and there were no connota- to a place that Human Rights Watch freedom. Disillusioned that these calls tions in his voice. He clearly said, I ask states has a ‘‘highly developed machin- to honor freedom have fallen on deaf that you consider the other side of this ery of repression.’’ And the United ears. But, then I think of the Cuban coin. States will be doing this without pro- parents who so loved their children I thank him for that. viding basic civil rights to Elian—with- that they sent them unaccompanied to Mr. LAUTENBERG. Mr. President, I out permitting his legal options to play the United States in the 1960’s in what listened carefully to the Senator from out. became known as ‘‘Operation Pedro Florida. But I am reminded, it is a pa- Instead, our Government is short Pan.’’ Fourteen thousand and eighty- thetic thing. It is pathetic to see this circuiting justice for political expedi- four children were sent away from the child twisted and turned and seduced, ency and we will have to live with that. clutches of Castro by their loving par- if I may say—something that goes far The outrage and fury I feel toward the ents to go to America to live in free- beyond the capacity of a 6-year-old administration, the Department of Jus- dom. These parents willingly sent their child to analyze and describe in appro- tice and the INS for the manner in children in order to escape Castro—in priate terms. which they have handled the Elian order to escape oppression. Many, if But I say this: My sympathy goes out Gonzalez case is overwhelming. not most, of these children had no fam- to the family in Miami that has been The United States is a Nation com- ily in the United States. But they were attached. But I also know this is a mitted to the principles of freedom, sent to the United States with their place where we often preach family justice, democracy and respect for parents wish for freedom—freedom at values, family control, no interference human dignity. We are a nation built all costs. by government, to remind everyone upon a rich diversity of heritage. We We know Elian’s mother sought free- that this is a country of laws. If we celebrate the uniqueness of our roots, dom for her son—and she paid the ulti- subvert the law simply because there is family traditions and cultural experi- mate price. We know many in Elian’s pressure coming from one corner or an- ences. And while this rich diversity is family had already come to the United other, what kind of message does it the strength of our great country, we, States; some recently, some long ago. send to the millions of people who as Americans, share a common bond But we have taken the sad, sad action would crowd our shores and want to be that is even stronger. That common of assuming a man whose very life and here? It would say, well, we discrimi- bond is our precious freedom. Freedom that of his family, depends upon the nate because we have louder voices in to pursue our dreams, freedom to raise goodwill of a tyrant, has the ability to one place than we have in another. our children, freedom to speak our speak freely. What a tragedy that this Again, I think we have to remember minds, and freedom from a government man cannot speak openly and freely that this country is founded on the that dictates what we say, where we about his true desire. What a sad day principle of being a nation of laws, and should live, and what we will become. in the history of the United States of one can challenge and go to court. These principles strengthen our de- America. But to say, no, we are not going to mocracy, our nation. These principles Our founding principle—our Declara- obey the law, I don’t think, frankly, are what continue to draw people to tion of Independence—declares, ‘‘we does the cause of our country or the America’s shores. Our democracy is de- hold these truths to be self-evident, cause of this little boy, in the final signed to preserve and protect the that all men are created equal, that analysis, any value. rights of the weak and the strong. Our they are endowed by their Creator with Mr. MACK. Mr. President, there was judicial system is designed to promote certain unalienable rights, that among an interest here, certainly. There are access to justice for all Americans. But these are life, liberty, and the pursuit some who have discriminated against what we have seen in the past several of happiness.’’ We, the inheritors of one group or another, who have not weeks from our own Justice Depart- this legacy, must not force people into spoken out for one group and have spo- ment in its’ handling of the Elian Gon- tyranny. ken out for another. zalez case shakes the very foundation I appeal to the President and the At- In my career representing the State of our American principles. torney General to resolve this in such of Florida and the Senate, I have spo- Instead of defending these principles, a manner that Elian’s struggle and his ken out for every group looking for this Administration has intimidated mother’s tragic death will not have honest and fair treatment, whether Elian’s American family with the sheer been in vain. Perhaps we, the United they be Cuban, whether they be Nica- weight, power, and force of the United States of America, will realize that if raguan, or whether they be Haitian. I States Government. This Administra- we don’t, we are making a tragic mis- have done that. I am proud that I have tion has chosen to grind down this fam- take in the handling of this case. It is done that. Some of those positions ily’s emotions and trample on the fam- not too late, though, to do the right have not been particularly popular in ily’s rights. In the process, the best in- thing for this little boy. I call on the my State. But I have always taken terests of this boy have been undeni- President of the United States and the that position. ably neglected and his mother’s wishes Attorney General once again, to con- Again, I think the right thing to do is ignored. This Administration’s treat- sider what is in the little boy’s best in- to ask a very simple question: What is ment of a young child has evolved into terest. in the boy’s best interest? an exercise of cruel and unusual pun- Mr. DOMENICI. Mr. President, I was Mr. LAUTENBERG. In all due re- ishment to preserve a pre-determined listening to Senator MACK. And I really spect, I say this to my friend from outcome and to placate an old and bit- wish all Americans could hear his con- Florida for whom I have a great deal of ter dictator. cerns and message because I don’t respect and admiration. Reunification The United States is a free country. think the message he is sending today of families is something we wrestle We have a Bill or Rights, a code of is getting out to people. I really believe with here all the time—people pleading laws, and a separation of powers which most people think this is just a tech- to allow a relative to join a family that guarantees no administration shall be nical issue, it is automatic, it is what has been here for years. And we say: able to sidestep the law. We are a coun- ought to happen. No, the law doesn’t permit it, the rules try in which the judicial system should I think what the Senator from Flor- don’t permit it. So we say: Sorry, we be permitted to work without presi- ida shared with us indicates that this can’t do that. dential influence for political expedi- is not an ordinary situation. It is very I get lots of pleas in my office—I am ency—and certainly without bringing unordinary. Cuba is not an ordinary sure every Senator does—saying: Let

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2713 my mother come from country X, Y, or issue of organ and tissue donation, par- Nachreiner was a bright, artistic teen- Z, or otherwise, and let us join to- ticularly with the upcoming National ager in the class of 2002. At 16, she went gether. Organ and Tissue Donor Awareness with her mother, Mary, to get her tem- I say once again, if we forget we are Week (April 16th-22nd) upon us. Al- porary driver’s license. At that time, a nation of laws, then all of us—the though many of us will be back in our Mary pointed out the donation ques- people in this room and the people home states next week, we must re- tion on the form for her license to throughout the country—ought to be member to spread the word about the Kelly, having no idea how her daughter bound by the same rules and the same need for donation whenever we have would respond to this serious issue. laws. We cannot make the kind of ex- the chance. Kelly quickly responded, ‘‘Well, of ception that looks as if it is responding National Organ and Tissue Donor course, Mom, I mean if somebody can to particular pressure in a particular Awareness Week was first designated live after me...if I’m dead why does moment. by Congress in 1983 and proclaimed by it matter? Why do I want to keep those f the President annually since then to organs? If I can save somebody else’s raise awareness of the significant need life, why wouldn’t I?’’ Just one month RESOLUTION ON METHAMPHET- for organ and tissue donation and to later, her unselfish decision would save AMINE CLEAN UP FUNDS encourage all Americans to share their the lives of three people after she died Mr. THOMAS. Mr. President, today I decision to donate with their families as the result of an automobile acci- rise in support of Senator GRASSLEY’s so their wishes can be honored. Last dent. Kelly not only saved those three Sense of the Senate Resolution urging year, for example, the Transplant Re- lives, she also brought a spotlight to President Clinton to see to it that the cipients International Organization’s the issue of organ and tissue donation Department of Justice reprogramms Chicago chapter reached thousands of awareness, which can potentially save $10,000,000 in recovery funds within the people through its donation displays at thousands more. Community Oriented Policing Service City Hall and other public buildings. In Mr. President, all of us would want (COPS) so the Drug Enforcement Ad- addition, many groups sponsored donor to save somebody else’s life if we could. ministration (DEA) can continue to re- recognition ceremonies, remembrance Let us continue to work together imburse state and local law enforce- services, and other events to honor the throughout National Organ and Tissue ment officials in the proper removal generous and caring individuals and Donor Awareness Week and beyond, to and disposal of hazardous materials re- families who have given the gift of life. promote organ and tissue donation covered from clandestine methamphet- Today, nearly 70,000 men, women, wherever we can. amine laboratories. and children are waiting for an organ f Mr. President, Wyoming is one of a transplant and the list is growing ANNIVERSARY OF THE COL- number of states that has experienced longer. Each day about 57 people are UMBINE HIGH SCHOOL TRAGEDY an astronomic increase in meth- given the gift of life through the gen- amphetamine production, trafficking erosity of organ and tissue donations, Mr. CAMPBELL. Mr. President, next and use. In fact, during fiscal year 1998, but another 16 people on the waiting Thursday, April 20th, marks an impor- of all cases prosecuted by the U.S. At- list die because the need for donations tant date in the hearts of the families torney’s office in Wyoming, 45% were greatly exceeds the supply available. of those killed inside Columbine High drug cases and of that nearly 75% were Additionally, the need for a more di- School, and for those who survived the horrible events on that infamous day methamphetamine related. verse donor pool, including a variety of When law enforcement officials bust racial and ethnic minorities, will also one year ago. Indeed, this day is important for everyone whose lives were a methamphetamine laboratory not continue to grow in the coming years. touched by those tragic events. only do they have to prosecute the in- All anyone needs to do is this: say yes I can think of no greater burden for a to organ and tissue donation on a dividuals involved but they must also parent than to have to bury one of his donor card or driver’s license and dis- dispose of the highly toxic chemicals or her children. That burden is only that were used to produce this illegal cuss your decision with your family magnified when a loved one is taken drug. It is estimated that it costs be- members so they know your wishes. with such unimaginable and unspeak- tween $3,000 and $100,000 for the safe Transplantation does save lives, but able violence. clean up of methamphetamine labs. It only if all of us help as we strive to- A year is not enough time to heal the is very important to see to it that ward a fair, equitable and accountable scars created on that day; not for the methamphetamine labs are properly system of organ and tissue donation families of those taken, not for the handled because six pounds of toxic and transplantation. children who were spared, not for the waste are produced for every pound of Last session, the Give Thanks, Give community of Littleton, Colorado, and methamphetamine manufactured. Life resolution that I sponsored with not for our nation. Wyoming’s law enforcement officials my distinguished colleagues, Senator While the events of that fateful day rely exclusively on the funds that the FRIST, Senator DEWINE, Senator KEN- shall always be with us, so too is the DEA provides to state and local law en- NEDY and Senator LEVIN and others was memory of those slain and the strength forcement officials for the clean up of passed in the Senate. This legislation, of spirit they and their families have methamphetamine labs. Because of which has the support of numerous na- given to all of us. Like the Columbine this growing problem, the allocated tional organ and tissue donation orga- flower which returns every Spring from funds the DEA uses to reimburse state nizations, designates Thanksgiving of under the darkness of winter, so too and local law enforcement officials ran 2000 as a day for families to discuss has a sense of community blossomed in out last month. As a result, numerous organ and tissue donation with each Littleton and throughout the State of towns and communities across the other since the final decision to share Colorado in response to the horror of country are no longer able to rely on the gift of life is almost always made that day. the DEA for much needed funding. by a loved one’s family. This week, I As a step toward healing, many Mr. President, it is my hope that also introduced the Comprehensive Im- groups, individuals, and entities from President Clinton will see to it that munosuppressive Drug Coverage for both Colorado and our nation have the Justice Department approves this Transplant Patients Act of 2000, which worked to honor those who have died reprogramming of funds so law enforce- sets up a new policy stating that all and to memorialize their passing in an ment officials across the country can Medicare beneficiaries who have re- appropriate and meaningful manner. continue to fight the growing problem ceived a transplant and need immuno- In seems especially fitting that today of methamphetamine production. suppressive drugs to prevent rejection I recognize with honor the parents and f of their transplant will be covered for the families of those killed and wound- as long as anti-rejection drugs are ed in the school that day who are NATIONAL ORGAN AND TISSUE needed. working to raise money to replace the DONOR AWARENESS WEEK There are many stories that touch library at Columbine High School, the Mr. DURBIN. Mr. President, I rise the heart on this compelling issue, but scene of much of the violence that oc- today to draw attention to the critical I’ll share just one. Kelly Therese curred last April 20.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2714 CONGRESSIONAL RECORD — SENATE April 13, 2000 They have, to date, received pledges Nebraska (LB 23, June 9, 1997) is too We are wrong to presume that women for nearly all of the estimated $3 mil- vague to be enforced without placing no longer die during child birth or lion it will take to replace the library an undue burden on a woman making abortion. Medical science has reduced at Columbine High School. Other pend- this difficult choice. The Supreme but not eliminated the risk associated ing pledges could bring them close to Court should uphold the Eighth Cir- with either. We must not deny women the full amount they need to replace cuit’s decision because this law bans their ability to freely choose to under- this scene of horror with one of hope. procedures commonly used for second go an abortion, or the access to physi- This is just one outstanding example of trimester abortions and will affect any cian care necessary to ensure their a community pulling together in a Nebraska doctor who performs either safety. grassroots effort to lift itself up free of the D&E (dilation and evacuation) or Freedom of choice in reproductive governmental intervention and regula- D&X (dilation and extraction) proce- decision-making is a constitutional tion. I would encourage every Amer- dure. This statute makes the act of guarantee established by this Court ican capable of sharing to help all of performing legal medical procedures a with limitations. Nebraska’s law fun- the families whose lives were abruptly Class III felony (up to 20 years in jail) damentally ignores the limitations al- and forever changed by the events at and subjects a participating physician lowed and not allowed by the Court’s Columbine in whatever way they can. to the loss of his or her license. previous decisions. If it is sustained, it Mr. President, there is good and evil Each year, five thousand women in will imperil the safety and well-being present among us in human nature. We Nebraska, with the help and counsel of of women throughout our state. We never know when we will be faced with their loved ones, their doctors and cannot allow misinformation to ob- either. I pray no family has ever to their clergy, face the very difficult de- scure the broad consensus in America face the sadness and grief visited on cision to end a pregnancy. None of us that women must decide for themselves the victims and the families of those in believe that they make their decision how best to live their lives. Moreover, Columbine High School one year ago lightly. They are guided by their moral it is equally important that no one be today. I also pray that peace comes to beliefs and by the previous decisions of denied the safe and appropriate med- all of our families through the gentle the Supreme Court giving elected ical treatment necessary to make a re- spirit of all the victims taken from us State and Federal officials a legal productive decision which this law in Columbine High School, and those foundation upon which to effectuate, would do. who will live with the pain caused that and in some cases limit, the scope of It is my hope that this statement day. That spirit lives on in all of us and their choices. will help Nebraskans better understand has been best described by the students The central problem with the Ne- my position on this very important and community of Littleton who braska law is that legislators made no matter. proudly proclaim: ‘‘We are Col- attempt to abide by previous Court de- f umbine.’’ cisions. Called the ‘‘Partial Birth Abor- PIPELINE SAFETY f tion Ban’’ by its sponsors, the bill has Mrs. MURRAY. Mr. President, I been inaccurately characterized as CARHART V. STENBERG would like to share with my colleagues ‘‘banning certain late term abortions.’’ some recent developments on the pipe- Mr. KERREY. Mr. President, on April In reality, the bill does not concern line safety legislation I introduced two 25, 2000 the United States Supreme itself with late term abortions—neither months ago. I’m pleased to report that Court will hear arguments in the curbing them nor banning them—which in the past week, we’ve made a lot of Carhart v. Stenberg case. As a lifelong the Court gives lawmakers the capac- progress. Nebraskan, I have received several re- ity to do. Instead the bill seeks to ban About 10 months have passed since a quests to take a prominent public posi- a medical procedure used to end a preg- gasoline pipeline in Bellingham, Wash- tion with regard to this case, including nancy without reference to when that ington ruptured—spilling more than a request that I file an amicus brief, procedure is used. Moreover, it bans a 275,000 gallons of gasoline. That pipe- also known as a ‘‘friend of the court’’ medical intervention that is very dif- line disaster killed three young people, brief in this case. I am honored by ficult to define with the precision need- and left thousands of people in my these requests, but remain determined ed under law to give both doctors and state wondering about the safety of the not to become officially involved in those who enforce the law the guidance pipelines near their homes. this case before the Supreme Court. I they need. We can’t undo what happened in Bel- have come to believe that active in- Given this uncertainty, the Eighth lingham—it will never be the same. volvement in matters before the Circuit Court of Appeals found that LB But we can make sure that what hap- courts, particularly the U.S. Supreme 23 was unconstitutional. Writing for pened in Bellingham doesn’t happen Court, would be an ineffective use of the majority, former Chief Judge Rich- anywhere else. the power of the Senate office which I ard Arnold explained that it created an There are 2.2 million miles of pipe- hold in trust for all Nebraskans. undue burden on women because, in lines running across the country— However, I do not want my silence many instances, it would ban the most bringing us the energy we need to fuel and absence from these amicus briefs common and safest procedure for sec- our cars and heat our homes. They run to be mistaken for something that it is ond-trimester abortions. The Court near our schools, houses and commu- not. Because I have had several oppor- pointed out that the term ‘‘partial nities. We have a responsibility to tunities as a Nebraska Senator to de- birth abortion’’ has ‘‘no fixed medical make sure these pipelines are safe. And bate this issue, and because this land- or legal content’’ and that the Ne- it is clear that the current laws are not mark case before the Supreme Court braska statute is too broad. sufficient. affects Nebraskans directly, I feel com- Most second and third-term abor- That’s why I introduced my pipeline pelled to explain to Nebraskans my tions occur in situations where a safety bill back in January. Since that thoughts on this important issue. woman would have preferred, indeed time, I have been meeting with the Ad- On September 24, 1999, the Eighth desperately wanted, to carry the baby ministration, with Senators, safety of- Circuit Court of Appeals upheld a Ne- full term. The doctor made a rec- ficials, citizen groups, and industry braska district court decision that a ommendation based upon a threat to representatives. Nebraska statute banning a medical the life and health of the mother if the This week, I spoke at a national con- procedure commonly known as ‘‘par- pregnancy were to continue. A law like ference on pipeline safety here in tial-birth abortion’’ is unconstitu- Nebraska’s would make doctors who Washington, D.C. It was hosted by the tional. The appellate court sustained perform this procedure liable for pros- National Pipeline Reform Coalition, the decision on the grounds that the ecution, with penalties that include SAFE Bellingham, and the Cascade Co- Nebraska law creates an undue burden loss of their license to practice medi- lumbia Alliance. on women seeking abortions. cine and time in jail. The threat of I can tell you that people all across It is my sincere belief that the Eight these penalties could result in physi- the country are following this issue Circuit’s decision should be sustained. cians choosing not to treat women closely, they understand the problem, In sum, the law adopted by the State of with a history of high-risk pregnancies. and they are calling for action.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2715 I want to be clear. We cannot wait to work with me on this issue. As he tive Calendar Items’’ which he hopes to any longer—and we can certainly not told me, ‘‘this is the right thing to do.’’ consider prior to the August recess. let this year pass without improving I would like to commend Senator Pipeline safety was not on his list. our nation’s inadequate pipeline safety MCCAIN for moving the process for- Now, I know priority lists are flexible, laws. ward. I would also like to share with and I hope we can get a pipeline safety The danger posed by aging, corroded the Senate the important work done by bill through the committee and onto pipelines is not going away. In fact, it’s the parents of the young people who the Senate floor for consideration be- getting worse. were killed in the Bellingham explo- fore August. Since 1986, there have been more sion, especially Mr. Frank King. On We need to pass a pipeline safety bill, than 5,700 pipeline accidents, 325 Tuesday, Mr. King met with Senator and we need to do it now. I again ask deaths, 1,500 injuries. More than $850 MCCAIN’s staff, and in bringing his own my colleagues to stand with the thou- million in environmental damage. On personal story to the Senate—he has sands of people who have been ad- average there is 1 pipeline accident helped move this legislation forward. versely affected by pipeline disasters every day, and 6 million hazardous gal- I’m pleased today to become the and pass a bill that will make sure no lons are spilled every year. Democratic sponsor of Senator other community has to suffer from In the two months since I introduced MCCAIN’s bill. This bill contains many another pipeline disaster. my pipeline safety bill, at least 20 of the elements of the legislation I in- We have a strong pipeline safety bill. states—almost half of the country— troduced back in January. The bill also We have Administration support. And have experienced pipeline accidents. includes some of the good elements of we have a commitment from the Com- merce Committee leadership to pass Let me repeat that. In just two the Administration’s proposal, which legislation this year. was introduced this week. months, 20 more states have had pipe- This is our chance for safer pipelines, Senator MCCAIN, as chairman of the line accidents. for safer communities, and for peace of Commerce Committee, has done a serv- Just last week there was a major mind. We have a bill. It’s up to this pipeline spill in Maryland. The clock is ice to our nation and the state of Congress, this year to make sure this ticking, and the list of affected com- Washington by providing his leadership opportunity doesn’t pass us by. munities is growing. on this important topic. Back home in Washington state, During the committee process, I hope f there is a great deal of impatience that we can all work together in a bipar- THE VERY BAD DEBT BOXSCORE Congress has not acted on pipeline tisan manner to make the McCain- Mr. HELMS. Mr. President, at the safety measures. This editorial by the Murray bill even more effective at im- close of business yesterday, Wednes- Bellingham Herald—from April 5th— proving pipeline safety. There is still a day, April 12, 2000, the Federal debt gives you a good sense of how many of long way to go, and I look forward to stood at $5,764,655,944,486.86 (Five tril- my constituents feel. working with Senator MCCAIN on this lion, seven hundred sixty-four billion, It’s titled, Wake Up, Pipeline Bill Is important issue. six hundred fifty-five million, nine On The Way. It’s addressed to Con- Another step forward took place this hundred forty-four thousand, four hun- gress, and it says, in part: week, when the Clinton/Gore Adminis- dred eighty-six dollars and eighty-six Don’t know if you had a chance to look at tration sent its pipeline safety proposal cents). our pipeline bill, but we’re sending you a to Congress. Working with us, the Ad- One year ago, April 12, 1999, the Fed- message. We want you to hear us loud and ministration has crafted a proposal eral debt stood at $5,663,867,000,000 clear. which includes many of my priorities: (Five trillion, six hundred sixty-three And later it says: It places a clear value on the impor- billion, eight hundred sixty-seven mil- * * * even though what happened in Bel- tance of safety. It strengthens commu- lion). lingham could happen in any one of your nity ‘‘right to know’’ provisions. It im- Five years ago, April 12, 1995, the home states, we feel you aren’t giving this proves inspection standards. It invests Federal debt stood at $4,874,101,000,000 issue much attention. in research and development for in- (Four trillion, eight hundred seventy- As this editorial says—these acci- spection devices. And it increases pen- four billion, one hundred one million). dents can happen in any of our states. alties for safety violations. Ten years ago, April 12, 1990, the Fed- I don’t want another community to go This proposal is a good first step, and eral debt stood at $3,087,071,000,000 through what the people of Bel- now we will work to improve it. Clear- (Three trillion, eighty-seven billion, lingham, Washington have gone ly, there are some differences on the seventy-one million). through. We can make pipelines safer partnership with states provisions and Fifteen years ago, April 12, 1985, the Federal debt stood at $1,729,937,000,000 today. other areas, and I will be working to (One trillion, seven hundred twenty- My bill addresses five key areas of strengthen them within the legislative nine billion, nine hundred thirty-seven pipeline safety: My bill will expand process. I should add that the Adminis- million) which reflects a debt increase state authority over pipeline safety. tration’s bill has been introduced in of more than $4 trillion— My bill will improve inspection and the Senate by Senators HOLLINGS and $4,034,718,944,486.86 (Four trillion, thir- prevention practices. My bill will in- SARBANES, and in the House by Rep- ty-four billion, seven hundred eighteen vest in new safety technology. My bill resentatives SHUSTER, OBERSTAR, million, nine hundred forty-four thou- will expand the public’s right to know FRANKS, and WISE. sand, four hundred eighty-six dollars about problems with pipelines. Finally, I want to commend the Vice Presi- and eighty-six cents) during the past 15 my bill will increase funding to im- dent, who learned about this issue years. prove pipeline safety by providing when he was in Washington state. He funds for new state and federal pipeline recognized the importance of pipeline f safety programs. safety, and he has been working to THE OCCASION OF THE BICENTEN- I’m proud to say that we are making prompt the Administration to act NIAL OF THE LIBRARY OF CON- progress. And I want to share with you quickly. I also appreciate the work GRESS some recent developments. Transportation Secretary Rodney Mr. STEVENS. Mr. President, as Yesterday, Senator MCCAIN an- Slater has done. Shortly after the ex- Chairman of the Joint Committee on nounced that he has scheduled a hear- plosion, he stationed a pipeline inspec- the Library, it is my great pleasure to ing on pipeline safety for May 11, and tor in Washington state. congratulate the Library of Congress, he has committed to marking up a So clearly we are making some and Dr. Billington, the Librarian on pipeline safety bill by the end of May. progress, but there is still much more the occasion of the Library’s Bicenten- He also introduced his own pipeline to do. Unfortunately, the Senate lead- nial. The Library is America’s oldest safety bill. ership has not expressed a lot of inter- Federal cultural institution, and was As you may recall, in February, I est in pipeline safety. established on April 24, 1800. It houses sent a letter to Senator MCCAIN asking I recently received a note from the the largest and most extensive collec- for a hearing. Last week, I spoke with majority leader’s office—listing almost tion in history, and is one of the na- him in person about it, and he pledged 50 bills that he has deemed ‘‘Legisla- tion’s assets. Congress is very proud of

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2716 CONGRESSIONAL RECORD — SENATE April 13, 2000 the Library, and the role it plays in en- sium held in June and now available on the the collections of the Library of Congress suring free public access to informa- Library’s Web site (www.loc.gov). Poet Lau- grew, in his original order. The books have tion. As we move forward into the new reate Robert Pinsky’s ‘‘Favorite Poem’’ pro- been reassembled after a worldwide search to millennium, efforts are underway to gram will create audio and video archives of locate matching volumes, identical to those Americans of all ages and backgrounds read- that were destroyed in a fire in 1851. Numer- enhance public access to the collec- ing their favorite poems. Two commemora- ous additional personal items will be dis- tions of the Library through the Na- tive coins and a stamp will be issued in played exploring the contradictions and tional Digital Library. honor of the Library’s 200th birthday, April complexities of Jefferson the man, the myth, The Library has planned a wonderful 24, 2000. Also on that day, the Library will and the model, including materials relating day of activities on Monday, April 24, launch a new education Web site for families to the Hemings family, the founding of the in honor of Thomas Jefferson’s birth- that will complement our widely acclaimed United States and the earliest known draft day. It was Thomas Jefferson’s collec- American Memory site for students and of the Declaration of Independence in Jeffer- tion of 6,487 books that first began the teachers. Another special initiative, ‘‘Gifts son’s own hand. to the Nation,’’ will encourage benefactors ‘‘The Wizard of Oz: An American Fairy Library’s collections. The events in- to bring rare and important acquisitions to Tale’’ brings together approximately 100 clude the issuance of the first the national collection in the Library of items relating to this children’s classic, in- bimetallic commemorative coin, and a Congress. cluding play scripts, rare books, photo- postage stamp featuring a color photo- I invite you to learn more about our Bicen- graphs, costumes, drawings, film clips, dolls, graph of the interior dome and several tennial, and I encourage you to participate games and toys. A pair of the ruby slippers of the arched windows in the Jefferson in the programs and activities marking our (size 5B) worn by Judy Garland in the 1939 building. At noon there will be a birth- 200th birthday. As you reflect on our nation’s film will be displayed, along with the scare- accomplishments as we near the end of the crow costume worn by Ray Bolger, the mane day party and concert outside on the century, you may recall the Jeffersonian and beard worn by Bert Lahr as the Cow- East Lawn of the Capitol. principle upon which the Library of Congress ardly Lion, a full Munchkin costume and an I ask unanimous consent that the fol- was built—that free access to information Emerald City townsman’s coat. lowing message from the Librarian of and knowledge is one of the cornerstones of Curators will provide press tours of the Congress, and press announcements of democracy. two exhibitions. the exhibits and events associated with JAMES H. BILLINGTON, Celebration, All day, Monday, April 24, Thomas the Bicentennial of the Library be The Librarian of Congress. Jefferson Building printed in the RECORD. 9:30 a.m.–10:30 a.m.—Great Hall: First day BICENTENNIAL CELEBRATION ANNOUNCED There being no objection, the mate- of issue stamp and coin ceremonies. Stamps LIBRARY OF CONGRESS TO OFFER NEW WEB SITE, and coins on sale. rial was ordered to be printed in the STAMP, COINS, EXHIBITS AND CONCERT 11 a.m.–11:45 a.m.—Visitors’ Center: Press RECORD, as follows: General Colin Powell, Katharine Graham, Preview. Launch of americaslibrary.gov, a LIBRARY OF CONGRESS BICENTENNIAL CELE- Isaac Stern, William Styron, David new entertaining Web site for children and BRATION—A MESSAGE FROM THE LIBRARIAN Copperfield, John Kenneth Galbraith, Jeanne their families. New public service adver- OF CONGRESS, MARCH 2000 Kirkpatrick, Maurice Sendak, Bobby Short, tising campaign unveiled for television, The Library of Congress—America’s na- and Big Bird are among those who will be radio and Web. tional library and oldest federal cultural in- honored as ‘‘Living Legends’’ during a day- Noon–2 p.m.—Jefferson Building grounds: stitution—will celebrate its Bicentennial in long National Bicentennial Birthday Party Free performances and concert honoring the year 2000. We want to make our 200th and Concert celebrating the 200th anniver- American Voice and Song, featuring: birthday a national celebration of the impor- sary of the founding of the Library of Con- The Saturday Night live Band tant role that libraries play in our demo- gress on Monday, April 24, beginning at 9:30 Kevin Locke and Reuben Fasthorse cratic society. Our goal is to inspire cre- a.m. The Library of Congress is America’s Ralph Stanley and The Clinch Mountain ativity in the century ahead by stimulating oldest federal cultural institution and the Boys greater use of the Library of Congress and li- largest library in the world. Dianne Reeves braries across the country. Other events on April 24 include: Mickey Hart and Bob Weir The centerpiece of this effort is an unprec- First-day ceremonies for a new Library of Kan Kouran Dancers edented project called ‘‘Local Legacies,’’ an Congress postage stamp and commemo- Pete Seeger and Tao Rodriguez attempt to celebrate and share with the na- rative coins Kathy Mattea tion the grassroots creativity of every part Launch of a new Web site for young people Tito Puente of America. The Library of Congress will ask and their families Giovanni Hidalgo each Member of Congress to lead an effort to Unveiling of a national public service adver- The Army Blues find or create documentation for at least one tising campaign in partnership with the 12:30 p.m.—Photo op, Main stage outside of significant cultural event or tradition that Ad Council the Thomas Jefferson Building: Librarian of has been important to or representative of Free performances and concert celebrating Congress James Billington will be joined by your district or state as we reach the end of American music, history and culture and ‘‘Living Legends’’ and Big Bird and Maria of this century. Selections from each docu- recognizing the contribution of the ‘‘Liv- ‘‘Sesame Street’’ in blowing out the candles mentation project will be forwarded to the ing Legends’’ on a large birthday cake in the shape of the Library and added to the rich collections of Opening of a major exhibition on Thomas Thomas Jefferson Building. our American Folklife Center’s Archive of Jefferson and another on ‘‘The Wizard of 6:30 p.m.—Great Hall: Remarks by David Folk Culture to provide a rich cross section Oz’’ McCullough and Librarian of Congress James of the grassroots creativity of America that Key press dates prior to April are: H. Billington and opening reception for will be preserved and shared with future gen- ‘‘Thomas Jefferson’’ exhibition. By invita- Press Briefing, 10 a.m., Friday, April 14, Na- erations. tion only; open to press to cover. tional Press Club, 529 14th Street NW We also plan to digitize selections and share them electronically, free of charge Bicentennial press briefing with Librarian LIBRARY OF CONGRESS CELEBRATES BICENTEN- over the Internet, through our National Dig- of Congress James H. Billington on the Li- NIAL WITH MAJOR EXHIBITION ON THOMAS ital Library Program. All participants and brary’s efforts to address the digital divide. JEFFERSON each Member of Congress will be credited He will also announce the final details of the JEFFERSON’S LIBRARY REASSEMBLED FOR FIRST with helping locate a distinctive contribu- April 24 celebration, the new books just pub- TIME SINCE 1815 tion from his or her district or state. This is lished on the Library of Congress, and the The keystone for the Bicentennial celebra- an especially exciting and historic initiative full list of the ‘‘Living Legends’’ whose cre- tions of the Library of Congress is an exhi- because we hope to receive and celebrate the ativity the Library is honoring in its Bicen- bition about the Library’s very own ‘‘found- widest possible range of contributions, in- tennial year. ing father,’’ Thomas Jefferson, whose per- cluding video, sound, print, manuscript and Exhibits Preview and Light Lunch, 11 a.m.–1:30 sonal library of 6,487 books was the seed from electronic formats. p.m., Thursday, April 20, LJ 119, Thomas which the nation’s library grew. Congress Several other bicentennial activities em- Jefferson Building purchased Jefferson’s library after its own brace the broadest participation of all Amer- Members of the press are invited to pre- collections, housed in the U.S. Capitol, were icans and encourage an understanding of the view two new exhibitions created for the Li- burned by the British in 1814. creative roles that libraries play in modern brary’s Bicentennial: ‘‘Thomas Jefferson’’ That library—the original volumes that society and in social scholarly discourse. In- and ‘‘The Wizard of Oz: An American Fairy came to Washington in carts from Monti- cluded among them are symposia such as Tale.’’ cello—will be a major feature of the ‘‘Thom- ‘‘Frontiers of the Mind in the 21st Century,’’ The Jefferson exhibition includes the disas Jefferson’’ exhibition. Because of an 1851 which brought together distinguished schol- play of Jefferson’s library. It marks the first fire in the Library, many of those original ars who examined the exciting horizons for time since 1815 that the public will be able to books had been lost. Spurred by a very gen- knowledge in the century ahead in a sympo- view Jefferson’s library, the seed from which erous donation of Jerry and Gene Jones, as a

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2717 Bicentennial ‘‘Gift to the Nation,’’ the Li- son wrote to the mayor of the city of Wash- The influence of Jefferson’s republican brary has been reassembling copies of the ington just 10 days before he died, espousing ideas were felt far beyond America, espe- same editions of the works that Jefferson his vision of the Declaration of Independence cially in France, his first experience on the held. The reconstituted Jefferson’s library and the American nation as signals of the world stage beyond America. He became an should be more than 90 percent complete by blessings of self-government to an ever- ardent supporter of the French revolution April 24. evolving world. and often consulted with Lafayette during The display of Jefferson’s library as part of ‘‘Life and Labor at Monticello’’ examines the drafting of the French Declaration of the this exhibition will be the first time ever how Jefferson’s family, his era, education, Rights of Man. In a July 9, 1789, letter to Jef- that the public will be able to view Jeffer- role as plantation master and slaveholder, ferson, Lafayette asked him for his ‘‘observa- son’s library. It is also the first time that and his love and use of books influenced his tions’’ on ‘‘my bill of rights’’ before pre- the volumes have been assembled in one character and the formation of his ideas on senting it to the National Assembly. On view place in the original order that Jefferson individual and institutional rights and lim- in the exhibition is a manuscript copy of the himself devised since the collection came to its. Items include: French Declaration written in a clerical Washington in 1815. Visitors to the exhi- Thomas Jefferson’s Memorandum Book, hand, with emendations in the hand of bition will be able to tell which volumes 1773, where he kept detailed records on his Thomas Jefferson. Also in the exhibition is were owned by Jefferson and sold to Con- expenditures including the purchase of the 1789 passport that Thomas Jefferson used gress in 1815, which were recently identified slaves; upon his return from France, signed by King and pulled from the Library’s general collec- Plantation account books kept by Jeffer- Louis XVI. tions, which have been recently purchased, son’s wife and then his granddaughter, re- The exhibition concludes with ‘‘Epitaph: and which are still missing. cording purchases made from Monticello Take Care of Me,’’ which reviews Jefferson’s slaves, especially the Hemings family, for ‘‘Thomas Jefferson’’ will be on view in the own evaluation of the meaning of his life and vegetables and fowl from the slave families’ Northwest Gallery and Pavilion of the his thoughts about how he would be viewed Thomas Jefferson Building, 10 First Street own flocks and gardens; The 1873 memoir by Madison Hemings pub- by history. Key items here are: A sketch and S.E., from April 24 through October 31. Hours wording for Jefferson’s tombstone, in his for the exhibition are 10 a.m. to 5 p.m. Mon- lished in the Pike County (Ohio) Republican, who testified that his mother, Sally own hand; A letter explaining his position on day–Saturday. slavery, written just six weeks before his Items from the exhibition are available on Hemings, gave birth to five children ‘‘and death; A letter to Jefferson from his grand- the Library’s Web site at www.loc.gov, and Jefferson was the father of them all.’’ Histor- daughter, Ellen Randolph Coolidge, despair- by April 24 the Library’s entire collection of ical evidence, both circumstantial and di- ing of the ‘‘canker of slavery’’ that oppresses Jefferson Papers (more than 25,000 items) rect, documentary and oral, along with DNA the Southern states; and A newspaper ac- will be accessible on-line. testing in 1998, substantiates Hemings’ asser- count of the sale of Jefferson’s slaves by his Thomas Jefferson—founding father, farm- tion; heirs in order to pay off estate debts. er, architect, inventor, slaveholder, book Letters Jefferson exchanged in 1791 with A volume accompanying the exhibition, collector, scholar, diplomat and third presi- Benjamin Banneker, a free black living in Thomas Jefferson: Genius of Liberty, in- dent of the United States—was a complex Maryland, in which Jefferson praised cludes an introduction by Garry Wills and figure who contributed immeasurably to the Banneker’s mathematical accomplishment essays by Jefferson scholars Pauline Maier, creation of the new republicanism in Amer- (‘‘no body wishes more than I do to see such Charles A. Miller, Annette Gordon-Reed, ica. Wherever Anglo-American culture has proofs as you exhibit, that nature has given Peter S. Onuf and Joseph J. Ellis. Published shaped political and intellectual develop- to our black brethren, talents equal to those by Viking Studio, the hardcover volume is ments, Jefferson is almost inevitably part of of the other colors of men * * *’’) as well as highly illustrated with mostly color images the mix. Drawing on the extraordinary writ- with Abbe´ Henri Gregoire in 1809 trying to and sells for $35. It is available in major ten legacy of Thomas Jefferson that is held explain why he asserted the inferiority of Af- bookstores and from the Library’s Sales in the Library’s collections, the exhibition rican Americans in his Notes on the State of Shops; order with major credit card by call- traces Jefferson’s development from his ear- Virginia published in 1785; and Letter written by Thomas Jefferson to ing (202) 707–0204. liest days in Virginia to an ever-expanding John Adams in 1815 in which he says, ‘‘I can- realm of influence in republican Virginia, not live without books, but fewer will suffice COMMEMORATIVE COINS AND STAMP ISSUES the American Revolutionary government, where amusement, and not use, is the only FOR THE NATION the creation of the American nation, the rev- future object.’’ olution in individual rights in America and The Bicentennial of the Library of Con- The exhibition continues by demonstrating gress presents a unique opportunity for com- the world, the revolution in France, and the the expanding influence of Jefferson on burgeoning republican revolutionary move- memorative items. Commemorative coins American life and his interest in creating a and a commemorative stamp for the Li- ment throughout the world. Items borrowed culture based on republican principles—first brary’s Bicentennial will be issued on April from other institutions contribute to the ex- in his own state of Virginia, then on the fed- 24, the Library’s 200th birthday. hibition’s attempt to offer viewers a fully eral scene with his drafting of the Declara- The Citizens Commemorative Coin Advi- rounded portrait of the nation’s third presi- tion of Independence and his election to the sory Committee recommended enactment of dent. presidency in 1800. On view are: legislation to mint a commemorative coin to The exhibition focuses on the complexities One of the nation’s greatest treasures—Jef- and contradictions of Thomas Jefferson, the ferson’s ‘‘original Rough draught’’ of the honor the Library of Congress’s Bicenten- man, the myth, the model. He was simulta- Declaration of Independence. The ‘‘Rough nial. As one of only two commemorative neously an unquenchable idealist and a draught’’ is the final draft presented by Jef- coins to be issued in 2000, this is an extraor- third-headed realist. He deplored inequality ferson to his fellow committee members and dinary honor for the Library. The Library’s among men, but owned slaves, supported ser- indicates changes made by John Adams and coin will be the nation’s first bimetallic coin vitude, and relegated women to a secondary Benjamin Franklin; (gold and platinum) and the first commemo- role. He supported freedom of the press until Fragment of the earliest known draft of rative with the new millennium date. his own foibles and politics became the the Declaration of Independence in Jeffer- The minting of commemorative coins re- focus. He was a firm believer in the separa- son’s hand; quires passage of legislation by both cham- tion of church and state, but he was often ac- An 1806 document in President Jefferson’s bers of the U.S. Congress. The coin bill (H.R. cused of being anti-Christian. He expounded hand calling upon Congress to end the prac- 3790) was passed by the House of Representa- the virtues of public education, ensured that tice of importing slaves as soon as permitted tives on August 4, 1998, and by the Senate on his own daughters were well educated, and by the U.S. Constitution in 1808; and October 6. President Clinton signed the bill founded a public university at Charlottes- Notes on the State of Virginia, 1785, the into law as P.L. 105–268 on October 19, 1998. ville, but he assumed that access to higher only book ever published by Thomas Jeffer- The design of the commemorative coins by education would be strictly limited. His life son. sculptors and engravers at the Philadelphia embodies the public and private struggles of ‘‘The West’’ explores Thomas Jefferson’s Mint is under way. life in a democratic republic. persistent fascination with the vast part of The Citizens’ Stamp Advisory Committee, Some 150 items in the eight sections will the continent that lay beyond Virginia—an a group of independent citizens appointed by illustrate and provide a context for the life area he never saw—and his conviction that the Postmaster General to review the more and character of Thomas Jefferson. The final the new nation had to expand westward in than 40,000 suggestions for stamp subjects re- and ninth section will be the reassembled order to survive. A highlight is Jefferson’s ceived by the U.S. Postal Service annually, ‘‘Jefferson Library.’’ Visitors to the exhi- instructions to the explorers Meriwether recommended a commemorative stamp for bition will see such items as the only sur- Lewis and William Clark before they set out issuance in honor of the Library’s birthday. viving fragment of the earliest known draft to map and explore the Western territories Ethel Kessler, the designer of the breast can- of the Declaration of Independence as well as with their Corps of Discovery in 1803. Visi- cer stamp, designed the Library’s Bicenten- the desk on which he composed the Declara- tors can also see a Nicholas King manuscript nial commemorative stamp, which features a tion; Martha Jefferson’s thread case; Jeffer- map documenting the Lewis and Clark expe- photograph by Michael Freeman of the inte- son’s instructions to Lewis and Clark; polit- dition that is annotated by Lewis with infor- rior dome and several of the arched windows ical cartoons of the day lampooning Jeffer- mation from fur traders and Native Ameri- in the main Reading Room in the 1897 Thom- son; and the last letter that Thomas Jeffer- cans. as Jefferson Building.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2718 CONGRESSIONAL RECORD — SENATE April 13, 2000 The stamp will be issued on April 24, 2000, teaching of poetry in schools nationwide. needs of the United States Congress. During during a ceremony to be held in the Jeffer- Collaborating with Mr. Pinsky are the New the past two centuries the collections have son Building in Washington. From April 25 England Foundation for the Arts, which ad- evolved into the largest repository of knowl- through May 31, state and local libraries ministers the program, the Library of Con- edge in the world and are accessible to all across the country will hold issuance cere- gress, which is the home of the Poet Lau- Americans. The Library maintains a collec- monies to celebrate the Library’s birthday reate, and Boston University. tion of nearly 119 million books, maps, and to applaud the important role of librar- The Project aims to record up to 1,000 manuscripts, photographs, motion pictures, ies throughout the United States. Americans saying poems that they love. Mr. sound recordings and digital materials in How You Can Participate: If your library Pinsky will deliver the first 50 audio and some 460 languages. or other institution would like to sponsor a video segments to the Library of Congress as ‘‘In America’s Library, James Conaway in- second-day-issue event, contact Kathy part of a Library-sponsored poetry sympo- vites you to learn the story of this great and Woodrell in the Bicentennial Program Office sium scheduled for April 3–4, 2000. The audio complex institution, during its two centuries at (800) 707–7145 or [email protected]. and video tapes will become a permanent of development, as the men and women with- part of the Library’s Archive of Recorded Po- in its walls collect, preserve, and make use- THE LOCAL LEGACIES etry and Literature. ‘‘This will be a gift to ful the heritage it holds,’’ said Librarian of The Local Legacies project is an oppor- the nation’s future: an archive that may Congress James H. Billington. ‘‘Its collec- tunity for citizens to participate in the Li- come to represent, in a form both individual tions represent and celebrate the many and brary of Congress’s Bicentennial Program. and public, the collective cultural conscious- varied ways that one generation has in- Working through their U.S. senator or rep- ness of the American people at the turn of formed another.’’ resentative and with hometown libraries, the century,’’ said Mr. Pinsky, a professor of This lively account of the Library of Con- folklife organizations and other local cul- English and creative writing at Boston Uni- gress is filled with an immense cast of char- tural institutions, Americans everywhere versity. acters ranging from presidents, poets, jour- have been participating in an unprecedented For information on the Favorite Poem nalists, and members of Congress to collec- effort to document the cultural heritage of Project, visit the Project’s Web site at tors, artists, curators, and eccentrics. The communities throughout the nation. www.bu.edu/favoritepoem/. author focuses the Library’s 200 year history What is a local legacy? on the 13 men who have been appointed by NEW RADIO SERIES TO AIR FOR LIBRARY OF It is a traditional activity or event that presidents to lead the Library of Congress. CONGRESS BICENTENNIAL merits being documented for future genera- He investigates how the Librarians’ experi- tions. A Local Legacy might include the ‘‘Favorite Poets.’’ a series of four one-hour ences and contributions, as well as the Li- music, crafts or food customs that represent programs of American poets interviewed by brary’s collections, have reflected political traditional life. Examples of defining or sig- Grace Cavalieri, will air on public radio dur- and intellectual developments in the United nature events include a rodeo, powwow, auc- ing National Poetry Month, April 2000, In States. Each Librarian confronted great tion, market-day celebration, parade, proces- Washington, D.C., the series will be heard on challenges: the entire Library collection was sion or festival. Local Legacies might also WPFW–FM on Sundays at 9 p.m. on April 16 lost when the British burned the Capitol in include the artistry of individuals per- and 23. (Check listings for local dates and 1814, and rebuilt a year later with Thomas forming traditional music or dance, or work- times.) Jefferson’s personal library; in the 1940s, a ing at crafts or trades. From zydeco music to Guests on the series are U.S. Poet Lau- backlog of 1.5 million objects waited to be decoy carving, rodeos to dogsled races, pa- reate Robert Pinsky, former Poet Laureate cataloged; the gigantic task of replacing the rades to food festivals, the Local Legacies Rita Dove, and Pulitzer Prize winners Louise card catalog with a computerized system was ¨ project is reaching into every corner of the Gluck and W.S. Merwin. The poets, recorded undertaken in the 1980s. In the 1990s, the cur- nation to document America’s folk heritage. at the Library of Congress, honor the Li- rent Librarian, Dr. Billington, has expanded More than 1,000 Local Legacies projects, brary’s Bicentennial celebration on April 24, the reach of the institution nationwide which were selected by members of Congress as well as National Poetry Month. through the National Digital Library Pro- Each program presents the poets reading in every state and the District of Columbia, gram (www.loc.gov). The Library’s widely their work, a discussion of the writing proc- celebrate the nation’s diversity as a source acclaimed Web site is one of the most heav- ess, and a portrait of the poet through con- of its strength and vitality. As a whole, the ily used in the federal government. versation and interview, with an enter- projects will serve as a snapshot of everyday Yet each Librarian also enjoyed the excite- taining look at the personal and poetic lives life in America at the turn of the 21st cen- ment of acquiring unique treasures—from of each of these literary figures. The poetry tury and will be preserved in the Library’s Walt Whitman’s walking stick to the papers archives at the Library are among the larg- Folklife Center and made available for study of the Wright brothers, from the Civil War est and most comprehensive in the world. photographs of Mathew Brady to the ar- by others. Grace Cavalieri, host of the series, is a fa- chives of Leonard Bernstein. The thrill of On May 23, the Library of Congress will miliar voice on public radio, having pre- using these collections in the Library’s celebrate these cultural and historical con- sented more than 2,000 poets through her Thomas Jefferson building is conveyed in the tributions to the Bicentennial with partici- program ‘‘The Poet and the Poem’’ on book’s introduction, ‘‘One Writer’s Library,’’ pants and their Congressional representa- WPFW–FM from 1977 to 1997. She has had 11 by biographer Edmund Morris: tives. Selections from the Local Legacies books of poetry published, and a number of ‘‘Those lights, those glowing rectangles projects will be digitized and shared elec- her plays have been produced throughout the and portholes, are windows into the central tronically over the Internet at www.loc.gov, country and Off-Broadway. She has received repository of our nation’s cultural intel- where Americans for generations to come the Allen Ginsberg Award for Poetry, the ligence: a cerebellum, a sanctum of free will be able to learn about their cultural her- Pen Syndicated Prize for Fiction, and the thought forever energized by the spirit of itage. Silver Medal from the Corporation for Public Thomas Jefferson.’’ Broadcasting for ‘‘entertainment and inno- Conaway is the author of eight books, in- A NEW COLLECTION OF AMERICA’S FAVORITE vation in radio.’’ cluding The Smithsonian: 150 Years of Ad- POEMS ‘‘Favorite Poets’’ will be distributed na- venture, Discovery and Wonder, copublished Poet Laureate of the United States Robert tionally via NPR satellite, Interested lis- by Smithsonian Books and Alfred A. Knopf Pinsky launched the Favorite Poem Project teners should contact their local public radio in connection with the Smithsonian’s 150th with poetry readings in New York, Wash- stations for times and dates of airing. The anniversary celebration in 1996. He is the ington, Boston, St. Louis and Los Angeles in program is a Bicentennial project of the Li- former Washington editor of Harper’s and April 1998, during National Poetry Month. A brary of Congress with funding provided by has written for many publications: Civiliza- part of the Library of Congress Bicentennial the Madison Council, the Library’s private tion, The Atlantic Monthly, The New York celebration, the Project has created audio sector advisory group. and video archives of Americans of all ages, For more information on the 200th birth- Times Magazine, National Geographic, and backgrounds and walks of life reciting their day celebrations of the Library of Congress, Preservation. favorite poems. At the heart of this initia- call (202) 707–2000 or visit the Library’s Web America’s Library—a 256-page, hardbound tive is Mr. Pinsky’s belief that poetry is site at www.loc.gov. book—is available for $39.95 in major book- meant to be read aloud. stores and from the Library of Congress ‘‘The archives will be a record at the end of NEW BOOK CELEBRATES 200-YEAR HISTORY OF Sales Shops (Credit card orders: 202–707–0204). the millennium of what we choose and what THE LIBRARY OF CONGRESS we do with our voices and faces, when asked America’s Library: The Story of the Li- THE WIZARD OF OZISSALUTED IN LIBRARY OF to say aloud a poem that we love,’’ said Mr. brary of Congress, 1800–2000 by James Con- CONGRESS BICENTENNIAL EXHIBITION Pinsky, appointed Poet Laureate in 1997 by away will be published in April by the Li- The ‘‘yellow brick road’’ leads to the Li- Librarian of Congress James H. Billington. brary of Congress in cooperation with Yale brary of Congress on April 21 with the open- Mr. Pinsky is serving an unprecedented third University Press. The publication is one of ing of an exhibition marking the 100th anni- term as Poet Laureate. several planned to celebrate the Library’s versary of one of America’s most beloved The two long-term goals of the Favorite Bicentennial on April 24, 2000. stories, The Wonderful Wizard of Oz. The Li- Poem Project are to promote the reading and The Library was founded in 1800 with the brary’s Copyright Office registered this work appreciation of poetry and encourage the primary mission of serving the research by L. Frank Baum in 1900, and it has gone on

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2719

to become one of the most profitable and NEW BOOK FEATURES THE ARCHITECTURE OF Americans. Gifts to the Nation is an oppor- well-known copyright ever issued. THE LIBRARY’S THOMAS JEFFERSON BUILDING tunity to support the acquisition of these Since its publication, the book has outsold The Library of Congress: An Architectural important cultural legacies. all other children’s books in numerous edi- Alphabet will be published in April by the A very special undertaking is the effort to tions. It has also inspired a long series of se- Library of Congress in cooperation with rebuild the original core of the Library— quels, stage plays and musicals, movies and Pomegranate Press. The publication is one of Thomas Jefferson’s vast and diverse personal television shows, biographics of Baum, schol- several planned to celebrate the Library’s collection—which he sold to Congress after arly studies of the significance of the book Bicentennial on April 24, 2000. the British burned the U.S. Capitol, includ- and film, advertisements, toys, games and Across the street from the United States ing the Library of Congress, in 1814. Trag- all sorts of Oz-related products. Capitol in Washington, D.C., stands the first ically, in 1851, nearly two-thirds of Jeffer- of the three Library of Congress buildings. son’s library was destroyed in another Cap- Drawing on the Library’s unparalleled col- The Thomas Jefferson Building, completed itol fire. Jefferson believed that there was lection of books, posters, films, sheet music, in 1897 and named for the president in 1980, is ‘‘no subject to which a member of Congress manuscripts and sound recordings, ‘‘The Wiz- a landmark in the nation’s capital as well as may not have the occasion to refer,’’ and re- ard of Oz: An American Fairy Tale’’ exam- one of the country’s great architectural constructing his wide-ranging collection, the ines the creation of this timeless American treasures. scope of which is reflected in the current Li- classic and traces its rapid and enduring suc- ‘‘At the heart of all our efforts stands the brary of Congress holdings, will provide new cess and its impact on American popular cul- Jefferson Building, a heroic structure that is insights into the mind of one of our nation’s ture. It can be seen in the South Gallery of at once celebratory, inspirational, and edu- greatest thinkers and reinforce the Jeffer- the Great Hall of the Thomas Jefferson cational,’’ said Librarian of Congress James sonian principle upon which the Library of Building from April 21 through September 23. H. Billington. ‘‘Few places represent human Congress was built—that free access of infor- Hours for the exhibition are 10 a.m. to 5:30 aspiration in such dramatic fashion.’’ mation and knowledge is one of the corner- p.m. Monday-Saturday. The Library of Congress: An Architectural stones of democracy. Approximately 100 items in a variety of Alphabet opens doors into many of the ex- To enhance the research opportunities at formats will be on view from the Library’s traordinary spaces and features that rest the Library, the Bicentennial celebration collections, including play scripts, rare within the 600,000 square feet enclosed by the also includes giving opportunities for En- books, photographs, posters, drawings, building’s historic walls. The book offers an dowed Chairs, Endowed Curatorships and Na- manuscripts, maps, sheet music and film, as illustrated tour of the Library’s art, archi- tional Focal Points of Scholarship. Support well as three-dimensional objects such as tecture, and sculpture, created by some 50 of these programs will ensure that experts figurines, dolls, games and toys. The Library artists and artisans. From A (for arch) to Z from diverse fields of study use and write will supplement its own large holdings with (for zigzag), it explores the Jefferson Build- about the Library’s collections as well as items borrowed from other museums, librar- ing’s unusual architectural details—egg-and- provide advice on collection policies for fu- ies and private collectors. dart molding, helixes, jambs, pilasters, ture acquisitions. Of particular interest to visitors of the ex- quoins, spandrels, tripods, vaults, and even How You Can Participate: If you would hibition will be items related to the classic an X-motif printer’s mark. Illustrations and like to support Gifts to the Nation, contact 1939 film ‘‘The Wizard of Oz,’’ including a descriptions are joined by a colorful alphabet Winston Tabb, Associate Librarian for Li- pair of the ruby slippers (size 5B) worn by drawn from the Library’s collection of rare brary Services, at (202) 707–6240 Judy Garland as Dorothy; the sacrecrow cos- books and manuscripts. ([email protected]), or Norma Baker, Director of tume worn by Ray Bolger; the mane and the Development Office, at (202) 707–2777. Visitors must allot many hours to see all beard worn by Bert Lahr as the Cowardly f Lion; a Munchkin costume; and an Emerald of this landmark’s 409,000 cubic feet of gran- City townsman’s coat. These are supple- ite, 22 million red bricks, 500,000 enameled ADDITIONAL STATEMENTS mented with publicity shots and photographs bricks, 2,165 windows, 15 varieties of marble, taken on the set of the film, related sheet untold numbers of classical columns, and music, recordings, magazine advertisements, millions of items. Compact in a 9-by-9-inch HONORING GEORGIA’S VIETNAM posters and lobby cards, from the Library’s format, the Architectural Alphabet is a won- VETERANS own collections. Clips from other Oz films— derful place to start. from early silents to ‘‘The Wiz’’—will be The Library of Congress: An Architectural ∑ Mr. COVERDELL. Mr. President, as shown on a video kiosk. Alphabet—a 64-page, hardbound book, with we approach the 25th Anniversary of 29 color photographs—will be available for L. Frank Baum’s ability to make fantastic the end of the Vietnam War, I rise $17.95 in major bookstores and from the Li- today to pay tribute to those in my circumstances seem plausble, combined with brary of Congress Sales Shops (Credit card illustrator W.W. Denslow’s striking color orders: 202–707–0204). home state who answered the call of plates and line drawings, produced a volume duty and were part of this great con- GIFTS TO THE NATION that was innovative both in style and presen- flict. NATIONAL COLLECTIONS, ENDOWED CHAIRS, EN- tation. The first edition of the book, along The Vietnam War took place over the DOWED CURATORSHIPS AND NATIONAL FOCAL with the original copyright application course of seventeen years, from the handwritten by Baum, will be on display POINTS OF SCHOLARSHIP along with six of the black-and-white The Library of Congress occupies a unique first formal American involvement in Denslow illustrations for the book. Some of place in American civilization. For nearly 1958 to the fall of the South Viet- Baum’s pre-Oz books will be shown, along 200 years, the Library has collected and pre- namese government in 1975. Perhaps no with a selection of other books set in the served our national cultural heritage. The other conflict in American history pre- ‘‘Land of Oz’’ authored by Baum. collection of nearly 119 million items housed sented greater challenges to those who Children especially will be fascinated with in the Library represents America’s ‘‘cre- fought. A forbidding climate, combined the selection of Oz-related souvenirs and ative legacy,’’ and ranges from books, maps with a tenacious opponent and at- novelties including plates, figurines, games, and manuscripts to photographs, motion pic- tempts by some back home to under- tures and music. Copyright deposits have greeting cards, Christmas ornaments, music mine our effort, conspired to present boxes, paper dolls and coloring books. been a major source for the Library’s collections, yet the Library has also received a sig- our troops with near-impossible chal- For nearly 130 years, the Copyright Office nificant portion of its unparalleled collec- lenges. in the Library of Congress has served as tions as special gifts from donors, collectors My home state has a fine military America’s ‘‘national registry for creative and Americans who aspire to preserve our tradition forged over the last 225 years. works.’’ The 1870 law that centralized the national heritage for generations to come. copyright function in the Library of Con- This legacy was upheld with honor Without the generosity of such bene- throughout the Vietnam conflict. All gress—and set up the copyright deposit sys- factors, the Library would not have the dia- tem that systematically brings two copies of ries of Orville and Wilbur Wright, the music told, Georgia sent 228,000 of its finest every item registered for copyright to the of George and Ira Gershwin and Leonard men and women to serve during the Library—helped to create the unequaled na- Bernstein, the outstanding Stern Collection war. 1,584 were killed in action, and tional collections that form the core of to- of Abraham Lincoln materials, the Rosen- 8,534 were wounded. Twenty-one were day’s Library of Congress. wald Collection of rare illustrated books held as prisoners of war, and to this Through the copyright records, one can from as far back as the 15th century, or its day, thirty-nine remain missing in ac- trace the career of Frank Baum, America’s largest manuscript collection—from the tion. Youth from places like Snellville great fantasist, who lived from 1856 to 1919, NAACP. and Americus were thrown into an en- beginning with the 1882 copyright registra- The Library has identified additional mation for Baum’s first theatrical venture, terials that, because of their significance to vironment that was both unknown and Maid of Arran, to the publication of the last American life and learning, belong in the na- very deadly. To say they did their duty book in his Oz series, Glinda of Oz, published tional library, where they will be preserved well and with honor would be an under- in 1920. and made available for future generations of statement.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2720 CONGRESSIONAL RECORD — SENATE April 13, 2000 To honor its Vietnam veterans, my This international fleet will be one of the National Park Service’s portion of state dedicated a three-figure statue on the finest gatherings of tall ships. the Mississippi River National Center Veterans’ Day, 1988. In 1997 the Georgia Among the Sail Boston 2000 fleet are in Minnesota’s new Science Museum. Vietnam Wall was dedicated, listing historic ships such as: Mir of Russia; The exhibit will include information on the names of the 1,584 Georgians who Concordia of Canada; Juan Sebastian De the importance of the Mississippi River died in the war. Elcano of Spain; Pogoria of Poland; and to Minnesota’s array of interests. This Earlier this year the Georgia General the Amerigo Vespucci of Italy. is a partnership between the Park Assembly passed a resolution com- Massachusetts and the historic Bos- Service and the Science Museum that mending Vietnam veterans and their ton Harbor, which offers the perfect will give Minnesotans a greater appre- families for their outstanding service setting for this occasion, will open ciation for all aspects of recreation and to Georgia, America, southeast Asia, itself up to visitors from around the commerce on the Mississippi River. and the world. In addition, the General world, and over six million spectators My home state of Minnesota is home Assembly recognized that these brave are expected to visit us and enjoy the to five units of the National Park Serv- troops did not lose the war, but rather festivities. The history that the Tall ice. They are Voyageurs National that they simply were not allowed to Ships represent belongs to all of us, Park, which on April 8 celebrated its win, and that their duty was just and and it is my hope that visitors from 25th anniversary, Pipestone National honorable. I could not agree more. every state in the nation will take the Monument, Grand Portage National Georgians have long recognized that opportunity to visit Massachusetts and Monument, the Mississippi National freedom is not free and that we must participate in this historic celebra- River and Recreation Area, and the always honor those who were willing to tion.∑ Saint Croix National Riverway. I’ve give their lives for it. As this era in our f urged Minnesotans to visit these sites nation’s history fades ever farther into NATIONAL PARK WEEK during this week and to gain a greater the past, it is our duty to ensure that appreciation for opportunities they ∑ Mr. GRAMS. Mr. President, I come the people of all ages recognize and offer. to the floor today to speak for a few honor those who fought for the freedom Mr. President, our parks remain one minutes about National Park Week and they enjoy today. More so than win- of America’s most important legacies the value of National Parks to our na- ning or losing, the soldiers of the Viet- for future generations and a constant nam war proved through their sweat tion’s citizens. As families and individuals through- reminder of the progress, splendor, and and blood that we are willing to fight triumphs of our past.∑ to defend the freedom we cherish and out our nation know, America’s na- enjoy, no matter what the cir- tional parks are the envy of the world f cumstances. and considered by many to be our na- PROFESSOR ROBERT KERN tional treasures. In our nation’s parks, Mr. President, my state will observe ∑ Mr. BINGAMAN. Mr. President, I rise wildlife flourish, scenic beauty remains the 25th Anniversary of the end of the today to pay tribute to Robert Kern, a abundant, and families escape the pres- Vietnam War on May 5–7, 2000. I en- longtime professor at the University of sures of everyday life. Our parks are courage all Americans to take time New Mexico where he is head of the Eu- truly one of our nation’s best invest- during these dates to honor and re- ropean section of the history departments—an investment that will pro- member those who served in Vietnam ment. With a Ph.D. from the Univer- ∑ vide generations of Americans with the and the name of freedom. sity of Chicago, Dr. Kern’s studies, f same recreational and educational opportunities we now enjoy. teachings, and writings are centered on INVITING THE NATION TO SAIL President Clinton has designated Iberian history, and the history of BOSTON 2000 April 17–23, 2000, as National Park labor in various societies. In nearly 35 ∑ Mr. KERRY. Mr. President, I rise Week. The National Park Service now years of teaching at UNM, he has today to extend an invitation to the estimates that over 285 million Ameri- earned a well-deserved reputation as a nation to join Massachusetts and the cans visit our 378 national parks every thoughtful professor and a distin- City of Boston in celebrating the gath- year. At each site, visitors find them- guished writer. ering of tall ships for Sail Boston 2000. selves confronted with important mo- Believing that teaching is just about The tall ships represent a nautical ments in our nation’s history, wonder- the noblest profession anyone can un- history that stretches across the globe. ful natural scenic sites, and cultural dertake, and coming from a family of The International Sail Training Asso- treasures which remind us of our dis- teachers myself, I admire more than I ciation, jointly with the American Sail tinguished, and sometimes difficult, can say what Professor Kern has done Training Association, is organizing the past. Our parks, in many ways, are a in this career. As a father, I admire Tall Ships 2000 Race. I am proud to say microcosm of our nation and of our- more than I can say the fine job he did that Boston Harbor has been granted selves, and they continue to document raising his sons, one of whom, Josh, the opportunity to be the only official for future generations those qualities worked on my staff for several years. United States Race Port. about America which must be pre- The love, care, and attention Robert Beginning in April 2000, two races served for eternity. Kern gave his boys is reflected in their will start from Southampton and In the 105th Congress, I was proud own lives and I suspect that of all of Genoa, finishing in Cadiz. The second that Congress took a significant step his achievements in a life well-lived, leg will be a transatlantic race to Ber- forward in updating the management they are his pride and joy.∑ muda, and from there, the fleet heads of our Nation’s parks and improving f north to Boston. This journey will rep- visitor services by passing the ‘‘Vision COMMEMORATING THE 20TH ANNI- licate the routes taken by mariners 2020 National Park System Restoration VERSARY OF VIETNAM VET- and explorers over the last five cen- Act,’’ a bill I cosponsored. The Vision ERANS OF AMERICA’S FIRST turies. 2020 Bill, authored by Senator CRAIG CHAPTER IN RUTLAND, On July 11th, 2000, the Tall Ships will THOMAS of Wyoming, is a commonsense VERMONT parade into Boston Harbor, and they approach to improving both the man- will be led by the oldest ship in the agement and facilities of national ∑ Mr. JEFFORDS. Mr. President. Two U.S. Navy; America’s Old Ironsides; the parks by bringing everyone to the table years ago, I stood before you as the U.S.S. Constitution. This national treas- and seeking consensus. The passage of proud sponsor of a resolution com- ure was originally built in Boston be- the Vision 2020 bill was an important memorating the 20th anniversary of tween 1794 and 1797, and was charged first step toward bringing account- the Vietnam Veterans of America with the task of defending a young ability to park management, address- (VVA). Today I am here to honor the American nation. This ship, the oldest ing the tremendous backlog of park 20th anniversary of VVA’s first chap- commissioned warship in the world, set projects, and improving visitor serv- ter—born and raised in my home town to sea in 1798, and in July 1999, the ices. of Rutland, Vermont. U.S.S. Constitution operated under her I was also proud to obtain $2 million Twenty years ago, Vietnam Veterans own sail for the first time in 116 years. in last year’s appropriations bills for were suffering under the wave of anti-

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2721 Vietnam sentiment that had swept the Vermonters will celebrate the official While it goes without saying that nation. Little recognition was given to 30th anniversary of ‘‘Green Up Day’’ parents hold the most important role their sacrifices during the war. And in just as they have for so many years— in this process, they are not the only fact, there was even a great deal of offi- by picking up trash bags and devoting cog in the wheel. Schools, youth orga- cial denial about the extent of the their day to the beautification and nizations, churches, synagogues, tem- price that had been paid by these vet- clean up of our Green Mountain State. ples, civic organizations, even govern- erans, both physical and emotional. It Over the years, one organization, mental organizations, all of these would be years before Post-Traumatic Vermont Green Up, has diligently co- groups have the opportunity to set Stress Disorder would be a recognized ordinated volunteers and spread the positive examples for children, and in condition for many veterans and years ideas of Green Up Day. Vermont Green doing so provide them with a clear-cut before the Federal Government would Up has sponsored annual poster con- example of what is right and what is admit that use of Agent Orange had tests for students, cleaned up several wrong. More than this, though, for left a terrible legacy of continued suf- illegal dumps, and helped other they also have the ability to teach fering for our veterans. The founders of states—and even other countries—or- them how to appropriately fight for the VVA felt that they must have an ganize their own ‘‘Green Up’’ efforts. what is right and against what is organization to speak directly to those In fact, my own daughter, Alicia, wrong. This is positive character devel- needs. The outpouring of enthusiasm thought so much of Vermont Green Up opment, and it is within all of our from the veterans themselves dem- that she served as their Executive Di- grasps. onstrated the depth of these feelings. rector for a few years. Alicia had the Mr. President, good character in an In 1979, during a trip to Vermont, pleasure of serving in that position individual is not automatic, but it is VVA founder Bobby Muller met Don with Bob Stafford on the board. She always attainable. What it requires is Bodette. Don supported the notion of also made sure her father was out pick- hard work by many people. The more an organization of and for Vietnam era ing up trash with her on Green Up Day! positive influences our communities I congratulate Vermont Green Up, veterans, but felt that it would only be are able to have available to children, the financial sponsors supporting truly successful if they mobilized lo- the more children we will see devel- Green Up Day, and the thousands of cally and established chapters. The oping a strong sense of character. Con- Green Up Day volunteers. These are power of Don’s logic and commitment the people who continue to make the tinuing to use basic common sense as a persuaded Bobby Muller to adopt his first Saturday in May an extraordinary guide, I think it is easy to imagine model. On April 13, 1980, VVA Chapter day for Vermont’s environment. The what kind of a positive effect this will One was established in Rutland, fact that we are now celebrating the have on our communities. Vermont. Taking up the challenge, Don 30th anniversary of Green Up Day is a Mr. President, I am truly excited was joined by Jake Jacobsen, Albert testament to these Vermonters about what is happening in Calhoun and Mary Trombley, Mike Dodge, Den- untiring dedication to the environment County April 17–21, 2000. I thank Char- nis Ross and Mark Truhan, to name a of our Green Mountain State.∑ acter Unlimited and the Battle Creek few. Today, April 13, 2000, VVA Chapter Chamber of Commerce for sponsoring One has 120 members hailing from 19 f Character Education Awareness Week. states and 3 other countries. CALHOUN COUNTY CELEBRATES Also, I would like to recognize Mr. Erv I would like to add my voice to the CHARACTER EDUCATION AWARE- Brinker, Chairman of Character Unlim- multitudes both in and outside of NESS WEEK ited, and Ms. Pat Maliszewski, Pro- Vermont who are celebrating this aus- ∑ Mr. ABRAHAM. Mr. President, I rise gram Director, whose hard work have picious anniversary. I join in recog- today to recognize a very special event been essential in making this event nizing the tremendous work done by taking place next week in the State of possible. On behalf of the entire United the VVA, both in Vermont and nation- Michigan. The city of Battle Creek and States Senate, I hope that Character ally. As a Vietnam era veteran myself, the greater Calhoun County are offi- Education Awareness Week is a huge we all owe a debt of gratitude to VVA cially recognizing April 17–21, 2000, as success.∑ Chapter One’s farsighted founders and Character Education Awareness Week. f the committed members who have fol- Character Unlimited, a group which lowed their lead. Happy 20th Birthday, works to raise awareness of the impor- CELEBRATION OF CHOL CHNAM, Chapter One! May you have many tance of good character and to train CAMBODIAN NEW YEAR more! ∑ others to integrate character develop- ∑ Mr. REED. Mr. President, I rise f ment in their organizations and areas of influence, and the Battle Creek today to join Cambodian-Americans in THE 30TH ANNIVERSARY OF celebration of the Cambodian New GREEN UP DAY Chamber of Commerce are cosponsors of the event. Year, Chol Chnam, one of the major ∑ Mr. LEAHY. Mr. President, nearly 30 Four goals have been set for the celebrations of the Cambodian culture. years ago, my predecessor, the late week: first, to inform the public about Over the next three days there will be Senator George D. Aiken, rose to re- character education initiatives gatherings across the United States to port to the Senate on a new Vermont throughout Calhoun County; second, to celebrate the beginning of the Year of initiative called ‘‘Green Up Day.’’ He raise awareness and interest in the im- the Dragon. I take this opportunity to described an effort, then in its second portance of mentoring and role mod- wish all of these people a very happy year, in which thousands of Vermont eling; third, to address youth about the New Year. citizen volunteers of all ages combed importance of character based decision The Cambodian New Year represents the streets, highways, back roads, and making and non-violent conflict reso- more than just a renewal of the cal- village greens to pick up litter and lution; and, finally, to raise commu- endar and traditional end of the har- beautify their state. nity awareness of Character Unlimited vest, it is also a celebration of faith. Another distinguished colleague of and the work of the organization. Entry into the New Year, or Maha mine, Senator Robert Stafford, kept Increasingly, the notion of character Sangkrant, is marked by the sounding these same Vermonters’ thoughts in has found a place in the national dia- of a bell. With the sounding, it is be- mind when he courageously led this logue, particularly in this, an election lieved that the New Angel arrives. Senate in the fight to build strong na- year. What is getting lost in the de- Throughout the day people participate tional environmental policies—includ- bate, I feel, is a look at where char- in ceremonies and bring food to the ing Superfund—to protect public acter comes from, how it is developed Buddhist monks and religious leaders. health, air, water, and land. within children and adults alike, and The second day of celebration, or Vana The very first Green Up Day was a the role communities can play in de- Bat, is a time to show consideration for simple initiative born on April 18 of veloping character within their youth. others. Gifts are given to parents, 1970—a few days before the first Earth Good character is not innate, Mr. grandparents and teachers as a show of Day. Today it is an annual Vermont President, it requires conscientious respect and charity is offered to the tradition. On May 6, 2000, thousands of education, effort and role-modeling. less fortunate. The third day, or Loeng

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2722 CONGRESSIONAL RECORD — SENATE April 13, 2000 Sak, includes more religious cere- served as a tutor and my wife Linda outstanding, but also, I am told, has monies and rituals to bring good luck has dedicated her career to teaching in managed to please their teachers on a and happiness to families. public schools. Both of us have always daily basis. In my home state of Rhode Island been strong supporters of public edu- The purpose of the event is to provide there are numerous businesses owned cation. It is with that background that these students with a job-shadowing by Cambodian-American families, most I want to express my support for the experience in the field of their interest. of them in the capital city Providence. work of Dr. Jones and to congratulate For one day, the students work with These establishments contribute much him on his selection for the Wash- local professionals in their chosen to the local economy. ington, DC Hall of Fame. field, providing them with an unforget- The Cambodian New Year is an ap- Thank you, Mr. President.∑ table, and also inspirational, experi- propriate time to remind all Americans f ence. Over the years, the chosen fields why we must support the political and have ranged from medical specialties, RECOGNIZING THE HERMANN economic stabilization of Cambodia. As to creative and performing arts, to MONUMENT the nation continues to recover from business, to technology, and many three decades of civil conflict, includ- ∑ Mr. WELLSTONE. Mr. President, I more. ing the atrocities committed by the come to the Senate floor today to rec- Mr. President, I applaud the fol- Khmer Rouge, it is critical that the ognize the numerous contributions lowing seventeen students for their United States and international com- that millions German-Americans have outstanding efforts, and thank the Au- munity aid the Cambodian people in made to the United States, and intro- burn Hills Chamber of Commerce for their efforts to build a lasting democ- duce a resolution to designate the Her- not only recognizing them, but encour- racy. mann Monument in New Ulm, Min- aging them to continue their enthusi- Therefore, on this day marking the nesota, a national monument. astic approach to education: Jeff Aus- beginning of Chol Chnam, I encourage German-Americans have been an in- tin, Letrice Hudson, Elias Numan, all U.S. citizens to join in the spirit of tegral part of American history, shap- Bryan Phillips, Heather Zygmontowicz, ∑ this special holiday. ing our artistic, cultural, military and Tenealle Tenwolde, Collin Lasko, f political foundations. Friedrich Lyndsay McGarry, Kyle Morrison, COMMENDATION FOR DR. JAMES Muhlenbert, the first Speaker of the Brandon See, Jamiecee Baker, Deitra BROWNFOX JONES, ESQ. House of Representatives, baseball Officer, Ty Bleuenstein, Monique great Babe Ruth, and artist Oscar ∑ Mr. CAMPBELL. Mr. President, I Bramlett, Cristal Moore, Pakou Ly, Hammerstein are just three out of mil- take this opportunity today to call my and Kenneth Venable. On behalf of the lions of German-Americans who have colleagues’ attention to the extraor- entire United States Senate, I con- contributed to the creation of a diverse dinary efforts of Dr. James Brownfox gratulate them on their participation American culture. Today, German- Jones who has made countless con- in the ‘‘Excellence in Education’’ Americans compose nearly 25% of the ∑ tributions to his profession and to the Awards Program. community at large. Recently, Dr. American population, making them the f Jones was selected as an inductee in largest ethnic group in the United States. Despite this vast number of A TRIBUTE TO THE UNIVERSITY the Washington D.C. Hall of Fame in OF MINNESOTA WOMEN’S HOCK- the area of education. Dr. Jones’ selec- German-Americans and the significant impact they have had on all facets of EY TEAM tion to the Hall of Fame is a testament ∑ to his dependable and consistent stand- American life, unfortunately there is Mr. GRAMS. Mr. President, I proudly ard of excellence as an educator and no nationally recognized symbol hon- rise today to pay tribute to the Univer- participant in his community. His ca- oring German-Americans. sity of Minnesota women’s hockey reer reflects his respect and affection The Hermann Monument provides us team on their recent national cham- for the young people who are our fu- with an opportunity as a nation to rec- pionship victory. This is truly an ac- ture leaders. And, his record reflects ognize the contributions of German- complishment of which all Minneso- his predominate concern for the more Americans, past and present. The tans can be proud. vulnerable youth in this city. monument is a unique copper statue of In only its third season, the Golden Dr. Jones has distinguished himself Hermann the Cheruscan, created in Gopher program has become a national in the District of Columbia as an edu- 1889 as a tribute to the struggle and tri- powerhouse. In 1998, the Gopher’s inau- cator and community activist with the umph of German immigrants who came gural year, the team finished fourth in mission of helping young people reach to the United States. The Hermann the nation. Last year, they crept closer their full potential At the Washington monument has become a symbol of to the national title with a third-place School of Psychiatry, Dr. Jones devel- unity and endurance to all American- finish. This season’s 32–6–1 record was oped and operated an experimental Germans. It appropriately stands tall the best in the nation. educational program designed to ad- over New Ulm, Minnesota, a city where Under the leadership of coach Laura dress the educational needs of ‘‘hard nearly 75 percent of the population is Halldorson, the Gopher women de- core’’ juvenile delinquents. And, as a of German heritage. feated instate rival University of Min- public school teacher, he developed a Designating the Hermann Monument nesota-Duluth in the semifinals, 3–2, unique program for special education as a National German American Monu- after being down 2–0. This come-from- students. ment will re-enforce the important behind victory gave the Golden Go- With a distinguished career spanning contributions that millions of German- phers a berth in the American Women’s more than 30 years, Dr. Jones assisted Americans have made to our nation. It College Hockey Alliance National the mayor in initiating a wide range of is with this goal that I introduce this Championship game versus top-seeded innovative programs for the children resolution, and urge my colleagues to Brown University. and youth of the city. These included a support it.∑ The March 25 championship game at mobile recreation wagon, a hot lunch f Boston’s Matthews Arena proved to be program, a neighborhood youth corps, a tough-fought contest. The Gopher EXCELLENCE IN EDUCATION and the building of go-kart tracks on women fell behind by a score of 1–0 in AWARDS PROGRAM lots left vacant by the 1968 riots. the first period, but once again made a Since 1983, Dr. Jones has designed ∑ Mr. ABRAHAM. Mr. President, I rise strong comeback. Led by goalie Erica and operated an Independent Living today to recognize the exceptional Killewald’s 34 stopped shots, in the Go- Program for abused and neglected work of seventeen students who are phers held off Brown for a 4–2 victory. youth in foster care in the District of being honored on April 18, 2000, at the While this incredible season was Columbia. As part of this program, he ‘‘Excellence in Education’’ Awards Pro- clearly the result of phenomenal team- has sent over 250 young people to col- gram. Each year, the Auburn Hills work, there are individual efforts that lege. Chamber of Commerce recognizes a should be recognized. Gopher goalie Education is a top priority for this group of students whose ability and en- Erica Killewald’s spectacular perform- Congress, and for me personally. I have thusiasm have not only proved to be ance earned her the tournament MVP

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2723 honors. Also awarded all-tournament on Women in the Profession announced presidents and Olympic athletes. They honors were Nadine Muzerall, Winny in February the winners of the 2000 have helped to keep children well and Brodt and Courtney Kennedy. Margaret Brent Women Lawyers of have contributed to the fight against As the popularity of women’s hockey Achievement Awards. AIDS. Today, members of the osteo- spreads throughout the nation, Min- Among those worthy recipients was pathic medical profession serve as U.S. nesotans have embraced the sport—and Dovey J. Roundtree, General Counsel Assistant Secretary of Defense for their Golden Gophers. Now the pro- for the National Council of Negro Health Affairs, the chief medical offi- gram is poised to lead the charge to- Women, whom I have been privileged cer for the U.S. Coast Guard, and the wards greater advancements in wom- to know for many years. Surgeon General of the U.S. Army. en’s athletics. I commend the women’s As a former law clerk to Federal Cir- As fully licensed physicians able to dedication and relentless hard work. cuit Judge Prettyman, then as an As- prescribe medication and perform sur- With only one graduating senior on sistant United States Attorney, fol- gery, D.O.s are committed to serving this year’s Gopher squad, I am hopeful lowed by private practice in the great- the health needs of rural and under- for many more national champion- er metropolitan area of Washington, served communities. They make up 15 ships.∑ DC, I came to know and admire the percent of the total physician popu- f professional achievements of Attorney lation in towns of 10,000 or less. In ad- Roundtree. dition, 64 percent of D.O.s practice in WITTMAN FAMILY WINS MILLEN- She is most deserving of this recogni- the primary care areas of medicine, NIUM FARM/RANCH FAMILY tion for her tireless efforts to help oth- fulfilling a need for more primary care AWARD ers. physicians in an era marked by the ∑ Mr. CRAPO. Mr. President, I rise The award Mrs. Roundtree has growth of managed care. Their con- today to bring your attention to the re- earned is named for the first woman tributions have been particularly im- cent accomplishment of the Wittman lawyer in America, Margaret Brent. portant in rural states like Maine. family from my home state of Idaho. She arrived in the Colonies in 1638, and More than 100 million patient visits Today, they will be receiving the Mil- was involved in 124 court cases over the are made each year to D.O.s. D.O.s ap- lennium Farm/Ranch Family Award for course of eight years, winning every proach their patients as ‘‘whole peo- agricultural and forestry stewardship. I case. In 1648, she formally demanded ple.’’ They don’t just treat a specific know you join Idaho and myself in ex- the right to vote in the Maryland As- illness or injury. D.O.s take into ac- tending to the Wittman family con- sembly, but her petition was denied by count home and work environments, as gratulations on this achievement. the Governor. well as lifestyle, when assessing overall The Wittman family has worked These awards were established in 1991 health. This approach provides Ameri- their land near Lapwai, Idaho since the to honor outstanding women lawyers cans with high quality healthcare—pa- early 1920’s. They have used that who have achieved professional excel- tients seen as people, not just an ill- knowledge to give us an on the ground lence in their area of specialty and ness or injury. perspective when we have written farm have actively worked to help other From the state-of-the-art healthcare policy. Most recently, their views women lawyers. facility in a major city to a clinic in a helped shape the reforms made to the Attorney Roundtree and her work rural Maine community, D.O.s con- crop insurance program. have been admired for more than three tinue to practice the kind of medicine Wittman Farms is a fourth-genera- decades. She has been a leading civil that Andrew Taylor Still envisioned tion family farm operation using sound rights lawyer, an Army veteran, an or- over 100 years ago when he founded the conservation and stewardship prac- dained minister and a resident of Spot- profession. tices. In 1988, the family joined forces sylvania. It was my pleasure to meet today with the nearby Valley Boys and Girls She is a founding partner of the with two representatives of the osteo- Clubs to build ‘‘Camp Wittman,’’ a to- Washington, DC, law firm of pathic medical profession visiting our tally solar-powered destination where Roundtree, Knox, Hunter and Parker, Capitol from Maine. The University of students and educators can share in a and she served for 35 years as General New England, College of Osteopathic hands-on environmental experience to Counsel to the National Council of Medicine (UNECOM), in Biddeford, is learn farming practices in the moun- Negro Women and as special consultant the only medical school in my home tain meadow environment of the for legal affairs to the African Meth- state. To the more than 400 osteopathic Palouse. odist Episcopal Church. physicians in Maine, the approximately The Wittman Family has given to Mrs. Roundtree attend Howard Uni- 1,100 graduates of UNECOM, and the our youth, our educators, our local and versity Law School on the GI Bill and 45,000 D.O.s represented by the Amer- national governments, and broken went on to break legal ground in both ican Osteopathic Association—con- ground for more than just the purposes civil and criminal law. Her 1955 bus de- gratulations on your contributions to of next year’s crop. segregation victory before the Inter- the good health of the American peo- In these tough times for farmers, ag- state Commerce Commission, Sarah ple. I look forward to working with you riculture needs leaders who indeed look Keys versus Carolina Coach Company, to further our mutual goal of improv- to the future while learning from the was critically important in the legal ing our nation’s health care.∑ past. I am proud to honor the Wittman battle for civil rights. f family as a Millennium Farm/Ranch She was the first black woman ad- Family Award winners and proud to mitted to the Bar Association of the MR. AND MRS. ROBERT call them fellow Idahoans. District of Columbia and actively re- VANMETER’S 50TH WEDDING AN- It is indeed my pleasure as an Idaho cruited other black women attorneys. NIVERSARY Senator to honor the Wittman family Dovey J. Roundtree is most deserv- ∑ Mr. ABRAHAM. Mr. President, I rise as agriculture pioneers for Idaho—and ing of this award.∑ today in honor of Mr. and Mrs. Robert to thank them for contributing so f VanMeter, who on April 22, 2000, will much to our next millennium in Agri- celebrate their 50th wedding anniver- NATIONAL D.O. DAY culture. I know you and my colleagues sary. The couple was married at a sim- in the Senate join me in offering our ∑ Ms. COLLINS. Mr. President, today, ple ceremony on a Friday evening by a congratulations to the Wittman fam- Thursday, April 13, is National D.O. clergyman named Grover W. Cleveland. ily. Day. I therefore want to take this op- Since that evening, the two have Thank you, Mr. President.∑ portunity to recognize the 45,000 osteo- shared the highs and lows of life to- f pathic physicians (D.O.s) across the gether, lending support and comfort to country for their contributions to the the other whenever there has been TRIBUTE TO DOVEY J. American healthcare system. For more need. ROUNDTREE than a century, D.O.s have made a dif- Mr. Robert VanMeter served in the ∑ Mr. WARNER. Mr. President, the ference in the lives and health of Amer- 82d Airborne in Italy. He loved his job, American Bar Association Commission icans everywhere. They have treated and was particularly fond of taking

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2724 CONGRESSIONAL RECORD — SENATE April 13, 2000 pictures of his jumps. Mrs. JoAnn H.R. 1658. An act to provide a more just to law, the report of a rule entitled ‘‘Revi- VanMeter stayed at home, raising their and uniform procedure for Federal civil for- sion to Implement Economic Development four children. She baked everything feitures, and for other purposes. Reform Act of 1998–Grant Rate Eligibility; from hamburger buns to apple pie. The The enrolled joint resolution bill was Disaster Assistance Based on High Unem- signed subsequently by the President ployment; Final Rule’’; to the Committee on children never knew what ‘‘store- Environment and Public Works. bought’’ bread and pastries were until Pro Tempore (Mr. THURMOND). EC–8472. A communication from the Ad- they were teenagers and Mrs. ministrator of the Environmental Protection VanMeter returned to work. At 1:30 p.m., a message from the Agency, transmitting a draft of proposed leg- Thirty-nine years ago, Mr. VanMeter House of Representatives, delivered by islation amending the Toxic Substances Con- completed the house that the couple Ms. Niland, one of its reading clerks, trol Act; to the Committee on Environment announced that the House has agreed and Public Works. lives in to this day. It took him two EC–8473. A communication from the Office years to build, in part because of his to the report of the committee of conference on the disagreeing votes of the of Regulatory Management and Information, refusal to allow anyone to help him Office of Policy, Planning and Evaluation, with any part of the process, including two Houses on the amendment of the Environmental Protection Agency, transmit- the electrical and plumbing. Senate to the concurrent resolution (H. ting, pursuant to law, the report of a rule en- Mr. and Mrs. VanMeter have five Con. Res. 290) establishing the congres- titled ‘‘Approval and Promulgation of State grandchildren, ages 12–25. As they did sional budget for the United States Air Quality Plans for Designated Facilities their own children, they continue to Government for fiscal year 2001, revis- and Pollutants; Delaware; Control of Emis- ing the congressional budget for the sions from Existing Hospital/Medical/Infec- show a patience and loyalty to them. tious Waste Incinerators’’ (FRL # 6577–7), re- They instill into their grandchildren United States Government for fiscal Year 2000, and setting forth appropriate ceived April 10, 2000; to the Committee on the same principles they passed to Environment and Public Works. their children: hard work, patience, budgetary levels for each of fiscal EC–8474. A communication from the Office and a willingness to try new things. years 2002 through 2005. of Regulatory Management and Information, Mr. President, on this special occa- f Office of Policy, Planning and Evaluation, Environmental Protection Agency, transmit- sion, I congratulate Mr. and Mrs. MEASURE REFERRED VanMeter. On behalf of the entire ting, pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of State United States Senate, I wish them a The following bill was read the first and second time by unanimous con- Plans for Designated Facilities and Pollut- happy 50th wedding anniversary, and ants; Connecticut; Plan for Controlling MWC best of luck in the future.∑ sent, and referred as indicated: Emissions from Existing MWC Plants’’ (FRL H.R. 2328. An act to amend the Federal f # 6577–3), received April 10, 2000; to the Com- Water Pollution Control Act to reauthorize mittee on Environment and Public Works. MESSAGES FROM THE PRESIDENT the Clean Lakes Program; to the Committee EC–8475. A communication from the Office on Environment and Public Works. of Regulatory Management and Information, Messages from the President of the f Office of Policy, Planning and Evaluation, United States were communicated to Environmental Protection Agency, transmit- the Senate by Ms. Evans, one of his MEASURES PLACED ON THE ting, pursuant to law, the report of a rule en- secretaries. CALENDAR titled ‘‘Standards of Performance for New EXECUTIVE MESSAGES REFERRED Stationary Sources (NSPS) and National The following bill was read the sec- Emission Standards for Hazardous Air Pol- As in executive session the Presiding ond time and placed on the calendar: lutants (NESHAP) delegation of Authority Officer laid before the Senate messages H.R. 1838. An act to assist in the enhance- to the States of Iowa; Kansas; Missouri; Ne- from the President of the United ment of the security of Taiwan, and for other braska; Lincoln-Lancaster County, Ne- States submitting sundry nominations purposes. braska; and City of Omaha, Nebraska’’ (FRL which were referred to the appropriate The following bills were read the first # 6577–1), received April 10, 2000; to the Com- committees. and second times, and placed on the mittee on Environment and Public Works. (The nominations received today are EC–8476. A communication from the Ad- calendar: ministrator, Environmental Protection printed at the end of the Senate pro- H.R. 2884. An act to extend energy con- Agency, transmitting a draft of proposed leg- ceedings.) servation programs under the Energy Policy islation amending the Federal Insecticide, f and Conservation Act through fiscal year Fungicide, and Rodenticide Act; to the Com- 2003. mittee on Agriculture, Nutrition, and For- MESSAGE FROM THE HOUSE H.R. 3039. An act to amend the Federal estry. Water Pollution Control Act to assist in the At 12:36 p.m., a message from the EC–8477. A communication from the Sec- restoration of the Chesapeake Bay, and for retary of Transportation, transmitting, pur- House of Representatives, delivered by other purposes. suant to law, the fiscal year 2001 Perform- Ms. Niland, one of its reading clerks, f ance Plan and the fiscal year 1999 Perform- announced that the House has agreed ance Report; to the Committee on Govern- to the following bills, in which it re- ENROLLED JOINT RESOLUTION mental Affairs. quests the concurrence of the Senate: PRESENTED EC–8478. A communication from the Fed- eral Highway Administration, Department of H.R. 2328. An act to amend the Federal The Secretary of the Senate reported Transportation transmitting, pursuant to Water Pollution Control Act to reauthorize that on April 13, 2000, he had presented law, the report of a rule entitled ‘‘Federal the Clean Lakes Program. to the President of the United States, Motor Carrier Safety Regulations; Definition H.R. 2884. An act to extend energy con- of Commercial Motor Vehicle (CMV)1 Re- servation programs under the Energy Policy that the following enrolled joint reso- quirements for Operators of Small Pas- and Conservation Act through fiscal year lution: senger-Carrying CMVs’’ (RIN2126– 2003. S.J. Res. 43. A joint resolution expressing AA51(Formerly RIN2125–AE22)), received H.R. 3039. An act to amend the Federal the sense of Congress that the President of April 10, 2000; to the Committee on Com- Water Pollution Control Act to assist in the the United States should encourage free and merce, Science, and Transportation. restoration of the Chesapeake Bay, and for fair elections and respect for democracy in EC–8479. A communication from the Office other purposes. Peru. of Sustainable Fisheries, National Marine ENROLLED JOINT RESOLUTION AND BILL SIGNED f Fisheries Service, Department of Commerce, At 12:36 p.m., a message from the transmitting, pursuant to law, the report of EXECUTIVE AND OTHER a rule entitled ‘‘Fisheries of the North- House of Representatives, delivered by COMMUNICATIONS Ms. Niland, one of its reading clerks, eastern United States; Atlantic Mackerel, announced that the Speaker has signed The following communications were Squid, and Butterfish Fisheries; 2000 Speci- fications’’ (RIN0648–AM49), received April 10, the following enrolled joint resolution laid before the Senate, together with accompanying papers, reports, and doc- 2000; to the Committee on Commerce, and bill: Science, and Transportation. S.J. Res. 43. A joint resolution expressing uments, which were referred as indi- EC–8480. A communication from the Office the sense of Congress that the President of cated: of Sustainable Fisheries, National Marine the United States should encourage free and EC–8471. A communication from the Eco- Fisheries Service, Department of Commerce, fair elections and respect for democracy in nomic Development Administration, Depart- transmitting, pursuant to law, the report of Peru. ment of Commerce, transmitting, pursuant a rule entitled ‘‘Fisheries of the Exclusive

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2725 Economic Zone Off Alaska—Modification of (RIN2120–AA64) (2000–0190), received April 10, ceeded for the Advanced Threat Infrared a Closure (Opens Pollock Fishing in the West 2000; to the Committee on Commerce, Countermeasure/Common Missile Warning Yakutat District in the Gulf of Alaska)’’, re- Science, and Transportation. System program; to the Committee on ceived April 10, 2000; to the Committee on EC–8490. A communication from the Fed- Armed Services. Commerce, Science, and Transportation. eral Aviation Administration, Department of EC–8500. A communication from the Sec- EC–8481. A communication from the Office Transportation, transmitting, pursuant to retary of Defense, transmitting, pursuant to of Sustainable Fisheries, National Marine law, the report of a rule entitled ‘‘Airworthi- law, a report of the determination of the ne- Fisheries Service, Department of Commerce, ness Directives: Pratt and Whitney PW4000 cessity to order the transportation of chem- transmitting, pursuant to law, the report of Series Turbofan Engines; Docket No. 97– ical warfare material from Washington, DC a rule entitled ‘‘Fisheries of the Exclusive ANE–55 (7–16/4–10)’’ (RIN2120–AA64) (2000– to Pine Bluff Arsenal, AR and Aberdeen Economic Zone Off Alaska; Atka Mackerel 0192), received April 10, 2000; to the Com- Proving Ground, MD; to the Committee on in the Central Aleutian District of the Ber- mittee on Commerce, Science, and Transpor- Armed Services. ing Sea and Aleutian Islands’’, received April tation. EC–8501. A communication from the Acting 10, 2000; to the Committee on Commerce, EC–8491. A communication from the Fed- Secretary of the Navy, transmitting, pursu- Science, and Transportation. eral Aviation Administration, Department of ant to law, the report of an award of a con- EC–8482. A communication from the Fed- Transportation, transmitting, pursuant to tract for depot level repair and maintenance eral Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- availabilities of surface combatants Transportation, transmitting, pursuant to ness Directives: Roinson Helicopter Com- homeported in Everett, WA; to the Com- law, the report of a rule entitled ‘‘Airworthi- pany Model R44 Helicopters; Docket No. 99– mittee on Armed Services. ness Directives: McDonnell Douglas Model SW–08 (4–6/4–10)’’ (RIN2120–AA64) (2000–0186), EC–8502. A communication from the Assist- MD–11 Series Airplanes; Docket No. 2000– received April 10, 2000; to the Committee on ant Secretary of Defense, Health Affairs, NM–86 (4–5/4–10)’’ (RIN2120–AA64) (2000–0188), Commerce, Science, and Transportation. transmitting, pursuant to law, a report enti- received April 10, 2000; to the Committee on EC–8492. A communication from the Office tled ‘‘The DoD Health Care Benefit: How Commerce, Science, and Transportation. of Sustainable Fisheries, National Marine Does It Compare to FEHBP and Other EC–8483. A communication from the Fed- Fisheries Service, Department of Commerce, Plans?’’ and a report entitled ‘‘TRICARE/ eral Aviation Administration, Department of transmitting, pursuant to law, the report of CHAMPUS Behavorial Health Benefit Re- Transportation, transmitting, pursuant to a rule entitled ‘‘Fisheries Off the West Coast view’’; to the Committee on Armed Services. law, the report of a rule entitled ‘‘Airworthi- States and in the Western Pacific; West EC–8503. A communication from the Office ness Directives: McDonnell Douglas Model Coast Salmon Fisheries; Inseason Adjust- of Disaster Assistance, Small Business Ad- MD–11 Series Airplanes; Docket No. 2000– ments from Cape Falcon to Humbug Moun- ministration, transmitting, pursuant to law, NM–86 (4–5/4–10)’’ (RIN2120–AA64) (2000–0188), tain, Oregon’’, received April 12, 2000; to the the report of a rule entitled ‘‘Liquidation of received April 10, 2000; to the Committee on Committee on Commerce, Science, and Collateral, Sale of Disaster Assistance Commerce, Science, and Transportation. Transportation. Loans’’ (RIN3245–AE54), received April 12, EC–8484. A communication from the Fed- EC–8493. A communication from the Fed- 2000; to the Committee on Small Business. eral Aviation Administration, Department of eral Aviation Administration, Department of EC–8504. A communication from the Office Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to of Financial Assistance, Small Business Ad- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Amend- ministration, transmitting, pursuant to law, ness Directives: Boeing Model 757 Series Air- ment to Class E Airspace; Delaware, OH; the report of a rule entitled ‘‘Microloan Loan planes; Docket No. 99–NM–125 (11–26/4–10)’’ Docket No. 99–AGL–37 (9–8–99/4–10–00)’’ Loss Reserve Fund’’ (RIN3245–AE54), received (RIN2120–AA64) (2000–0193), received April 10, (RIN2120–AA66) (2000–0082), received April 10, April 12, 2000; to the Committee on Small 2000; to the Committee on Commerce, 2000; to the Committee on Commerce, Business. Science, and Transportation. Science, and Transportation. EC–8505. A communication from the Regu- EC–8485. A communication from the Fed- EC–8494. A communication from the Fed- lations Policy and Management Staff, Food eral Aviation Administration, Department of eral Aviation Administration, Department of and Drug Administration, Department of Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to Health and Human Services, transmitting, law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Standard pursuant to law, the report of a rule entitled ness Directives: Boeing Model 737–200, ¥200C, Instrument Approach Procedures; Miscella- ‘‘Medical Devices; Information Processing ¥300, and ¥400 Series Airplanes; Docket No. neous Amendments (57); Amdt. No. 1984 (4–6/ Procedures; Obtaining, Submitting, Exe- 99–NM–84 (4–4/4–10)’’ (RIN2120–AA64) (2000– 4–10)’’ (RIN2120–AA65) (2000–0021), received cuting, and Filing of Forms: Change of Ad- 0189), received April 10, 2000; to the Com- April 10, 2000; to the Committee on Com- dress’’ (Docket No. 00N–0784), received April mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. 12, 2000; to the Committee on Health, Edu- tation. EC–8495. A communication from the Fed- cation, Labor, and Pensions. EC–8486. A communication from the Fed- eral Aviation Administration, Department of EC–8506. A communication from the Acting eral Aviation Administration, Department of Transportation, transmitting, pursuant to Associate Attorney General transmitting, Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Standard pursuant to law, the 1999 annual report on law, the report of a rule entitled ‘‘Airworthi- Instrument Approach Procedures; Miscella- certain activities pertaining to the Freedom ness Directives: The New Piper Aircraft, Inc. neous Amendments (48); Amdt. No. 1985 (4–6/ of Information Act; to the Committee on the J–2 Series Airplanes that are Equipped with 4–10)’’ (RIN2120–AA65) (2000–0022), received Judiciary. Wing Lift Struts; Docket No. 99–CE–13 (12/28/ April 10, 2000; to the Committee on Com- EC–8507. A communication from the Inter- 99–4/10/00)’’ (RIN2120–AA64) (2000–0195), re- merce, Science, and Transportation. American Foundation, transmitting, pursu- ceived April 10, 2000; to the Committee on EC–8496. A communication from the Fed- ant to law, the fiscal year 1999 Annual Per- Commerce, Science, and Transportation. eral Aviation Administration, Department of formance Report; to the Committee on Gov- EC–8487. A communication from the Fed- Transportation, transmitting, pursuant to ernmental Affairs. eral Aviation Administration, Department of law, the report of a rule entitled ‘‘Establish- EC–8508. A communication from the Fed- Transportation, transmitting, pursuant to ment of Colored Federal Airways; AK; Dock- eral Communications Commission, transmit- law, the report of a rule entitled ‘‘Airworthi- et No. 98–AAL–15 (4–4/4–10)’’ (RIN2120–AA65) ting, pursuant to law, the fiscal year 1999 An- ness Directives: Fokker Model F27 Mark 050 (2000–0083), received April 10, 2000; to the nual Performance Report; to the Committee Series Airplanes; Docket No. 99–NM–317 (12– Committee on Commerce, Science, and on Governmental Affairs. 13–99/4–10–00)’’ (RIN2120–AA64) (2000–0194), re- Transportation. EC–8509. A communication from the Office ceived April 10, 2000; to the Committee on EC–8497. A communication from the Fed- of Electric Rates and Corporate Regulation, Commerce, Science, and Transportation. eral Aviation Administration, Department of Federal Energy Regulatory Commission EC–8488. A communication from the Fed- Transportation, transmitting, pursuant to transmitting, pursuant to law, the report of eral Aviation Administration, Department of law, the report of a rule entitled ‘‘Establish- a rule entitled ‘‘Final Rule on Designation of Transportation, transmitting, pursuant to ment of Jet Routes; AK; Docket No. 98–AAL– Electric Rate Schedule Sheets’’, received law, the report of a rule entitled ‘‘Airworthi- 13 (4–4/4–10)’’ (RIN2120–AA65) (2000–0084), re- April 12, 2000; to the Committee on Energy ness Directives: Fairchild Aircraft, Inc. Mod- ceived April 10, 2000; to the Committee on and Natural Resources. els SA226–T and SA226–TB, SA226–AT, and Commerce, Science, and Transportation. EC–8510. A communication from the En- SA226–TC Airplanes; Docket No. 99–CE–15 EC–8498. A communication from the Under ergy Information Administration, Depart- (10–7/4–10)’’ (RIN2120–AA64) (2000–0191), re- Secretary of Defense, Acquisition and Tech- ment of Energy, transmitting a report enti- ceived April 10, 2000; to the Committee on nology, transmitting, pursuant to law, the tled ‘‘International Energy Outlook 2000’’; to Commerce, Science, and Transportation. report of Selected Acquisition Reports the Committee on Energy and Natural Re- EC–8489. A communication from the Fed- (SARs) for the quarter ended December 31, sources. eral Aviation Administration, Department of 1999; to the Committee on Armed Services. EC–8511. A communication from the Agri- Transportation, transmitting, pursuant to EC–8499. A communication from the Sec- cultural Marketing Service, Fruit and Vege- law, the report of a rule entitled ‘‘Airworthi- retary of the Army, transmitting, pursuant table Programs, Department of Agriculture ness Directives: Empresa Brasileira de to law, a report relative to Program Acquisi- transmitting, pursuant to law, the report of Aeronautica; Model EMB–145 Series Air- tion Unit Cost and Average Procurement a rule entitled ‘‘Raisins Produced From planes; Docket No. 99–NM–203 (4–4/4–10)’’ Unit Cost thresholds which have been ex- Grapes Grown in California; Final Free and

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2726 CONGRESSIONAL RECORD — SENATE April 13, 2000 Reserve Percentages for 1999–2000 Crop Nat- fied Air Pollution Control District, Sac- S. Res. 287: A resolution expressing the ural (Sun-Dried Seedless and Zante Currant ramento Metropolitan Air Quality Manage- sense of the Senate regarding U.S. policy to- Raisins)’’ (Docket Number FV00–989–4 IFR), ment District’’ (FRL #6578–6), received April ward Libya. received April 12, 2000; to the Committee on 12, 2000; to the Committee on Environment S. Res. 289: A resolution expressing the Agriculture, Nutrition, and Forestry. and Public Works. sense of the Senate regarding the human EC–8512. A communication from the Office EC–8520. A communication from the Office rights situation in Cuba. of Regulatory Analysis and Development, of Regulatory Management and Information, By Mr. HATCH, from the Committee on Policy and Program Development, Animal Office of Policy, Planning and Evaluation, the Judiciary, without amendment: and Health Inspection Service, Department Environmental Protection Agency, transmit- S. 2058: A bill to extend filing deadlines for of Agriculture, transmitting, pursuant to ting, a report entitled ‘‘1999 PCB Questions applications for adjustment of status of cer- law, the report of a rule entitled ‘‘Ports Des- and Answers Manual-Additions’’; to the tain Cuban, Nicaraguan, and Haitian nation- ignated for Exportation of Horses; Dayton, Committee on Environment and Public als. OH’’ (Docket #99–102–2), received April 11, Works. By Mr. JEFFORDS, from the Committee 2000; to the Committee on Agriculture, Nu- EC–8521. A communication from the Office on Health, Education, Labor, and Pensions, trition, and Forestry. of Regulatory Management and Information, with an amendment in the nature of a sub- EC–8513. A communication from the Office Office of Policy, Planning and Evaluation, stitute: of Regulatory Analysis and Development, Environmental Protection Agency, transmit- S. 2366: A bill to amend the Public Health Policy and Program Development, Animal ting, a report entitled ‘‘Incentives foe Self- Service Act to revise and extend provisions and Health Inspection Service, Department Policing: Discovery, Disclosure, Correction relating to the Organ Procurement Trans- of Agriculture, transmitting, pursuant to and Prevention of Violations’’; to the Com- plantation Network. law, the report of a rule entitled ‘‘Johne’s mittee on Environment and Public Works. By Mr. HATCH, from the Committee on Disease in Domestic Animals; Interstate EC–8522. A communication from the Office the Judiciary, without amendment: Movement’’ (Docket #98–037–2), received of Regulatory Management and Information, S. 2367: A bill to amend the Immigration April 11, 2000; to the Committee on Agri- Office of Policy, Planning and Evaluation, and Nationality Act to make improvements culture, Nutrition, and Forestry. Environmental Protection Agency, transmit- to, and permanently authorize, the visa EC–8514. A communication from the Office ting, a report entitled ‘‘Notice of Storage waiver pilot program under the Act. of Regulatory Management and Information, Tank Emission Reduction Partnership Pro- By Mr. SMITH, of New Hampshire, from Office of Policy, Planning and Evaluation, gram’’; to the Committee on Environment the Committee on Environment and Public Environmental Protection Agency, transmit- and Public Works. Works, without amendment: ting, pursuant to law, the report of a rule en- EC–8523. A communication from the Office S. 2370: A bill to designate the Federal titled ‘‘Approval and Promulgation of Air of Regulatory Management and Information, Building located at 500 Pearl Street in New Quality Implementation Plans; Maine; RACT Office of Policy, Planning and Evaluation, York City, New York, as the ‘‘Daniel Patrick for VOC Sources’’ (FRL #6572–8), received Environmental Protection Agency, transmit- Moynihan United States Courthouse’’. April 12, 2000; to the Committee on Environ- ting, a report entitled ‘‘Small Business Com- By Mr. HELMS, from the Committee on ment and Public Works. pliance Policy’’; to the Committee on Envi- Foreign Relations, without amendment and EC–8515. A communication from the Office ronment and Public Works. with an amended preamble: of Regulatory Management and Information, f S. Con. Res. 81: A concurrent resolution ex- Office of Policy, Planning and Evaluation, pressing the sense of the Congress that the Environmental Protection Agency, transmit- REPORTS OF COMMITTEES Government of the People’s Republic of ting, pursuant to law, the report of a rule en- The following reports of committees China should immediately release Rabiya titled ‘‘Approval and Promulgation of Air were submitted: Kadeer, her secretary, and her son, and per- Quality Implementation Plans; New York: By Mr. MURKOWSKI, from the Committee mit them to move to the United States if Approval of Carbon Monoxide State Imple- on Energy and Natural Resources, with an they so desire. mentation Plan Revision; Removal of the amendment in the nature of a substitute: f Oxygenated Gasoline Program Final-Region S. 1778: A bill to provide for equal ex- 2’’ (FRL #6572–9), received April 12, 2000; to changes of land around the Cascade Res- EXECUTIVE REPORTS OF the Committee on Environment and Public ervoir (Rept. No. 106–271). COMMITTEES Works. By Mr. SMITH, of New Hampshire, from The following executive reports of EC–8516. A communication from the Office the Committee on Environment and Public of Regulatory Management and Information, Works, with amendments: committees were submitted: Office of Policy, Planning and Evaluation, S. 1946: A bill to amend the National Envi- By Mr. MCCAIN for the Committee on Environmental Protection Agency, transmit- ronmental Education Act to redesignate that Commerce, Science, and Transportation. ting, pursuant to law, the report of a rule en- Act as the ‘‘John H. Chafee Environmental The following named officer for appoint- titled ‘‘Approval and Promulgation of Imple- Education Act’’, to establish the John H. ment as Commander, Pacific Area, United mentation Plans; New York; Nitrogen Oxides Chafee Memorial Fellowship Program, to ex- States Coast Guard, and to the grade indi- Budget and Allowance Trading Program’’ tend the programs under that Act, and for cated under title 14, U.S.C., section 50: (FRL #6573–1), received April 12, 2000; to the other purposes (Rept. No. 106–272). To be vice admiral Committee on Environment and Public By Mr. MURKOWSKI, from the Committee Rear Adm. Ernest R. Riutta, 2216 Works. on Energy and Natural Resources, with EC–8517. A communication from the Office amendments: The following named officer for appoint- of Regulatory Management and Information, S. 311: A bill to authorize the Disabled Vet- ment as Vice Commandant, United States Office of Policy, Planning and Evaluation, erans’ LIFE Memorial Foundation to estab- Coast Guard, and to the grade indicated Environmental Protection Agency, transmit- lish a memorial in the District of Columbia under title 14, U.S.C., section 47: ting, pursuant to law, the report of a rule en- or its environs, and for other purposes (Rept. To be vice admiral titled ‘‘Approval and Promulgation of Air No. 106–273). Vice Adm. Thomas H. Collins, 9096 Quality Implementation Plans; Virginia; Re- By Mr. GRAMM, from the Committee on vised Format for Materials Being Incor- Banking, Housing, and Urban Affairs, with John Paul Hammerschmidt, of Arkansas, porated by Reference; Approval of Recodifi- an amendment in the nature of a substitute: to be a Member of the Board of Directors of cation of the Virginia Administrative Code’’ S. 1452: A bill to modernize the require- the Metropolitan Washington Airports Au- (FRL #6562–9), received April 12, 2000; to the ments under the National Manufactured thority for a term of four years. (New Posi- Committee on Environment and Public Housing Construction and Safety Standards tion) Works. of 1974 and to establish a balanced consensus Norman Y. Mineta, of California, to be a EC–8518. A communication from the Office process for the development, revision, and Member of the Board of Directors of the Met- of Regulatory Management and Information, interpretation of Federal construction and ropolitan Washington Airports Authority for Office of Policy, Planning and Evaluation, safety standards for manufactured homes a term of six years. (New Position) Environmental Protection Agency, transmit- (Rept. No. 106–274). Robert Clarke Brown, of Ohio, to be a ting, pursuant to law, the report of a rule en- By Mr. SMITH, of New Hampshire, from Member of the Board of Directors of the Met- titled ‘‘National Primary Drinking Water the Committee on Environment and Public ropolitan Washington Airports Authority for Regulations: Public Notification Rule’’ (FRL Works, without amendment: a term expiring November 22, 2005. (Re- #6580–2), received April 12, 2000; to the Com- H.R. 2412: A bill to designate the Federal appointment) mittee on Environment and Public Works. building and United States courthouse lo- John Goglia, of Massachusetts, to be a EC–8519. A communication from the Office cated at 1300 South Harrison Street in Fort Member of the National Transportation of Regulatory Management and Information, Wayne, Indiana, as the ‘‘E. Ross Adair Fed- Safety Board for a term expiring December Office of Policy, Planning and Evaluation, eral Building and United States Court- 31, 2003. (Reappointment) Environmental Protection Agency, transmit- house’’. Carol Jones Carmody, of Louisiana, to be a ting, pursuant to law, the report of a rule en- By Mr. HELMS, from the Committee on Member of the National Transportation titled ‘‘Revisions to the California State Im- Foreign Relations, without amendment and Safety Board for a term expiring December plementation Plan, San Joaquin Valley Uni- with a preamble: 31, 2004.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2727 (The above nominations were re- 4. Parents: Mother, Constance Hill, $50, By Mr. GRASSLEY (for himself, Ms. ported with the recommendation that June 1999, Al Gore. MIKULSKI, Ms. COLLINS, and Mr. they be confirmed subject to the nomi- 5. Grandparents: deceased. CLELAND): S. 2420. A bill to amend title 5, United nees’ commitment to respond to re- 6. Brothers and Spouses: zero. 7. Sisters and spouses: zero. States Code, to provide for the establishment quests to appear and testify before any of a program under which long-term care in- duly constituted committee of the Sen- Donald Arthur Mahley, of Virginia, a Ca- surance is made available to Federal employ- ate.) reer Member of the Senior Executive Serv- ees, members of the uniformed services, and Mr. MCCAIN. Mr. President, for the ice, for the rank of Ambassador during his civilian and military retirees, and for other Committee on Commerce, Science, and tenure of service as Special Negotiator for purposes; to the Committee on Govern- Transportation, I report favorably Chemical and Biological Arms Control mental Affairs. nomination lists which were printed in Issues. By Mr. LIEBERMAN (for himself, Mr. DODD, Mr. KERRY, and Mr. KENNEDY): the Records of the dates indicated, and Gregory G. Govan, of Virginia, for the rank of Ambassador during his tenure of service S. 2421. A bill to direct the Secretary of the ask unanimous consent, to save the ex- as Chief U.S. Delegate to the Joint Consult- Interior to conduct a study of the suitability pense of reprinting on the Executive ative Group. (New Position) and feasibility of establishing an Upper Calendar, that these nominations lie at Housatonic Valley National Heritage Area in (The above nominations were re- the Secretary’s desk for the informa- Connecticut and Massachusetts; to the Com- ported with the recommendation that tion of Senators. mittee on Energy and Natural Resources. The PRESIDING OFFICER. Without objec- they be confirmed subject to the nomi- By Mr. CONRAD: tion, it is so ordered. nees’ commitment to respond to re- S. 2422. A bill to amend the Internal Rev- enue Code of 1986 to provide tax incentives Coast Guard nominations beginning Jay F. quests to appear and testify before any for farm relief and economic development, Dell and ending Denis J. Fassero, which duly constituted committee of the Sen- and for other purposes; to the Committee on nominations were received by the Senate and ate.) Finance. appeared in the CONGRESSIONAL RECORD on Mr. HELMS. Mr. President, for the By Mr. DURBIN: November 19, 1999. Committee on Foreign Relations, I re- S. 2423. A bill to provide Federal Perkins Coast Guard nominations beginning Mi- port favorably nomination lists which Loan cancellation for public defenders; to chael H. Graner and ending Michael R. Sew- were printed in the Records of the the Committee on Health, Education, Labor, ard, which nominations were received by the dates indicated, and ask unanimous and Pensions. Senate and appeared in the CONGRESSIONAL consent, to save the expense of reprint- By Mr. BREAUX: RECORD on February 7, 2000. S. 2424. A bill to amend the Internal Rev- Coast Guard nominations beginning Doug- ing on the Executive Calendar, that these nominations lie at the Sec- enue Code of 1986 to extend and expand the las N. Eames and ending Timothy A. Aines, enhanced deduction for charitable contribu- which nominations were received by the Sen- retary’s desk for the information of tions of computers to provide greater public ate and appeared in the CONGRESSIONAL Senators. access to computers, including access by the RECORD on February 7, 2000. The PRESIDING OFFICER. Without poor; to the Committee on Finance. Coast Guard nominations beginning Jen- objection, it is so ordered. By Mr. SMITH of Oregon (for himself nifer L. Adams and ending Gregory D. Zike, and Mr. WYDEN): which nominations were received by the Sen- Foreign Service nominations beginning Mattie R. Sharpless and ending Howard R. S. 2425. A bill to authorize the Bureau of ate and appeared in the CONGRESSIONAL Wetzel , which nominations were received by Reclamation to participate in the planning, RECORD on April 7, 2000. the Senate and appeared in the Congres- design, and construction of the Bend Feed By Mr. SMITH for the Committee on Envi- Canal Pipeline Project, Oregon, and for other ronment and Public Works. sional Record on February 24, 2000. Foreign Service nominations beginning purposes; to the Committee on Energy and Edward McGaffigan, Jr., of Virginia, to be Natural Resources. a Member of the Nuclear Regulatory Com- Nancy M. McKay and ending Nancy Morgan Serpa , which nominations were received by By Mr. THOMPSON: mission for the term of five years expiring S. 2426. A bill to suspend temporarily the June 30, 2005. (Reappointment) the Senate and appeared in the Congres- sional Record on February 24, 2000. duty on n-Heptanoic acid; to the Committee By Mr. WARNER for the Committee on on Finance. Armed Services. f By Mr. THOMPSON: Madelyn R. Creedon, of Indiana, to be Dep- INTRODUCTION OF BILLS AND S. 2427. A bill to suspend temporarily the uty Administrator for Defense Programs, duty on Undecylenic acid; to the Committee National Nuclear Security Administration. JOINT RESOLUTIONS on Finance. (New Position) The following bills and joint resolu- By Mr. THOMPSON: Gregory Robert Dahlberg, of Virginia, to tions were introduced, read the first S. 2428. A bill to suspend temporarily the be Under Secretary of the Army. duty on n-Heptaldehyde; to the Committee Bernard Daniel Rostker, of Virginia, to be and second times by unanimous consent, and referred as indicated: on Finance. Under Secretary of Defense for Personnel By Mr. JEFFORDS (for himself, Mr. and Readiness. By Mr. ASHCROFT (for himself, Mr. MOYNIHAN, Mr. SCHUMER, Mr. DODD, By Mr. HELMS for the Committee on For- BOND, Mr. DEWINE, Mr. WARNER, and Mr. KENNEDY, and Mr. LIEBERMAN): eign Relations. Mr. MOYNIHAN): S. 2429. A bill to amend the Energy Con- Gary A. Barron, of Florida, to be a Member S. 2416. A bill to designate the Federal servation and Production Act to make of the Board of Directors of the Overseas Pri- building located at 2201 C Street, Northwest, changes in the Weatherization Assistance vate Investment Corporation for a term ex- in the District of Columbia, which serves as Program for Low-Income Persons; to the piring December 17, 2002. headquarters for the Department of State, as Committee on Energy and Natural Re- Thomas G. Weston, of Michigan, a Career the ‘‘Harry S. Truman Federal Building’’; to sources. Member of the Senior Foreign Service, Class the Committee on Environment and Public By Mr. LEAHY: of Minister-Counselor, for the rank of Am- Works. S. 2430. A bill to combat computer hacking bassador during his tenure of service as Spe- By Mr. CRAPO (for himself and Mr. through enhanced law enforcement and to cial Coordinator for Cyprus. SMITH of New Hampshire): protect the privacy and constitutional rights Carey Cavanaugh, of Florida, a Career S. 2417. A bill to amend the Federal Water of Americans, and for other purposes; to the Member of the Senior Foreign Service, Class Pollution Control Act to increase funding for Committee on the Judiciary. of Counselor, for the rank of Ambassador State nonpoint source pollution control pro- By Mr. SANTORUM: during his tenure of service as Special Nego- grams, and for other purposes; to the Com- S. 2431. A bill to amend the Internal Rev- tiator for Nagorno-Karabakh and New Inde- mittee on Environment and Public Works. enue Code of 1986 to allow a credit against pendent States Regional Conflicts. By Mr. CAMPBELL: income tax for expenses incurred in tele- Christopher Robert Hill, of Rhode Island, a S. 2418. A bill to prohibit commercial air working; to the Committee on Finance. Career Member of the Senior Foreign Serv- tour operations over the Black Canyon Na- By Mr. SMITH of Oregon (for himself ice, Class of Minister-Counselor, to be Am- tional Park; to the Committee on Com- and Mr. WYDEN): bassador Extraordinary and Plenipotentiary merce, Science, and Transportation. S. 2432. A bill to permit the catcher vessel of the United States of America to the Re- By Mr. JOHNSON (for himself and Ms. HAZEL LORRAINE to conduct commercial public of Poland. COLLINS): fishing activities; to the Committee on Com- Nominee: Christopher R. Hill. S. 2419. A bill to amend title 38, United merce, Science, and Transportation. Post: Warsaw. States Code, to provide for the annual deter- By Ms. LANDRIEU (for herself and Mr. Contributions, amount, date, donee: mination of the rate of the basic benefit of BREAUX): 1. Self: zero. active duty educational assistance under the S. 2433. A bill to establish the Red River 2. Spouse: zero. Montgomery GI Bill, and for other purposes; National Wildlife Refuge; to the Committee 3. Children and Spouses: zero. to the Committee on Veterans’ Affairs. on Environment and Public Works.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2728 CONGRESSIONAL RECORD — SENATE April 13, 2000 By Mr. L. Chafee (for himself, Mr. S. 2445. A bill to provide community-based S. 2453. A bill to authorize the President to BRYAN, Mr. THOMPSON, Mr. SAR- economic development assistance for trade- award a gold medal on behalf of Congress to BANES, and Mr. BURNS): affected communities; to the Committee on Pope John Paul II in recognition of his out- S. 2434. A bill to provide that amounts al- Finance. standing and enduring contributions to hu- lotted to a State under section 2401 of the By Ms. LANDRIEU: manity, and for other purposes; to the Com- Social Security Act for each of fiscal years S. 2446. A bill to amend the Internal Rev- mittee on Banking, Housing, and Urban Af- 1998 and 1999 shall remain available through enue Code of 1986 to provide assistance to fairs. fiscal year 2002; to the Committee on Fi- homeowners and small businesses to repair By Mr. BURNS (for himself and Mr. nance. Formosan termite damage; to the Com- BREAUX): By Ms. SNOWE (for herself, Mr. ROCKE- mittee on Finance. S. 2454. A bill to amend the Communica- FELLER, Mr. DEWINE, and Mr. DODD): By Mr. WELLSTONE (for himself, Mr. tions Act of 1934 to authorize low-power tele- S. 2435. A bill to amend part B of title IV DASCHLE, and Mr. BAUCUS): vision stations to provide digital data serv- of the Social Security Act to create a grant S. 2447. A bill to amend the Consolidated ices to subscribers; to the Committee on program to promote joint activities among Farm and Rural Development Act to author- Commerce, Science, and Transportation. Federal, State, and local public child welfare ize the Secretary of Agriculture to make By Mr. ASHCROFT: and alcohol and drug abuse prevention and competitive grants to establish National S.J. Res. 45. A joint resolution proposing treatment agencies; to the Committee on Fi- Centers for Distance Working to provide as- an amendment to the Constitution of the nance. sistance to individuals in rural communities United States to allow the States to limit By Mr. ABRAHAM: to support the use of teleworking in informa- the period of time United States Senators S. 2436. A bill to amend the Internal Rev- tion technology fields; to the Committee on and Representatives may serve; to the Com- enue Code of 1986 to repeal the targeted area Agriculture, Nutrition, and Forestry. mittee on the Judiciary. limitation on the expense deduction for envi- By Mr. HATCH (for himself and Mr. f ronmental remediation costs and to extend SCHUMER): the termination date of such deduction; to S. 2448. A bill to enhance the protections of SUBMISSION OF CONCURRENT AND the Committee on Finance. the Internet and the critical infrastructure SENATE RESOLUTIONS By Mr. SMITH of New Hampshire (for of the United States, and for other purposes; to the Committee on the Judiciary. The following concurrent resolutions himself and Mr. BAUCUS) (by request): and Senate resolutions were read, and S. 2437. A bill to provide for the conserva- By Mr. BROWNBACK: tion and development of water and related S. 2449. A bill to combat trafficking of per- referred (or acted upon), as indicated: resources, to authorize the Secretary of the sons, especially into the sex trade, slavery, By Mr. HUTCHINSON (for himself, Mr. Army to construct various projects for im- and slavery-like conditions, in the United GRASSLEY, Mr. HATCH, Mr. CRAIG, Mr. provements to rivers and harbors of the States and countries around the world THOMAS, Mr. FRIST, and Mr. THOMP- United States, and for other purposes; to the through prevention, prosecution, and en- SON): Committee on Environment and Public forcement against traffickers, and through S. Res. 291. A resolution expressing the Works. protection and assistance to victims of traf- sense of the Senate regarding the reprogram- By Mr. McCAIN (for himself, Mrs. MUR- ficking; to the Committee on Foreign Rela- ming of funds for the Drug Enforcement Ad- RAY, and Mr. GORTON): tions. ministration for fiscal year 2000 in order to S. 2438. A bill to provide for enhanced safe- By Mr. HUTCHINSON (for himself and assist State and local efforts to clean up ty, public awareness, and environmental pro- Mr. BROWNBACK): methamphetamine laboratories; to the Com- tection in pipeline transportation, and for S. 2450. A bill to terminate the Internal mittee on Appropriations. other purposes; to the Committee on Com- Revenue Code of 1986; to the Committee on By Mr. CLELAND (for himself, Mrs. merce, Science, and Transportation. Finance. BOXER, Mr. BOND, Mr. BAUCUS, Mr. By Mr. MURKOWSKI (for himself and By Mrs. HUTCHISON: BRYAN, Ms. LANDRIEU, Mr. KERRY, S. 2451. A bill to increase criminal pen- Mr. STEVENS): Mr. JEFFORDS, Mrs. MURRAY, Mrs. S. 2439. A bill to authorize the appropria- alties for computer crimes, establish a Na- LINCOLN, Ms. MIKULSKI, Mrs. FEIN- tional Commission on Cybersecurity, and for tion of funds for the construction of the STEIN, Mr. ROBB, Mr. COCHRAN, and other purposes; to the Committee on the Ju- Southeastern Alaska Intertie system, and Mr. DURBIN): for other purposes; to the Committee on En- diciary. S. Res. 292. A resolution recognizing the ergy and Natural Resources. By Mr. COVERDELL: 20th century as the ‘‘Century of Women in S. 2452. A bill to reduce the reading deficit By Mrs. HUTCHISON (for herself, Mr. the United States’’; to the Committee on the in the United States by applying the findings MCCAIN, Mr. GORTON, Mr. INOUYE, Mr. Judiciary. of scientific research in reading instruction By Mr. DASCHLE (for himself, Mr. LIE- ROCKEFELLER, and Mr. BRYAN): to all students who are learning to read the S. 2440. A bill to amend title 49, United BERMAN, Mr. SARBANES, Mr. BRYAN, English language and to amend the Elemen- States Code, to improve airport security; to Mr. TORRICELLI, Mr. EDWARDS, Mr. tary and Secondary Education Act of 1965 to the Committee on Commerce, Science, and MOYNIHAN, Mr. KERRY, Mr. BINGA- improve literacy through family literacy Transportation. MAN, Mr. GRAHAM, Mr. CLELAND, Mr. projects and to reauthorize the inexpensive REID, Mr. HARKIN, Mrs. LINCOLN, Mr. By Mr. BOND (for himself and Mrs. book distribution program; to the Com- LINCOLN): mittee on Health, Education, Labor, and SCHUMER, Mr. AKAKA, Mr. KENNEDY, S. 2441. A bill to amend the Federal Water Pensions. Mr. DURBIN, Mr. FEINGOLD, Mr. Pollution Control Act to establish a program By Mr. BROWNBACK (for himself, Mr. KERREY, Mr. KOHL, Mrs. FEINSTEIN, for fisheries habitat protection, restoration, Ms. MIKULSKI, Mr. DORGAN, Mr. ROBB, ABRAHAM, Mr. AKAKA, Mr. ALLARD, and enhancement, and for other purposes; to Mr. LAUTENBERG, Mr. JOHNSON, Mr. Mr. ASHCROFT, Mr. BINGAMAN, Mr. the Committee on Environment and Public REED, and Mrs. BOXER): BREAUX, Mr. BUNNING, Mr. BURNS, Works. S. Res. 293. A resolution encouraging all Mr. CAMPBELL, Mr. L. CHAFEE, Ms. By Mrs. MURRAY: residents of the United States to complete COLLINS, Mr. CONRAD, Mr. COVER- S. 2442. A bill to amend the Consolidated their census forms to ensure the most accu- DELL, Mr. CRAIG, Mr. CRAPO, Mr. Farm and Rural Development Act to author- rate enumeration of the population possible; DASCHLE, Mr. DEWINE, Mr. DURBIN, ize the Secretary of Agriculture to provide to the Committee on Governmental Affairs. Mr. DODD, Mr. DOMENICI, Mr. long-term, low-interest loans to apple grow- By Mr. SCHUMER (for himself, Mr. EDWARDS, Mr. ENZI, Mrs. FEINSTEIN, ers; to the Committee on Agriculture, Nutri- BROWNBACK, Mr. WYDEN, Mr. DODD, Mr. FRIST, Mr. FITZGERALD, Mr. tion, and Forestry. Mr. LIEBERMAN, and Mr. FEINGOLD): By Mr. DURBIN (for himself, Ms. GRAMS, Mr. GRASSLEY, Mr. GREGG, S. Con. Res. 104. A concurrent resolution SNOWE, Mr. REED, and Mrs. MURRAY): Mr. HAGEL, Mr. HELMS, Mr. HOL- expressing the sense of the Congress regard- S. 2443. A bill to increase immunization LINGS, Mr. HUTCHINSON, Mrs. ing the ongoing prosecution of 13 members of funding and provide for immunization infra- HUTCHISON, Mr. INHOFE, Mr. INOUYE, Iran’s Jewish community; to the Committee structure and delivery activities; to the Mr. JOHNSON, Mr. KENNEDY, Mr. on Foreign Relations. Committee on Health, Education, Labor, and KERREY, Mr. KERRY, Ms. LANDRIEU, By Mr. ABRAHAM: Pensions. Mr. LEAHY, Mr. LIEBERMAN, Mr. S. Con. Res. 105. A concurrent resolution By Mr. DURBIN (for himself and Mr. LEVIN, Mr. LOTT, Mr. MACK, Mr. designating April 13, 2000, as a day of remem- REED): MCCAIN, Mr. MCCONNELL, Ms. MIKUL- brance of the victims of the Katyn Forest S. 2444. A bill to amend title I of the Em- SKI, Mr. MOYNIHAN, Mr. MURKOWSKI, massacre; to the Committee on the Judici- ployee Retirement Income Security Act of Mrs. MURRAY, Mr. ROBERTS, Mr. ary. 1974, the Public Health Service Act, and the ROTH, Mr. SANTORUM, Mr. SCHUMER, By Mr. GRAMS (for himself and Mr. Internal Revenue Code of 1986 to require Mr. SESSIONS, Mr. SHELBY, Mr. SMITH WELLSTONE): comprehensive health insurance coverage for OF NEW HAMPSHIRE, Mr. SMITH OF OR- S. Con. Res. 106. A concurrent resolution childhood immunization; to the Committee EGON, Ms. SNOWE, Mr. SPECTER, Mr. recognizing the Hermann Monument and on Health, Education, Labor, and Pensions. STEVENS, Mr. THOMAS, Mr. Hermann Heights Park in New Ulm, Min- By Mr. ROBB (for himself, Mr. TORRICELLI, Mr. VOINOVICH, and Mr. nesota, as a national symbol of the contribu- EDWARDS, and Ms. LANDRIEU): WARNER): tions of Americans of German heritage; to

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2729 the Committee on Energy and Natural Re- tion to duty, and our concept of liberty. But Pollution Program Enhancements Act sources. I say to all men, what we have achieved in of 2000’’ in response to a fast track By Mr. AKAKA (for himself, Mr. BAU- liberty, we will surpass in greater liberty. rulemaking process undertaken by the CUS, Mr. KERRY, Mr. ROTH, and Mr. Steadfast in our faith in the Almighty, we Environmental Protection Agency with BINGAMAN): will advance toward a world where man’s S. Con. Res. 107. A concurrent resolution freedom is secure. To that end we will devote respect to the total maximum daily expressing the sense of the Congress con- our strength, our resources, and our firmness load, or TMDL, and National Pollutant cerning support for the Sixth Nonprolifera- of resolve. With God’s help, the future of Discharge Elimination System, tion Treaty Review Conference; to the Com- mankind will be assured in a world of jus- NPDES, permit programs under the mittee on Foreign Relations. tice, harmony, and peace. Clean Water Act. The concerns over f ∑ Mr. MOYNIHAN. Mr. President, it this rule are far too great and EPA is STATEMENTS ON INTRODUCED gives me great pleasure to join my col- moving far too quickly for Congress to BILLS AND JOINT RESOLUTIONS leagues—Senators ASHCROFT, WARNER, stand aside and allow this regulation BOND, and DEWINE—in this effort to to move ahead. My disagreement with By Mr. ASHCROFT (for himself, name the State Department building the proposed rule is not its basic objec- Mr. BOND, Mr. DEWINE, Mr. after our 33rd President, Harry S. Tru- tive, which is aimed at cleaning up our WARNER, and Mr. MOYNIHAN): man. It could be named for none other. Nation’s waters—but the hurried ap- S. 2416. A bill to designate the Fed- Harry S. Truman was, perhaps, the proach EPA has elected to take, and eral building located at 2201 C Street, most unlikely of the Presidents. A their refusal to address the very nu- Northwest, in the District of Columbia, failed haberdasher, as he would say, merous, very real concerns of states, which serves as headquarters for the without a college degree. It seems cities, and stakeholders. Department of State, as the ‘‘Harry S. somewhat paradoxical that this com- Truman Federal Building’’; to the mon man, who modeled himself along Huge strides have been made in Committee on Environment and Public the lines of the fabled Cincinnatus—re- cleaning up our nation’s waters since Works. turning to the field after rising to meet the Clean Water Act was passed in 1972, LEGISLATION TO RENAME THE STATE DEPART- his country’s needs—would leave so particularly in the area of point source MENT AFTER PRESIDENT HARRY S. TRUMAN much behind. pollutants. But clearly, our work is not Mr. ASHCROFT. Mr. President, it is Put simply, President Truman’s for- finished in trying to make our lakes, my great privilege to introduce a bill eign affairs accomplishments saved the rivers and streams ‘‘fishable and swim- today, along with Senators BOND, WAR- world from the chaos that followed the mable.’’ More must be done to improve NER, DEWINE, and MOYNIHAN, that will destruction of Europe in the Second water quality, and more must espe- name the State Department’s Head- World War, and enabled the ultimate cially be done to provide additional re- quarters in Washington, D.C., the defeat of totalitarianism. To list a few: sources to address nonpoint source pol- ‘‘Harry S. Truman Federal Building.’’ I the Berlin Airlift, the Marshall Plan, lution, which, so far, has not received truly appreciate the support of these aid to Greece and Turkey, NATO, and anywhere near the kind of funding that distinguished colleagues and Secretary the establishment of the United Na- has been focused on discharges from Albright to see this idea become a re- tions—the vision of his only rival point sources. ality. President Woodrow Wilson. In the past month and a half, we have Born in Lamar, Missouri, Harry S. His greatness was not readily accept- held two hearings on the Environ- Truman was a farmer, a national ed while he served, or shortly there- mental Protection Agency’s proposed guardsman, a World War I veteran, a after. But over time, Harry S. Truman rule with respect to total maximum local postmaster, a road overseer, and has been reevaluated through such daily loads and the NPDES permit pro- a small business owner before turning scholarly biographies as those by David grams. The same subject has been ex- to politics. Through these experiences, McCullough and Alonzo L. Hamby. amined in four other Congressional he gained the courage, honesty, and This son of Independence, Missouri, hearings by three separate committees. dedication to freedom required of a would surely have rejected the high What we have collectively learned in greater leader. Truman went on to be- praise that his name now generates, these hearings about EPA’s proposed come one of the most influential Presi- but he would certainly concur in the rule is nothing short of alarming. dents of the modern era. His leadership appreciation of the enduring success of States have responded with universal and character, especially in the area of the policies and institutions he cre- concern to this proposed rule that sad- foreign policy, have earned him well- ated. McCullough’s ‘‘Truman’’ contains dles them with enormous regulatory deserved praise and respect throughout this reflection: burdens and exorbitant costs in car- the world. I suppose that history will remember my rying out their water quality manage- He established the Marshall Plan— term in office as the years when the Cold ment programs. Not only is this pro- creating a politically and economically War began to overshadow our lives. posed onerous and costly to implement, stable Western Europe. President Tru- I have had hardly a day in office that has but States have testified that it is not man was instrumental in creating the not been dominated by this all-embracing likely to improve water quality, and, North Atlantic Treaty Organization struggle. . . . And always in the background there has been the atomic bomb. But when in fact, may have a detrimental effect which kept Soviet aggression at bay in history says that my term of office saw the on States with existing programs that Western Europe. He worked to contain beginning of the Cold War, it will also say have proven to be successful. the further spread of communism in that in those eight years we have set the Berlin, Greece, Turkey, and Korea. course that can win it. . . . We would prefer not to be intro- Clearly, President Truman was the ar- Mr. President, few could dispute ducing this bill today. We have been chitect of the strategy that won the those sentiments.∑ holding hearings. I have been commu- Cold War and is a prime reason the nicating with EPA—as have dozens of United States is currently the world’s By Mr. CRAPO (for himself and other Members of Congress expressing sole superpower. Mr. SMITH of New Hampshire): their grave concern with the proposed Mr. President, the State Department S. 2417. A bill to amend the Federal rule. We would prefer that Congress be should be named after a true leader in Water Pollution Control Act to in- working through these very important foreign policy—and President Harry S. crease funding for State nonpoint and challenging issues in collaboration Truman is the clear choice. And source pollution control programs, and with EPA. But holding hearings and at- through this choice, I hope the United for other purposes; to the Committee tempting to work with EPA to resolve States will continue President Tru- on Environment and Public Works. issues of concern, or urging them to man’s principled foreign policy as seen WATER POLLUTION PROGRAM ENHANCEMENTS take a more thoughtful, even-handed in his 1949 Presidential Inaugural Ad- ACT OF 2000 approach is no longer a reasonable dress: Mr. CRAPO. I am pleased to intro- course of action when the EPA stead- Events have brought our American democ- duce today, with my colleague Senator fastly continues to insist on fast track- racy to new influence and new responsibil- SMITH of New Hampshire and Senator ing a rule that has been the subject of ities. They will test our courage, our devo- GORDON SMITH of Oregon, the ‘‘Water such widespread concern and criticism.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2730 CONGRESSIONAL RECORD — SENATE April 13, 2000 When EPA issued this proposed regu- specifically being made available to the States implement the Total Max- lation last August, we were all sur- farmers, ranches, family forestland imum Daily Load, TMDL, program for prised at the boldness of the agency to managers and others, to conduct ac- impaired waters. publish the rule: tivities on their lands that contribute I emphasize at the outset that I During the Congressional recess; and to cleaning up rivers, lakes and strongly support the goals of the Clean Provide only a 60-day comment pe- streams. Water Act. I believe all Americans riod on such as massive and complex These significant increases in fund- should be able to enjoy clean water to rulemaking. ing will achieve on-the-ground results drink, and that our rivers and lakes Not only did the Chairman and Rank- and have a very real effect in improv- should be ‘‘fishable’’ and ‘‘swimmable.’’ ing Member of the Environment and ing our nation’s water quality. And we have made substantial progress Public Works Committee request an Second, the bill directs the Environ- over the past 25 years since the Clean extension of the comment period, but mental Protection Agency to contract Water Act was enacted in cleaning up Congress was actually forced to enact with the National Academy of Sciences our nations rivers, lakes and streams. legislation to compel EPA to listen. to prepare a report on: According to EPA, 60–70 percent of our The EPA was forced to extend its com- The quality of the science used to de- nation’s waters are now safe for fishing ment period. EPA received more than velop and implement TMDLs; and swimming. Certainly, there’s more 30,000 public comments on the proposed The costs associated with imple- work to be done. How we control runoff rule, and, as I said earlier, this rule has menting TMDLs; and from agricultural and urban areas, and been the subject of six Congressional The availability of alternative pro- forests—so-called nonpoint source pol- hearings. grams or mechanisms to reduce the lution—is our challenge for the future. To date, I do not see any evidence discharge of pollutants from point I also support the original concept that EPA is listening. As recently as sources and nonpoint source pollution. underlying the TMDL program of help- last week, EPA communicated that it If there is one message I have heard ing ensure that water quality stand- had negotiated a 60-day OMB review— loud and clear, it is that we lack basic ards are met on all of our nation’s riv- what is usually at least a 90-day review and necessary data about TMDLs and ers and streams and lakes. However, I on major rulemaking efforts—and that how to implement the TMDL program believe that there may be other tools it intends to finalize the rule by June that achieves the goal of improving to help us achieve those laudable goals; 30. water quality, provides States flexi- TMDLs are not the only answer. We The intransigence of the EPA is both bility in administering their programs, should be looking to the States for al- unexplainable and unacceptable. If and is cost effective. It is irresponsible ternative, innovative solutions, par- EPA is serious about ramming this reg- of EPA to push ahead in finalizing this ticularly in the area of controlling ulation through by June 30, it is our in- regulation when we do not have the an- nonpoint source pollution. And I be- tention to send them a loud message— swers to such basic questions about lieve that if we look, we will find that Congress insists instead that they take this program. the States have better, more cost effec- a deep breath with respect to this rule. Third, the bill provides for innovative solutions to improving water qual- The bill Senator SMITH and I are in- tion and collaboration by establishing ity. Is there a role for the Federal Gov- troducing today—the Water Pollution a pilot program in which five states are ernment in addressing nonpoint source Program Enhancements Act—takes im- selected to implement a three-year pollution? Absolutely. The Federal portant steps toward achieving addi- program that examines alternative Government—EPA—should work in tional reductions in water pollution strategies and incentives to reduce the partnership with States and the pri- now, and providing the science nec- discharge of pollutants and TMDLs. vate sector to achieve our shared goal essary for better implementation of the This pilot program will provide us with of fishable and swimmable water. TMDL program in the future. valuable information about how we EPA’s approach to solving the na- In the hearings I held, witnesses might think outside the box to solve tion’s remaining water quality issues, raised three main concerns with re- our water quality problems. however, continues to be based on more spect to the proposed rule. They cited: Finally, this legislation requires EPA ‘‘top-down’’ regulations from Wash- States’ lack of reliable data for de- to postpone its rulemaking and review ington, D.C.; more confrontration, in- veloping their 303(d) list of impaired the National Academy of Sciences stead of collaboration; and more inter- waters; study before publishing its final rule on ference with State programs. We are The scarce public resources available the TMDL program. Despite EPA’s as- taking the step of introducing this leg- for addressing nonpoint pollution in sertions to the contrary, we know that islation today because EPA has made particular; and the proposed rule would have enormous it clear that it plans to expedite the EPA’s overreach of its statutory au- implications for States, cities and process for finalizing two controversial thority under the Clean Water Act in stakeholders. It is absolutely critical rules that it proposed last August that controlling water quality management that we know more about the science would make a number of significant programs administered by States. of TMDLs before finalizing this rule, changes to the existing programs to This bill addresses those three issues and EPA has given Congress no other control the discharge of pollutants and without amending current law or regu- choice but to compel them to do so. to improve water quality. The first lation. Congress has an obligation to intercede rule would significantly expand the re- The Water Pollution Program En- and resolve these issues crucial to the quirements for establishing the total hancement Act authorizes significantly health of our people and our environ- amount of pollutants that can be dis- increased funding for sections 106 and ment. charged to a waterbody—so-called 319 under the Clean Water Act. Fund- I urge my colleagues to join me in ‘‘total maximum daily loads.’’ The sec- ing under section 106 would be made cleaning up our nation’s waters ond rule would expand EPA’s authority available to the States and specifically through the reasonable and balanced to revoke or reissue state-issued per- directed to: provisions included in the Water Pollu- mits under the Clean Water Act to im- Collect reliable monitoring data; tion Program Enhancements Act of plement the new TMDL requirements. Improve their lists of impaired 2000. The combined effect of these rules waters; I yield the floor. would be to dramatically expand EPA’s Prepare TMDLs; and Mr. SMITH of New Hampshire. Mr. authority over issues that have tradi- Develop watershed management President, I am pleased to introduce tionally been within the jurisdiction of strategies. today with my colleague from Idaho, the States, such as farming, ranching Of the $500 million available for im- Senator MIKE CRAPO, the ‘‘Water Pollu- and logging operations, and addition- plementation of section 319, $200 mil- tion Program Enhancements Act of ally to give EPA a potential new role lion is required to be made available by 2000.’’ I believe this bill will signifi- in local land management use deci- the States for grants to private land- cantly improve water quality and, over sions. owners to carry out projects that will the long term, reform the way the En- I have serious concerns about the improve water quality. These funds are vironmental Protection Agency and substance of these rules. But I am also

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2731 deeply troubled by the process that tion from GAO sends a clear signal justify and explain the rule to the pub- EPA has adopted here. It began last that TMDLs are not the answer for lic. States and the regulated commu- summer when EPA initially proposed nonpoint source pollution. The science nity deserve to have their comments the rules. At that time, it stated that just isn’t there. and concerns considered seriously by it would only accept public comments We also heard from a variety of busi- EPA, as well as to have an opportunity on the proposed rules for 60 days. Such nesses and landowners who told us of to review and provide comment on the a short period of time for public review other substantive problems with EPA’s cost assessment in the context of the was obviously inadequate given the proposed rules. For example, Tom proposed rule. Now apparently, EPA length of the proposed rules and their Thomson, a certified Tree Farmer from may be making significant changes complexity. Congress intervened and my home State of New Hampshire and that will never have been subject to EPA was ultimately compelled to ex- the owner of the Outstanding North- public comment. In its desire to rush tend the comment deadline for an addi- eastern Tree Farm of 1997, testified to judgment on a final rule, EPA is ef- tional 90 days. that EPA’s proposal to regulate tree fectively neutering the role of public Even before the comment period had farming as a point source and impose participation in the rulemaking proc- closed, however, EPA indicated that TMDLs would just make it harder to ess. nothing would stop it from pushing the do the job of improving water quality. Therefore, Senator CRAPO and I have proposed rules through the process as He explained that through aggressive, drafted legislation that will address quickly as possible. Over the past private and voluntary stewardship, pri- several of the key problems with EPA’s month, EPA has announced its plans to vate woodlot owners all over the coun- proposed rules and, in addition, defer issue final rules before the end of June try are doing a good job to address any further EPA action on the rules in spite of the fact that it received over water quality issues related to for- until the National Academy of estry. Compliance rates now approach 30,000 comments in February, at least Sciences has conducted a study of the 90 percent in many of the States where 27,000 of which were critical of the rule, scientific issues underlying the devel- forestry best management practices, and can hardly have had an oppor- opment and implementation of the BMPs, are in place. Total river and tunity to give these comments serious TMDL program. stream miles impaired due to consideration. There have been at least Senator CRAPO and I are taking the silviculture declined 20 percent just be- six hearings on the proposed rules in first step to not only address some of tween 1994 and 1996. The number of both the House and Senate in which se- the problems raised by EPA’s proposed miles deemed to have ‘‘major impair- rious concerns were raised about: the rules, but also to improve water qual- ment’’ from silviculture fell 83 percent. legality and practicality of the rules; ity on the ground right now. the lack of reliable science underlying In 1996, EPA dropped silviculture from Our bill will do three fundamental the existing TMDL program, not to its list of 7 leading sources of river and things. First, it significantly increases mention any proposed expansion; the stream impairment. That same year, federal funding to $750 million for potential impact on successful State silviculture contributed only 7 percent States to implement programs to ad- programs; the burdens that an ex- of total stream impairment. In Tom’s dress nonpoint source pollution, to as- panded TMDL program would impose word’s this seems to be a classic case of sess the quality of their rivers and on individual landowners and small ‘‘if it ain’t broke, don’t fix it.’’ In this streams, and to collect the data they businesses; and the lack of a completed case, it would seem clear that water need to develop better TMDLs. This cost assessment of the proposed rules. quality issues related to forestry are will represent a significant increase being addressed and progress is being Senator CRAPO has held two hearings from current funding levels for Fiscal so far on EPA’s proposed TMDL rules. made through State BMP programs Year 2000 of $155 million for nonpoint Through that process, and in many and other voluntary, non-regulatory source programs under section 106 and meetings with stakeholders, I have measures undertaken by landowners. section 319 of the Clean Water Act. To his credit, EPA Assistant Admin- heard about all of the problems with More money now will enable land- EPA’s proposed rules—the lack of istrator for the Office of Water, Chuck Fox, has recognized that the proposed owners, businesses, and States to do science, the overly broad scope, prac- rule caused confusion and does have things now on the ground to improve tical problems in implementing the many problems. I met with Mr. Fox water quality—things like putting in rule, trampling of state programs, and last week and was pleased to learn buffer strips and water retention the cost. Let me detail just a few of the from him that EPA has heard at least ponds. With this approach, we won’t comments that I heard. some of the concerns that were raised have to wait 10 or 15 years for EPA to On the question of the science under- and is ready to make some changes to impose new regulatory requirements lying the TMDL program, GAO re- their rule. He indicated that in any on landowners after a lengthy and on- cently issued a report, and provided final rule, EPA would ‘‘drop threatened erous TMDL process. testimony on the basis of the report, waters; allow more flexibility in set- Second, the bill directs the National that States do not have the data they ting priorities; drop the offset require- Academy of Sciences to conduct a need to accurately assess the pollution ments for new pollution; and revise the study on the science used to develop problems in their waters and further, approach for forest pollution.’’ TMDLs and make recommendations do not have the data they need to de- Some of the changes may be signifi- about how to improve it. The NAS will velop TMDLs. In his statement to Sen- cant and that’s good news, but as al- also evaluate existing State programs ator CRAPO’s subcommittee, Peter ways, ‘‘the devil is in the details.’’ I am to look at what works, particularly for Guerrero noted specifically that the still concerned that many of the major nonpoint sources. Better science will ‘‘ability [of the States] to develop problems have not been addressed. I make for better TMDLs. TMDLs is limited by a number of fac- also wonder why, if EPA is willing to Third, it includes a pilot program for tors. . . . [S]hortages in funding and acknowledge that many of the concepts EPA to compare different State ap- staff [were cited] as the major limita- included in the proposed rule were in- proaches to improving water quality. tion to carrying out [the States’] re- deed flawed, it hasn’t been willing to TMDLs should not be the only tool sponsibilities, including developing withdraw the August draft and reissue that we rely on to meet our water qual- TMDLs. In addition, states reported a new proposed rule that reflects its ity goals; they may be appropriate and that they need additional analytical current thoughts. Surely doing that effective for a chemical company, but methods and technical assistance to and seeking public comment on a re- not for a farmer or woodlot owner. develop TMDLs for the more complex, vised rule would result in a better, There are better solutions out there, nonpoint sources of pollution.’’ He more informed end product. It would particularly to deal with the problems went on to state that only three states almost certainly enhance public con- associated with nonpoint source pollu- have the data they need to identify fidence in EPA’s process. However, tion. For example, States are using nonpoint sources of pollution, and only EPA has consistently declined to con- their own authority and incentive- three States have the majority of the sider this approach. based programs under the Safe Drink- data they need to develop TMDLs for In my opinion, EPA simply hasn’t ing Water Act and the farm bill to nonpoint sources. To me, this informa- done the work that must be done to work together with farmers, ranchers,

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2732 CONGRESSIONAL RECORD — SENATE April 13, 2000 loggers and their cities to substan- I cannot imagine having the many parks in Colorado from being pestered by the tially reduce runoff. visitors who tour my home state to constant drone of low-flying planes and the The bottom line is that States, pub- view Colorado’s newest national park thunderous whapping of helicopter blades. Of lic utilities, landowners, and businesses particular concern is the Black Canyon of enjoying the sound of airplanes or heli- the Gunnison. now are spending billions of dollars to copters buzzing overhead while they Aircraft noise has become a huge problem improve water quality. If we are going are trying to listen to the flowing river in some national parks, such as the Grand to ask them to spend billions more— at the bottom of the canyon. Because Canyon. and we are—Congress and EPA have a of the deep, narrow nature of the can- So, when a helicopter tour company want- responsibility to make sure that the yon, rescue and recovery operations for ed to start scenic flights over Rocky Moun- programs we create are based on good, tain National Park in the mid-1990s, Estes aircraft that experience problems Park residents became alarmed. reliable science, and make the best use would be extremely difficult, dan- A temporary ban on commercial flights of limited resources. gerous and costly. over the park was put in place, thanks to ef- Again, it’s not a question of chal- My bill would amend the FAA reau- forts by then-U.S. Rep. Wayne Allard, a Re- lenging the goals of the Clean Water thorization act of 2000 and would only publican who at the time represented the Act; it’s a question of seeking the best restrict overflights on the Black Can- district that includes Estes Park; then-U.S. way to achieve them. yon of the Gunnison National Park. I Rep. David Skaggs, a Democrat who at the time represented the district that includes The bill also includes a provision to worked with my friend and colleague defer the finalization of EPA’s pro- Boulder County, where part of the park is lo- Senator ALLARD for over five years in posed TMDL and related permit rules. cated; and then-U.S. Transportation Sec- support of his effort to get commercial ˜ We’re serious when we say that we retary Federico Pena, a former Denver overflights banned over the Rocky mayor. want EPA to base its regulations on Mountain National Park. Similar ac- But the ban wasn’t really a done deal until good science. And we’re serious when tion by Congress is now necessary for this week. Allard, now a U.S. senator, we say that we want EPA to respect amended the Federal Aviation Administra- the Black Canyon of the Gunnison. the role of the States in solving the tion’s authorization bill to include a perma- I believe National Park visitors seek problem of nonpoint source pollution. nent ban on aircraft tours over Rocky Moun- peacefulness when they visit a national That’s why the bill provides for the Na- tain National Park. U.S. Rep. Bob Schaffer, park and my legislation would help tional Academy of Sciences to look another Republican who now represents provide that. We contacted the Super- Colorado’s Fourth Congressional District, into those issues. We believe that EPA intendent of the Black Canyon of the co-sponsored a similar amendment on the also should welcome the NAS Study Gunnison National Park and he in- House side. and look forward to the opportunity to Unfortunately, their work may not yet be formed us that currently no commer- use that Study to improve its rule. finished. In the last several months, some cial overflights are taking place, but Therefore, the bill directs EPA to re- outdoor recreation groups have raised wor- there may have been flights in the view the NAS Study and take into con- ries that commercial flights could become a sideration the recommendations of the past. problem over the Black Canyon of the Gun- My bill would amend already existing nison National Park. That prospect could National Academy of Sciences before it make it impossible for visitors to enjoy finalizes any new TMDL rule. We be- law and would not negatively affect the operation of emergency, military and standing on the rim and listening to the lieve that in the long run, waiting 18 Gunnison River roar thousands of feet below. months for the NAS analysis will only commercial high-level airlines or private planes. Aircraft noise would echo terribly off the improve the rule and increase public rock walls, and the narrow canyon could confidence in it. The Denver Post recently published present safety problems. Mr. President, I know our critics will an editorial supporting Congressional The use of commercial aircraft is justifi- charge that we are undermining the action on the issue of aircraft noise, able in a few national parks. In Alaska, for Clean Water Act. They could not be citing how such operations would cre- example, airplanes are needed to reach parts of Denali National Park, including the main more wrong. This legislation will en- ate noise which would echo terribly off the walls of the Canyon. As a member climbing route on Mount McKinley. hance the Clean Water Act. By seeking But in the national parks in Colorado, better science and increasing needed of the National Park and Historic Pres- commercial tour flights simply aren’t appro- Federal funding, this bill will strength- ervation Subcommittee, I have con- priate. The state’s congressional delegation en programs on the ground that work— fronted these types of issues in the past should continue to work on the issue. programs that improve water quality and know how important it is for the and help us achieve the fundamental visitors to our national parks to have By Mr. JOHNSON (for himself goals of fishable and swimmable everlasting and fond memories when and Ms. COLLINS): waters. they take the time and effort to visit S. 2419. A bill to amend title 38, I commend Senator CRAPO for his the natural wonders we are blessed United States Code, to provide for the leadership on this issue. I believe that with in this country. annual determination of the rate of the in crafting this legislation, he is taking I ask unanimous consent that the basic benefit of active duty educational an important step in the right direc- Denver Post editorial and the bill be assistance under the Montgomery GI tion. I urge my colleagues to support printed in the RECORD. And, I ask my Bill, and for other purposes; to the this bill. colleagues to support this needed legis- Committee on Veterans’ Affairs. lation. VETERANS’ HIGHER EDUCATION OPPORTUNITIES By Mr. CAMPBELL: There being no objection, the mate- ACT S. 2418. A bill to prohibit commercial rial was ordered to be printed in the Mr. JOHNSON. Mr. President, I rise air tour operations over the Black Can- RECORD, as follows: today to introduce the Veterans Higher yon National Park; to the Committee S. 2418 Education Opportunities Act. I am on Commerce, Science, and Transpor- Be it enacted by the Senate and House of Rep- pleased to be joined by the distin- tation. resentatives of the United States of America in guished Senator COLLINS of Maine in BLACK CANYON OF THE GUNNISON NATIONAL Congress assembled, bringing this important issue to the PARK COMMERCIAL OVERFLIGHTS BAN ACT SECTION 1. PROHIBITION ON CERTAIN COMMER- Senate floor today. Mr. CAMPBELL. Mr. President, CIAL AIR TOUR OPERATIONS. The 1944 GI Bill of Rights is one of today I am introducing legislation that Section 806 of the National Parks Air Tour the most important pieces of legisla- would prohibit commercial tour over- Management Act of 2000 is amended by in- tion ever passed by Congress. No pro- flight operators from flying in and over serting ‘‘or the Black Canyon of the Gunni- gram has been more successful in in- the Black Canyon of the Gunnison Na- son National Park’’ after ‘‘Rocky Mountain creasing educational opportunities for tional Park. The Black Canyon of the National Park’’. our country’s veterans while also pro-

Gunnison National Park, our nation’s KEEP PLANES OUT OF PARKS viding a valuable incentive for the best 55th and newest national park is a and brightest to make a career out of April 10—It took five years, but the won- breathtaking canyon of diverse mag- derful quiet over Rocky Mountain National military service. This bill has allowed nitude, which is why I worked for over Park has been permanently preserved. How- eight million veterans to finish high 13 years to get it dedicated as a na- ever, the state’s congressional delegation school and 2.3 million service members tional park. should take steps to protect other national to attend college.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2733 Unfortunately, without this update There being no objection, the bill was Ms. COLLINS. Mr. President, I am the current GI Bill can no longer de- ordered to be printed in the RECORD, as delighted to join with my friend and liver these results and fails in its prom- follows: colleague, Senator JOHNSON, in intro- ise to recruits and service members. S. 2419 ducing the Veterans’ Higher Education The legislation that Senator COLLINS Be it enacted by the Senate and House of Rep- Opportunities Act of 2000. This legisla- and I are introducing today will take resentatives of the United States of America in tion will provide our veterans with ex- an important first step in modernizing Congress assembled, panded educational opportunities at a the GI Bill. SECTION 1. SHORT TITLE. reasonable cost. Endorsed by the 47- Over 96% of recruits currently sign This Act may be cited as the ‘‘Veterans’ member Partnership for Veterans Edu- up for the Montgomery GI Bill and pay Higher Education Opportunities Act of 2000’’. cation, our legislation provides a new $1,200 out of their first year’s pay to SEC. 2. ANNUAL DETERMINATION OF BASIC BEN- model for today’s GI bill that is log- EFIT OF ACTIVE DUTY EDU- guarantee eligibility. But only one-half CATIONAL ASSISTANCE UNDER THE ical, fair, and worthy of a nation that of these military personnel use any of MONTGOMERY GI BILL. values both higher education and our the current Montgomery GI Bill bene- (a) BASIC BENEFIT.—Section 3015 of title 38, veterans. fits. This is evidence that the current United States Code, is amended— The original GI bill was enacted in GI Bill simply does not meet their (1) in subsection (a)(1), by striking ‘‘of $528 1944. As a result of this initiative, 7.8 needs. (as increased from time to time under sub- million World War II veterans were GI Bill benefits have not kept pace section (g))’’ and inserting ‘‘equal to the average monthly costs of tuition and expenses able to take advantage of postservice with increased costs of education. Dur- for commuter students at public institutions education and training opportunities, ing the 1995–96 school year, the basic of higher education that award bacca- including more than 2 million veterans benefit paid under the Montgomery GI laureate degrees (as determined under sub- who went on to college. My own father Bill offset only 36% of average total section (g))’’; and was among those veterans who served education costs. (2) in subsection (b)(1) by striking ‘‘of $429 bravely in World War II and then came There is wide consensus among na- (as increased from time to time under sub- back home to resume his education tional higher education and veterans section (g))’’ and inserting ‘‘equal to 75 per- with assistance from the GI bill. cent of the average monthly costs of tuition associations that at a minimum, the GI Since that time, various incarnations Bill should pay the costs of attending and expenses for commuter students at public institutions of higher education that of the G.I. Bill have continued to assist the average four-year public institu- award baccalaureate degrees (as determined millions of veterans in taking advan- tion as a commuter student. The cur- under subsection (g))’’. tage of the educational opportunities rent Montgomery GI Bill benefit pays (b) DETERMINATION OF AVERAGE MONTHLY they put on hold in order to serve their only 55% of that cost. COSTS.—Subsection (g) of that section is country. New laws were enacted to pro- amended to read as follows: My legislation creates that bench- vide educational assistance to those mark by indexing the GI Bill to the ‘‘(g)(1) Not later than September 30 each year, the Secretary shall determine the aver- who served in Korea and Vietnam, as costs of attending the average four- well as to those who served during the year public institution as a commuter age monthly costs of tuition and expenses for commuter students at public institutions period in-between. Since the change to student. For example, those costs for of higher education that award bacca- an all-volunteer service, additional ad- the 1999–2000 academic year were $8,774. laureate degrees for purposes of subsections justments to these programs were The Veterans Higher Education Oppor- (a)(1) and (b)(1) for the succeeding fiscal made, leading up to the enactment of tunities Act would thereby require 36 year. The Secretary shall determine such the Montgomery G.I. Bill in 1985. monthly stipends of $975 for a total GI costs utilizing information obtained from The value of the educational benefit Bill benefit of $35,100. This benchmark the College Board or information provided assistance provided by the Mont- cost will be updated annually by the annually by the College Board in its annual gomery G.I. Bill, however, has greatly College Board in order for the GI Bill survey of institutions of higher education. ‘‘(2) In determining the costs of tuition and eroded over time due to inflation and to keep pace. expenses under paragraph (1), the Secretary I am pleased that my legislation has the escalating cost of higher education. shall take into account the following: Military recruiters indicate that the the bipartisan support of Senator COL- ‘‘(A) Tuition and fees. program’s benefits no longer serve as a LINS and the overwhelming support of ‘‘(B) The cost of books and supplies. the Partnership for Veterans’ Edu- ‘‘(C) The cost of board. strong incentive to join the military; cation. This organization includes over ‘‘(D) Transportation costs. nor do they serve as a retention tool 45 veterans groups and higher edu- ‘‘(E) Other nonfixed educational expenses. valuable enough to persuade men and ‘‘(3) A determination made under para- cation organizations including the women to stay in the military and graph (1) in a year shall take effect on Octo- defer the full or part-time pursuit of VFW, the American Council on Edu- ber 1 of that year and apply with respect to cation, the Non Commissioned Officers their higher education until a later basic educational assistance allowances pay- date. Perhaps most important, the pro- Association, the National Association able under this section for the fiscal year be- gram is losing its value as an instru- of State Universities and Land Grant ginning in that year. Colleges, and The Retired Enlisted As- ‘‘(4) Not later than September 30 each year, ment for readjustment into civilian life sociation. the Secretary shall publish in the Federal after military service. Several proposals have been intro- Register the average monthly costs of tui- This point really hit home for me tion and expenses as determined under para- when I recently met with representa- duced in the House that would address graph (1) in that year. the shortfalls of the current GI Bill, tives of the Maine State Approving ‘‘(5) For purposes of this section, the term Agency (SAA) for Veterans Education and I look forward to working with ‘institution of higher education’ has the members of the House and my col- meaning given that term in section 101 of the Programs. They told me of the ever in- leagues in the Senate on this impor- Higher Education Act of 1965 (20 U.S.C. creasing difficulties that service mem- tant issue. 1001).’’. bers are having in using the G.I. Bill’s As the parent of a son who served as (c) STYLISTIC AMENDMENT.—Subsection (b) benefits for education and training. a peacekeeper in Bosnia and who is of that section is further amended in the For example, the Maine representa- matter preceding paragraph (1) by striking tives told me that the majority of to- currently deployed in Kosovo, these ‘‘as provided in the succeeding subsections of military ‘‘quality of life’’ challenges this section’’ and inserting ‘‘as otherwise day’s veterans are married and have are particularly apparent to me. Mak- provided in this section’’. children. Yet, the Montgomery G.I. Bill ing the GI Bill pay for viable edu- (d) EFFECTIVE DATE.—(1) Except as pro- often does not cover the cost of tuition cational opportunity makes as much vided in paragraph (2), the amendments to attend a public institution, let alone sense today as it did following World made by this section shall take effect on Oc- the other costs associated with the War II. The very modest cost of im- tober 1, 2000. pursuit of higher education and those (2) The Secretary of Veterans Affairs shall required to help support a family. proving the GI Bill will result in net make the determination required by sub- gains to our military and our society. section (g) of section 3015 of title 38, United In fact, in constant dollars, with one I ask unanimous consent that the States Code (as amended by subsection (b) of exception, the current G.I. Bill pro- text of the legislation be printed in the this section), and such determination shall vides the lowest level of assistance RECORD. go into effect, for fiscal year 2001. ever to those who served in the defense

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2734 CONGRESSIONAL RECORD — SENATE April 13, 2000 of our country. The basic benefit pro- SEC. 2. LONG-TERM CARE INSURANCE. pheric Administration, the Secretary of gram of the Vietnam Era G.I. Bill pro- (a) IN GENERAL.—Subpart G of part III of Commerce; and vided $493 per month in 1981 to a vet- title 5, United States Code, is amended by ‘‘(D) with respect to the commissioned adding at the end the following: eran with a spouse and two children. corps of the Public Health Service, the Sec- retary of Health and Human Services. Twenty years later, a veteran in iden- ‘‘CHAPTER 90—LONG-TERM CARE INSURANCE ‘‘§ 9002. Availability of insurance tical circumstances receives only $43 ‘‘Sec. ‘‘(a) IN GENERAL.—The Office of Personnel more, a mere 8% increase over a time ‘‘9001. Definitions. period when inflation has nearly dou- ‘‘9002. Availability of insurance. Management shall establish and, in consulta- bled, and a dollar buys only half of ‘‘9003. Contracting authority. tion with the appropriate Secretaries, administer a program through which an indi- what it once purchased. ‘‘9004. Financing. ‘‘9005. Preemption. vidual described in paragraph (1), (2), (3), (4), To address these problems, we are of- ‘‘9006. Studies, reports, and audits. or (5) of section 9001 may obtain long-term fering a modern version of the Mont- ‘‘9007. Jurisdiction of courts. care insurance coverage under this chapter gomery G. I. Bill. This new model es- ‘‘9008. Administrative functions. for such individual. ‘‘9009. Cost accounting standards. tablishes a sensible, easily understood ‘‘(b) GENERAL REQUIREMENTS.—Long-term benchmark for G.I. Bill benefits. The ‘‘§ 9001. Definitions care insurance may not be offered under this benchmark sets G.I. Bill benefits at For purposes of this chapter: chapter unless— ‘‘the average monthly costs of tuition ‘‘(1) EMPLOYEE.—The term ‘employee’ ‘‘(1) the only coverage provided is under and expenses for commuter students at means— qualified long-term care insurance contracts; ‘‘(A) an employee as defined by section public institutions of higher education and 8901(1); and ‘‘(2) each insurance contract under which that award baccalaureate degrees.’’ ‘‘(B) an individual described in section any such coverage is provided is issued by a This commonsense provision would 2105(e); qualified carrier. serve as the foundation upon which fu- but does not include an individual employed ‘‘(c) DOCUMENTATION REQUIREMENT.—As a ture education stipends for all veterans by the government of the District of Colum- condition for obtaining long-term care insur- would be based and would set benefits bia. ance coverage under this chapter based on at a level sufficient to provide veterans ‘‘(2) ANNUITANT.—The term ‘annuitant’ has one’s status as a qualified relative, an appli- the meaning such term would have under the education promised to them at re- cant shall provide documentation to dem- paragraph (3) of section 8901 if, for purposes onstrate the relationship, as prescribed by cruitment. of such paragraph, the term ‘employee’ were The current G.I. Bill now provides the Office. considered to have the meaning given to it ‘‘(d) UNDERWRITING STANDARDS.— nine monthly $536 stipends per year for under paragraph (1) of this subsection. ‘‘(1) DISQUALIFYING CONDITION.—Nothing in four years. The total benefit is $19,296. ‘‘(3) MEMBER OF THE UNIFORMED SERVICES.— this chapter shall be considered to require Under the new benchmark established The term ‘member of the uniformed services’ that long-term care insurance coverage be by this legislation, the monthly sti- means a member of the uniformed services, made available in the case of any individual pend for the this academic year would other than a retired member of the uni- who would be eligible for benefits imme- be $975, producing a new total benefit formed services. diately. ‘‘(4) RETIRED MEMBER OF THE UNIFORMED ‘‘(2) SPOUSAL PARITY.—For the purpose of of $35,100 for the four academic years. SERVICES.—The term ‘retired member of the Mr. President, today’s G.I. Bill is underwriting standards, a spouse of an indi- uniformed services’ means a member or vidual described in paragraph (1), (2), (3), or woefully under-funded and does not former member of the uniformed services en- provide the financial support necessary (4) of section 9001 shall, as nearly as prac- titled to retired or retainer pay. ticable, be treated like that individual. ‘‘(5) QUALIFIED RELATIVE.—The term ‘quali- for our veterans to meet their edu- ‘‘(3) GUARANTEED ISSUE.—Nothing in this cational goals. The legislation that we fied relative’ means each of the following: chapter shall be considered to require that are proposing would fulfill the promise ‘‘(A) The spouse of an individual described long-term care insurance coverage be guar- made to our nation’s veterans, help in paragraph (1), (2), (3), or (4). anteed to an eligible individual. ‘‘(B) A parent, stepparent, or parent-in-law ‘‘(4) REQUIREMENT THAT CONTRACT BE FULLY with recruiting and retention of men of an individual described in paragraph (1) or and women in our military, and reflect INSURED.—In addition to the requirements (3). otherwise applicable under section 9001(9), in current costs of higher education. Now ‘‘(C) A child (including an adopted child, a is the time to enact these modest im- order to be considered a qualified long-term stepchild, or, to the extent the Office of Per- care insurance contract for purposes of this provements to the basic benefit pro- sonnel Management by regulation provides, chapter, a contract must be fully insured, gram of the Montgomery G.I. Bill. a foster child) of an individual described in whether through reinsurance with other I urge all members of the Senate to paragraph (1), (2), (3), or (4), if such child is companies or otherwise. at least 18 years of age. join Senator JOHNSON and myself in ‘‘(5) HIGHER STANDARDS ALLOWABLE.—Noth- support of the Veterans’ Higher Edu- ‘‘(D) An individual having such other rela- ing in this chapter shall, in the case of an in- tionship to an individual described in para- cation Opportunities Act. dividual applying for long-term care insur- graph (1), (2), (3), or (4) as the Office may by ance coverage under this chapter after the regulation prescribe. By Mr. GRASSLEY (for himself, expiration of such individual’s first oppor- ‘‘(6) ELIGIBLE INDIVIDUAL.—The term ‘eligi- Ms. MIKULSKI, Ms. COLLINS, and tunity to enroll, preclude the application of ble individual’ refers to an individual de- underwriting standards more stringent than Mr. CLELAND): scribed in paragraph (1), (2), (3), (4), or (5). S. 2420. A bill to amend title 5, those that would have applied if that oppor- ‘‘(7) QUALIFIED CARRIER.—The term ‘quali- tunity had not yet expired. United States Code, to provide for the fied carrier’ means an insurance company (or ‘‘(e) GUARANTEED RENEWABILITY.—The ben- consortium of insurance companies) that is establishment of a program under efits and coverage made available to eligible licensed to issue long-term care insurance in which long-term care insurance is individuals under any insurance contract all States, taking any subsidiaries of such a made available to Federal employees, under this chapter shall be guaranteed re- company into account (and, in the case of a members of the uniformed services, newable (as defined by section 7A(2) of the consortium, considering the member compa- model regulations described in section and civilian and military retirees, and nies and any subsidiaries thereof, collec- 7702B(g)(2) of the Internal Revenue Code of for other purposes; to the Committee tively). 1986), including the right to have insurance on Governmental Affairs. ‘‘(8) STATE.—The term ‘State’ includes the remain in effect so long as premiums con- LONG-TERM CARE SECURITY ACT District of Columbia. tinue to be timely made. However, the au- ‘‘(9) QUALIFIED LONG-TERM CARE INSURANCE Mr. GRASSLEY. Mr. President, I ask thority to revise premiums under this chap- CONTRACT.—The term ‘qualified long-term unanimous consent that the text of the ter shall be available only on a class basis care insurance contract’ has the meaning bill be printed in the RECORD. and only to the extent otherwise allowable given such term by section 7702B of the In- There being no objection, the bill was under section 9003(b). ternal Revenue Code of 1986. ordered to be printed in the RECORD, as ‘‘(10) APPROPRIATE SECRETARY.—The term ‘‘§ 9003. Contracting authority follows: ‘appropriate Secretary’ means— ‘‘(a) IN GENERAL.—The Office of Personnel S. 2420 ‘‘(A) except as otherwise provided in this Management shall, without regard to section Be it enacted by the Senate and House of Rep- paragraph, the Secretary of Defense; 5 of title 41 or any other statute requiring resentatives of the United States of America in ‘‘(B) with respect to the Coast Guard when competitive bidding, contract with 1 or more Congress assembled, it is not operating as a service of the Navy, qualified carriers for a policy or policies of SECTION 1. SHORT TITLE. the Secretary of Transportation; long-term care insurance. The Office shall This Act may be cited as the ‘‘Long-Term ‘‘(C) with respect to the commissioned ensure that each resulting contract (herein- Care Security Act’’. corps of the National Oceanic and Atmos- after in this chapter referred to as a ‘master

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2735 contract’) is awarded on the basis of con- surer, and the Office (or duly designated annuity, or retired or retainer pay (as re- tractor qualifications, price, and reasonable third-party administrator) under such conferred to in subsection (b)(1)) is insufficient competition. tract shall continue with respect to such in- to cover the withholding required for enroll- ‘‘(b) TERMS AND CONDITIONS.— dividual until the termination of coverage of ment (or who is not receiving any regular ‘‘(1) IN GENERAL.—Each master contract the enrolled individual or the effective date amounts from the Government, as referred under this chapter shall contain— of a successor contract thereto. to in subsection (b)(1), from which any such ‘‘(A) a detailed statement of the benefits ‘‘(2) EXCEPTION.— withholdings may be made, and whose pre- offered (including any maximums, limita- ‘‘(A) SHORTER DURATION.—In the case of a miums are not otherwise being provided for tions, exclusions, and other definitions of master contract entered into before the end under subsection (b)(2)) shall pay an amount benefits); of the period described in subparagraph (B), equal to the full amount of those charges di- ‘‘(B) the premiums charged (including any paragraph (1) shall be applied by substituting rectly to the carrier. limitations or other conditions on their sub- ‘ending on the last day of the 7-year period ‘‘(e) SEPARATE ACCOUNTING REQUIREMENT.— sequent adjustment); described in paragraph (2)(B)’ for ‘of 7 years’. Each carrier participating under this chapter ‘‘(C) the terms of the enrollment period; ‘‘(B) DEFINITION.—The period described in shall maintain records that permit it to ac- and this subparagraph is the 7-year period begin- count for all amounts received under this ‘‘(D) such other terms and conditions as ning on the earliest date as of which any chapter (including investment earnings on may be mutually agreed to by the Office and long-term care insurance coverage under those amounts) separate and apart from all the carrier involved, consistent with the re- this chapter becomes effective. other funds. quirements of this chapter. ‘‘(3) CONGRESSIONAL NOTIFICATION.—No ‘‘(f) REIMBURSEMENTS.— ‘‘(2) PREMIUMS.—Premiums charged under later than 180 days after receiving the second ‘‘(1) REASONABLE INITIAL COSTS.— each master contract entered into under this report required under section 9006(c), the ‘‘(A) IN GENERAL.—The Employees’ Life In- section shall reasonably and equitably re- President (or his designee) shall submit to surance Fund is available, without fiscal flect the cost of the benefits provided, as de- the Committees on Government Reform and year limitation, for reasonable expenses in- termined by the Office. The premiums shall on Armed Services of the House of Rep- curred by the Office of Personnel Manage- not be adjusted during the term of the con- resentatives and the Committees on Govern- ment in administering this chapter before tract unless mutually agreed to by the Office mental Affairs and on Armed Services of the the start of the 7-year period described in and the carrier. Senate, a written recommendation as to section 9003(d)(2)(B), including reasonable ‘‘(3) NONRENEWABILITY.—Master contracts whether the program under this chapter implementation costs. under this chapter may not be made auto- should be continued without modification, ‘‘(B) REIMBURSEMENT REQUIREMENT.—Such matically renewable. terminated, or restructured. During the 180- Fund shall be reimbursed, before the end of ‘‘(c) PAYMENT OF REQUIRED BENEFITS; DIS- day period following the date on which the the first year of that 7-year period, for all PUTE RESOLUTION.— President (or his designee) submits the rec- amounts obligated or expended under sub- ‘‘(1) IN GENERAL.—Each master contract ommendation required under the preceding paragraph (A) (including lost investment in- under this chapter shall require the carrier come). Such reimbursement shall be made by to agree— sentence, the Office of Personnel Manage- ment may not take any steps to rebid or oth- carriers, on a pro rata basis, in accordance ‘‘(A) to provide payments or benefits to an with appropriate provisions which shall be eligible individual if such individual is enti- erwise contract for any coverage to be available at any time following the expiration of included in master contracts under this tled thereto under the terms of the contract; chapter. and the 7-year period described in paragraph ‘‘(2) SUBSEQUENT COSTS.— ‘‘(B) with respect to disputes regarding (2)(B). ‘‘(A) IN GENERAL.—There is hereby estab- claims for payments or benefits under the ‘‘(4) FULL PORTABILITY.—Each master contract under this chapter shall include such lished in the Employees’ Life Insurance Fund terms of the contract— a Long-Term Care Administrative Account, ‘‘(i) to establish internal procedures de- provisions as may be necessary to ensure that, once an individual becomes duly en- which shall be available to the Office, with- signed to expeditiously resolve such dis- out fiscal year limitation, to defray reason- putes; and rolled, long-term care insurance coverage obtained by such individual pursuant to that able expenses incurred by the Office in ad- ‘‘(ii) to establish, for disputes not resolved ministering this chapter after the start of through procedures under clause (i), proce- enrollment shall not be terminated due to any change in status (such as separation the 7-year period described in section dures for 1 or more alternative means of dis- 9003(d)(2)(B). pute resolution involving independent third- from Government service or the uniformed ‘‘(B) REIMBURSEMENT REQUIREMENT.—Each party review under appropriate cir- services) or ceasing to meet the requirements for being considered a qualified rel- master contract under this chapter shall in- cumstances by entities mutually acceptable clude appropriate provisions under which the to the Office and the carrier. ative (whether as a result of dissolution of marriage or otherwise). carrier involved shall, during each year, ‘‘(2) ELIGIBILITY.—A carrier’s determina- make such periodic contributions to the ‘‘§ 9004. Financing tion as to whether or not a particular indi- Long-Term Care Administrative Account as vidual is eligible to obtain long-term care in- ‘‘(a) IN GENERAL.—Each eligible individual necessary to ensure that the reasonable an- surance coverage under this chapter shall be obtaining long-term care insurance coverage ticipated expenses of the Office in admin- subject to review only to the extent and in under this chapter shall be responsible for istering this chapter during such year (ad- the manner provided in the applicable mas- 100 percent of the premiums for such cov- justed to reconcile for any earlier overesti- ter contract. erage. mates or underestimates under this subpara- ‘‘(3) OTHER CLAIMS.—For purposes of apply- ‘‘(b) WITHHOLDINGS.— graph) are defrayed. ing the Contract Disputes Act of 1978 to dis- ‘‘(1) IN GENERAL.—The amount necessary to putes arising under this chapter between a pay the premiums for enrollment may— ‘‘§ 9005. Preemption carrier and the Office— ‘‘(A) in the case of an employee, be with- ‘‘The terms of any contract under this ‘‘(A) the agency board having jurisdiction held from the pay of such employee; chapter which relate to the nature, provi- to decide an appeal relative to such a dispute ‘‘(B) in the case of an annuitant, be with- sion, or extent of coverage or benefits (in- shall be such board of contract appeals as held from the annuity of such annuitant; cluding payments with respect to benefits) the Director of the Office of Personnel Man- ‘‘(C) in the case of a member of the uni- shall supersede and preempt any State or agement shall specify in writing (after ap- formed services described in section 9001(3), local law, or any regulation issued there- propriate arrangements, as described in sec- be withheld from the basic pay of such mem- under, which relates to long-term care insur- tion 8(c) of such Act); and ber; and ance or contracts. ‘‘(B) the district courts of the United ‘‘(D) in the case of a retired member of the ‘‘§ 9006. Studies, reports, and audits States shall have original jurisdiction, con- uniformed services described in section ‘‘(a) PROVISIONS RELATING TO CARRIERS.— current with the United States Court of Fed- 9001(4), be withheld from the retired pay or Each master contract under this chapter eral Claims, of any action described in sec- retainer pay payable to such member. shall contain provisions requiring the car- tion 10(a)(1) of such Act relative to such a ‘‘(2) VOLUNTARY WITHHOLDINGS FOR QUALI- rier— dispute. FIED RELATIVES.—Withholdings to pay the ‘‘(1) to furnish such reasonable reports as ‘‘(4) RULE OF CONSTRUCTION.—Nothing in premiums for enrollment of a qualified rel- the Office of Personnel Management deter- this chapter shall be considered to grant au- ative may, upon election of the appropriate mines to be necessary to enable it to carry thority for the Office or a third-party re- eligible individual (described in section out its functions under this chapter; and viewer to change the terms of any contract 9001(1)–(4)), be withheld under paragraph (1) ‘‘(2) to permit the Office and representa- under this chapter. to the same extent and in the same manner tives of the General Accounting Office to ex- ‘‘(d) DURATION.— as if enrollment were for such individual. amine such records of the carrier as may be ‘‘(1) IN GENERAL.—Each master contract ‘‘(c) DIRECT PAYMENTS.—All amounts with- necessary to carry out the purposes of this under this chapter shall be for a term of 7 held under this section shall be paid directly chapter. years, unless terminated earlier by the Of- to the carrier. ‘‘(b) PROVISIONS RELATING TO FEDERAL fice in accordance with the terms of such ‘‘(d) OTHER FORMS OF PAYMENT.—Any en- AGENCIES.—Each Federal agency shall keep contract. However, the rights and respon- rollee who does not elect to have premiums such records, make such certifications, and sibilities of the enrolled individual, the in- withheld under subsection (b) or whose pay, furnish the Office, the carrier, or both, with

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2736 CONGRESSIONAL RECORD — SENATE April 13, 2000 such information and reports as the Office to other means of accumulating or otherwise operators and other commercial land- may require. acquiring the assets that may be needed to lords when it comes to cash rent in- ‘‘(c) REPORTS BY THE GENERAL ACCOUNTING meet the costs of long-term care, such as come. OFFICE.—The General Accounting Office through tax-qualified retirement programs As a result of a 1996 Tax Court deci- shall prepare and submit to the President, or other investment vehicles. the Office of Personnel Management, and sion, the IRS has now expanded the ‘‘§ 9009. Cost accounting standards each House of Congress, before the end of the reach of the self-employment tax to in- third and fifth years during which the pro- ‘‘The cost accounting standards issued pur- clude all farm landlords, whether or gram under this chapter is in effect, a writ- suant to section 26(f) of the Office of Federal not they are active participants in the ten report evaluating such program. Each Procurement Policy Act (41 U.S.C. 422(f)) shall not apply with respect to a long-term farming activity. My proposal would such report shall include an analysis of the restore the pre-1996 status quo, turning competitiveness of the program, as compared care insurance contract under this chapter.’’. to both group and individual coverage gen- (b) CONFORMING AMENDMENT.—The analysis back this unilateral action by the IRS. erally available to individuals in the private for part III of title 5, United States Code, is My proposal also includes language to insurance market. The Office shall cooperate amended by adding at the end of subpart G clarify the Conservation Reserve Pro- with the General Accounting Office to pro- the following: gram payments are not subject to the vide periodic evaluations of the program. ‘‘90. Long-Term Care Insurance ... 9001.’’. self-employment tax. Again, we have ‘‘§ 9007. Jurisdiction of courts SEC. 3. EFFECTIVE DATE. an interpretation by the Internal Rev- ‘‘The district courts of the United States The Office of Personnel Management shall enue Service that we think is badly have original jurisdiction of a civil action or take such measures as may be necessary to flawed and ought to be reversed. claim described in paragraph (1) or (2) of sec- ensure that long-term care insurance cov- This legislation provides capital tion 9003(c), after such administrative rem- erage under title 5, United States Code, as gains relief on the sale of farm resi- edies as required under such paragraph (1) or amended by this Act, may be obtained in (2) (as applicable) have been exhausted, but time to take effect not later than the first dences and farmland. Farm families only to the extent judicial review is not pre- day of the first applicable pay period of the frequently cannot take full advantage cluded by any dispute resolution or other first fiscal year which begins after the end of of the $500,000 capital gains tax exemp- remedy under this chapter. the 18-month period beginning on the date of tion that we provide nonfarm resi- ‘‘§ 9008. Administrative functions enactment of this Act. dents. That is because the IRS sepa- ‘‘(a) IN GENERAL.—The Office of Personnel rates the value of a farmer’s house Management shall prescribe regulations nec- By Mr. CONRAD: from the contiguous land. The value of essary to carry out this chapter. S. 2422. A bill to amend the Internal the home often turns out to be neg- ‘‘(b) ENROLLMENT PERIODS.—The Office Revenue Code of 1986 to provide tax in- ligible because the IRS often judges shall provide for periodic coordinated enroll- centives for farm relief and economic ment, promotion, and education efforts in homes located far out in the country to consultation with the carriers. development, and for other purposes; to have very little value. In fact, it is ‘‘(c) CONSULTATION.—Any regulations nec- the Committee on Finance. often the case it has very little in the essary to effect the application and oper- FARM RELIEF AND ECONOMIC DEVELOPMENT ACT way of market value when it is de- ation of this chapter with respect to an eligi- OF 2000 tached from the land that surrounds ble individual described in paragraph (3) or Mr. CONRAD. Mr. President, I rise (4) of section 9001, or a qualified relative that farmstead. My proposal would thereof, shall be prescribed by the Office in today to introduce the Farm Relief and allow the exclusion of $500,000 that we consultation with the appropriate Secretary. Economic Development Act of 2000. We currently allow homeowners to be ap- ‘‘(d) INFORMED DECISIONMAKING.—The Of- have farmers who are in the deepest plied to the sale of a farmer’s home and fice shall ensure that each eligible individual trouble they have been in in 50 years: up to 160 acres of surrounding farm- applying for long-term care insurance under the lowest prices in 50 years, a series of land. this chapter is furnished the information natural disasters in many parts of the The next element of my legislation is necessary to enable that individual to evalu- country, and an economic environment ate the advantages and disadvantages of ob- Aggie bonds. Finding ways to encour- taining long-term care insurance under this in which our major competitors are age people to start farming is not easy. chapter, including the following: outgunning us 60 to 1 in agricultural Aggie bonds are helping by reducing ‘‘(1) The principal long-term care benefits export support, by 10 to 1 in internal the cost of credit and stimulating in- and coverage available under this chapter, support. The result is tens of thousands vestment in agriculture. This proposal and how those benefits and coverage com- of farm families are faced with failure would exclude Aggie bonds from the pare to the range of long-term care benefits unless we respond. State volume cap. It would not change and coverage otherwise generally available. The Department of Agriculture has the loan limit, nor would it affect any ‘‘(2) Representative examples of the cost of told us that farm income will drop $8 long-term care, and the sufficiency of the additional limitations or qualifications benefits available under this chapter relative billion if we fail to act. As part of an imposed by the 16 States which partici- to those costs. The information under this overall response, today I am intro- pate in the program. paragraph shall also include— ducing legislation that I term the My proposal provides capital gains ‘‘(A) the projected effect of inflation on the ‘‘Farm Relief and Economic Develop- tax relief for farmers leaving farming. value of those benefits; and ment Act of 2000.’’ There is no question The farmer who decides to leave under ‘‘(B) a comparison of the inflation-adjusted in my mind that the best action Con- enormous financial pressure today value of those benefits to the projected fu- gress could take on farm policy would often finds the IRS waiting with its ture costs of long-term care. be to rewrite the farm bill. But that is ‘‘(3) Any rights individuals under this hand out. When property is sold at auc- chapter may have to cancel coverage, and to unlikely to happen this year. tion in order to satisfy debt, the farm- receive a total or partial refund of pre- There are parts of the Internal Rev- ers will often realize a very significant miums. The information under this para- enue Code that create unnecessary capital gain, even though they really graph shall also include— problems for farmers that we can ad- have losses because the value of the ‘‘(A) the projected number or percentage of dress. The essential elements of this property has gone up while the debt individuals likely to fail to maintain their bill are provisions to address farm and may have gone up even more dramati- coverage (determined based on lapse rates ranch risk management accounts. This cally. This proposal would provide a experienced under similar group long-term proposal would allow farmers to make care insurance programs and, when avail- once-in-a-lifetime capital gains exclu- able, this chapter); and contributions to tax-deferred accounts, sion for farmers who decide or are pres- ‘‘(B)(i) a summary description of how and which would be known as farm and sured to leave agriculture. when premiums for long-term care insurance ranch risk management accounts. Next, this proposal addresses net op- under this chapter may be raised; Those accounts would provide farmers erating losses of farmers. My proposal ‘‘(ii) the premium history during the last with a valuable new tool for managing would lengthen the carryback period 10 years for each qualified carrier offering money in a way that best benefits each for net operating losses for farmers to long-term care insurance under this chapter; farmer’s own operations. 10 years. Because of the volatility in and The second key element of this legis- ‘‘(iii) if cost increases are anticipated, the the income of farmers, we believe it projected premiums for a typical insured in- lation is clarifying the self-employ- makes sense to allow them a net oper- dividual at various ages. ment tax that applies to farm lease in- ating loss over an extended period. ‘‘(4) The advantages and disadvantages of come. A farm landlord should be treat- Next, this proposal I am offering long-term care insurance generally, relative ed no differently than small business today deals with estate valuation. We

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2737 have the special use valuation, in order versarial process. This judicial process There being no objection, the bill was to help farmers keep their farms in- is the most effective means of getting ordered to be printed in the RECORD, as tact. The definitions that trigger the at truth and rendering justice. The follows: recapture, unfortunately, are too rigid. United States Supreme Court in a se- S. 2423 If the farm can remain a going concern ries of cases has recognized the impor- Be it enacted by the Senate and House of Rep- by renting some portion of it to other tance of the right to counsel in imple- resentatives of the United States of America in family members, I believe the family menting the Sixth Amendment’s guar- Congress assembled, should be able to still enjoy the bene- antee of a fair trial and the Fourteenth SECTION 1. FEDERAL PERKINS LOAN CANCELLA- fits of special use valuation. My pro- Amendment’s due process clause re- TION FOR PUBLIC DEFENDERS. posal would provide that an heir could quiring counsel to be appointed for all (a) FINDINGS.—Congress makes the fol- rent the family farm to family mem- persons accused of offenses in which lowing findings: bers for the purpose of farming without there is a possibility of a jail term (1) The Department of Education has triggering the recapture provisions. being imposed. issued clarifications that prosecuting attor- Next, my proposal deals with farmer Absent adequate counsel for all par- neys are among the class of law enforcement cooperatives. This proposal would pro- ties, there is a danger that the out- officers eligible for benefits under the Fed- vide cooperatives with the same declar- come may be determined not by who eral Perkins Loan cancellation program. atory relief procedures available to has the most convincing case but by (2) Like prosecutors, public defenders also other tax-exempt entities when their meet all the eligibility requirements of the who has the most resources. The Court Federal Perkins Loan cancellation program tax-exempt status is denied. rightly addressed this possible mis- as set forth in Federal regulations. Finally, my proposal deals with in- carriage of justice by requiring counsel (3) Public defenders are law enforcement come averaging for farmers and the al- to be appointed for the accused. Public officers who play an integral role in our Na- ternative minimum tax. Because of defenders fill this Court mandated role tion’s adversarial legal process. Public de- interaction between the income aver- by representing the interests of crimi- fenders fill the Supreme Court mandated aging provisions of the code and the al- nally accused indigent persons. They role requiring that counsel be appointed for ternative minimum tax, some farmers give indigent defendants sufficient re- the accused, by representing the interests of who elect to take advantage of income criminally accused indigent persons. sources to present an adequate defense, (4) In order to encourage highly qualified averaging are finding themselves sub- so that the public goal of truth and jus- ject to alternative minimum tax. That attorneys to serve as public defenders, public tice will govern the outcome. defenders should be included with prosecu- was never intended. This outcome The Department of Education’s inter- tors among the class of law enforcement offi- should be changed so farmers receive pretation of the statue to exclude pub- cers eligible to receive benefits under the the full benefit of income averaging. lic defenders from the loan forgiveness Federal Perkins Loan cancellation program. This proposal would provide that a program undermines the goals set forth (b) AMENDMENT.—Section 465(a)(2)(F) of the farmer who elects income averaging by the Supreme Court to equalize ac- Higher Education Act of 1965 (20 U.S.C. would not then face an increase in cess to legal resources. It creates an 1087ee(a)(2)(F)) is amended by inserting ‘‘, or as a full-time public defender for service to AMT liability. obvious disparity of resources between With that, Mr. President, I send the local, State, or Federal governments (di- public defenders and prosecutors by en- bill to the desk and ask for its referral. rectly or by a contract with a private, non- couraging talented individuals to pur- I hope colleagues will support this leg- profit organization)’’ after ‘‘agencies’’. sue public service as prosecutors but islation. (c) EFFECTIVE DATE.—The amendment not as defenders. The criminal justice made by this section shall apply to— By Mr. DURBIN: system works best when both sides are (1) loans made under this part, whether S. 2423. A bill to provide Federal Per- adequately represented. The public in- made before, on, or after the date of enact- kins Loan cancellation for public de- terest is served when indigent defend- ment of this Act; and ants have access to talented defenders. (2) service as a public defender that is pro- fenders; to the Committee on Health, vided on or after the date of enactment of Education, Labor, and Pensions. One of the ways to facilitate this goal this Act. is by granting loan cancellation bene- FEDERAL PERKINS LOAN CANCELLATION FOR (d) CONSTRUCTION.—Nothing in this section PUBLIC DEFENDERS fits to defense attorneys. shall be construed to authorize the refunding ∑ Mr. DURBIN. Mr. President, today I Moreover, public defense attorneys of any repayment of a loan.∑ am introducing legislation with Sen- meet all the eligibility requirements of ators FEINSTEIN, DODD, WELLSTONE, the loan forgiveness program as set By Mr. JEFFORDS (for himself, and BINGAMAN to include full-time pub- forth in current federal regulations. Mr. MOYNIHAN, Mr. SCHUMER, lic defense attorneys in the Federal They belong to publicly funded public Mr. DODD, Mr. KENNEDY, and Perkins Loan forgiveness program for defender agencies and they are sworn Mr. LIEBERMAN): law enforcement officers. This amend- officers of the court whose principal re- S. 2429. A bill to amend the Energy ment will provide parity to public de- sponsibilities are unique to the crimi- Conservation and Production Act to fense attorneys and uphold the goals nal justice system and are essential in make changes in the Weatherization set forth by the Supreme Court to the performance of the agencies’ pri- Assistance Program for Low-Income equalize access to legal resources. Rep- mary mission. In addition, like pros- Persons; to the Committee on Energy resentative TOM CAMPBELL of Cali- ecuting attorneys, public defenders are and Natural Resources. fornia will be introducing a similar bill law enforcement officers dedicated to WEATHERIZATION IMPROVEMENT ACT OF 2000 in the House. upholding, protecting, and enforcing Under section 465(a)(2)(F) of the our laws. Without public defense attor- Mr. JEFFORDS. Mr. President, I rise Higher Education Act of 1965, a bor- neys, the adversarial process of our today to introduce the Weatherization rower with a loan made under the Fed- criminal justice system could not Improvement Act of 2000. eral Perkins Loan Program is eligible operate. As this past winter has dem- to have the loan canceled for serving I urge my colleagues to join me, Sen- onstrated, cold temperatures and high full-time as a law enforcement officer ator FEINSTEIN, Senator DODD, Senator fuel costs can result in severe hardship or corrections officer in a local, State, WELLSTONE, Senator BINGAMAN, and for many of our low-income house- or Federal law enforcement or correc- Representative CAMPBELL in sup- holds, particularly those with children, tions agency. While the rules governing porting the goal of equalized access to elderly, and disabled members. Pre- borrower eligibility for law enforce- legal resources, as set forth in the Con- ventative energy efficiency measures ment cancellation have been inter- stitution and elucidated by the Su- are vital to ensure that low-income preted by the Department of Education preme Court, by providing parity to consumers spend less money keeping to include prosecuting attorneys, pub- public defenders and allowing them to their families warm on cold winter lic defenders have been excluded from join prosecutors in receiving loan can- nights. It is estimated that invest- the loan forgiveness program. This pol- cellation benefits. ments in Weatherization can save a icy must be amended. Mr. President, I ask unanimous con- typical household $193 in annual gas Like prosecutors, public defense at- sent that the text of the bill be printed energy costs. While improving energy torneys play an integral role in our ad- in the RECORD. efficiency through work such as air-

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2738 CONGRESSIONAL RECORD — SENATE April 13, 2000 sealing and insulation work is an admi- the mainstay of how we communicate tial attack would only prompt com- rable goal, the Weatherization Assist- and do business. This plain fact was mitted criminals and terrorists to ance Program also has become an im- amply demonstrated by the recent switch tactics and use new tech- portant tool in addressing the health hacker attacks on E-Trade, ZDNet, nologies to reach vulnerable softer tar- and safely of our low-income families. Datek, Yahoo, eBay, Amazon.com and gets, such as our computer systems and The Weatherization Improvement other Internet sites. These attacks other critical infrastructures. The gov- Act of 2000 seeks to further this com- raise serious questions about Internet ernment has a responsibility to work mitment. The legislation will amend security—questions that we need to an- with those in the private sector to as- the average per dwelling unit cost to swer to ensure the long-term stability sess those vulnerabilities and defend incorporate intensive costs, such as of electronic commerce. More impor- them. That means making sure our law costs of furnace or cooling replace- tantly, a well-focused and more malign enforcement agencies have the tools ments, reducing the administrative cyber-attack on computer networks they need, but also that the govern- burden of tracking these costs sepa- that support telecommunications, ment does not stand in the way of rately; increase the average cost per transportation, water supply, banking, smart technical solutions to defend our home, beginning this year, to $2,500 (up electrical power and other critical in- computer systems. from $2,032 for 1999); and eliminate the frastructure systems could wreak Targeting cybercrime with up-to- statutory requirement that at least 40 havoc on our national economy or even date criminal laws and tougher law en- percent of funds be spent on materials. jeopardize our national defense. We forcement is only part of the solution. These changes are necessary to im- have learned that even law enforce- While criminal penalties may deter prove the effectiveness of the Weather- ment is not immune. Just recently we some computer criminals, these laws usually come into play too late, after ization, and are long overdue. learned of a denial of service attack Lastly, the legislation repeals the 25 successfully perpetrated against a FBI the crime has been committed and the percent state matching requirement web site, shutting down that site for injury inflicted. We should keep in mind the adage that the best defense is for the Weatherization Assistance Pro- several hours. a good offense. Americans and Amer- gram set to begin in FY2001, which was The cybercrime problem is growing. ican firms must be encouraged to take included in the FY2000 Interior Appro- The reports of the CERT Coordination preventive measures to protect their priations legislation. While many Center (formerly called the ‘‘Computer Emergency Response Team’’), which computer information and systems. states, utilities, and private organiza- Just recently, internet providers and tions have leveraged large amounts of was established in 1988 to help the Internet community detect and resolve companies such as Yahoo! and Ama- money in support of the Weatheriza- zon.com Inc., and computer hardware computer security incidents, provide tion Assistance Program, not every companies such a Cisco Systems Inc., chilling statistics on the state is in the same financial situation. proved successful at stemming attacks vulnerabilities of the Internet and the There needs to be national commit- within hours thereby limiting losses. ment to energy efficiency for low in- scope of the problem. Over the last dec- That is why, for years, I have advo- come Americans and affordable hous- ade, the number of reported computer cated and sponsored legislation to ening. This is part of that commitment. security incidents grew from 6 in 1988 courage the widespread use of strong to more than 8,000 in 1999. But that encryption. Encryption is an important By Mr. LEAHY: alone does not reveal the scope of the tool in our arsenal to protect the secu- S. 2430. A bill to combat computer problem. According to CERT’s most re- rity of our computer information and hacking through enhanced law enforce- cent annual report, more than four networks. The Administration made ment and to protect the privacy and million computer hosts were affected enormous progress earlier this year constitutional rights of Americans, and by the computer security incidents in when it issued new regulations relaxing for other purposes; to the Committee 1999 alone by damaging computer vi- export controls on strong encryption. on the Judiciary. ruses, with names like ‘‘Melissa,’’ Of course, encryption technology can- INTERNET SECURITY ACT OF 2000 ‘‘Chernobyl,’’ ‘‘ExploreZip,’’ and by the not be the sole source of protection for Mr. LEAHY. Mr. President, as we other ways that remote intruders have our critical computer networks and head into the twenty-first century, found to exploit system vulnerabilities. computer-based infrastructure, but we computer-related crime is one of the Even before the recent headline-grab- need to make sure the government is greatest challenges facing law enforce- bing ‘‘denial-of-service’’ attacks, CERT encouraging—and not restraining—the ment. Many of our critical infrastruc- documented that such incidents ‘‘grew use of strong encryption and other tures and our government depend upon at rate around 50% per year’’ which technical solutions to protecting our the reliability and security of complex was ‘‘greater than the rate of growth of computer systems. computer systems. We need to make Internet hosts.’’ Congress has responded again and sure that these essential systems are CERT has tracked recent trends in again to help our law enforcement protected from all forms of attack. The severe hacking incidents on the Inter- agencies keep up with the challenges of legislation I am introducing today will net and made the following observa- new crimes being executed over com- help law enforcement investigate and tions, First, hacking techniques are puter networks. In 1984, we passed the prosecute those who jeopardize the in- getting more sophisticated. That Computer Fraud and Abuse Act, and its tegrity of our computer systems and means law enforcement is going to amendments, to criminalize conduct the Internet. have to get smarter too, and we need to when carried out by means of unau- Whether we work in the private sec- give them the resources to do this. Sec- thorized access to a computer. In 1986, tor or in government, we negotiate ond, hackers have ‘‘become increas- we passed the Electronic Communica- daily through a variety of security ingly difficult to locate and identify.’’ tions Privacy Act (ECPA), which I was checkpoints designed to protect our- These criminals are operating in many proud to sponsor, to criminalize tam- selves from being victimized by crime different locations and are using tech- pering with electronic mail systems or targeted by terrorists. For instance, niques that allow them to operate in and remote data processing systems congressional buildings like this one ‘‘nearly total obscurity.’’ and to protect the privacy of computer use cement pillars placed at entrances, We have been aware of the users. In the 104th Congress, Senators photo identification cards, metal de- vulnerabilities to terrorist attacks of KYL, GRASSLEY, and I worked together tectors, x-ray scanners, and security our computer networks for more than a to enact the National Information In- guards to protect the physical space. decade. It became clear to me, when I frastructure Protection Act to increase These security steps and others have chaired a series of hearings in 1988 and protection under federal criminal law become ubiquitous in the private sec- 1989 by the Subcommittee on Tech- for both government and private com- tor as well. nology and the Law in the Senate Judi- puters, and to address an emerging Yet all these physical barriers can be ciary Committee on the subject of problem of computer-age blackmail in circumvented using the wires that run high-tech terrorism and the threat of which a criminal threatens to harm or into every building to support the com- computer viruses, that merely ‘‘hard- shut down a computer system unless puters and computer networks that are ening’’ our physical space from poten- their extortion demands are met.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2739 In this Congress, I have introduced a criminals expeditiously. It will ensure with a term of imprisonment of at bill with Senator DEWINE, the Com- that law enforcement can investigate least six months. The bill would change puter Crime Enforcement Act, S. 1314, and prosecute hacker attacks even this directive to the Sentencing Com- to set up a $25 million grant program when perpetrators use foreign-based mission so that no such mandatory within the U.S. Department of Justice computers to facilitate their crimes. It minimum would be required. for states to tap for improved edu- will implement criminal forfeiture pro- Additional Criminal Forfeiture Pro- cation, training, enforcement and pros- visions to ensure that cybercriminals visions: The bill adds a criminal for- ecution of computer crimes. All 50 are forced to relinquish the tools of feiture provision to the Computer states have now enacted tough com- their trade upon conviction. It will also Fraud and Abuse Act, requiring for- puter crime control laws. These state close a current loophole in our wiretap feiture of physical property used in or laws establish a firm groundwork for laws that prevents a law enforcement to facilitate the offense as well as prop- electronic commerce and Internet se- officer from monitoring an innocent- erty derived from proceeds of the of- curity. Unfortunately, too many state host computer with the consent of the fense. It also supplements the current and local law enforcement agencies are computer’s owner and without a wire- forfeiture provision in 18 U.S.C. 2318, struggling to afford the high cost of tap order to track down the source of which prohibits trafficking in, among training and equipment necessary for denial-of-service attacks. Finally, this other things, counterfeit computer pro- effective enforcement of their state legislation will assist state and local gram documentation and packaging, to computer crime statutes. Our legisla- police departments in their parallel ef- require the forfeiture of replicators and tion, the Computer Crime Enforcement forts to combat cybercrime, in recogni- other devices used in the production of Act, would help state and local law en- tion of the fact that this fight is not such counterfeit items. forcement join the fight to combat the just at the federal level. Pen Registers and Trap and Trace worsening threats we face from com- The key provisions of the bill are: Devices: The bill makes it easier for puter crime. Jurisdictional and Definitional law enforcement to use these investiga- Computer crime is a problem nation- Changes to the Computer Fraud and tive techniques in the area of wide and in Vermont. I recently re- Abuse Act: The Computer Fraud and cybercrime, and institutes cor- leased a survey on computer crime in Abuse Act, 18 U.S.C. § 1030, is the pri- responding privacy protections. On the Vermont. My office surveyed 54 law en- mary federal criminal statute prohib- law enforcement side, the bill gives na- forcement agencies in Vermont—43 po- iting computer frauds and hacking. tionwide effect to pen register and trap lice departments and 11 State’s attor- This bill would amend the statute to and trace orders obtained by Govern- ney offices—on their experience inves- clarify the appropriate scope of federal ment attorneys, thus obviating the tigating and prosecuting computer jurisdiction. First, the bill adds a broad need to obtain identical orders in mul- crimes. The survey found that more definition of ‘‘loss’’ to the definitional tiple federal jurisdictions. It also clari- than half of these Vermont law en- section. Calculation of loss is impor- fies that such devices can be used on forcement agencies encounter com- tant both in determining whether the all electronic communication lines, not puter crime, with many police depart- $5,000 jurisdictional hurdle in the stat- just telephone lines. On the privacy ments and state’s attorney offices han- ute is met, and, at sentencing, in calcu- side, the bill provides for greater judi- dling 2 to 5 computer crimes per lating the appropriate guideline range cial review of applications for pen reg- month. and restitution amount. isters and trap and trace devices and Despite this documented need, far Second, the bill amends the defini- institutes a minimization requirement too many law enforcement agencies in tion of ‘‘protected computer,’’ to ex- for the use of such devices. The bill Vermont cannot afford the cost of po- pressly include qualified computers also amends the reporting require- licing against computer crimes. Indeed, even when they are physically located ments for applications for such devices my survey found that 98% of the re- outside of the United States. This clar- by specifying the information to be responding Vermont law enforcement ification will preserve the ability of ported. agencies do not have funds dedicated the United States to assist in inter- Denial of Service Investigations: Cur- for use in computer crime enforcement. national hacking cases. A ‘‘Sense of rently, a person whose computer is My survey also found that few law Congress’’ provision specifies that fed- accessed by a hacker as a means for the enforcement officers in Vermont are eral jurisdiction is justified by the hacker to reach a third computer can- properly trained in investigating com- ‘‘interconnected and interdependent not simply consent to law enforcement puter crimes and analyzing cyber-evi- nature of computers used in interstate monitoring of his computer. Instead, dence. According to my survey, 83% of or foreign commerce.’’ because this person is not technically a responding law enforcement agencies Finally, the bill expands the jurisdic- party to the communication, law en- in Vermont do not employ officers tion of the United States Secret Serv- forcement needs wiretap authorization properly trained in computer crime in- ice to encompass investigations of all under Title III to conduct such moni- vestigative techniques. Moreover, my violations of 18 U.S.C. § 1030. Prior to toring. The bill will close this loophole survey found that 52% of the law en- the 1996 amendments to the Computer by explicitly permitting such moni- forcement agencies that handle one or Fraud and Abuse Act, the Secret Serv- toring without a wiretap if prior con- more computer crimes per month cited ice was authorized to investigate any sent is obtained from the person whose their lack of training as a problem en- and all violations of section 1030, pur- computer is being hacked through and countered during investigations. Prop- suant to an agreement between the used to send ‘‘harmful interference to a er training is critical to ensuring suc- Secretary of Treasury and the Attor- lawfully operating computer system.’’ cess in the fight against computer ney General. The 1996 amendments, Encryption Reporting: The bill di- crime. however, concentrated Secret Service rects the Attorney General to report This bill will help our computer jurisdiction on certain specified sub- the number of wiretap orders in which crime laws up to date as an important sections of section 1030. The current encryption was encountered and backstop and deterrent. I believe that amendment would return full jurisdic- whether such encryption precluded law our current computer crime laws can tion to the Secret Service and would enforcement from obtaining the be enhanced and that the time to act is allow the Justice and Treasury Depart- plaintext of intercepted communica- now. We should pass legislation de- ments to decide on the appropriate tions. signed to improve our law enforcement work-sharing balance between the two. State and Local Computer Crime En- efforts while at the same time pro- Elimination of Mandatory Minimum forcement: The bill directs the Office of tecting the privacy rights of American Sentence for Certain Violations of Federal Programs to make grants to citizens. Computer Fraud and Abuse Act: Cur- assist State and local law enforcement The bill I offer today will make it rently, a directive to the Sentencing in the investigation and prosecution of more efficient for law enforcement to Commission requires that all viola- computer crime. use tools that are already available— tions, including misdemeanor viola- Legislation must be balanced to pro- such as pen registers and trap and tions, of certain provisions of the Com- tect our privacy and other constitu- trace devices—to track down computer puter Fraud and Abuse Act be punished tional rights. I am a strong proponent

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2740 CONGRESSIONAL RECORD — SENATE April 13, 2000 of the Internet and a defender of our (B) by adding at the end the following: ensure that any individual convicted of a constitutional rights to speak freely ‘‘(4) forfeiture to the United States in ac- violation of paragraph (4) or (5) of section and to keep private our confidential af- cordance with subsection (i) of the interest 1030(a) of title 18, United States Code, can be fairs from either private sector snoops of the offender in— subjected to appropriate penalties, without regard to any mandatory minimum term of or unreasonable government searches. ‘‘(A) any personal property used or intended to be used to commit or to facilitate imprisonment. These principles can be respected at the commission of the offense; and SEC. 5. FORFEITURE OF DEVICES USED IN COM- the same time we hold accountable ‘‘(B) any property, real or personal, that PUTER SOFTWARE COUNTER- those malicious mischief makers and constitutes or that is derived from proceeds FEITING. digital graffiti sprayers, who use com- traceable to any violation of this section.’’; Section 2318(d) of title 18, United States puters to damage or destroy the prop- (3) in subsection (d)— Code, is amended by— erty of others. I have seen Congress (A) by striking ‘‘subsections (a)(2)(A), (1) inserting ‘‘(1)’’ before ‘‘When’’; react reflexively in the past to address (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of’’; (2) inserting ‘‘, and any replicator or other device or thing used to copy or produce the concerns over anti-social behavior on and (B) by striking ‘‘which shall be entered computer program or other item to which the Internet with legislative proposals the counterfeit label was affixed, or was in- that would do more harm than good. A into by’’ and inserting ‘‘between’’; (4) in subsection (e)— tended to be affixed’’ before the period; and good example of this is the Commu- (A) in paragraph (2)(B), by inserting ‘‘, in- (3) by adding at the end the following: nications Decency Act, which the Su- cluding computers located outside the ‘‘(2) The forfeiture of property under this preme Court declared unconstitutional. United States’’ before the semicolon; section, including any seizure and disposi- We must make sure that our legislative (B) in paragraph (4), by striking the period tion of the property, and any related judicial efforts are precisely targeted on stop- at the end and inserting a semicolon; or administrative proceeding, shall be governed by the provisions of section 413 (other ping destructive acts and that we avoid (C) in paragraph (7), by striking ‘‘and’’ at the end; than subsection (d) of that section) of the scattershot proposals that would Comprehensive Drug Abuse Prevention and threaten, rather than foster, electronic (D) in paragraph (8), by striking ‘‘, that’’ and all that follows through ‘‘; and’’ and in- Control Act of 1970 (21 U.S.C. 853).’’. commerce and sacrifice, rather than SEC. 6. CONFORMING AMENDMENT. promote, our constitutional rights. serting a semicolon; (E) in paragraph (9), by striking the period Section 492 of title 18, United States Code, Technology has ushered in a new age at the end and inserting ‘‘; and’’; and is amended by striking ‘‘or 1720,’’ and insert- filled with unlimited potential for com- (F) by adding at the end the following: ing ‘‘, 1720, or 2318’’. merce and communications. But the ‘‘(10) the term ‘loss’ includes— SEC. 7. PEN REGISTERS AND TRAP AND TRACE Internet age has also ushered in new ‘‘(A) the reasonable costs to any victim DEVICES. Section 3123 of title 18, United States Code challenges for federal, state and local of— is amended— law enforcement officials. Congress and ‘‘(i) responding to the offense; (1) by striking subsection (a) and inserting ‘‘(ii) conducting a damage assessment; and the Administration need to work to- the following: ‘‘(iii) restoring the system and data to gether to meet these new challenges ‘‘(a) ISSUANCE OF ORDER.— their condition prior to the offense; and while preserving the benefits of our ‘‘(1) REQUESTS FROM ATTORNEYS FOR THE ‘‘(B) any lost revenue or costs incurred by new era. The legislation I offer today is GOVERNMENT.—Upon an application made the victim as a result of interruption of serv- under section 3122(a)(1), the court may enter a step in that direction. ice.’’; an ex parte order authorizing the installa- Mr. President, I ask unanimous con- (5) in subsection (g), by striking ‘‘Damages tion and use of a pen register or a trap and sent that the text of the bill be printed for violations involving damage as defined in trace device if the court finds, based on the in the RECORD. subsection (c)(8)(A)’’ and inserting ‘‘losses certification by the attorney for the Govern- There being no objection, the bill was specified in subsection (a)(5)(B)(i)’’; and ment, that the information likely to be ob- ordered to be printed in the RECORD, as (6) by adding at the end the following: tained by such installation and use is rel- ‘‘(i) PROVISIONS GOVERNING FORFEITURE.— follows: evant to an ongoing criminal investigation. Property subject to forfeiture under this sec- S. 2430 Such order shall apply to any entity pro- tion, any seizure and disposition thereof, and Be it enacted by the Senate and House of Rep- viding wire or electronic communication any administrative or judicial proceeding in resentatives of the United States of America in service in the United States whose assist- relation thereto, shall be governed by sub- Congress assembled, ance is necessary to effectuate the order. section (c) and subsections (e) through (p) of SECTION 1. SHORT TITLE. ‘‘(2) REQUESTS FROM STATE INVESTIGATIVE section 413 of the Comprehensive Drug Abuse This Act may be cited as the ‘‘Internet Se- OR LAW ENFORCEMENT OFFICERS.—Upon an ap- Prevention and Control Act of 1970 (21 U.S.C. curity Act of 2000’’. plication made under section 3122(a)(2), the 853).’’. SEC. 2. AMENDMENTS TO THE COMPUTER FRAUD court may enter an ex parte order author- AND ABUSE ACT. SEC. 3. SENSE OF CONGRESS. izing the installation and use of a pen reg- Section 1030 of title 18, United States Code, It is the sense of Congress that— ister or a trap and trace device within the ju- is amended— (1) acts that damage or attempt to damage risdiction of the court, if the court finds, (1) in subsection (a)— computers used in the delivery of critical in- based on the certification by the State law (A) in paragraph (5)— frastructure services such as telecommuni- enforcement or investigative officer, that (i) by inserting ‘‘(i)’’ after ‘‘(A)’’ and redes- cations, energy, transportation, banking and the information likely to be obtained by ignating subparagraphs (B) and (C) as clauses financial services, and emergency and gov- such installation and use is relevant to an (ii) and (iii), respectively; ernment services pose a serious threat to ongoing criminal investigation.’’; and (ii) in subparagraph (A)(iii), as redesig- public health and safety and cause or have (2) in subsection (b)— nated, by adding ‘‘and’’ at the end; and the potential to cause losses to victims that (A) in paragraph (1)— (iii) by adding at the end the following: include costs of responding to offenses, con- (i) in subparagraph (C), by inserting ‘‘au- ‘‘(B) the conduct described in clause (i), ducting damage assessments, and restoring thorized under subsection (a)(2)’’ after ‘‘in (ii), or (iii) of subparagraph (A)— systems and data to their condition prior to the case of a trap and trace device’’; and ‘‘(i) caused loss aggregating at least $5,000 the offense, as well as lost revenue and costs (ii) in subparagraph (D), by striking ‘‘and’’ in value during a 1-year period to 1 or more incurred as a result of interruptions of serv- at the end; individuals; ice; and (B) in paragraph (2), by striking the period ‘‘(ii) modified or impaired, or potentially (2) the Federal Government should have ju- at the end and inserting ‘‘; and’’; and modified or impaired, the medical examina- risdiction to investigate acts affecting pro- (C) by adding at the end the following: tion, diagnosis, treatment, or care of 1 or tected computers, as defined in section ‘‘(3) shall direct that the use of the pen more individuals; 1030(e)(2)(B) of title 18, United States Code, register or trap and trace device be con- ‘‘(iii) caused physical injury to any person; as amended by this Act, even if the effects of ducted in such a way as to minimize the re- or such acts occur wholly outside the United cording or decoding of any electronic or ‘‘(iv) threatened public health or safety;’’; States, as in such instances a sufficient Fed- other impulses that are not related to the di- and eral nexus is conferred through the inter- aling and signaling information utilized in (B) in paragraph (6), by adding ‘‘or’’ at the connected and interdependent nature of com- processing by the service provider upon end; puters used in interstate or foreign com- whom the order is served.’’. (2) in subsection (c)— merce or communication. SEC. 8. TECHNICAL AMENDMENTS TO PEN REG- (A) in paragraph (2)— SEC. 4. MODIFICATION OF SENTENCING COMMIS- ISTER AND TRAP AND TRACE PROVI- (i) in subparagraph (A), by striking ‘‘and’’ SION DIRECTIVE. SIONS. at the end; and Pursuant to its authority under section (a) ISSUANCE OF AN ORDER.—Section 3123 of (ii) in subparagraph (B), by inserting ‘‘or 994(p) of title 28, United States Code, the title 18, United States Code, is amended— an attempted offense’’ after ‘‘in the case of United States Sentencing Commission shall (1) by inserting ‘‘or other facility’’ after an offense’’; and amend the Federal sentencing guidelines to ‘‘line’’ each place that term appears;

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2741 (2) by inserting ‘‘or applied’’ after ‘‘at- SEC. 11. ENCRYPTION REPORTING REQUIRE- sources being devoted to the investigation tached’’ each place that term appears; MENTS. and enforcement of computer crime laws; (3) in subsection (b)(1)(C), by inserting ‘‘or Section 2519(2)(b) of title 18, United States and other identifier’’ after ‘‘the number’’; and Code, is amended by striking ‘‘and (iv)’’ and (3) a plan for coordinating the programs (4) in subsection (d)(2), by striking ‘‘who inserting ‘‘(iv) the number of orders in which funded under this section with other feder- has been ordered by the court’’ and inserting encryption was encountered and whether ally funded technical assistant and training ‘‘who is obligated by the order’’. such encryption prevented law enforcement programs, including directly funded local from obtaining the plain text of communica- (b) DEFINITIONS.—Section 3127 of title 18, programs such as the Local Law Enforce- tions intercepted pursuant to such order, and United States Code is amended— ment Block Grant program (described under (v)’’. (1) by striking paragraph (3) and inserting the heading ‘‘Violent Crime Reduction Pro- SEC. 12. STATE AND LOCAL COMPUTER CRIME grams, State and Local Law Enforcement the following: ENFORCEMENT. ‘‘(3) the term ‘pen register’— Assistance’’ of the Departments of Com- (a) IN GENERAL.—Subject to the avail- merce, Justice, and State, the Judiciary, and ‘‘(A) means a device or process that records ability of amounts provided in advance in ap- or decodes electronic or other impulses that Related Agencies Appropriations Act, 1998 propriations Acts, the Assistant Attorney (Public Law 105–119)). identify the telephone numbers or electronic General for the Office of Justice Programs of address dialed or otherwise transmitted by (d) MATCHING FUNDS.—The Federal share of the Department of Justice shall make a a grant received under this section may not an instrument or facility from which a wire grant to each State, which shall be used by exceed 90 percent of the total cost of a pro- or electronic communication is transmitted the State, in conjunction with units of local gram or proposal funded under this section and used for purposes of identifying the des- government, State and local courts, other unless the Attorney General waives, wholly tination or termination of such communica- States, or combinations thereof, to— or in part, the requirements of this sub- tion by the service provider upon which the (1) assist State and local law enforcement section. order is served; and in enforcing State and local criminal laws (e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) does not include any device or process relating to computer crime; (1) IN GENERAL.—There is authorized to be used by a provider or customer of a wire or (2) assist State and local law enforcement appropriated to carry out this section electronic communication service for billing, in educating the public to prevent and iden- $25,000,000 for each of fiscal years 2000 or recording as an incident to billing, for tify computer crime; through 2003. communications services provided by such (3) assist in educating and training State (2) LIMITATIONS.—Of the amount made provider or any device or process by a pro- and local law enforcement officers and pros- available to carry out this section in any fis- vider or customer of a wire communication ecutors to conduct investigations and foren- cal year not more than 3 percent may be service for cost accounting or other like pur- sic analyses of evidence and prosecutions of used by the Attorney General for salaries poses in the ordinary course of its busi- computer crime; and administrative expenses. ness;’’; and (4) assist State and local law enforcement (3) MINIMUM AMOUNT.—Unless all eligible (2) in paragraph (4)— officers and prosecutors in acquiring com- applications submitted by any State or units (A) by inserting ‘‘or process’’ after ‘‘means puter and other equipment to conduct inves- of local government within a State for a a device’’; tigations and forensic analysis of evidence of grant under this section have been funded, (B) by inserting ‘‘or other identifier’’ after computer crimes; and the State, together with grantees within the ‘‘number’’; and (5) facilitate and promote the sharing of State (other than Indian tribes), shall be al- (C) by striking ‘‘or device’’ and inserting Federal law enforcement expertise and infor- located in each fiscal year under this section ‘‘or other facility’’. mation about the investigation, analysis, not less than 0.75 percent of the total and prosecution of computer crimes with SEC. 9. PEN REGISTER AND TRAP AND TRACE RE- amount appropriated in the fiscal year for PORTS. State and local law enforcement officers and grants pursuant to this section, except that prosecutors, including the use of multijuris- Section 3126 of title 18, United States Code, the United States Virgin Islands, American dictional task forces. Samoa, Guam, and the Northern Mariana Is- is amended by inserting before the period at (b) USE OF GRANT AMOUNTS.—Grants under lands each shall be allocated 0.25 percent. the end the following: ‘‘, which report shall this section may be used to establish and de- include information concerning— (f) GRANTS TO INDIAN TRIBES.—Notwith- velop programs to— standing any other provision of this section, ‘‘(1) the period of interceptions authorized (1) assist State and local law enforcement by the order, and the number and duration of the Attorney General may use amounts agencies in enforcing State and local crimi- made available under this section to make any extensions of the order; nal laws relating to computer crime; ‘‘(2) the offense specified in the order or ap- grants to Indian tribes for use in accordance (2) assist State and local law enforcement with this section. plication, or extension of an order; agencies in educating the public to prevent ‘‘(3) the number of investigations involved; and identify computer crime; By Mr. SANTORUM: ‘‘(4) the number and nature of the facilities (3) educate and train State and local law affected; and S. 2431. A bill to amend the Internal enforcement officers and prosecutors to con- Revenue Code of 1986 to allow a credit ‘‘(5) the identity, including district, of the duct investigations and forensic analyses of applying investigative or law enforcement evidence and prosecutions of computer against income tax for expenses in- agency making the application and the per- crime; curred in teleworking; to the Com- son authorizing the order’’. (4) assist State and local law enforcement mittee on Finance. SEC. 10. ENHANCED DENIAL OF SERVICE INVES- officers and prosecutors in acquiring com- TELEWORK TAX INCENTIVE ACT TIGATIONS. puter and other equipment to conduct inves- ∑ Mr. SANTORUM. Mr. President, Section 2511(2)(c) of title 18, United States tigations and forensic analysis of evidence of today, I rise to introduce legislation Code, is amended to read as follows: computer crimes; and that would help people who ‘‘telework’’ (5) facilitate and promote the sharing of ‘‘(c)(i) It shall not be unlawful under this or work from home, to receive a tax Federal law enforcement expertise and infor- chapter for a person acting under color of mation about the investigation, analysis, credit. Teleworkers are people who law to intercept a wire, oral, or electronic and prosecution of computer crimes with work a few days a week on-line from communication, if such person is a party to State and local law enforcement officers and home by using computers and other in- the communication or 1 of the parties to the prosecutors, including the use of multijuris- formation technology tools. Nearly 20 communication has given prior consent to dictional task forces. million Americans telework today, and such interception. (c) ASSURANCES.—To be eligible to receive according to experts, 40 percent of the ‘‘(ii) It shall not be unlawful under this a grant under this section, a State shall pro- chapter for a person acting under color of nation’s jobs are compatible with vide assurances to the Attorney General that telework. At one national tele- law to intercept a wire or electronic commu- the State— nication, if— (1) has in effect laws that penalize com- communications company, nearly 25 ‘‘(I) the transmission of the wire or elec- puter crime, such as penal laws prohibiting— percent of its workforce works from tronic communication is causing harmful in- (A) fraudulent schemes executed by means home at least one day a week. The terference to a lawfully operating computer of a computer system or network; company found positive results in the system; (B) the unlawful damaging, destroying, al- way of fewer days of sick leave, better ‘‘(II) any person who is not a provider of tering, deleting, removing of computer soft- retention, and higher productivity. service to the public and who is authorized ware, or data contained in a computer, com- I am introducing the Telework Tax to use the facility from which the wire or puter system, computer program, or com- Incentive Act to provide a $500 tax electronic communication is to be inter- puter network; or credit for telework. The purpose of my cepted has given prior consent to the inter- (C) the unlawful interference with the op- ception; and eration of or denial of access to a computer, legislation is to provide an incentive to ‘‘(III) the interception is conducted only to computer program, computer system, or encourage more employers to consider the extent necessary to identify the source computer network; telework for their employees. Telework of the harmful interference described in sub- (2) an assessment of the State and local re- should be a regular part of the 21st cen- clause (I).’’. source needs, including criminal justice re- tury workplace. The best part of

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2742 CONGRESSIONAL RECORD — SENATE April 13, 2000 telework is that it improves the qual- added as well. I am pleased that the ELIGIBILITY OF THE FISHING VESSEL HAZEL ity of life for all. Telework also reduces Philadelphia Area Design Team has LORRAINE UNDER THE AMERICAN FISHERIES ACT traffic congestion and air pollution. It been progressing well with its responsi- ∑ Mr. SMITH of Oregon. Mr. President, reduces gas consumption and our de- bility of examining the application of today I am introducing, with my col- pendency on foreign oil. Telework is these incentives to the greater Phila- league from Oregon, legislation which good for families—working parents delphia metropolitan area. I am ex- will correct an oversight in the Amer- have flexibility to meet everyday de- cited that this opportunity continues ican Fisheries Act of 1998. Some of my mands. Telework provides people with to help to get the word out about the colleagues will recall that the Amer- disabilities greater job opportunities. benefits of telecommuting for many ican Fisheries Act was passed as part Telework helps fill our nation’s labor employees and employers. of the Omnibus Appropriations Act in market shortage. It can also be a good Telecommuting improves air quality the closing days of the 105th Congress. option for retirees choosing to work by reducing pollutants, provides em- Let me speak briefly first to the part-time. ployees and families flexibility, re- American Fisheries Act, or AFA, itself. Last fall, a task force on telework duces traffic congestion, and increases The AFA was a major revision of man- initiated by Governor James Gilmore productivity and retention rates for agement policies for the valuable Ber- of Virginia made a number of rec- businesses while reducing their over- ing Sea pollock fishery, raising domes- ommendations to increase and promote head costs. It’s a growing opportunity tic vessel ownership standards, while telework. One recommendation was to and option which we should all include bringing greater stability to the pol- establish a tax credit toward the pur- in our effort to maintain and improve lock fishery by allowing fishers and chase and installation of electronic and quality of life issues in Pennsylvania processors to engage in limited co- computer equipment that allow an em- and around the nation. According to operatives. Months of intense negotia- ployee to telework. For example, the statistics available from 1996, the tions between interested congressional cost of a computer, fax machine, Greater Philadelphia area ranked num- offices and a number of Alaskan and modem, phone, printer, software, copi- ber 10 in the country for annual person- West Coast fishing interests resulted in er, and other expenses necessary to en- hours of delay due to traffic conges- the compromise that was passed into able telework could count toward a tax tion. Because of this reality, all op- law. credit, provided the person worked at tions including telecommuting should Oregon certainly does not have as home a minimum number of days per be pursued to address this challenge. great an interest in the Bering Sea pol- year. The 1999 Telework America National lock fishery as other states do. Never- My legislation would provide a $500 Telework Survey, conducted by Joan theless, Oregon-based vessels do par- tax credit ‘‘for expenses paid or in- H. Pratt Associates, found that today’s ticipate in this and other distant-water curred under a teleworking arrange- 19.6 million teleworkers typically work fisheries. Many of these vessel owner- ment for furnishings and electronic in- 9 days per month at home at home operators pioneered the development of formation equipment which are used to with an average of 3 hours per week the Alaskan pollock fishery during the enable an individual to telework.’’ An during normal business hours. In this Americanization of the Exclusive Eco- employee must telework a minimum of study, teleworkers or telecommuters nomic Zone in the 1980s. The American 75 days per year to qualify for the tax are defined overall as employees or Fisheries Act was supposed to allow credit. Both the employer and em- independent contractors who work at these, and other fishing vessels with ployee are eligible for the tax credit, least one day per month at home. substantial history, to stay in the fish- but the tax credit goes to whomever These research findings impact the bot- ery while excluding new or speculative absorbs the expense for setting up the tom line for employers and employees. entrants. The language used in the at-home worksite. Teleworkers seek a blend of job-related AFA to achieve this purpose requires I am pleased to work with Congress- and personal benefits to enable them to that qualified vessels must have deliv- man FRANK WOLF who has introduced better handle their work and life re- ered at least 250 metric tons of pollock identical legislation in the House of sponsibilities. For employers, savings in 1996, 1997, or an eight month period Representatives, H.R. 3819. A number of just from less absenteeism and in- in 1998, to the shore-based processing groups have already endorsed the creased employee retention total more plants that compose the ‘‘inshore sec- Telework Tax Incentive Act including than $10,000 per teleworker per year. tor’’ of the Bering Sea pollock fishery. the International Telework Associa- Thus an organization with 100 employ- Alternatively, the AFA requires vessels tion and Council (ITAC), Covad Com- ees, 20 of whom telework, could poten- to have delivered at least 250 metric munications, National Town Builders tially realize a savings of $200,000 annu- tons of pollock in 1997 and have had at Association, Litton Industries, Orbital ally, or more, when productivity gains least 75 percent of their catch delivered Sciences Corporation, Consumer Elec- are added. to the ‘‘offshore sector’’ of factory Work is something you do, not some- tronic Association, Capnet, BTG Cor- trawlers in order to qualify for that place you go. There is nothing magical poration, Electonic Industries Alli- sector of the Bering Sea pollock fish- about strapping ourselves into a car ance, Telecommunications Industry ery. and driving sometimes up to an hour Association, American Automobile As- While it was thought that this quali- and a half, arriving at a workplace and sociation Mid-Atlantic, Dimensions fication language in the American sitting before a computer, when we can International Inc., Capunet, TManage, Fisheries Act would carry over all ves- access the same information from a Science Applications International sels with a substantial history in the computer in our homes. Wouldn’t it be fishery, this has turned out not to be Corporation, AT&T, Northern Virginia great if we could replace the evening the case. An Oregon-based vessel Technology Council, Computer Associ- rush hour commute with time spent named the Hazel Lorraine—a vessel ates Incorporated, and Dyn Corp. with the family, or coaching little On October 9, 1999, legislation which with years of Bering Sea pollock land- league or other important quality of I introduced last year in coordination ings on record—has found itself locked life matters? with Representative FRANK WOLF from Mr. President, I urge my colleagues out of both the inshore and offshore Virginia was signed into law by the to consider cosponsoring this legisla- sectors of the Bering Sea pollock fish- President as part of the annual Depart- tion which promotes telework and ery due to the way the qualifications ment of Transportation appropriations helps encourage additional employee are worded in the AFA. On the one bill for Fiscal Year 2000. S. 1521, the choices for the workplace.∑ hand, the Hazel Lorraine does not qual- National Telecommuting and Air Qual- ify for the inshore sector. The fact that ity Act, created a pilot program to By Mr. SMITH of Oregon (for him- the then-Tyson Seafood plant in Ko- study the feasibility of providing in- self and Mr. WYDEN): diak was destroyed by a fire in 1997 centives for companies to allow their S. 2432. A bill to permit the catcher also impacted the Hazel Lorraine’s de- employees to telework in five major vessel Hazel Lorraine to conduct com- liveries during this period. On the metropolitan areas including Philadel- mercial fishing activities; to the Com- other hand, the Hazel Lorraine does not phia, Washington, D.C., and Los Ange- mittee on Commerce, Science, and qualify for the offshore sector either— les. Houston and Chicago have been Transportation. also as a direct result of the Tyson fire.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2743 In short, the Hazel Lorraine does not By Ms. LANDRIEU (for herself SEC. 2. FINDINGS. meet the AFA requirements for either and Mr. BREAUX): The Congress finds the following: the inshore or offshore sector for Ber- S. 2433. A bill to establish the Red (1) The area of Louisiana known as the Red ing Sea pollock despite a substantial River National Wildlife Refuge; to the River Valley, located along the Red River record of deliveries in the fishery that Committee on Environment and Public Waterway in Caddo, Bossier, Red River, stretches back more than fifteen years. Works. Natchitoches, and DeSoto Parishes, is of Ironically, the owners of the Hazel critical importance to over 350 species of RED RIVER NATIONAL WILDLIFE REFUGE ACT birds (including migratory and resident wa- Lorraine actively supported the Amer- ∑ Ms. LANDRIEU. Mr. President, today terfowl, shore birds, and neotropical migra- ican Fisheries Act as it had first been I rise, along with the senior Senator tory birds), aquatic life, and a wide array of introduced in the 105th Congress. How- from Louisiana, to introduce legisla- other species associated with river basin eco- ever the bill changed dramatically dur- tion which would establish the Red systems. ing a series of backroom negotiations River National Wildlife Refuge. Con- (2) The bottomland hardwood forests of the Red River Valley have been almost totally before being tucked into an omnibus gressman MCCREARY is introducing appropriations package. The AFA that cleared. Reforestation and restoration of na- identical legislation in the House of tive habitat will benefit a host of species. actually passed the Congress differed Representatives. Mr. President, the substantially from the drafts that had (3) The Red River Valley is part of a major Red River Valley located along the Red continental migration corridor for migra- been widely circulated in the fishing River Waterway in Caddo, Bossier, Red tory birds funneling through the mid con- industry earlier that year. River, Natchitoches and Desoto par- tinent from as far north as the Arctic Circle Nevertheless, the fact remains that ishes in Louisiana is of critical impor- and as far south as South America. the Hazel Lorraine is recognized in the tance to over 350 species of birds, (4) There are no significant public sanc- North Pacific as a vessel that can le- aquatic life and a wide array of other tuaries for over 300 river miles on this important migration corridor, and no significant gitimately claim a long history in the species associated with river basin eco- Bering Sea pollock fishery. It would be Federal, State, or private wildlife sanc- systems. It represents a historic migra- a terrible mistake if the Congress were tuaries along the Red River north of Alexan- tion corridor for migratory birds fun- to allow this vessel to continue to be dria, Louisiana. neling through the mid-continent from shut out of its historic fishery. A num- (5) Completion of the lock and dam system as far north as the Arctic Circle and as associated with the Red River Waterway ber of industry leaders and associa- far south as South America. The Red project up to Shreveport, Louisiana, has en- tions, such as United Catcher Boats River Valley also represents the most hanced opportunities for management of fish and the Midwater Trawlers Coopera- degraded watershed in Louisiana. The and wildlife. tive, have also recognized this and have (6) The Red River Valley offers extraor- bottomland hardwood forests of the stated their support for restoring the dinary recreational, research, and edu- Red River Valley have been almost to- right of the Hazel Lorraine to fish in cational opportunities for students, sci- this pollock fishery. tally cleared. Reforestation and res- entists, bird watchers, wildlife observers, Over the course of the past year, Sen- toration of native habitat will benefit a hunters, anglers, trappers, hikers, and nature photographers. ator WYDEN and I have discussed this host of species. (7) The Red River Valley is an internation- issue with our colleagues, and have There are no significant public sanctuaries for over 300 river miles on this ally significant environmental resource that come to the conclusion that the best has been neglected and requires active res- course of action is to introduce author- important migration corridor, and no significant Federal, State or private toration and management to protect and en- izing legislation that would clearly hance the value of the region as a habitat for place the Hazel Lorraine among those wildlife sanctuaries along the Red fish and wildlife. River north from Alexandria, Lou- vessels eligible to participate in the SEC. 3. ESTABLISHMENT AND PURPOSES OF REF- inshore sector of the Bering Sea pol- isiana to the Arkansas-Louisiana state UGE. boundary. The Red River Valley offers lock fishery. This legislation will do (a) ESTABLISHMENT.—The Secretary shall just that. I think my colleagues will extraordinary recreational, research establish as a national wildlife refuge the find that those in the North Pacific and educational opportunities for stu- lands, waters, and interests therein acquired fisheries who know the circumstances dents, scientists, bird watchers, wild- under section 5, at such time as the Sec- surrounding the Hazel Lorraine will be life observers, hunters, anglers, trap- retary determines that sufficient property supportive of this legislation. I look pers, hikers and nature photographers. has been acquired under that section to con- forward to working with members of The bill Senator BREAUX and I are institute an area that can be effectively man- troducing today would: restore and pre- aged as a national wildlife refuge for the pur- the Commerce Committee to bring this poses set forth in subsection (b) of this sec- issue to a resolution during this ses- serve native Red River ecosystems; provide habitat for migratory birds; tion. The national wildlife refuge so estab- sion of the Congress. lished shall be known as the ‘‘Red River Na- Mr. President, I ask unanimous con- maximize fisheries on the Red River tional Wildlife Refuge’’. and its tributaries, natural lakes and sent that the full text of the bill be (b) PURPOSES.—The purposes of the Refuge printed in the RECORD. man-made reservoirs; provide habitat are the following: There being no objection, the bill was for and population management of na- (1) To restore and preserve native Red ordered to be printed in the RECORD, as tive plants and resident animals in- River ecosystems. follows: cluding restoration of extirpated spe- (2) To provide habitat for migratory birds. S. 2432 cies; provide technical assistance to (3) To maximize fisheries on the Red River Be it enacted by the Senate and House of Rep- private land owners in the restoration and its tributaries, natural lakes, and man- resentatives of the United States of America in of their lands for the benefit of fish and made reservoirs. Congress assembled, wildlife and provide the public with op- (4) To provide habitat for and population management of native plants and resident SECTION 1. TREATMENT OF VESSEL AS AN ELIGI- portunities for hunting, angling, trap- animals (including restoration of extirpated BLE VESSEL. ping, photographing wildlife, hiking, Notwithstanding paragraphs (1) through (3) species). of section 208(a) of the American Fisheries bird watching and other outdoor rec- (5) To provide technical assistance to pri- Act (title II of division C of the Omnibus reational and educational activities. vate land owners in the restoration of their Consolidated and Emergency Supplemental Mr. President, I ask unanimous con- lands for the benefit of fish and wildlife. Appropriations Act, 1999 (Public Law 105–277; sent that the text of the bill be printed (6) To provide the public with opportuni- 112 Stat. 2681–624)), the catcher vessel in the RECORD. ties for hunting, angling, trapping, HAZEL LORRAINE (United States Official There being no objection, the bill was photographing wildlife, hiking, bird watch- Number 592211) shall be considered to be a ing, and other outdoor recreational and edu- ordered to be printed in the RECORD, as cational activities. vessel that is eligible to harvest the directed follows: fishing allowance under section 206(b)(1) of (7) To achieve the purposes under this sub- that Act pursuant to a Federal fishing per- S. 2433 section without violating section 6. mit in the same manner as, and subject to Be it enacted by the Senate and House of Rep- (c) NOTICE OF ESTABLISHMENT.—The Sec- the same requirements and limitations on resentatives of the United States of America in retary shall publish a notice of the establish- that harvesting as apply to, catcher vessels Congress assembled, ment of the Refuge— that are eligible to harvest that directed SECTION 1. SHORT TITLE. (1) in the Federal Register; and fishing allowance under section 208(a) of that This Act may be cited as the ‘‘Red River (2) in publications of local circulation in Act.∑ National Wildlife Refuge Act’’. the vicinity of the Refuge.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2744 CONGRESSIONAL RECORD — SENATE April 13, 2000 SEC. 4. ADMINISTRATION OF REFUGE. (2) SELECTION AREA.—For purposes of this states’ enrollment efforts, we need to (a) IN GENERAL.—The Secretary shall ad- subsection, the selection area consists of ensure that the federal government is minister all lands, waters, and interests Caddo, Bossier, Red River, DeSoto, and financially committed to this program, therein acquired under section 5 in accord- Natchitoches Parishes, Louisiana. and thus to providing health insurance ance with— (3) AVAILABILITY OF MAP; NOTICE.—The Sec- (1) the National Wildlife Refuge System retary shall— to our nation’s children. Administration Act of 1966 (16 U.S.C. 668dd et (A) keep the map prepared under paragraph SCHIP was designed to allow states seq) and the Act of September 28, 1962 (76 (1) on file and available for public inspection to spend each year’s allotment over a Stat. 653; 16 U.S.C. 460k et seq; commonly at offices of the United States Fish and Wild- three-year period; if a state began its known as the Refuge Recreation Act); life Service of the District of Columbia and program in 1998, it has until the end of (2) the purposes of the Refuge set forth in Louisiana; and 2000 to spend its 1998 allotment. The section 3(b); and (B) publish in the Federal Register a notice legislation we are introducing today (3) the management plan issued under sub- of that availability. will extend this year’s looming dead- section (b). (d) BOUNDARY REVISIONS.—The Secretary (b) MANAGEMENT PLAN.— may make such minor revisions in the line through the end of Fiscal Year (1) IN GENERAL.—Not later than 18 months boundaries designated under subsection (c) 2002, thus allowing states to keep their after the date of the enactment of this Act, as may be appropriate to achieve the pur- unexpended SCHIP allotments for up to the Secretary shall issue a management plan poses of the Refuge under section 3(b) or to a total of five years. Many states have for the Refuge. facilitate the acquisition of property for the had difficulties conducting outreach (2) CONTENTS.—The management plan shall Refuge. and enrolling SCHIP-eligible children. include provisions that provide for the fol- SEC. 6. CONTINUED PUBLIC SERVICES. We must not penalize states that need lowing: Nothing in this Act shall be construed as (A) Planning and design of trails and ac- more time to identify and enroll chil- prohibiting or preventing, and the Secretary dren in this important program. cess points. shall not for purposes of the Refuge prohibit (B) Planning of wildlife and habitat res- or prevent— Without this bill, the result—wheth- toration, including reforestation. (1) the continuation or development of er intended or unintended—would be a (C) Permanent exhibits and facilities and commercial or recreational navigation on potential reduction of up to $4 billion regular educational programs throughout the Red River Waterway; for children’s health programs the Refuge. (2) necessary construction, operation, or throughout the country. A reduction of (3) PUBLIC PARTICIPATION.— maintenance activities associated with the this magnitude would undermine many (A) IN GENERAL.—The Secretary shall pro- Red River Waterway project; vide an opportunity for public participation critical programs that provide quality (3) the construction, improvement, or ex- health coverage to needy children. It in developing the management plan. pansion of public port or recreational facili- (B) LOCAL VIEWS.—The Secretary shall give ties on the Red River Waterway; or may also inhibit the ability of states to special consideration to views by local public (4) the construction, improvement, or re- provide services for children already and private entities and individuals in devel- placement of railroads or interstate high- enrolled in SCHIP, as well as encour- oping the management plan. ways within the selection area (designated in aging some states to scale back on out- (c) WILDLIFE INTERPRETATION AND EDU- section 5(c)(2)), or bridges that cross the Red reach and enrollment efforts. For ex- CATION CENTER.— River. (1) IN GENERAL.—The Secretary shall con- ample, under current statute, Rhode Is- struct, administer, and maintain, at an ap- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. land will lose approximately $8 million propriate site within the Refuge, a wildlife There are authorized to be appropriated to annually starting in Fiscal Year 2001. interpretation and education center. the Secretary such sums as may be nec- This loss will undermine the efforts of essary to carry out this Act. (2) PURPOSES.—The center shall be de- the state to target and enroll every signed and operated— SEC. 8. DEFINITIONS. child who is eligible for SCHIP in (A) to promote environmental education; For purposes of this Act: (1) REFUGE.—The term ‘‘Refuge’’ means the Rhode Island. Reductions in SCHIP al- and lotments to states will mean that (B) to provide an opportunity for the study Red River National Wildlife Refuge estab- and enjoyment of wildlife in its natural habi- lished under section 3. SCHIP-eligible children who are not tat. (2) SECRETARY.—The term ‘‘Secretary’’ yet enrolled in the program may con- ∑ SEC. 5. ACQUISITION OF LANDS, WATERS, AND IN- means the Secretary of the Interior. tinue to go without health insurance. TERESTS THEREIN. Data from the U.S. Census Bureau (a) IN GENERAL.—The Secretary shall seek By Mr. L. CHAFEE (for himself, shows that the number of children to acquire up to 50,000 acres of land, water, Mr. BRYAN, Mr. THOMPSON, and without health insurance increased or interests therein (including permanent Mr. SARBANES): from 9.8 million children in 1995 to 11.1 conservation easements or servitudes) within S. 2434. A bill to provide that the boundaries designated under subsection million children in 1998. This increase amounts allotted to a State under sec- in the uninsured rate occurred in spite (c). All lands, waters, and interests acquired tion 2401 of the Social Security Act for under this subsection shall be part of the of the enactment of SCHIP in 1997. We Refuge. each of fiscal years 1998 and 1999 shall must not allow this trend to continue. (b) METHOD OF ACQUISITION.—The Sec- remain available through fiscal year States need to be able to tap into their retary may acquire an interest in land or 2002; to the Committee on Finance. unexpended SCHIP funds to continue water for inclusion in the Refuge only by do- STATE CHILDREN’S HEALTH INSURANCE nation, exchange, or purchase from a willing their outreach and enrollment efforts. PROGRAM (SCHIP) PRESERVATION ACT OF 2000 At a time when our nation’s uninsured seller. ∑ Mr. L. CHAFEE. Mr. President, I am (c) DESIGNATION OF BOUNDARIES.— rate continues to climb above 44 mil- (1) IN GENERAL.—Not later than 12 months pleased to be joined today by Senators lion, it makes little sense to be reduc- after the date of the enactment of this Act, BRYAN, THOMPSON, and SARBANES in in- ing these much needed SCHIP pay- the Secretary shall— troducing the State Children’s Health ments to states that are desperately (A) consult with appropriate State and Insurance Program (SCHIP) Preserva- trying to reach out to and enroll these local officials, private conservation organi- tion Act of 2000. vulnerable and needy children. zations, and other interested parties (includ- This legislation addresses what I being the Louisiana Department of Wildlife I urge my colleagues to join me in lieve to be an unintended consequence supporting this important legislation, and Fisheries, the Louisiana Department of of the Balanced Budget Act of 1997 Transportation and Development, the Red and ask unanimous consent that the River Waterway Commission, and the North- (BBA), which created the State Chil- legislation be printed in the RECORD. west Louisiana Council of Governments), re- dren’s Health Insurance Program There being no objection, the bill was garding the designation of appropriate (SCHIP) to provide health insurance ordered to be printed in the RECORD, as boundaries for the Refuge within the selec- coverage to millions of our nation’s un- follows: tion area; insured children. Specifically, the BBA S. 2434 (B) designate boundaries of the Refuge that called for states to enroll 2.5 million are within the selection area and adequate Be it enacted by the Senate and House of uninsured children in SCHIP within Representatives of the United States of America for fulfilling the purposes of the Refuge set three years of enactment of the bill. forth in section 3(b); and in Congress assembled, (C) prepare a detailed map entitled ‘‘Red According to the Health Care Financ- SECTION 1. SHORT TITLE. River National Wildlife Refuge’’ depicting ing Administration, states enrolled 1.98 This Act may be cited as the ‘‘State Chil- the boundaries of the Refuge designated million children in SCHIP in 1999. dren’s Health Insurance Program (SCHIP) under subparagraph (B). While this represents an increase in Preservation Act of 2000’’.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2745 SEC. 2. AVAILABILITY OF FISCAL YEAR 1998 AND train the staff and begin the marketing ing the root problems affecting these FISCAL YEAR 1999 ALLOTMENTS outreach and enrollment activities. In children’s lives? UNDER SCHIP. Notwithstanding subsection (e) of section the one and one-half years the program We know that substance abuse is the 2104 of the Social Security Act (42 U.S.C. has been operating, the state has primary ingredient in child abuse and 1397dd), amounts allotted to a State under learned what has worked successfully, neglect. Most studies find that between that section for each of fiscal years 1998 and and what has not worked. They are in one-third and two-thirds—and some 1999 shall remain available through Sep- the process of developing a new mar- say as high as 80 percent to 90 per- tember 30, 2002.∑ keting plan, which will allow us to cent—of children in the child welfare ∑ Mr. BRYAN. Mr. President, I am very reach more uninsured Nevada children. system come from families where pa- pleased to join Senators LINCOLN The new proposal will use more media rental substance abuse is a contrib- CHAFEE, PAUL SARBANES, and FRED and broadcast tools to target the low uting factor. THOMPSON as an original cosponsor of income population. The Child Protection/Alcohol and the State Children’s Health Insurance The CHIP program is still in its in- Drug Partnership Act of 2000 creates a Program Preservation Act of 2000, and fancy, and states are still learning how new five-year $1.9 billion state block I thank Senator CHAFEE for his leader- best to develop programs to provide grant program to address the connec- ship on this bill. children with much-needed health in- tion between substance abuse and child This important legislation provides surance. I am hopeful as this program welfare. Payments would be made to that Federal funds allotted to States matures, we will see a most successful promote joint activities among federal, under the state children’s health insur- effort to cover our nation’s children, state, and local public child welfare ance program for each of fiscal years and ensure their health care needs are and alcohol and drug prevention and 1998 and 1999 will remain available to met into the next century. treatment agencies. Our underlying be- the states through fiscal year 2002. Allow the states to keep their federal lief, and the point of this bill, is to en- The enactment of the 1997 Balanced allotment for an additional two years courage existing agencies to work to- Budget Act’s state children’s health in- should provide Nevada, and other gether to keep children safe. surance program (CHIP was a seminal States, the opportunity to reach the HHS will award grants to States and event in addressing the problem of un- total number of eligible children, and Indian tribes to encourage programs insured children in this nation. The $24 increase the number of children with for families who are known to the child billion funding reflected the serious- health insurance. welfare system and have alcohol and ness of the national commitment to en- I sincerely hope Nevada will find the drug abuse problems. These grants will suring children will have access to means to make its full match, so our forge new and necessary partnerships health care services. It provided my state can draw 100 percent of its avail- between the child protection agencies state of Nevada and the nation with an able federal funds. Wise use of these and the alcohol and drug prevention incredible opportunity to address a Federal funds, with a continued com- and treatment agencies in States so most stubborn problem—the increasing mitment to our children, and with a they will work together to provide number of children who have no health 100-percent effort by our state will get services for this unique population. care insurance. the job done. Our children simply de- The program is designed to increase States were provided three options to serve no less than a fully-funded ef- the capacity of both the child welfare provide child health care services fort.∑ and alcohol and drug systems to com- through the federal funding allot- prehensively address the needs of these ments: to expand Medicaid coverage By Ms. SNOWE (for herself, Mr. families to improve child safety, fam- under enhanced Medicaid matching ROCKEFELLER, Mr. DEWINE, and ily stability, and permanence, and to rates; to create or expand separate Mr. DODD): promote recovery from alcohol and child health insurance programs; or to S. 2435. A bill to amend part B of title drug problems. use a combination of the two. All op- IV of the Social Security Act to crate Statistics paint an unhappy picture tions, rightly I believe, require the a grant program to promote joint ac- for children of substance abusing par- States to spend some of their own tivities among Federal, State, and ents: a 1998 report by the National funds as a condition of participating in local public child welfare and alcohol Committee to Prevent Child Abuse the program. and drug abuse prevention and treat- found that 36 states reported that pa- The choices states face under the ment agencies; to the Committee on rental substance abuse and poverty are CHIP program reflect the flexibility Finance. the top two problems exhibited by fam- they wanted to tailor these programs, CHILD PROTECTION/ALCOHOL AND DRUG ilies reported for child maltreatment. within federal guidelines, to the spe- PARTNERSHIP ACT And a 1997 survey conducted by the cific needs of each state to reduce the Ms. SNOWE. Mr. President, I rise Child Welfare League of America found number of uninsured children. today to introduce the ‘‘Child Protec- that at least 52 percent of placements Nevada’s CHIP program—‘‘Nevada tion/Alcohol and Drug Partnership into out-of-home care were due in part CheckUp’’—was approved by HCFA in Act.’’ I am pleased to be joined by my to parental substance abuse. August 1998 and began operating in Oc- good friends, Senators ROCKEFELLER, Children whose parents abuse alcohol tober 1998. The program is separate DEWINE, and DODD on this exciting new and other drugs are almost three times from the Medicaid program, but the proposal. Mr. President, this bill is an likelier to be abused and more than two are coordinated in the application enormously important piece of legisla- four times likelier to be neglected than process to ensure those children eligi- tion. It provides the means for states children of parents who are not sub- ble for Medicaid are enrolled in that to support some of our most vulnerable stance abusers. Children in alcohol- program. The Nevada CheckUp pro- families—families who are struggling abusing families were nearly four gram covers applicants up to 200% of with alcohol and drug abuse, and the times more likely to be maltreated the federal poverty level, and children children who are being raised in these overall, almost five times more likely up to age 18. abusive homes. to be physically neglected, and 10 times Since its October 1998 beginning, Ne- It is obvious, both anecdotally and more likely to be emotionally nevada CheckUp has enrolled over 9,000 statistically, that child welfare is sig- glected than children in families with- children, representing almost 60% of nificantly impacted by parental sub- out alcohol problems. the anticipated total eligible children. stance abuse. And it makes a lot of A 1994 study published in the Amer- But there are approximately 6,000 chil- sense to fund state programs to address ican Journal of Public Health found dren in Nevada who thus remain unin- these two issues in tandem. The real that children prenatally exposed to sured, who need health care coverage, question in designing and supporting substances have been found to be two and who must be found and covered. We child welfare programs is how can we— to three times more likely to be abused can and must do better. public policy makers, government offi- than non-exposed children. And as It took the state some time to de- cials, welfare agencies—honestly ex- many as 80 percent of prenatally drug velop its program, create a state plan, pect to improve child welfare without exposed infants will come to the atten- get state and federal approval, hire and appropriately and adequately address- tion of child welfare before their first

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2746 CONGRESSIONAL RECORD — SENATE April 13, 2000 birthday. Abused and neglected chil- administration of administrative activities, retary shall notify a State or Indian tribe dren under age six face the risk of more including contract costs and all overhead that the application has been approved or severe damage than older children be- costs. disapproved. cause their brains and neurological ‘‘(B) EXCLUSION.—Such term does not in- ‘‘SEC. 442. PLAN REQUIREMENTS. clude the direct costs of providing services ‘‘(a) CONTENTS.—Subject to subsection (c), systems are still developing. and costs related to case management, train- the plan shall contain the following: Unfortunately, child welfare agencies ing, technical assistance, evaluation, estab- ‘‘(1) A detailed description of how the estimate that only a third of the 67 lishment, and operation of information sys- State agencies will work jointly to imple- percent of the parents who need drug tems, and such other similar costs that are ment a range of activities to meet the alco- or alcohol prevention and treatment also an integral part of service delivery. hol and drug abuse prevention and treatment services actually get help today. ‘‘(3) ELIGIBLE STATE.—The term ‘eligible needs of families who come to the attention Mr. President, this bill is about pre- State’ means a State that submits a joint of the child welfare system and to promote child safety, permanence, and family sta- venting problems. Senators ROCKE- application from the State agencies that— ‘‘(A) includes a plan that meets the re- bility. FELLER, DEWINE, DODD, and I know quirements of section 442; and ‘‘(2) An assurance that the heads of the that what is most important here is ‘‘(B) is approved by the Secretary for a 5- State agencies shall jointly administer the the safety and well-being of America’s year period after consultation with the As- grant program funded under this subpart and children. We expect much of our youth sistant Secretary for the Administration for a description of how they will do so. because they are the future of our na- Children and Families and the Administrator ‘‘(3) A description of the nature and extent tion. In turn, we must be willing to of the Substance Abuse and Mental Health of the problem of alcohol and drug abuse give them the support they need to Services Administration. among families who come to the attention of ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ the child welfare system in the State, and of learn and grow, so that they can lead any plans being implemented to further healthy and productive lives. means any Indian tribe, band, Nation or other organized group or community of Indi- identify and assess the extent of the prob- In 1997 Congress passed the Adoption ans, including any Alaska Native Organiza- lem. and Safe Families Act, authored by the tion, that is recognized as eligible for the ‘‘(4) A description of any joint activities al- late Senator John CHAFEE. The 1997 special programs and services provided by ready being undertaken by the State agen- Adoption law promotes safety, sta- the United States to Indians because of their cies in the State on behalf of families with bility, and permanence for all abused status as Indians. alcohol and drug abuse problems who come and neglected children and requires ‘‘(5) STATE.— to the attention of the child welfare system ‘‘(A) IN GENERAL.—The term ‘State’ means (including any existing data on the impact of timely decision-making in all pro- such joint activities) such as activities relat- ceedings to determine whether children each of the 50 States, the District of Colum- bia, and the territories described in subpara- ing to— can safely return home, or whether graph (B). ‘‘(A) the appropriate screening and assess- they should be moved to permanent, ‘‘(B) TERRITORIES.— ment of cases; ‘‘(B) consultation on cases involving alco- adoptive homes. Specifically, the law ‘‘(i) IN GENERAL.—The territories described requires a State to ensure that services in this subparagraph are Puerto Rico, Guam, hol and drug abuse; are provided to the families of children the United States Virgin Islands, American ‘‘(C) arrangements for addressing confiden- Samoa, and the Northern Mariana Islands. tiality and sharing of information; who are at risk, so that children can ‘‘(D) cross training of staff; ‘‘(ii) AUTHORITY TO MODIFY REQUIRE- remain safely with their families or re- ‘‘(E) co-location of services; MENTS.—The Secretary may modify the return home after being in foster care. ‘‘(F) support for comprehensive treatment quirements of this subpart with respect to a The bill we are introducing today programs for parents and their children; and territory described in clause (i) to the extent ‘‘(G) establishing priority of child welfare identifies a very specific area in which necessary to allow such a territory to con- families for assessment or treatment. families and children need services— duct activities through funds provided under ‘‘(5)(A) A description of the joint activities substance abuse. And it will ensure a grant made under this subpart. to be funded in whole or in part with the that states have the funding necessary ‘‘(6) STATE AGENCIES.—The term ‘State funds provided under the grant, including agencies’ means the State child welfare to provide services as required under the sequencing of the activities proposed to agency and the unit of State government re- the Adoption and Safe Families Act. be conducted under the 5-year funding cycle sponsible for the administration of the sub- I encourage my colleagues to take a and the goals to be achieved during such serious look at our bill, to think seri- stance abuse prevention and treatment block funding cycle. The activities and goals shall ously about the future for kids in their grant provided under subpart II of part B of be designed to improve the capacity of the title XIX of the Public Health Service Act states, and to work with us in passing State agencies to work jointly to improve (42 U.S.C. 300x–21 et seq.). child safety, family stability, and perma- this very important piece of legisla- ‘‘(7) TRIBAL ORGANIZATION.—The term ‘trib- tion. I ask unanimous consent that the nence for children whose families come to al organization’ means the recognized gov- the attention of the child welfare system and bill be printed in the RECORD. erning body of an Indian tribe. to promote their parents’ recovery from al- There being no objection, the bill was ‘‘SEC. 441. GRANTS TO PROMOTE CHILD PROTEC- cohol and drug abuse. ordered to be printed in the RECORD, as TION/ALCOHOL AND DRUG PART- ‘‘(B) The description shall include a state- NERSHIPS FOR CHILDREN. follows: ment as to why the State agencies chose the ‘‘(a) AUTHORITY TO AWARD GRANTS.—The specified activities and goals. S. 2435 Secretary may award grants to eligible ‘‘(6) A description as to whether and how Be it enacted by the Senate and House of Rep- States and directly to Indian tribes in ac- the joint activities described in paragraph resentatives of the United States of America in cordance with the requirements of this sub- (5), and other related activities funded with Congress assembled, part for the purpose of promoting joint activities among Federal, State, and local pub- Federal funds, will address some or all of the SECTION 1. SHORT TITLE. following practices and procedures: This Act may be cited as the ‘‘Child Pro- lic child welfare and alcohol and drug abuse ‘‘(A) Practices and procedures designed to tection/Alcohol and Drug Partnership Act of prevention and treatment agencies (and appropriately— 2000’’. among child welfare and alcohol and drug ‘‘(i) identify alcohol and drug treatment SEC. 2. CHILD PROTECTION/ALCOHOL AND DRUG abuse prevention and treatment agencies that are providing services to children in In- needs; PARTNERSHIPS FOR CHILDREN. ‘‘(ii) assess such needs; Part B of title IV of the Social Security dian tribes) that focus on families with alco- ‘‘(iii) assess risks to the safety of a child Act (42 U.S.C. 620 et seq.) is amended by add- hol or drug abuse problems who come to the and the need for permanency with respect to ing at the end the following: attention of the child welfare system and are designed to— the placement of a child; ‘‘Subpart 3—Child Protection/Alcohol and ‘‘(1) increase the capacity of both the child ‘‘(iv) enroll families in appropriate services Drug Partnerships For Children welfare system and the alcohol and drug and treatment in their communities; and ‘‘SEC. 440. DEFINITIONS. abuse prevention and treatment system to ‘‘(v) regularly assess the progress of fami- ‘‘In this subpart: address comprehensively and in a timely lies receiving such treatment. ‘‘(1) ALASKA NATIVE ORGANIZATION.—The manner the needs of such families to im- ‘‘(B) Practices and procedures designed to term ‘Alaska Native Organization’ means prove child safety, family stability, and per- provide comprehensive and timely individ- any organized group of Alaska Natives eligi- manence; and ualized alcohol and drug abuse prevention ble to operate a Federal program under the ‘‘(2) promote recovery from alcohol and and treatment services for families who Indian Self-Determination Act (25 U.S.C. 450f drug abuse problems. come to the attention of the child welfare et seq.) or such group’s designee. ‘‘(b) NOTIFICATION.—Not later than 60 days system that include a range of options that ‘‘(2) ADMINISTRATIVE COSTS.— after the date a joint application is sub- are available, accessible, and appropriate, ‘‘(A) IN GENERAL.—The term ‘administra- mitted by the State agencies or an applica- and that may include the following compo- tive costs’ means the costs for the general tion is submitted by an Indian tribe, the Sec- nents:

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2747 ‘‘(i) Preventive and early intervention ‘‘(9) A description of what input was ob- ‘‘(i) the activities the tribe will undertake services for children of parents with alcohol tained in the development of the plan and with both child welfare and alcohol and drug and drug abuse problems that integrate alco- the joint application from each of the fol- agencies that serve the tribe’s children to hol and drug abuse prevention services with lowing groups of individuals, and the manner address the needs of families who come to mental health and domestic violence serv- in which each will continue to be involved in the attention of the child welfare agencies ices, and that recognize the mental, emo- the proposed joint activities: and have alcohol and drug problems; and tional, and developmental problems the chil- ‘‘(A) Staff who provide alcohol and drug ‘‘(ii) whether and how such activities ad- dren may experience. abuse prevention and treatment and related dress any of the practice and policy areas in ‘‘(ii) Prevention and early intervention services to families who come to the atten- subsection (a)(6); and services for parents at risk for alcohol and tion of the child welfare system. ‘‘(B) subject to paragraph (2), meet the drug abuse problems. ‘‘(B) Advocates for children and parents other requirements of subsection (a) unless, ‘‘(iii) Comprehensive home-based, out- who come to the attention of the child wel- with respect to a specific requirement of patient, and residential treatment options. fare and alcohol and drug abuse prevention such subsection, the Secretary determines ‘‘(iv) After-care support (both formal and and treatment systems. that it would be inappropriate to apply such informal) for families in recovery that pro- ‘‘(C) Consumers of both child welfare and requirement to an Indian tribe, taking into motes child safety and family stability. alcohol and drug abuse prevention and treat- account the resources, needs, and other cir- ‘‘(v) Services and supports that focus on ment services. cumstances of the Indian tribe. parents, parents with their children, parents’ ‘‘(D) Direct service staff and supervisors ‘‘(2) ADMINISTRATIVE COSTS; USE OF FED- ERAL FUNDS.—Paragraphs (11) and (13) of sub- children, other family members, and parent- from public and private child welfare and al- section (a) shall not apply to a plan sub- child interaction. cohol and drug abuse prevention and treat- mitted by an Indian tribe. The indirect cost ‘‘(C) Elimination of existing barriers to ment agencies. rate agreement in effect for an Indian tribe treatment and to child safety and perma- ‘‘(E) Judges and court staff. shall apply with respect to administrative nence, such as difficulties in sharing infor- ‘‘(F) Representatives of the State agencies costs under the tribe’s plan. mation among agencies and differences be- and private providers providing health, men- ‘‘(3) AUTHORITY FOR INTERTRIBAL CONSOR- tween the values and treatment protocols of tal health, domestic violence, housing, education, and employment services. TIUM.—The participating Indian tribes of an the different agencies. intertribal consortium may develop and sub- ‘‘(D) Effective engagement and retention ‘‘(G) A representative of the State agency in charge of administering the temporary as- mit a single plan that meets the applicable strategies. requirements of subsection (a) (as so deter- ‘‘(E) Pre-service and in-service joint train- sistance to needy families program funded under part A of this title. mined by the Secretary) and paragraph (1) of ing of management and staff of child welfare this subsection. and alcohol and drug abuse prevention and ‘‘(10) An assurance of the coordination, to ‘‘SEC. 443. APPROPRIATION OF FUNDS. treatment agencies, and, where appropriate, the extent feasible and appropriate, of the activities funded under a grant made under ‘‘(a) APPROPRIATIONS.—For the purpose of judges and other court staff, to— providing allotments to eligible States and ‘‘(i) increase such individuals’ awareness this subpart with the services or benefits provided under other Federal or federally as- Indian tribes under this subpart and research and understanding of alcohol and drug abuse and training under subsection (b)(3), there is and related child abuse and neglect; sisted programs that serve families with alcohol and drug abuse problems who come to appropriated out of any money in the Treas- ‘‘(ii) more accurately identify and screen ury not otherwise appropriated— the attention of the child welfare system, in- alcohol and drug abuse and child abuse in ‘‘(1) for fiscal year 2001, $200,000,000; cluding health, mental health, domestic vio- families; ‘‘(2) for fiscal year 2002, $275,000,000; lence, housing, and employment programs, ‘‘(iii) improve assessment skills of both ‘‘(3) for fiscal year 2003, $375,000,000; the temporary assistance to needy families child abuse and alcohol and drug abuse staff, ‘‘(4) for fiscal year 2004, $475,000,000; and program funded under part A of this title, including skills to assess risk to children’s ‘‘(5) for fiscal year 2005, $575,000,000. other child welfare and alcohol and drug safety; ‘‘(b) RESERVATION OF FUNDS.—With respect ‘‘(iv) increase staff knowledge of the serv- abuse prevention and treatment programs, to a fiscal year: ices and resources that are available in such and the courts. ‘‘(1) TERRITORIES.—The Secretary shall re- individuals’ communities and appropriate for ‘‘(11) An assurance that not more than 10 serve 2 percent of the amount appropriated such families; and percent of expenditures under the plan for under subsection (a) for such fiscal year for ‘‘(v) increase awareness of the importance any fiscal year shall be for administrative payments to Puerto Rico, Guam, the United of permanence for children and the timelines costs. States Virgin Islands, American Samoa, and for decisionmaking regarding permanence in ‘‘(12) An assurance that alcohol and drug the Northern Mariana Islands. the child welfare system. treatment services provided at least in part ‘‘(2) INDIAN TRIBES.—The Secretary shall ‘‘(F) Progress in enhancing the abilities of with funds provided under a grant made reserve not less than 3 nor more than 5 per- the State agencies to improve the data sys- under this subpart shall be licensed, cer- cent of the amount appropriated under sub- tems of such agencies in order to monitor tified, or otherwise approved by the appro- section (a) for such fiscal year for direct pay- the progress of families, evaluate service and priate State alcohol and drug abuse agencies, ments to Indian tribes and Indian tribal or- treatment outcomes, and determine which or in the case of an Indian tribe, by a State ganizations for activities intended to in- approaches and activities are most effective. alcohol and drug abuse agency, the Indian crease the capacity of the Indian tribes and ‘‘(G) Evaluation strategies to demonstrate Health Service, or other designated licensing tribal organizations to expand treatment, the effectiveness of treatment and identify agency. services, and training to assist families with the aspects of treatment that have the great- ‘‘(13) An assurance that Federal funds pro- alcohol and drug abuse problems who come est impact on families in different cir- vided to the State under a grant made under to the attention of the child welfare agen- cumstances. this subpart will not be used to supplant cies. ‘‘(H) Training and technical assistance to Federal or non-Federal funds for services and ‘‘(3) RESEARCH AND TRAINING.— increase the capacity within the State to activities provided as of the date of the sub- ‘‘(A) IN GENERAL.—Subject to subparagraph carry out 1 or more of the activities de- mission of the plan that assist families with (B), the Secretary shall reserve 1 percent of scribed in this paragraph or related activi- alcohol and drug abuse problems who come the amount appropriated under subsection ties that are designed to expand prevention to the attention of the child welfare system. (a) for such fiscal year for practice-based re- and treatment services for, and staff training ‘‘(b) AMENDMENTS.— search on the effectiveness of various ap- to assist families with alcohol and drug ‘‘(1) IN GENERAL.—An eligible State or In- proaches for the screening, assessment, en- abuse problems who come to the attention of dian tribe may amend, in whole or in part, gagement, treatment, retention, and moni- the child welfare system. its plan at any time through transmittal of toring of families with alcohol and drug ‘‘(7) A description of the jurisdictions in a plan amendment. abuse problems who come to the attention of the State (including whether such jurisdic- ‘‘(2) 60-DAY APPROVAL DEADLINE.—A plan the child welfare system, and for training of tions are urban, suburban, or rural) where amendment is considered approved unless staff in such areas and shall ensure that a the joint activities will be provided, and the the Secretary notifies an eligible State or portion of such amount is used for research plans for expanding such activities to other Indian tribe in writing, within 60 days after on the effectiveness of these approaches for parts of the State during the 5-year funding receipt of the amendment, that the amend- Indian children and for the training of staff cycle. ment is disapproved (and the reasons for dis- serving children from the Indian tribes. ‘‘(8) A description of the methods to be approval) or that specified additional infor- ‘‘(B) DETERMINATION OF USE OF FUNDS.— used in measuring progress toward the goals mation is needed. Funds reserved under subparagraph (A) may identified under paragraph (5), including how ‘‘(c) REQUIREMENTS FOR APPLICATIONS BY only be used to carry out a research agenda the State agencies will jointly measure their INDIAN TRIBES.— that addresses the areas described in such performance in accordance with section 445, ‘‘(1) IN GENERAL.—In order to be eligible for subparagraph and that is established by the and how remaining barriers to meeting the a grant made under this subpart, an Indian Secretary, together with the Assistant Sec- needs of families with alcohol or drug abuse tribe shall— retary for the Administration for Children problems who come to the attention of the ‘‘(A) submit a plan to the Secretary that and Families and the Administrator of Sub- child welfare system will be assessed. describes— stance Abuse and Mental Health Services

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2748 CONGRESSIONAL RECORD — SENATE April 13, 2000

Administration, with input from public and ‘‘(2) APPLICABLE PERCENTAGE.—For pur- mined by the Secretary, after consultation private nonprofit providers, consumers, rep- poses of paragraph (1), the applicable per- with the Assistant Secretary for the Admin- resentatives of Indian tribes, and advocates, centage for an eligible State or Indian tribe istration for Children and Families and the as well as others with expertise in research for a fiscal year is— Administrator of the Substance Abuse and in such areas. ‘‘(A) 15 percent, in the case of fiscal years Mental Health Services Administration. ‘‘SEC. 444. PAYMENTS TO ELIGIBLE STATES AND 2001 and 2002; ‘‘(2) INDIAN TRIBES.—In the case of an In- INDIAN TRIBES. ‘‘(B) 20 percent, in the case of fiscal years dian tribe that does not expend funds allot- ‘‘(a) AMOUNT OF GRANT.— 2003 and 2004; and ted to the tribe during the time provided ‘‘(1) ELIGIBLE STATES OTHER THAN TERRI- ‘‘(C) 25 percent, in the case of fiscal year under subsection (e), the funds to which the TORIES.— 2005. Indian tribe would have been entitled to for ‘‘(A) IN GENERAL.—From the amount appro- ‘‘(3) SOURCE OF MATCH.— such fiscal year shall be reallotted to the re- priated under subsection (a) of section 443 for ‘‘(A) ELIGIBLE STATES.—The non-Federal maining Indian tribes that are implementing a fiscal year, after the reservation of funds contributions required of an eligible State approved plans in amounts that are propor- required under subsection (b) of that section under this subsection may be in cash or in tional to the percentage of Indian children for the fiscal year and subject to subpara- kind, fairly evaluated, including plant, under the age of 18 in each such tribe. graphs (B) and (C), the Secretary shall pay to equipment, or services. The contributions ‘‘SEC. 445. PERFORMANCE ACCOUNTABILITY; RE- each eligible State (after the Secretary has may be made directly or through donations PORTS AND EVALUATIONS. determined that the State has satisfied the from public or private entities. Amounts pro- ‘‘(a) PERFORMANCE MEASUREMENT.— matching requirement under subsection (b)) vided by the Federal Government, or services ‘‘(1) ESTABLISHMENT OF INDICATORS.—The an amount that bears the same ratio to such assisted or subsidized to any significant ex- Secretary, in consultation with the Assist- amount for such fiscal year as the number of tent by the Federal Government may not be ant Secretary for the Administration for children under the age of 18 that reside in included in determining whether an eligible Children and Families, the Administrator of the eligible State bears to the total number State has provided the applicable percentage the Substance Abuse and Mental Health of children under the age of 18 who reside in of such contributions for a fiscal year. Services Administration, Chief Executive Of- all such eligible States for such fiscal year. ‘‘(B) INDIAN TRIBES.—With respect to an In- ficers of a State or Territory, State legisla- ‘‘(B) MINIMUM ALLOTMENT.—In no case shall dian tribe, such contributions may be made tors, State and local public officials respon- the amount of a payment to an eligible State in cash, through donated funds, through non- sible for administering child welfare and al- for a fiscal year be less than an amount public third party in kind contributions, or cohol and drug abuse prevention and treat- equal to 0.5 percent of the amount appro- from Federal funds received under any of the ment programs, court staff, consumers of the priated under subsection (a) of section 443 for following provisions of law: services, and advocates for children and par- the fiscal year, after the reservation of funds ‘‘(i) The Indian Child Welfare Act of 1978 ents who come to the attention of the child required under subsection (b) of that section. (25 U.S.C. 1901 et seq.). welfare system, shall, within 12 months of ‘‘(C) PRO RATA REDUCTIONS.—The Secretary ‘‘(ii) The Indian Self-Determination and the date of enactment of the Child Protec- shall make pro rata reductions in the Education Assistance Act (25 U.S.C. 450b et tion/Alcohol and Drug Partnership Act of amounts of the allotments determined under seq.). 2000, establish indicators that will be used to subparagraph (A) for a fiscal year to the ex- ‘‘(iii) Title I of the Housing and Commu- assess periodically the performance of eligi- tent necessary to comply with subparagraph nity Development Act of 1974 (42 U.S.C. 5301 ble States and Indian tribes in using grant (B). et seq.). funds provided under this subpart to promote ‘‘(2) TERRITORIES.—From the amounts re- ‘‘(4) WAIVER.— child safety, permanence, and well-being and served under section 443(b)(1) for a fiscal ‘‘(A) ELIGIBLE STATES.—In the case of an recovery in families who come to the atten- year, the Secretary shall pay to each terri- eligible State, the Secretary, after consultation of the child welfare system. tory described in section 440(5)(B) with an tion with the Assistant Secretary for the Ad- ‘‘(2) COORDINATION.—The indicators estab- approved plan that meets the requirements ministration for Children and Families and lished under paragraph (1) shall be based on of section 442 (after the Secretary has deter- the Administrator of the Substance Abuse and coordinated with the performance out- mined that the territory has satisfied the and Mental Health Services Administration, comes established for the child welfare sys- matching requirement under subsection (b)) may modify the applicable percentage deter- tem pursuant to section 203(b) of the Adop- an amount that bears the same ratio to such mined under paragraph (2) for matching tion and Safe Families Act of 1997 and the amount for such fiscal year as the number of funds if the Secretary determines that eco- performance measures developed under sub- children under the age of 18 that reside in nomic conditions in the eligible State justify part II of part B of title XIX of the Public the territory bears to the total number of making such modification. Health Service Act (relating to the sub- children under the age of 18 who reside in all ‘‘(B) INDIAN TRIBES.—In the case of an In- stance abuse prevention and treatment block such territories for such fiscal year. dian tribe, the Secretary may modify the ap- grant). ‘‘(3) INDIAN TRIBES OR TRIBAL ORGANIZA- plicable percentage determined under such ‘‘(3) PURPOSE.—The indicators will be used TIONS.—From the amount reserved under sec- paragraph if the Secretary determines that to measure periodically the progress made tion 443(b)(2) for a fiscal year, the Secretary it would be inappropriate to apply to the In- by the State agencies and by child welfare shall pay to each Indian tribe with an ap- dian tribe, taking into the resources and and alcohol and drug abuse prevention and proved plan that meets the requirements of needs of the tribe and the amount of funds treatment agencies serving children in In- section 442(c) (after the Secretary has deter- the tribe would receive under a grant made dian tribes in the activities that such agen- mined that the Indian tribe has satisfied the under this section. cies jointly engage in with such grant funds. matching requirement under subsection (b)) ‘‘(c) USE OF FUNDS.—Funds provided under An eligible State or Indian tribe will be an amount that bears the same ratio to such a grant made under this subpart may only be measured against itself, assessing progress reserved amount for such fiscal year as the used to carry out activities specified in the over time against a baseline established at plan, as approved by the Secretary. number of children under the age of 18 in the the time the grant activities were under- ‘‘(d) DEADLINE FOR REQUEST FOR PAY- Indian tribe bears to the total number of taken. MENT.—An eligible State or Indian tribe children under the age of 18 in all Indian shall apply to be paid funds under a grant ‘‘(4) ILLUSTRATIVE EXAMPLES.—The indica- tribes with plans so approved for such fiscal made under this subpart not later than the tors developed should address the range of year, as determined by the Secretary on the beginning of the fourth quarter of a fiscal activities that eligible States and Indian basis of the most current and reliable infor- year or such funds shall be reallotted under tribes have the option of engaging in with mation available to the Secretary. For pur- subsection (f). such grant funds. Examples of the types of poses of making the allocations required ‘‘(e) CARRYOVER OF FUNDS.—Funds paid to progress to be measured in the different under the preceding sentence, an Indian tribe an eligible State or Indian tribe under a areas of activity include the following: may submit data and other information that grant made under this subpart for a fiscal ‘‘(A) Improving the screening and assess- it has on the number of Indian children year may be expended in that fiscal year or ment of families who come to the attention under the age of 18 for consideration by the the succeeding fiscal year. of the child welfare system with alcohol and Secretary. ‘‘(f) REALLOTMENT OF FUNDS.— drug problems, so such families can be ‘‘(b) MATCHING REQUIREMENT.— ‘‘(1) ELIGIBLE STATES.—In the case of an el- promptly referred for appropriate treatment ‘‘(1) IN GENERAL.—In order to receive a igible State that does not apply for funds al- when necessary. grant under this subpart for a fiscal year, an lotted to the eligible State under a grant ‘‘(B) Increasing the availability of com- eligible State or Indian tribe shall provide made under this subpart for a fiscal year prehensive and timely individualized treat- through non-Federal contributions the appli- within the time provided under subsection ment for families with alcohol and drug cable percentage determined under para- (d), or that does not expend such funds dur- problems who come to the attention of the graph (2) for such fiscal year of the costs of ing the time provided under subsection (e), child welfare system. conducting activities funded in whole or in the funds which the eligible State would ‘‘(C) Increasing the number or proportion part with funds provided under the grant. have been entitled to for such fiscal year of families who, when they come to the at- Such contributions shall be paid jointly by shall be reallotted to 1 or more other eligible tention of the child welfare system with al- the State agencies, in the case of an eligible States on the basis of each such State’s rel- cohol and drug problems, promptly enter ap- State, or by an Indian tribe. ative need for additional payments, as deter- propriate treatment.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2749 ‘‘(D) Increasing the engagement and reten- cal year in which such State or Indian tribe know even more children are at risk of tion in treatment of families with alcohol failed to submit such report or conduct such neglect, but are not in foster care yet and drug problems who come to the atten- evaluation. because of their parent’s substance tion of the child welfare system. ‘‘(ii) CORRECTIVE ACTION.—An eligible State ‘‘(E) Decreasing the number of children abuse problems. or Indian tribe to which clause (i) applies Another sad, stunning statistic is who re-enter foster care after being returned may, notwithstanding such clause, receive to families who had alcohol or drug problems grant funds under this subpart for a suc- that children with open child welfare when the children entered foster care. ceeding fiscal year if prior to September 30 cases whose parents have substance ‘‘(F) Increasing the number or proportion of the fiscal year in which such failure oc- abuse problems are younger than other of staff in both the public child welfare and curred, the State agencies of the eligible children in foster care, and they are alcohol and drug abuse prevention and treat- State, or the Indian tribe, submit to the Sec- more likely to be the victims of severe ment agencies who have received training on retary a plan to monitor and evaluate in a and chronic neglect. Once such chil- the needs of families that come to the atten- timely manner the activities conducted with tion of the child welfare and alcohol and dren are placed in foster care, they such funds, and such plan is approved in a tend to stay in care longer than other drug abuse prevention and treatment sys- timely manner by the Secretary, after con- tems for help, and the help that can be pro- sultation with the Administration for Chil- children. vided to such families. dren and Families and the Substance Abuse I believe the only way to achieve the ‘‘(G) Increasing the proportion of parents and Mental Health Services Administration. critical goals of a safe, healthy, and who complete treatment for alcohol or drug ‘‘(b) SECRETARIAL REPORTS AND EVALUA- permanent home for every child is to abuse and show improvement in their pre- TIONS.— tackle the problem of alcohol and drug employment or employment status. ‘‘(1) ANNUAL REPORTS.—On the basis of re- abuse among parents. What happens to ‘‘(5) DETERMINATION OF PROGRESS.— ports submitted under subsection (a), the parents who abuse alcohol or drugs ul- ‘‘(A) INITIAL REPORT.—Not later than the Secretary, in consultation with the Assist- end of the first fiscal year in which funds are ant Secretary for the Administration for timately will decide that child’s fate. received under a grant made under this sub- Children and Families and the Administrator To help the child, we must address the part, the State agencies in each eligible of the Substance Abuse and Mental Health addiction of their parents. State that receives such funds, and the In- Services Administration, shall report annu- The issue of alcohol and drug abuse is dian tribes that receive such funds, shall ally, beginning on October 1, 2002, to the difficult. Part of the 1997 Adoption and submit to the Secretary a report on the ac- Committee on Ways and Means of the House Safe Families Act required the Depart- tivities carried out during the fiscal year of Representatives and the Committee on Fi- ment of Health and Human Services with such funds. The report shall contain nance of the Senate on the joint activities such information as the Secretary deter- (HHS) to study this problem within the conducted with funds provided under grants child welfare system. This important mines is necessary to provide an accurate de- made under this subpart, the indicators that scription of the activities conducted with have been established, and the progress that report, Blending Perspectives and such funds and of any changes in the use of has been made in addressing the needs of Building Common Ground, outlines our such funds that are planned for the suc- families with alcohol and drug abuse prob- challenges. There is a lack of appro- ceeding fiscal year. lems who come to the attention of the child priate treatment and services, espe- ‘‘(B) USE OF INDICATORS.—As soon as pos- welfare system and in achieving the goals of cially services designed to meet the sible after the establishment of indicators child safety, permanence, and family sta- needs of parents in the child protection under paragraph (1), the State agencies and bility. Indian tribes shall conduct evaluations, di- system. Unfortunately, there is poor ‘‘(2) EVALUATIONS.—Not later than 6 communication and collaboration be- rectly or under contract, of their progress months after the end of each 5-year funding with respect to such indicators that are di- cycle under this subpart, the Secretary shall tween alcohol and drug abuse agencies rectly related to activities the eligible State submit a report to the committees described and child protection agencies. Issues or Indian tribe is engaging in with such in paragraph (1) that summarizes the results such as confidentiality, different defi- grant funds and include information on the of the evaluations conducted by eligible nitions of who ‘‘the client’’ is, and dif- evaluation in the reports to the Secretary States and Indian tribes under subsection required under subparagraphs (C) and (D). ferent time frames for decisions make (a)(5)(B), as reported by such States and In- After the third year in which such activities collaboration harder. For example, dian tribes in accordance with subparagraphs are conducted, an eligible State or Indian under the 1997 Adoption and Safe Fami- (C) and (D) of subsection (a)(5). The Sec- tribe shall include in the evaluation at least lies Act, state agencies and courts are retary shall include in the report required some indicators that address improvements under this paragraph recommendations for expected to consider termination of pain treatment for families with alcohol and further legislative or administrative actions rental rights if a child has been in fos- drug problems who come to the attention of ter care for 15 of 22 months. Treatment the child welfare system. that are designed to assist children and families with alcohol and drug abuse problems programs designed for single clients ‘‘(C) SUBSEQUENT REPORTS.—After the initial report is submitted under subparagraph who come to the attention of the child wel- have different time frames. (A), an eligible State or Indian tribe shall fare system.’’. To address the challenge, we must submit to the Secretary, not later than June Mr. ROCKEFELLER. Mr. President, find new ways to encourage these two 30 of each fiscal year thereafter in which the today I am here to talk about our Na- independent systems to work together State or tribe carries out activities with tion’s most vulnerable children—those on behalf of parents with an alcohol or grant funds provided under this subpart, a innocent kids who are in the child pro- drug problem and their children. In ad- report on the application of the indicators tection system because they have been dition to treating the patient’s addic- established under paragraph (1) to such ac- abused or neglected by parents, many tion, we must also provide for the tivities. The reports shall include an explanation regarding why the specific indicators of whom have drug or alcohol prob- needs of their child. used were chosen, how such indicators are lems. Over 500,000 children are in foster Therefore, we need to create incen- expected to impact a child’s safety, perma- care nationwide and 3,000 children are tives for both agencies to consider the nence, well-being, and parental recovery, and in West Virginia. Each one deserves a total picture—What are the child’s the results (as of the date of submission of safe, permanent home according to the needs? What are the parent’s needs? the report) of the evaluation conducted fundamental guidelines set by the 1997 How can we effectively serve both, and under subparagraph (B). Adoption and Safe Families Act. meet the fundamental goals of the ‘‘(D) FINAL REPORT.—Not later than Sep- National statistics range between 40 Adoption Law that every child deserves tember 30, 2005, each eligible State and In- percent and 80 percent of families in dian tribe with an approved plan under this a safe, healthy, permanent home. part shall submit a final report on the eval- the child welfare system struggling The HHS report sets five priorities. uations conducted under subparagraph (B) with alcohol or drug abuse, or both. First, it calls for building collaborative and the progress made in achieving the goals One recent survey noted that 67 per- working relationships among agencies. specified in the plan of the State or Indian cent of the parents involved in child It stresses that addiction is a treatable tribe. abuse or neglect cases needed alcohol disease, but access to timely, com- ‘‘(E) FAILURE TO REPORT.— or drug treatment, but only one-third prehensive substance abuse treatment ‘‘(i) IN GENERAL.—Subject to clause (ii), an of those parents got the appropriate services is key. Keeping clients in eligible State or Indian tribe that fails to treatment or services to deal with treatment is crucial, but serving par- submit the reports required under this paragraph or to conduct the evaluation required their addiction. In my own state of ents is harder because services must under subparagraph (B) shall not be eligible West Virginia, over half of the children also be available to their children. As to receive grant funds provided under this placed in foster care have families with mentioned, children of abusing parents subpart for the fiscal year following the fis- alcohol or drug abuse problems, and we need special services. The final priority

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2750 CONGRESSIONAL RECORD — SENATE April 13, 2000 in the HHS study is for research and children and the importance of a safe, comprehensive treatment for parents and more information on the interaction permanent home. It can support out- their children, and priority of child welfare between substance abuse and child patient services or residential treat- families for assessment or treatment. Identify activities.—A description of the maltreatment. ment. It allows investments in after- activities and goals to be implemented under Today, I am proud to join with my care to keep families and children safe. the five-year funding cycle should be identi- colleagues, Senator SNOWE, DEWINE, If we do invest in such specialized al- fied, such as: identify and assess alcohol and and DODD to introduce legislation to cohol and drug treatment programs for drug treatment needs, identify risks to chil- address this troubling issue. We have families, we can achieve two things. dren’s safety and the need for permanency, worked for months with state officials, For many families, I hope, treatment enroll families in appropriate services and child advocates and officials in the sub- will be successful and children will re- treatment in their communities, and regularly assess the progress of families receiv- stance abuse community to develop the turn to a safe and stable home. But for ing such treatment. Child Protection/Alcohol and Drug others, we will have tried, and learned Implement prevention and treatment serv- Partnership Act of 2000. This bill builds the important lesson that some chil- ices.—States and Indian tribes should imple- on the foundation of the Adoption and dren need an alternate place—some ment individualized alcohol and drug abuse Safe Families Act of 1997—fundamental children need adoption. Under the prevention and treatment services that are goals of making a child’s safety, Adoption and Safe Families Act, courts available, accessible, and appropriate that include the following components: health, and permanency paramount. cannot move forward on adoption until (A) Preventive and early intervention serv- To accomplish these bold goals, we appropriate services have been pro- ices for the children of families with alcohol need to be bold by investing in partner- vided to families. That is the law, and and drug abuse problems that integrate alco- ships that will respond to the needs we must follow it. Therefore, to move hol and drug abuse prevention services with and priorities outlined in the com- some children towards adoption, serv- mental health and domestic violence serv- prehensive HHS study. I believe a new ices must be tried for their families. ices, as well as recognizing the mental, emo- program and a new approach are essen- We want a responsible approach that tional, and developmental problems the children may experience. tial. A new system is needed to address will include accountability. It requires (B) Prevention and early intervention serv- the special concerns of this unique pop- annual reports to assess how much ices for parents at risk for alcohol and drug ulation—parents with alcohol and drug progress is made each and every year. abuse problems. problems who neglect their children. A Reports should measure success in (C) Comprehensive home-based, our-pa- program designed to serve a single treating parents, but equally impor- tient and residential treatment options. (D) Formal and informal after-care support male with drug problems doesn’t re- tant will be measures of children’s for families in recovery. spond to the needs of a mother and her safety and family stability. (E) Services and programs that promote child. Over the years, we have worked on parent-child interaction. To be effective, we must link child child welfare issues in a positive, bipar- Sharing information among agencies.— protection workers with those involved tisan manner. I am proud to continue Agencies should eliminate existing barriers in alcohol and drug treatment pro- the bipartisan approach as we grapple to treatment and to child safety and perma- grams. Forging new partnerships takes with such tough controversial issues as nence by sharing information among agencies and learning from the various treatment time—and it takes money. That is why alcohol and drug abuse among parents protocols of other agencies such as: our legislation invests $1.9 billion over in the child welfare system. (A) Creating effective engagement and re- 5 years to combat the problems of Mr. President, I ask unanimous con- tention strategies. drugs and alcohol abuse in families in sent that a fact sheet and section-by- (B) Encouraging joint training of child wel- the child welfare system. section analysis of the bill be printed fare staff and alcohol and drug abuse prevention agencies, and judges and court staff to I understand this is a large sum, but in the RECORD. increase awareness and understanding of alcohol and drug abuse is a huge prob- There being no objection, the mate- drug abuse and related child abuse and ne- lem. Before reacting to the cost of the rial was ordered to be printed in the glect and more accurately identify abuse in bill, consider what the costs are if we RECORD, as follows: families, increase staff knowledge of the do nothing. SECTION-BY-SECTION—CHILD PROTECTION/ services and resources that are available in If we do not invest in alcohol and ALCOHOL AND DRUG PARTNERSHIP ACT OF 2000 the communities, and increase awareness of drug abuse prevention and treatment (A bill to amend part B of title IV of the So- permanence for children and the urgency for for such families, children will be ne- cial Security Act to create a grant pro- time lines in making these decisions. (C) Improving data systems to monitor the glected or abused. Young children will gram to promote joint activities among Federal, State, and local public child wel- progress of families, evaluate service and be placed in foster care, at a wide range treatment outcomes, and determine which of costs, and they will linger there fare and alcohol and drug abuse prevention and treatment agencies) approaches are most effective. longer than other children without (D) Evaluation strategies to identify the family substance abuse problems. GRANTS TO PROMOTE CHILD PROTECTION/ALCO- effectiveness of treatment that has the HOL AND DRUG PARTNERSHIP FOR CHILDREN In 1997, the House Ways and Means greatest impact on families in different cir- Subcommittee received testimony In an effort to improve child safety, family cumstances. stability, and permanence, as well as pro- (E) Training and technical assistance to in- from Professor Richard Barth who mote recovery from alcohol and drug abuse crease the State’s capacity to perform the noted that many newborns in sub- problems, the Secretary may award grants above activities. stance abuse cases already had siblings to eligible States and Indian tribes to foster Plan descriptions and assurances.—States placed in foster care. Barth estimated programs for families who are known to the and Indian tribes should create a plan that that if only one-third of the mothers child welfare system to have alcohol and includes the following descriptions and as- with substance abuse problems got suc- drug abuse problems. The Secretary shall no- surances: tify States and Indian tribes of approval or (A) A description of the jurisdictions in the cessful, early treatment upon the birth State whether urban, suburban, or rural, and of their first child, instead of waiting denial not later than 60 days after submission. the State’s plan to expand activities over the until later, many years of foster care 5-year funding cycle to other parts of the STATE PLAN REQUIREMENTS placements could be prevented and mil- State. lions of dollars could be saved. In order to meet the prevention and treat- (B) A description of the way in which the ment needs of families with alcohol and drug State agency will measure progress, includ- Our bill is designed to tackle this abuse problems in the child welfare system tough issue so agencies do not wait too ing how the agency will jointly conduct an and to promote child safety, permanence, evaluation of the results of the activities. long to help vulnerable children. Our and family stability, State agencies will (C) A description of the input obtained bill will promote innovative ap- jointly work together, creating a plan to from staff of State agencies, advocates, con- proaches that serve both parents and identify the extent of the drug and alcohol sumers of prevention and treatment services, children. It will offer funding for abuse problem. line staff from public and private child wel- screening and assessment to enhance Creation of plan.—State agencies will pro- fare and drug abuse agencies, judges and prevention. It will support outreach to vide data on appropriate screening and as- court staff, representatives of health, mental sessment of cases, consultation on cases in- health, domestic violence, housing and em- families and retention so that parents volving alcohol and drug abuse, arrange- ployment services, as well as a representa- stay in treatment. It can support joint ments for addressing confidentiality and tive of the State agency in charge of admin- training, and educate alcohol and drug sharing of information, cross training of istering the temporary assistance to needy counselors about the special needs of staff, co-location of services, support for families program (TANF).

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2751 (D) An assurance of coordination with be a small state minimum of .05% to ensure (F) Increase number/proportion of staff other services provided under other Federal that all States are eligible for sufficient trained; and or federally assisted programs including funding to establish a program. (G) Increase the proportion of parents who health, mental health, domestic violence, Amount of grant to Indian tribes or tribal complete treatment and show improvement housing, employment programs, TANF, and organizations.—Indian tribes shall be eligi- in their employment status. other child welfare and alcohol and drug ble for a set aside of 3% to 5%. This amount Reports.—The child welfare and alcohol abuse programs and the courts. will be distributed based on the population of and drug abuse and treatment agencies in (E) An assurance that not more than 10% children under 18 in the tribe. each eligible state, and the Indian tribes of expenditures under the State plan for any State matching requirement.—States shall that receive funds shall submit no later than fiscal year shall be for administrative costs. provide, through non-Federal contributions, the end of the first fiscal year, a report to However, Indian tribes will be exempt from the following applicable percentages for a the Secretary describing activities carried this limitation and instead may use the indi- given fiscal year: out, and any changes in the use of the funds rect cost rate agreement in effect for the (A) for fiscal years 2001 and 2002, 15% planned for the succeeding fiscal year. After tribe. match; the first report is submitted, a State or In- (F) An assurance from States that Federal (B) for fiscal years 2003 and 2004, 20% dian tribe must submit to the Secretary an- funds provided will not be used to supplant match; and nually, by the end of the third quarter in the Federal or non-Federal funds for services and (C) for fiscal year 2005, 25% match. fiscal year, a report on the application of the Source of match.—The non-Federal con- activities provided as of the date of the sub- indicators to its activities, an explanation of tributions required of States may be in cash mission of the plan. However, Indian tribes why these indicators were chosen, and the or in-kind, including plant equipment or will be exempt from this provision. results of the evaluation to date. After the services made directly from donations from Amendments.—A State or Indian tribe third year of the grant all of the States must public or private entities. Amounts received may amend its plan, in whole or in part at include indicators that address improve- from the Federal Government may not be in- any time through a plan amendment. The ments in treatment. A final report on eval- cluded in the applicable percentage of con- amendment should be submitted to the Sec- uation and the progress made must be sub- tributions for a given fiscal year. However, retary not later than 30 days after the date mitted to the Secretary not later than the Indian tribes may use three Federal sources of any changes of activities. Approval from end of each five year funding cycle of the of matching funds: Indian Child Welfare Act the Secretary shall be presumed unless, the grant. funds, Indian Self-Determination and Edu- State has been notified of disapproval within Penalty.—States or Indian tribes that fail cation Assistance Act funds, and Community 60 days after receipt. to report on the indicators will not be eligi- Special Application to Indian tribes.—The Block Grant funds. Waiver.—The Secretary may modify ble for grant funds for the fiscal year fol- Indian tribe must submit a plan to the Sec- lowing the one in which it failed to report, retary that describes the activities it will matching funds if it is determined that extraordinary economic conditions in the unless a plan for improving their ability to undertake with both the child welfare and monitor and evaluate their activities is sub- alcohol and drug agencies that serve its chil- State justify the waiver. Indians tribes’ matching funds may also be modified if the mitted to the Secretary and then approved dren to address the needs of families who in a timely manner. come to the attention of the child welfare Secretary determines that it would be inappropriate based on the resources and needs of Secretarial reports and evaluations.—Be- agency who have alcohol and drug problems. ginning October 1, 2002, the Secretary, in The Indian tribe must also meet other appli- the tribe. Use of Funds and Deadline for Request of consultation with the Assistant Secretary cable requirements, unless the Secretary de- for the Administration for Children and termines that it would be inappropriate Payment.—Funds may only be used to carry out activities specified in the plan, as ap- Families, and the Administrator of the Sub- based on the tribe’s resources, needs, and stance Abuse and Mental Health Services other circumstances. proved by the Secretary. Each State or In- dian tribe shall apply to be paid funds not Administration, shall report annually, to the APPROPRIATION OF FUNDS later than the beginning of the fourth quar- Committee on Ways and Means of the House Appropriations.—A total of 1.9 billion dol- ter of a fiscal year or they will be reallotted. of the Representatives and the Committee on lars will be appropriated to eligible States Carryover and Reallotment of funds.— Finance of the Senate on the joint activities, and Indian tribes at the progression rate of: Funds paid to an eligible State or Indian indicators, and progress made with families. (1) for fiscal year 2001, $200,000,000; tribe may be used in that fiscal year or the Evaluations.—Not later than six months (2) for fiscal year 2002, $275,000,000; succeeding fiscal year. If a State does not after the end of each 5 year funding cycle, (3) for fiscal year 2003, $375,000,000; apply for funds allotted within the time pro- the Secretary shall submit a report to the (4) for fiscal year 2004, $475,000,000; and vided, the funds will be reallocated to one or above committees, the results of the evalua- (5) for fiscal year 2005, $575,000,000. more eligible States on the basis of the needs tions as well as recommendations for further Territories.—The Secretary of HHS shall of that individual state. In the cases of In- legislative actions. reserve 2% of the amount appropriated each dian tribes, funds will be reallotted to re- FACT SHEET fiscal year for payments to Puerto Rico, maining tribes that are implementing ap- The Child Protection/Alcohol and Drug Guam, the United States Virgin Islands, proved plans. American Samoa, and the Northern Mariana Partnership Act of 2000 is a bill to create a Islands. In addition, the Secretary shall re- PERFORMANCE MEASUREMENT grant program to promote joint activities serve from 3 to 5 percent of the amount ap- Establishment of Indicators.—The Sec- among Federal, State, and local public child propriated for direct payment to Indian retary, in consultation with the Assistant welfare and alcohol and drug abuse preven- tribes. Secretary for the Administration for Chil- tion and treatment agencies to improve child Research and Training.—The Secretary dren and Families, the Administrator of the safety, family stability, and permanence for shall reserve 1% of the appropriated amount Substance Abuse and Mental Health Services children in families with drug and alcohol for each fiscal year for practice-based re- Administration within HHS, and with state problems, as well as promote recovery from search on the effectiveness of various ap- and local government, public officials re- drug and alcohol problems. proaches for screening, assessment, engage- sponsible for administering child welfare and Child welfare agencies estimate that only ment, treatment, retention, and monitoring alcohol and drug abuse prevention and treat- a third of the 67% of the parents who need of families and training of staff in such ment programs, court staff, consumers of the drug or alcohol prevention and treatment areas. In addition, the Secretary will also en- services, and advocates for these children services actually get help today. This bill sure that a portion of these funds are used and parents will establish indicators within builds on the foundation of the Adoption and for research on the effectiveness of these ap- 12 months of the enactment of this law Safe Families Act of 1997 which requires proaches for Indian children and the training which will be used to assess the performance States to focus on a child’s need for safety, of staff. of States and Indian tribes. A State or In- health and permanence. The bill creates new Determination of use of funds.—Funds may dian tribe will be measured against itself, as- funding for alcohol and drug treatment and only be used to carry out a specific research sessing progress over time against a baseline other activities that will serve the special agenda established by the Secretary, to- established at the time the grant activities needs of these families to either provide gether with the Assistant Secretary of the were undertaken. treatment for parents with alcohol and drug Administration for Children and Families Illustrative Examples.—Indicators of ac- abuse problems so that a child can safely re- and the Administrator of Substance Abuse tivities to be measured include: turn to their family or to promote timely de- and Mental Health Services Administration (A) Improve screening and assessment of cisions and fulfill the requirement of the 1997 with input from public and private nonprofit families; Adoption Act to provide services prior to providers, consumers, representatives of the (B) Increase availability of comprehensive adoption. Indian tribes and advocates. individualized treatment; (C) Increase the number/proportion of fam- GRANTS TO PROMOTE CHILD PROTECTION/ PAYMENTS TO STATES ilies who enter treatment promptly; ALCOHOL AND DRUG PARTNERSHIPS Amount of grant to State and territories.— (D) Increase engagement and retention; In an effort to improve child safety, family Each eligible State will receive an amount (E) Decrease the number of children who stability, and permanence as well as promote based on the number of children under the re-enter foster care after being returned to recovery from alcohol and drug abuse prob- age of 18 that reside in that State. There will families who had alcohol or drug problems; lems, HHS will award grants to States and

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2752 CONGRESSIONAL RECORD — SENATE April 13, 2000 Indian tribes to encourage programs for fam- tors within 12 months of the enactment of munity under section 198. This bill ilies who are known to the child welfare sys- this law which will be used to assess the would eliminate the ‘‘targeted area’’ tem and have alcohol and drug abuse prob- State’s progress under this program. Annual limitation, allowing for increased re- lems. Such grants will forge new and nec- reports by the States must be submitted to mediation in all areas, not just federal essary partnerships between the child pro- HHS. Any state hat fails to submit its report tection agencies and the alcohol and drug will lose its funding for the next year, until designated zones. prevention and treatment agencies in States it comes into compliance. HHS must issue an Mr. President, encouraging commu- so they can together provide necessary serv- annual report to Congress on the progress of nity renewal has long been a very im- ices for this unique population. the Child Protection/Alcohol and Drug Part- portant issue to me. In 1995, my first These grants will help build new partner- nership grants. year as a Senator, I joined with Sen- ships to provide alcohol and drug abuse pre- ators LIEBERMAN, SANTORUM, DEWINE vention and treatment services that are By Mr. ABRAHAM: and Moseley-Braun, to introduce the timely, available, accessible, and appropriate S. 2436. A bill to amend the Internal and include the following components: Enhanced Enterprise Zones Act, to Revenue Code of 1986 to repeal the tar- stimulate job creation and residential (A) Preventive and early intervention serv- geted area limitation on the expense ices for the children of families with alcohol growth in America’s most distressed and drug problems that combine alcohol and deduction for environmental remedi- rural and urban communities. More re- ation costs and to extend the termi- drug prevention services with mental health cently, Senator LIEBERMAN and I intro- and domestic violence services, and recog- nation date of such deduction; to the duced the American Community Re- nize the mental, emotional, and develop- Committee on Finance. newal Act. The ACRA would provide mental problems the children may experi- BROWNFIELD CLEANUP COST RECOVERY ACT benefits to 100 distressed communities ence. ∑ Mr. ABRAHAM. Mr. President, I rise (B) Prevention and early intervention serv- around the country, including tax ben- ices for families at risk of alcohol and drug today to introduce the Brownfield efits designed to attract businesses and problems. Cleanup Cost Recovery Act. This legis- employers to Renewal Zones. It is my (C) Comprehensive home-based, out-pa- lation would repeal the targeted area hope that this bill will become law this tient and residential treatment options. limitation on the expense deduction for year. (D) Formal and informal after-care support environmental remediation costs and In my opinion, Mr. President, for families in recovery that promote child extend the termination date of such de- brownfield remediation is a crucial safety and family stability. duction to 2004. (E) Services and supports that promote component of any policy for commu- positive parent-child interaction. Mr. President, the Environmental nity renewal if that policy is to be suc- Protection Agency’s brownfields pro- FORGING NEW PARTNERSHIPS cessful. The provisions provided in this gram is designed to help communities GAO and HHS studies indicate that the ex- legislation will make such remediation isting programs for alcohol and drug treat- restore less seriously contaminated more likely and more common. There- ment do not effectively service families in sites that have the potential for eco- fore, I urge my colleagues to give it the child protection system. Therefore, this nomic development. Brownfields are their strong support.∑ new grant program will help eliminate bar- defined as abandoned, idled, or under- riers to treatment and to child safety and used industrial and commercial facili- By Mr. SMITH of New Hampshire permanence by encouraging agencies build ties where expansion or redevelopment (for himself and Mr. BAUCUS): partnerships and conduct joint activities in- is complicated by real or perceived en- S. 2437. A bill to provide for the con- cluding: (A) Promote appropriate screening and as- vironmental contamination. servation and development of water sessment of alcohol and drug problems. In general, costs incurred for new and related resources, to authorize the (B) Create effective engagement and reten- buildings or for permanent improve- Secretary of the Army to construct tion strategies that get families into timely ments to increase the value of a prop- various projects for improvements to treatment. erty must be capitalized—the cost rivers and harbors of the United (C) Encourage joint training for staff of must be deducted over a period of States, and for other purposes; to the child welfare and alcohol and drug abuse pre- years. Some expenses, such as repairs, vention and treatment agencies, and judges Committee on Environment and Public and other court personnel to increase under- are currently deductible—deductible in Works. standing of alcohol and drug problems re- the year in which the cost is incurred. WATER RESOURCES DEVELOPMENT ACT OF 2000 lated to child abuse and neglect and to more This is also called expensing. It is a ∑ Mr. SMITH of New Hampshire. Mr. accurately identify alcohol and drug abuse in considerable financial advantage to be President, I ask unanimous consent families. Such training increases staff able to fully deduct an expense in one that the text of the bill be printed in knowledge of the appropriate resources that year rather than over many. The are available in the communities, and in- the RECORD. brownfields tax provision would in- There being no objection, the bill was creases awareness of the importance of per- clude environmental remediation costs manence for children and the urgency for ex- ordered to be printed in the RECORD, as pedited time lines in making these decisions. as allowable costs for expensing. This follows: would create the financial incentive (D) Improve data systems to monitor the S. 2437 progress of families, evaluate service and needed to bring companies in to reme- Be it enacted by the Senate and House of Rep- treatment outcomes, and determine which diate brownfields. resentatives of the United States of America in approaches are most effective. Prior to the passage of the Taxpayer Congress assembled, (E) Evaluate strategies to identify the ef- Relief Act of 1997, the tax code discour- fectiveness of treatment and those parts of SECTION 1. SHORT TITLE; TABLE OF CON- aged the remediation of environ- TENTS.— the treatment that have the greatest impact mentally damaged property. In 1996, I on families in different circumstances. (a) SHORT TITLE.—This Act may be cited as introduced legislation to eliminate this the ‘‘Water Resources Development Act of NEW, TARGETED INVESTMENTS bias. This legislation ultimately was 2000’’. A total of $1.9 billion will be available to included as part of the Taxpayer Relief (b) TABLE OF CONTENTS.— eligible States with funding of $200 million Sec. 1. Short title. in the first year expanding to $575 million by Act of 1997, which is now law. However, the incentive expires at the end of this Sec. 2. Definitions. the last year. The amount of funding will be Sec. 3. Comprehensive Everglades restora- based on the State’s number of children year. As part of the Taxpayer Refund tion plan. under 18, with a small State minimum to en- and Relief Act of 1999, Congress passed Sec. 4. Watershed and river basin assess- sure that every State gets a fair share. In- provisions expanding upon this impor- ments. dian tribes will have a 3%-5% set aside. State tant community development legisla- Sec. 5. Brownfields Revitalization Program. child welfare and alcohol and drug agencies tion. This bill contains the same provi- Sec. 6. Tribal Partnership Program. shall have a modest matching requirement sions that were included in the Tax- Sec. 7. Ability to pay. for funding beginning with a 15% match and Sec. 8. Property Protection Program. gradually increasing to 25%. The Secretary payer Refund and Relief Act of 1999, which Congress passed, but President Sec. 9. National Recreation Reservation has discretion to waive the State match in Service. cases of hardship. Clinton vetoed. Sec. 10. Operation and maintenance of hydro- ACCOUNTABILITY AND PERFORMANCE In addition, Mr. President, current electric facilities. MEASUREMENT law limits expensing of brownfield sites Sec. 11. Interagency and international sup- To ensure accountability, HHS and the re- to those sites within ‘‘targeted’’ port. lated State agencies must establish indica- areas—defined as being a renewal com- Sec. 12. Reburial and transfer authority.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0655 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2753 Sec. 13. Amendment to Rivers and Harbors the residents of south Florida and providing Plan to modify the Central and Southern Act. water to the water conservation areas, Ever- Florida Project to restore, preserve, and pro- Sec. 14. Structural flood control cost-shar- glades National Park and other natural tect the South Florida ecosystem. These ing. areas for the purpose of preserving fish and changes are necessary in order to ensure Sec. 15. Calfed Bay Delta Program assist- wildlife resources. The population of the re- that the Central and Southern Florida ance. gion is expected to continue to grow, further Project as amended provides for the im- Sec. 16. Project de-authorizations. straining the ability of the existing Central provement and protection of water quality Sec. 17. Floodplain management require- and Southern Florida Project to meet the in, and the reduction of the loss of fresh ments. needs of the natural system and the people of water from, the South Florida ecosystem, as Sec. 18. Transfer of project lands. south Florida. well as providing for the water related needs Sec. 19. Puget Sound and Adjacent waters (3) Modifications to the Central and South- of the region, including flood protection, the restoration. ern Florida Project are needed to restore, enhancement of water supplies, and other ob- SEC. 2. DEFINITION OF SECRETARY. preserve, and protect the South Florida eco- jectives served by the Central and Southern In this Act, the term ‘‘Secretary’’ means system, including the Everglades, while con- Florida Project. the Secretary of the Army. tinuing to provide for the water related (2) SPECIFIC AUTHORIZATIONS.— needs of the region, including flood protec- SEC. 3. COMPREHENSIVE EVERGLADES RES- (A) IN GENERAL.—Those projects included TORATION PLAN. tion and other objectives served by the in the Comprehensive Everglades Restora- Project. (a) DEFINITIONS.—In this section, the fol- tion Plan and specified in paragraphs (B) and (4) The Comprehensive Everglades Restora- lowing definitions apply: (C) are authorized to be carried out by the tion Plan is a scientifically and economi- (1) CENTRAL AND SOUTHERN FLORIDA Secretary substantially in accordance with cally sound plan that modifies the Central PROJECT.—The term ‘‘Central and Southern the plans, and subject to the conditions de- and Southern Florida Project to restore, pre- Florida Project’’ means the project for Cen- scribed in the Central and Southern Florida serve and protect the South Florida eco- tral and Southern Florida authorized under Project: Comprehensive Review Study Re- system. By storing most of the water cur- the heading ‘‘CENTRAL AND SOUTHERN FLOR- port of the Chief of Engineers dated June 22, rently discharged to the Atlantic Ocean and IDA’’ in section 203 of the Flood Control Act 1999. Gulf of Mexico, ensuring the quality of water of 1948 (62 Stat. 1176), any modification to (B) PILOT PROJECTS.—The following pilot discharged into the South Florida ecosystem the project authorized by law, or modified by projects are authorized for implementation, from project features, and removing internal the Comprehensive Everglades Restoration after review and approval by the Secretary, levees and canals in the Everglades, the Plan. at a total cost of $69,000,000, with an esti- Comprehensive Everglades Restoration Plan (2) SOUTH FLORIDA ECOSYSTEM.—The term mated Federal cost of $34,500,000 and an esti- provides the roadmap for the recovery of a ‘‘South Florida ecosystem’’ means the area mated non-Federal cost of $34,500,000: healthy, sustainable ecosystem as well as consisting of the lands and waters within the (1) Caloosahatchee River (C–43) Basin ASR providing for the other water-related needs boundary, existing on July 1, 1999, of the ($6,000,000); of the region, including flood protection, the South Florida Water Management District, (2) Lake Belt In-Ground Reservoir Tech- enhancement of water supplies, and other ob- including the Everglades ecosystem, the nology ($23,000,000); jectives served by the Central and Southern (3) L–31N Seepage Management (10,000,000); Florida Keys, Biscayne Bay, Florida Bay, Florida Project. and, and other contiguous near-shore coastal (5) The comprehensive, system-wide nature (4) Wastewater Reuse Technology waters of South Florida. of the Comprehensive Everglades Restora- ($30,000,000). (3) COMPREHENSIVE EVERGLADES RESTORA- tion Plan and the linkage of the elements of (C) OTHER PROJECTS.—The following TION PLAN.—The term ‘‘Comprehensive Ever- the plan to each other must be preserved not projects are authorized at a total cost of glades Restoration Plan’’ means the plan only during the over 25-year period that will $1,100,918,000, with an estimated Federal cost contained in the ‘‘Final Feasibility Report be necessary for its implementation, but for of $550,459,000 and an estimated non-Federal and Programmatic Environmental Impact as long as the project remains authorized. cost of $550,459,000. Prior to implementation Statement,’’ April 1999, as transmitted to Implementation must proceed in a proof projects (1) through (10), the Secretary the Congress by the July 1, 1999, letter of the grammatic manner using the principles of shall review and approve a Project Imple- Assistant Secretary of the Army for Civil adaptive assessment as outlined in the Com- mentation Report prepared in accordance Works pursuant to Section 528 of the Water prehensive Everglades Restoration Plan. with subsection (g). Resources Development Act of 1996 (110 Stat. (6) The Comprehensive Everglades Restora- (1) C–44 Basin Storage Reservoir 3767). tion Plan contains a number of components ($112,562,000); (4) NATURAL SYSTEM.—The term ‘‘natural that will benefit Everglades National Park, (2) Everglades Agricultural Area Storage system’’ means all Federally or state man- Biscayne National Park, Florida Keys Na- Reservoirs—Phase I ($233,408,000); aged lands and waters within the South Flor- tional Marine Sanctuary, Big Cypress Na- (3) Site 1 Impoundment ($38,535,000); ida ecosystem, including the water conserva- tional Preserve, Ten Thousand Islands Na- (4) Water Conservation Areas 3A/3B Levee tion areas, Everglades National Park, Big tional Wildlife Refuge, and Loxahatchee Na- Seepage Management ($100,335,000); Cypress National Preserve, and other feder- tional Wildlife Refuge by significantly im- (5) C–11 Impoundment and Stormwater ally or state designated conservation lands, proving the quantity, quality, timing, and Treatment Area ($124,837,000); and other lands that create or contribute to distribution of waste delivered to these Fed- (6) C–9 Impoundment and Stormwater habitat supporting native flora and fauna. eral areas. Improved water deliveries will Treatment Area ($89,146,000); (b) FINDINGS.—The Congress finds that: also provide benefits to federally-listed (7) Taylor Creek/Nubbin Slough Storage (1) The Everglades is an American treas- threatened and endangered species. and Treatment Area ($104,027,000); ure. In its natural state, the South Florida (7) The Congress, the Federal government, (8) Raise and Bridge East Portion of ecosystem was connected by the flow of fresh and the State of Florida have, in prior legis- Tamiami Trail and Fill Miami Canal within water from the Kissimmee River to Lake lation, recognized the need to restore, pre- Water Conservation Area 3 ($26,946,000); Okeechobee—south through vast freshwater serve, and protect the South Florida eco- (9) North New River Improvements marshes known as the Everglades—to Flor- system, These on-going efforts are important ($77,087,000); ida Bay, and on to the coral reefs of the Flor- to the success of the Comprehensive Ever- (10) C–111 Spreader Canal ($94,035,000); and ida Keys. The South Florida ecosystem cov- glades Restoration Plan. Since the creation (11) Adaptive Assessment and Monitoring ers approximately 18,000 square miles and of the South Florida Ecosystem Restoration Program (10 years) ($100,000,000). once included a unique and biologically pro- Task Force in 1993, the Federal government (d) ADDITIONAL PROGRAM AUTHORITY.—In ductive region, supporting vast colonies of has been working in partnership with tribal, order to expedite implementation of the wading birds, a mixture of temperate and state, and local governments, the private Comprehensive Everglades Restoration Plan, tropical plant and animal species, and teem- sector, and individual citizens to accomplish the Secretary is authorized to implement ing coastal fisheries and North America’s restoration of the South Florida ecosystem. modifications to the Central and Southern only barrier coral reef. The South Florida It is important for the long-term restoration Florida Project that are consistent with the ecosystem is endangered as a result of ad- of this ecosystem that these efforts, includ- Comprehensive Everglades Restoration Plan verse changes in the quantity, distribution, ing the South Florida Ecosystem Restora- and that will produce independent and sub- and timing of flows and degradation of water tion Task Force, be continued and strength- stantial restoration, preservation, or protec- quality. The Everglades alone has been re- ened. The state, with its financial respon- tion benefits to the South Florida eco- duced in size by approximately 50 percent. sibilities for project implementation and ca- system; provided that the total Federal cost Restoration of this nationally and inter- pabilities in the planning, design, construc- of each project accomplished under this au- nationally recognized ecosystem, including tion, and operation of the Comprehensive Ev- thority shall not exceed $35,000,000; and pro- America’s Everglades, is in the Nation’s in- erglades Restoration Plan, must be a full vided further that the total Federal cost of terest. partner with the Federal government. all the projects accomplished under this au- (2) The Central and Southern Florida (c) COMPREHENSIVE EVERGLADES RESTORA- thority shall not exceed $250,000,000. Prior to Project plays an important role in the econ- TION PLAN.— implementation of any project authorized omy of south Florida by providing flood pro- (1) IN GENERAL.—Congress hereby approves under this subsection, the Secretary shall re- tection and water supply to agriculture and the Comprehensive Everglades Restoration view and approve a Project Implementation

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2754 CONGRESSIONAL RECORD — SENATE April 13, 2000 Report prepared in accordance with sub- sion of law regarding economic justification, and Southern Florida Project remains au- section (g). in carrying out activities authorized in ac- thorized. When implemented fully, the ap- (e) AUTHORIZATION OF FUTURE PROJECT cordance with subsections (c), (d), and (e), proximately 68 features of the Comprehen- FEATURES.—Except for those projects au- the Secretary may determine that activities sive Everglades Restoration Plan will result thorized in subsections (c) and (d), all future are justified by the environmental benefits in modifications to the existing Central and projects included in the Comprehensive Ev- derived by the South Florida ecosystem in Southern Florida Project works that shall erglades Restoration Plan shall require a general and the Everglades and Florida Bay provide the water necessary to restore, pre- specific authorization of Congress. Prior to in particular; and shall not need further eco- serve and protect the natural system while authorization, the Secretary shall transmit nomic justification if the Secretary deter- providing for other water related needs of such projects to Congress along with a mines that the activities are cost effective. the region. The Secretary shall ensure that Project Implementation Report prepared in (h) SOCIALLY AND ECONOMICALLY DISADVAN- both the natural system and the human en- accordance with subsection (g). Further, TAGED INDIVIDUALS.— vironment receive the benefits intended such projects, if authorized, shall be imple- (1) IN GENERAL.—Socially and economically when such modifications to the Central and mented pursuant to subsection (i) of this sec- disadvantaged individuals and communities Southern Florida project are made pursuant tion. make up a large portion of the South Florida to the Comprehensive Everglades Restora- (f) COST SHARING.— ecosystem and have legitimate interests in tion Plan and previous Acts of Congress. (1) IN GENERAL.—The non-Federal share of the implementation of the Comprehensive (2) DEDICATION AND MANAGEMENT OF the cost of implementing projects authorized Everglades Restoration Plan. Further, such WATER— under subsections (c), (d), and (e) shall be 50 groups have not, in some cases, been given (A) IN GENERAL.—Consistent with sub- percent. The non-Federal sponsor shall be re- the opportunity to understand and partici- section (i)(2)(B), the Secretary shall dedicate sponsible for all lands, easements, rights-of- pate fully in the development of water re- and manage the water made available from way, and relocations and shall be afforded sources projects. As provided in this sub- the Central and Southern Florida Project credit toward the non-Federal share in ac- section, the Secretary shall ensure that im- features authorized, constructed, and oper- cordance with paragraph (3)(A). The non- pacts on socially and economically disadvan- ated in accordance with previous Acts of Federal sponsor may accept Federal funding taged individuals are considered during the Congress and this Act authorizing the imple- for the purchase of the necessary lands, ease- implementation of the Comprehensive Ever- mentation of features of the Comprehensive ments, rights-of-way or relocations, provided glades Restoration Plan and that such indi- Everglades Restoration Plan, for the tem- that such assistance is credited toward the viduals have opportunities to review and poral and spatial needs of the natural sys- Federal share of the cost of the project. comment on its implementation. tem. The needs of the natural system and (2) OPERATION AND MAINTENANCE.—Notwith- (2) DEFINITIONS.—In this subsection, the the human environment shall be defined in standing section 528(e)(3) of the Water Re- following definitions apply: terms of quality, quantity, timing and dis- sources Development Act of 1996, the non- (A) SMALL BUSINESS CONCERN.—The term tribution of water. In developing the regula- Federal sponsor shall be responsible for sixty ‘‘small business concern’’ has the meaning tions that provide for the dedication and percent of the operation, maintenance, re- such term has under section 3 of the Small management of water for the natural system pair, replacement, and rehabilitation cost of Business Act (15 U.S.C. 632). in accordance with this subsection, the Sec- activities authorized under this section. (B) SOCIALLY AND ECONOMICALLY DISADVAN- retary shall incorporate rainfall driven oper- (3) CREDIT AND REIMBURSEMENT.— TAGED INDIVIDUALS.—The term ‘‘socially and ational criteria and annual fluctuations in (A) LANDS.—Regardless of the date of ac- economically disadvantaged individuals’’ has rainfall. quisition, the value of lands or interests in the meaning such term has under section (B) PROGRAMMATIC REGULATIONS.—The Sec- land acquired by non-Federal interests for 8(d) of the Small Business Act (15 U.S.C. retary shall, after notice and opportunity for any activity required in this section shall be 637(d)) and relevant subcontracting regula- public comment and with the concurrence of included in the total cost of the activity and tions promulgated pursuant thereto. the Secretary of the Interior, and in con- credited against the non-Federal share of the (3) PROGRAM FOR SOCIALLY AND ECONOMI- sultation with the Secretary of Commerce, cost of the activity. Such value shall be de- CALLY DISADVANTAGED INDIVIDUALS.—The the Administrator of the Environmental termined by the Secretary. Secretary shall establish a program to en- Protection Agency and the Governor of the (B) WORK.—The Secretary may provide sure that socially and economically dis- State of Florida, issue programmatic regula- credit, including in-kind credit, to or reim- advantaged individuals within the South tions identifying the amount of water to be burse the non-Federal project sponsor for the Florida ecosystem are informed of the Com- dedicated and managed for the natural sys- reasonable cost of any work performed in prehensive Everglades Restoration Plan, tem from the Central and Southern Florida connection with a study or activity nec- given the opportunity to review and com- Project features authorized, constructed, and essary for the implementation of the Com- ment on each project feature, provided op- operated in accordance with previous acts of prehensive Everglades Restoration Plan if portunities to participate as a small business Congress and this Act through the imple- the Secretary determines that the work is concern contractor, and given opportunities mentation of the Comprehensive Everglades necessary and the credit or reimbursement is for employment or internships in emerging Restoration Plan features. Such regulations granted for work completed during the pe- industry sectors. shall be completed within two years of the riod of design or implementation pursuant to (4) CONTRACTS TO BUSINESSES OWNED BY SO- date of enactment of this Act. These regula- an agreement between the Secretary and the CIALLY AND ECONOMICALLY DISADVANTAGED IN- tions shall ensure that the natural system non-Federal sponsor that prescribes the DIVIDUALS.—The Secretary shall establish a and the human environment receive the ben- terms and conditions of the credit or reim- goal that not less than 10 percent of the efits intended, including benefits for the res- bursement. amounts made available for construction of toration, preservation, and protection of the (C) AUDITS.—Credit or reimbursement for projects authorized pursuant to subsections natural system, as the Comprehensive Ever- land or work granted under this subsection (c), (d) and (e), shall be expended with small glades Restoration Plan is implemented and shall be subject to audit by the Secretary. business concerns owned and controlled by incorporated into the Central and Southern (g) EVALUATION OF PROJECT FEATURES.— socially and economically disadvantaged in- Florida Project for as long as the project re- (1) IN GENERAL.—Prior to implementation dividuals within the South Florida eco- mains authorized. Nothing in this Act shall of project features authorized in subsection system. prevent the State of Florida from reserving (c)(2)(C)(1) through (c)(2)(C)(10) and sub- (i) ASSURING PROJECT BENEFITS.— water for environmental uses under the 1972 section (d), the Secretary, in cooperation (1) IN GENERAL.—The primary and over- Florida Water Resources Act to the extent with the non-Federal sponsor, shall, after no- arching purpose of the Comprehensive Ever- consistent with this section. tice and opportunity for public comment, glades Restoration Plan is to restore, pre- (C) PROJECT SPECIFIC REGULATIONS.—The complete Project Implementation Reports to serve and protect the natural system within Secretary, after notice and opportunity for address the project(s) cost effectiveness, en- the South Florida ecosystem. The Com- public comment, and in consultation with gineering feasibility, and potential environ- prehensive Everglades Restoration Plan the Secretary of the Interior, Secretary of mental impacts, including National Environ- shall be implemented to ensure the protec- Commerce, the Administrator of the Envi- mental Policy Act compliance. The Sec- tion of water quality in, the reduction of the ronmental Protection Agency, other Federal retary shall coordinate with appropriate loss of fresh water from, and the improve- agencies, and the State of Florida shall de- Federal, tribal, state and local governments ment of the environment of the South Flor- velop project feature specific regulations to during the development of such reports and ida ecosystem, while providing for other ensure that the benefits anticipated from shall identify any additional water that will water-related needs of the region, including each feature of the Comprehensive Ever- be made available for the natural system, ex- water supply and flood protection. The Cen- glades Restoration Plan are achieved and isting legal users, and other water related tral and Southern Florida Project, as amend- maintained as long as the project remains needs of the region. Further, such reports ed by the Comprehensive Everglades Res- authorized. Each such regulation shall be shall ensure that each project feature is con- toration Plan, shall be implemented in a consistent with the programmatic regula- sistent with the programmatic regulations manner that ensures that the benefits to the tions issued pursuant to subsection (i)(2)(B), issued pursuant to subsection (i). natural system and the human environment, be based on the best available science, and (2) PROJECT JUSTIFICATION.—Notwith- including the proper quantity, quality, tim- ensure that the quantity, quality, timing, standing section 209 of the Flood Control Act ing and distribution of water, are achieved and distribution of water for the natural sys- of 1970 (42 U.S.C. 1962–2) or any other provi- and maintained for as long as the Central tem and the human environment anticipated

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2755

in the Comprehensive Plan for each project The non-Federal sponsor may provide the (f) AUTHORIZATION OF APPROPRIATIONS.— feature is achieved and maintained. non-Federal cost-sharing requirement There is authorized to be appropriate to (3) EXISTING WATER USES.—The Secretary through the provision cash or services, mate- carry out this section $25,000,000 for each fis- shall ensure that the implementation of the rials, supplies, or other in-kind services. In cal year from 2002 through 2005. Comprehensive Everglades Restoration Plan, no event shall such credit exceed the non- (g) PROGRAM EVALUATION.—Not later than including physical or operational modifica- Federal required share of costs for the as- December 31, 2005, the Secretary shall sub- tions to the Central and Southern Florida sessment. mit to the Committee on Transportation and Project, does not cause substantial adverse ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Infrastructure of the House of Representa- impacts on existing legal water uses, includ- There is authorized to be appropriated to tives and the Committee on Environment ing annual water deliveries to Everglades carry out this section $15,000,000.’’ and Public Works of the Senate a report that National Park, water for the preservation of SEC. 5. BROWNFIELDS REVITALIZATION PRO- discusses the program’s performance objec- fish and wildlife in the natural system, and GRAM tives and evaluates is effectiveness in other legal uses as of the date of enactment (a) GENERAL.—The Secretary shall, in con- achieving them, along with any rec- of this Act. The Secretary shall not elimi- sultation with the Environmental Protection ommendations concerning continuation of nate existing legal sources of water supply, Agency and other appropriate agencies, the program. including those for agricultural water sup- carry out a program to provide assistance to SEC. 6. TRIBAL PARTNERSHIP PROGRAM. ply, water for Everglades National Park and non-Federal interests in the remediation and (a) IN GENERAL.—The Secretary is author- the preservation of fish and wildlife, until restoration of abandoned or idled industrial ized, in cooperation with Federally recog- new sources of water supply of comparable and commercial sites where such assistance nized Indian tribes and other Federal agen- quantity and quality are available to replace will improve the quality, conservation, and cies, to study and determine the feasibility the water to be lost from existing sources. sustainable use of the Nation’s streams, riv- of implementing water resources develop- Existing authorized levels of flood protection ers, lakes, wetlands, and floodplains. Assist- ment projects that will substantially benefit will be maintained. ance may be in the form of site characteriza- Indian tribes, and are located primarily tions, planning, design, and construction (j) REPORT TO CONGRESS.—Beginning on Oc- within Indian country, as defined in 18 U.S.C. tober 1, 2005, and periodically thereafter projects. To the maximum extent prac- 1151, or in proximity to Alaska native vil- until October 1, 2036, the Secretary and the ticable, projects implemented by the Sec- lages. Studies conducted under this author- Secretary of the Department of the Interior, retary under this section will be done in co- ity may address, but are not limited to, in consultation with the Environmental Pro- operation and coordination with other Fed- projects for flood damage reduction, environ- eral, Tribal, State, and local efforts to maxi- tection Agency, the Department of Com- mental restoration and protection, and pres- mize resources available for the remediation, merce and the State of Florida, shall jointly ervation of cultural and natural resources. restoration, and redevelopment of brownfield submit to Congress a report on the imple- (b) CONSULTATION AND COORDINATION.—the sites. mentation of the Comprehensive Everglades Secretary shall consult with the Secretary of (b) JUSTIFICATION FOR ASSISTANCE.—Not- Restoration Plan. Such reports shall be com- the Interior on studies conducted under this withstanding any economic justification pro- section in recognition of the unique role of pleted no less than every five years. Such revision or requirement of section 209 of the ports shall include a description of planning, the Secretary of the Interior regarding trust Flood Control Act of 1970 [42 U.S.C. 1962–2] or responsibilities with Indian tribes, and in design, and construction work completed, economic justification provision of any other the amount of funds expended during the pe- recognition of mutual trust responsibilities. law, the Secretary may determine that the the Secretary shall integrate Army Civil riod covered by the report, and the work an- assistance projects authorized by subsection ticipated over the next five-year period. In Works activities with activities of the De- (a), partment of the Interior to avoid conflicts, addition, each report shall include the deter- (1) is justified by the public health and duplications of effort, or unanticipated ad- mination of each Secretary, and the Admin- safety, and environmental benefits; and istrator of the Environmental Protection (2) shall not need further economic jus- verse effects to Indian tribes, and shall con- Agency, concerning the benefits to the nat- tification if the Secretary determines that sider existing authorities and programs of ural system and the human environment the assistance is cost effective. the Department of the Interior and other achieved as of the date of the report and (c) COST SHARING.— Federal agencies in any recommendations whether the completed features of the Com- (1) IN GENERAL.—Prior to implementing regarding implementation of project studied prehensive Everglades Restoration Plan are any assistance project under this section, under this section. being operated in a manner that is con- the Secretary shall enter into a binding (c) ABILITY TO PAY.—Any cost-sharing sistent with the programmatic regulations agreement with the non-Federal interest, agreement for a study under this section established under subsection (i)(2)(B). which shall require the non-Federal interest shall be subject to the ability of a non-Fed- to: (a) pay 50 percent of the total costs of the eral interest to pay. The ability of any non- SEC. 4. WATERSHED AND RIVER BASIN ASSESS- Federal interest to pay shall be determined MENTS. assistance project; (b) acquire and place in by the Secretary in accordance with proce- Section 729 of Public Law 99–662 [100 stat. public ownership for so long as is necessary dures established by the Secretary. 4164] is amended by— to implement and complete the assistance project any lands, easements, rights-of-way, (d) CREDITS.—For such studies conducted (a) striking ‘‘STUDY OF WATER RE- under this section, the Secretary may afford SOURCES NEEDS OF RIVER BASINS AND and relocations necessary for implementation and completion of the assistance credit to the tribe for services, studies, sup- REGIONS.’’ and all that follows, and plies, and other in-kind consideration where (b) inserting in lieu thereof: project; (c) pay 100 percent of any operation, maintenance, repair, replacement, and reha- the Secretary determines that such services, ‘‘WATERSHED AND RIVER BASIN ASSESSMENTS. bilitation costs associated with the assist- studies, supplies, and other-in-kind consider- ‘‘(a) IN GENERAL.—The Secretary is author- ance project; and (d) hold and save harmless ation will facilitate completion of the ized to assess the water resources needs of the United States free from claims or dam- project. In no event shall such credit exceed river basins and watersheds of the United ages due to implementation of the assistance the tribe’s required share of costs for the States. Such assessments shall be under- project, except for the negligence of the Gov- study. taken in cooperation and coordination with ernment or its contractors. (e) AUTHRORIZATION OF APPROPRIATIONS.— the Departments of the Interior, Agriculture (2) CREDIT.—The non-Federal interest shall There is authorized to be appropriated to and Commerce, the Environmental Protec- receive credit for the value of any lands, carry out subsection (a) of this section tion Agency, and other appropriate agencies, easements, rights-of-way, and relocations $5,000,000 for each fiscal year, for fiscal years and may include an evaluation of ecosystem provided for implementation and completion 2002 through 2006. Not more than $1,000,000 in protection and restoration, flood damage re- of such assistance project. The Secretary Army Civil Works appropriations may be al- duction, navigation and port needs, water- also may afford credit to a non-Federal in- lotted under this section for any one tribe. sheds protection, water supply, and drought terest for services, studies, supplies, and (f) DEFINITION.—For the purposes of this preparedness. other in-kind consideration where the Sec- section the term ‘‘Indian tribes’’ means any ‘‘(b) CONSULTATION.—The Secretary shall retary determines that such services, stud- tribe, band, nation, or other organized group consult with Federal, Tribal, State, inter- ies, supplies, and other in-kind consideration of community of Indians, including any Alas- state, and local governmental entities in will facilitate completion of the assistance ka Native village (as defined in, or estab- carrying out the assessments authorized by project. In no event shall such credit exceed lished pursuant to, the Alaska Native Claims this section. In conducting such assessments, the 50 percent non-Federal cost-sharing re- Settlement Act [43 U.S.C.A. § 1601 et seq.] the Secretary may accept contributions of quirement. which is recognized as eligible for the special services, materials, supplies and cash from (d) APPLICABILITY OF OTHER FEDERAL AND programs and services provided by the Federal, Tribal, State, interstate, and local STATE LAWS.—Nothing in this section shall United States to Indians because of their governmental entities where the Secretary be construed as waiving, limiting, or other- status as Indians. determines that such contributions will fa- wise affecting the applicability of any provi- SEC. 7. ABILITY TO PAY. cilitate completion of the assessments. sion of Federal or State law. Section 103(m) of Public Law 99–662 (33 ‘‘(c) COST SHARING REQUIREMENTS.—The (e) PROJECT COST LIMITATION.—Not more U.S.C. 2213(m), as amended) is amended by: non-Federal share of the cost of an assess- than $5,000,000 in Army Civil Works Appro- (1) Deleting subsection ‘‘(1)’’ in its entirety ment conducted under this section shall be priations funds may be allotted under this and inserting in lieu thereof the following 25 percent of the cost of such assessment. section at any single site. language:

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2756 CONGRESSIONAL RECORD — SENATE April 13, 2000

‘‘(1) IN GENERAL.—Any cost-sharing agree- civil works projects managed by the Sec- River basins with the long-term goals of the ment under this section for a feasibility retary that may be used to reinter Native CALFED Bay Delta Program. study or for construction of an environ- American remains that have been discovered (b) COOPERATIVE ACTIVITIES.—In partici- mental protection and restoration or flood on project lands, and which have been right- pating in the CALFED Bay Delta Program as control project, or for construction of an ag- fully claimed by a lineal descendant or In- provided for in subsection (a) of this section, ricultural water supply project, shall be sub- dian tribe in accordance with applicable Fed- the Secretary is authorized to accept and ex- ject to the ability of a non-Federal interest eral law. The Secretary, in consultation and pend funds from other Federal agencies and to pay.’’ in consent with the lineal descendant or the from non-Federal public, private and non- (2) Deleting subsection ‘‘(2)’’ in its entirety respective Indian tribe, is authorized to re- profit entities to carry out ecosystem res- and inserting in lieu thereof the following cover and rebury the remains at such sites at toration projects and activities associated language: full Federal expense. with the CALFED Bay Delta Program and ‘‘(2) CRITERIA AND PROCEDURES.—the ability (2) TRANSFER AUTHORITY.—Notwith- may enter into contracts, cooperative re- of a non-Federal interest to pay shall be de- standing any provision of law, the Secretary search and development agreements, and co- termined by the Secretary in accordance is authorized to transfer to the Indian tribe operative agreements with Federal and non- with criteria and procedures in effect on the the land identified by the Secretary in sub- Federal private, public, and non-profit enti- day before the date of the enactment of the section (1) for use as a cemetery. The Sec- ties in carrying out these projects and ac- Water Resources Development Act of 2000; retary shall retain any necessary rights-of- tivities. except that such criteria and procedures way, easements, or other property interests (c) AUTHORIZATION OF APPROPRIATIONS.— shall be revised, and new criteria and proce- that the Secretary of the Army determines There is authorized to be appropriated to the dures be developed, within 18 months after is necessary to carry out the authorized Department of the Army to carry out activi- such date of enactment to reflect the re- project purpose. ties under this section $5,000,000 for fiscal quirements of paragraph (3) of section 202(b) (b) DEFINITION.—For the purposes of this years from 2002 through 2005. of the Water Resources Development Act of section the term ‘‘Indian tribe’’ means any (d) DEFINITION.—For purposes of this sec- 1996 [110 STAT. 3674].’’ tribe, band, nation, or other organized group tion, the area covered by the CALFED Bay (3) adding the word ‘‘and’’ at the end of or community of Indians, including any Delta Program is defined as the San Fran- subsection (3)(A)(ii) Alaska Native village (as defined in, or es- cisco Bay, Sacramento-San Joaquin Delta (4) Deleting subsection (3)(B) in its en- tablished pursuant to, the Alaska Native Estuary and its watershed (Bay-Delta Estu- tirety. Claims Settlement Act [43 U.S.C.A. § 1601 et ary) as identified in the Framework Agree- (5) Deleting subsection (3)(C) in its en- seq.] which is recognized as eligible for the ment Between the Governor’s Water Policy tirety and inserting in lieu thereof the fol- special programs and services provided by Council of the State of California and the lowing language: the United States to Indians because of their Federal Ecosystem Directorate (Club Fed). ‘‘(B) may consider additional criteria re- status as Indians. SEC. 16. PROJECT DE-AUTHORIZATIONS. lating to the non-Federal interest’s financial SEC. 13. AMENDMENT TO RIVERS AND HARBORS Section 33 U.S.C. 579a is deleted in its en- ability to carry out is cost-sharing respon- ACT. tirety and the following language inserted in sibilities, or relating to additional assistance 33 U.S.C. 401 is amended by adding the fol- lieu thereof: that may be available for other Federal or lowing language at the end of the last sen- ‘‘PROJECT DE-AUTHORIZATIONS State sources.’’ tence: ‘‘The approval required by this section ‘‘(a) PROJECTS NEVER UNDER CONSTRUC- SEC. 8. PROPERTY PROTECTION PROGRAM. of the location and plans, or any modifica- TION.— (a) IN GENERAL.—The Secretary is author- tion of plans, for any dam or dike, applies ‘‘(1) The Secretary shall transmit annually ized to implement a program to reduce van- only to any dam or dike that would com- to Congress a list of projects and separable dalism and destruction of property at water pletely span a waterway currently used to elements of projects that have been author- resources development projects under the ju- transport interstate or foreign commerce, in ized for construction, but for which no ap- risdiction of the Department of the Army. In a manner that actual, existing interstate or propriations have been obligated for con- carrying out the program the Secretary may foreign commerce could be adversely af- struction of the project or separable element provide rewards to individuals who provide fected. Any other dam or dike proposed to be during the four consecutive fiscal years pre- information or evidence leading to the arrest built in any other navigable water of the ceding the transmittal of such list. and prosecution of individuals causing dam- United States shall be regulated as a struc- ‘‘(2) Any water resources project author- age to Federal property, including the pay- ture under 33 U.S.C. 403, and shall not re- ized for construction, and any separable element of cash rewards. quire approval under this section.’’ ment of such a project, shall be de-author- (b) AUTHORIZATION OF APPROPRIATIONS.— SEC. 14. STRUCTURAL FLOOD CONTROL COST- ized after the last day of the 7-year period There is authorized to be appropriated SHARING. beginning on the date of the project or sepa- $500,000 annually to carry out this section. (a) Section 103(a) of the Water Resources rable element’s most recent authorization or SEC. 9. NATIONAL RECREATION RESERVATION Development Act of 1986 [100 Stat. 4084–4085] reauthorization unless funds have been obli- SERVICE. is amended by— gated for construction of the project or sepa- Notwithstanding Section 611 of the Omni- (1) striking ‘‘35’’ whenever it appears in rable element. bus Consolidated and Emergency Supple- paragraph (2) and inserting ‘‘50 in lieu there- ‘‘(b) PROJECTS WHERE CONSTRUCTION HAS mental Appropriations Act, 1999 (Pub. L. 105– of; BEEN SUSPENDED.— 277), the Secretary may participate in the (2) deleting the word ‘‘MINIMUM’’ in para- ‘‘(1) The Secretary shall transmit annually National Recreation Reservation Service on graph (2); to Congress a list of projects and separable an interagency basis and-fund the Depart- (3) adding the following language to para- elements of projects that have been author- ment of the Army’s share of those activities graph (2) immediately after the last sentence ized for construction, and for which funds required for implementing, operating, and in that paragraph: The non-Federal share have been obligated in the past for construc- maintaining the Service. under paragraph (1) shall not exceed 50 per- tion of the project or separable element, but SEC. 10. OPERATION AND MAINTENANCE OF HY- cent of the cost of the project assigned to for which no appropriations have been obli- DROELECTRIC FACILITIES. flood control. The preceding sentence does gated for construction of the project or sepa- Section 314 of Public Law 101–640 (33 U.S.C. not modify the requirement of paragraph rable element during the two consecutive fis- 2321) is amended by inserting the following (1)(A) of this subsection.’’, and cal years preceding the transmittal of such language immediately after the phrase (4) deleting paragraph (3) and (4) in their list. ‘‘commercial activities’’: ‘‘where such activi- entirety. ‘‘(2) Any water resources project, and any ties require specialized training related to (b) APPLICABILITY.—The amendment made separable element of such a project, for hydroelectric power generation. These ac- by this section shall apply to any project or which funds have been obligated in the past tivities would be subject to the labor stand- separable element thereof with respect to for construction of the project or separable ards provisions in the Service Contract Act, which the Secretary and the non-Federal in- element, shall be de-authorized if appropria- 41. U.S.C. 351, and to the extent applicable, terest have not entered into a project co- tions specifically identified for construction the Davis-Bacon Act, 40 U.S.C., Sections operation agreement on or before the date of of the project or separable element (either in 276(a)–7.’’ enactment of this Act. Statute or in the accompanying legislative SEC. 11. INTERAGENCY AND INTERNATIONAL SEC. 15. CALFED BAY-DELTA PROGRAM ASSIST- report language) have not been obligated for SUPPORT. ANCE. construction of the project or separable ele- Section 234 of Public Law 104–303 (33 U.S.C. (a) IN GENERAL.—The Secretary is author- ment during any five subsequent consecutive 2323a) is amended— ized to participate with the appropriate Fed- fiscal years. (1) in subsection (d) by deleting ‘‘$1,000,000’’ eral and State agencies in the planning and ‘‘(c) CONGRESSIONAL NOTIFICATIONS.—Upon and inserting $2,000,000. management activities associated with the submission of the lists under subsections (a) SEC. 12. REBURIAL AND TRANSFER AUTHORITY. CALFED Bay Delta Program, and shall, to and (b), the Secretary shall notify each Sen- (a) IN GENERAL.— the maximum extent practicable and in ac- ator in whose State, and each Member of the (1) REBURIAL.—The Secretary is author- cordance with all applicable laws, integrate House of Representatives in whose district, ized, in consultation with the appropriate In- the activities of the Army Corps of Engi- the affected project or separable element dian tribes, to identify and set aside areas at neers in the San Joaquin and Sacramento would be located.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2757 ‘‘(d) FINAL DE-AUTHORIZATION LIST.—The tribe, band, nation, or other organized group Pipeline Safety Improvement Act of Secretary shall publish annually in the Fed- or community of Indians, including any 2000. This bill proposes to reauthorize eral Register a list of all projects or sepa- Alaska Native village (as defined in, or es- the Pipeline Safety Act, which expires rable elements de-authorized under sub- tablished pursuant to, the Alaska Native at the end of this fiscal year (FY), sections (a) and (b). Claims Settlement Act [43 U.S.C.A. § 1601 et through fiscal year 2003. It is intended ‘‘(e) DEFINITIONS.—For purposes of this sec- seq.] which is recognized as eligible for the tion, for non-structural flood control special programs and services provided by to strengthen and improve both federal projects, the phrase ‘construction of the the United States to Indians because of their and state pipeline safety efforts and project or separable element’ means the ac- status as Indians. heighten public awareness of pipeline quisition of lands, easements and rights-of- SEC. 19. PUGET SOUND AND ADJACENT WATERS safety. I am pleased to be joined in way primarily to relocate structures, or the RESTORATION. sponsoring this bill by Senator MUR- ‘‘(a) IN GENERAL.—The Secretary is author- performance of physical work under a con- RAY and Senator GORTON. struction contract for other non-structural ized to participate in Critical Restoration Projects in the area of the Puget Sound and Many of these issues came to the measures. For environmental protection and forefront as a result of a tragic acci- restoration projects, it means the acquisi- its adjacent waters, including the watersheds tion of lands, easements and rights-of-way that drain directly into Puget Sound, Admi- dent that occurred in Bellingham, primarily to facilitate the restoration of ralty Inlet, Hood Canal, Rosario Strait, and Washington, last June 10, 1999. An un- wetlands or similar habitats, or the perform- the eastern portion of the Strait of Juan de derground hazardous liquid pipeline Fuca. ance of physical work under a construction ruptured and 277,000 gallons of gasoline ‘‘(b) DEFINITION.—‘‘Critical Restoration contract to modify existing project facilities Projects’’ are those projects that will leaked into a creek. Two 10-year-old or to construct new environmental protec- produce, consistent with existing Federal boys, Wade King and Stephen Tsiorvas, tion and restoration measures. For all other programs, projects and activities, immediate had been playing by the creek into water resources projects, it means the per- and substantial restoration, preservation which the gasoline flowed. The gasoline formance of physical work under a construc- and ecosystem protection benefits. tion contract. In no case shall the term was accidently ignited and a massive ‘‘(c) PROJECT SELECTION.—The Secretary, fire ensued. Both boys died as a result ‘‘physical work under a construction con- with the concurrence of the Secretaries of tract’’, as used in this subsection, include ac- the Interior and Commerce, and in consulta- of their injuries. Another young man, tivities related to project planning, engi- tion with other appropriate Federal, Tribal, Liam Wood, was fishing at the creek neering and design, relocation, or the acqui- State, and local agencies, may identify crit- the same day. He was overcome by the sition of lands, easements, and rights-of-way. ical restoration projects and may implement gasoline fumes, slipped into uncon- ‘‘(f) EFFECTIVE DATE OF PROVISIONS.—Sub- those projects after entering into an agree- sciousness, and subsequently drowned. sections (a)(2) and (b)(2) shall become effec- ment with an appropriate non-Federal inter- Mr. President, in addition to these tive three years after the date of enactment est in accordance with the requirements of needless deaths, the pipeline accident of this Act.’’ section 221 of the Flood Control Act of 1970, caused destructive fires and environ- SEC. 17. FLOODPLAIN MANAGEMENT REQUIRE- as amended (42 U.S.C. 1962d–5b) and this sec- MENTS. tion. mental damage for miles. Since the (a) Section 402 of the Water Resources De- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— June accident, many concerned indi- velopment Act of 1986 [100 Stat. 4133] is There is authorized to be appropriated to the viduals have come forward and dedi- amended by— Department of the Army to pay the Federal cated themselves to finding ways to (1) in subsection (c)(1) by deleting ‘‘Within share of the cost of carrying out projects improve and strengthen the Depart- 6 months after the date of the enactment of under this section $10,000,000. ment of Transportation pipeline safety this subsection, the’’ and inserting ‘‘The’’; ‘‘(e) PROJECT COST LIMITATION.—Not more than $2,500,000 in Army Civil Works appro- program. The Senators from Wash- (2) by inserting ‘‘that non-Federal inter- ington State have introduced one bill. ests shall adopt and enforce’’ after the word priations Federal funds may be allocated to ‘‘policies’’ in the second sentence in sub- carrying out any one project under this sec- Other pipeline safety measures have section (c)(1); and tion. been introduced in the House. Yester- ‘‘(c) COST SHARING.— (3) by inserting at the end of subsection day, the Administration submitted its ‘‘(1) IN GENERAL.—Prior to implementing (c)(1) ‘‘Such guidelines shall also require own pipeline safety reauthorization any project under this section, the Secretary non-Federal interests to take measures to shall enter into a binding agreement with proposal. These bills contain many pro- preserve the level of flood protection pro- the non-Federal interest, which shall require visions I believe merit Congressional vided by the project for which subsection (a) the non-Federal interest to: (a) pay 35 per- consideration and some of those provi- applies.’’ cent of the total costs of the project; (b) ac- sions are included in the legislation I (b) APPLICABILITY.—The amendment made quire any lands, easements, rights-of-way, by this section shall apply to any project or am introducing today. relocations, and dredged material disposal It is my intention, as Chairman of separable element thereof with respect to areas necessary for implementation of the which the Secretary and the non-Federal in- the Senate Committee on Commerce, project; (c) pay 100 percent of the operation, Science, and Transportation, to chair a terest have not entered into a project co- maintenance, repair, replacement, and reha- operation agreement on or before the date of bilitation costs associated with the project; full Committee hearing on Pipeline enactment of this Act. and (d) hold and save harmless the United Safety in the near future. I hope to re- SEC. 18. STUDY OF TRANSFER OF PROJECT States free from claims or damages due to port a reauthorization measure to the LANDS. implementation of the assistance project, ex- full Senate before the Memorial Day ‘‘(a) IN GENERAL.— cept for the negligence of the Government or Recess. In that effort, I will be seeking ‘‘(1) STUDY OF TRANSFER.—The Secretary is its contractors. input from public safety advocates, the authorized to conduct a feasibility study in (2) CREDIT.—The non-Federal interest shall cooperation with the Secretary of the Inte- receive credit for the value of any lands, National Transportation Safety Board, rior, the state of * * * and with the affected easements, rights-of-way, relocations, and the DOT-Inspector General, the De- Indian tribes, for the transfer to the Sec- dredged material disposal areas provided for partment of Transportation, industry retary of Interior the land described in sub- implementation and completion of such as- and others interested in promoting section (b) to be held in trust for the benefit sistance project. The non-Federal interest pipeline safety. of the respective Indian tribes. may provide up to 50 percent of the non-Fed- Mr. President, currently the Office of ‘‘(b) LANDS TO BE STUDIED.—The land au- eral cost-sharing requirement through the Pipeline Safety (OPS) within the Re- thorized to be studied for transfer is land provision of services, materials, supplies, or search and Special Programs Adminis- other in-kind services.∑ that— tration (RSPA) oversees the transpor- (1) was acquired by the Secretary for the implementation of the Pick-Sloan Missouri By Mr. MCCAIN (for himself, Mrs. tation of about 65 percent of the petro- River Basin program; and MURRAY, and Mr. GORTON): leum and most of the natural gas (2) is located within the external bound- S. 2438. A bill to provide for enhanced transported in the United States. OPS aries of the reservations of the Three Affili- safety, public awareness, and environ- regulates the day-to-day safety of 2,000 ated Tribes of the Fort Berthold Reserva- mental protection in pipeline transpor- gas pipeline operators with more than tion, N.D., the Standing Rock Sioux Tribe of tation, and for other purposes; to the 1.9 million miles of pipeline, as well as North and South Dakota, the Crow Creek Committee on Commerce, Science, and more than 200 hazardous liquid opera- Sioux Tribe of the Crow Creek Reservation, tors and 165,000 miles of pipelines. SD, the Yankton Sioux Tribe of South Da- Transportation. kota, and the Flandreau Santee Sioux Tribe THE KING AND TSIORVAS PIPELINE SAFETY Given the immense array of pipelines of South Dakota. IMPROVEMENT ACT OF 2000 that traverse our nation, reauthoriza- ‘‘(c) DEFINITION.—For the purposes of this Mr. MCCAIN. Mr. President, today I tion of the pipeline safety program is, section the term ‘‘Indian tribe’’ means any am introducing the King and Tsiorvas quite simply, critical to public safety.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2758 CONGRESSIONAL RECORD — SENATE April 13, 2000 The safety record of pipeline trans- thority to the Secretary to shut down authorization bill to the full Senate for portation is generally quite good. How- operations which are determined to consideration in the near future. ever, accidents do occur and when they pose an imminent hazard. occur, they can be devastating, as was Another critical component of this By Mr. MURKOWSKI (for himself the case last June. reauthorization bill focuses on in- and Mr. STEVENS): Last month, the Senate Commerce creased public education efforts, en- S. 2439. A bill to authorize the appro- Committee held a field hearing on this hanced emergency response prepared- priation of funds for the construction accident in Bellingham, Washington, ness, and community right to know. It of the Southeastern Alaska Intertie and the Committee, as I mentioned, is also includes provisions to increase system, and for other purposes; to the committed to moving a reauthoriza- state oversight of pipeline safety con- Committee on Energy and Natural Re- tion bill through the legislative process cerns. While some may prefer to reduce sources. as soon as possible. We must act to the federal role over pipeline safety SOUTHEASTERN ALASKA INTERTIE SYSTEM help improve pipeline safety and pre- and substantially increase the author- ∑ Mr. MURKOWSKI. Mr. President, vent tragedies like that which occurred ity of State regulation, I believe such today I am introducing a bill with my in Bellingham. an approach would be short-sighted. colleague, Senator TED STEVENS, to The bill I am introducing includes a While the concept of preemption by provide a tremendously important au- number of provisions intended to states may seem an attractive solution thorization for an electrical intertie strengthen and improve pipeline safe- for some pipeline safety concerns, it is for an isolated region of my State of ty. It also is designed to increase State not the best approach. After all, pipe- Alaska. As many of my colleagues oversight authority and facilitate lines play a vital role in both inter- know, Alaska has many unique prob- greater public information sharing at state and international commerce. A lems. We are over twice the size of the local community level. mishmash of state laws regarding the Texas, with fewer miles of paved roads Two areas that warrant DOT’s imme- construction, maintenance, training, than the District of Columbia. Most of diate attention, in my view, concern and operation of pipelines would cer- our communities are unconnected. The safety recommendations that have al- tainly hamper commerce and would results of this are stark for those in ready been issued by the National likely not improve safety. In fact, acci- unconnected communities, and have Transportation Safety Board (NTSB) dent records show that more than 70 significant impacts on their lives. En- and the Inspector General (IG). The De- percent of pipeline transportation inju- ergy costs and reliance upon fossil partment’s responsiveness to NTSB ries and fatalities have occurred on fuels for power generation are just pipeline safety recommendations for intrastate lines, pipelines under the di- some of these impacts. years has been poor at best. While cur- rect responsibility of the States. The vast majority of these towns and rent law requires the Secretary to re- Recently, the U.S. Courts have villages pay very high energy costs. In spond to NTSB recommendations with- upheld the need for consistent stand- some instances, these costs exceed 38 in 90 days from receipt, there are no ards in interstate and international cents per kilowatt hour. This makes similar requirements at RSPA. The commerce. However, in the Courts rul- the cost of living almost unbearable for problem is serious, Mr. President. I am ing, they did not restrict the right of many local residents. For example, the aware of one case in particular where a the states to take action altogether. In village of Kake, Alaska pays 38 cents NTSB recommendation sat at DOT’s fact, states already have considerable per kilowatt hour and has 38 percent pipeline office for more than 900 days power to regulate pipelines and pro- unemployment. Unlike in the rest of before even a letter so much as ac- mote safety through the Federal/State the country, when unemployment knowledging receipt was sent. Such Partnership program. Additionally, the strikes a particular unconnected com- blatant disregard for the important states ability to promulgate laws re- munity in Alaska, the option to drive work of the NTSB is intolerable. garding ‘‘one call’’ can do more to pre- to employment in a neighboring com- Therefore, this legislation statutorily vent accidents than any other action. munity does not exist. One either stays requires RSPA and OPS to respond to States already play an important role in a devastated community or sells each pipeline safety recommendation it and my bill would build on that role one’s home in a market of sellers under receives from the NTSB and to provide and permit the states to join the Sec- duress. With electrical rates running a detailed report on what action it retary in efforts to oversee interstate three times and above those in most of plans to initiate to adopt the rec- pipeline transportation and promote the U.S., few will invest in these com- ommendation. emergency preparedness and accident munities. In addition, the bill would require prevention. Mr. President, I refer Members to the the Department to implement the rec- The bill also addresses the need to latest study of economic situation in ommendations made last month by the improve data collection and analysis. Southeast Alaska. The report deals IG to further improve pipeline safety. For more than 25 years, the NTSB has with the economic impact of declining The DOT IG found several glaring safe- identified major deficiencies and rec- timber harvests in Southeast Alaska. ty gaps at OPS and it is incumbent ommended changes to RSPA’s pipeline This is not intended to restart the de- upon us all to do all we can to insure accident data collection process. This bate over that issue. That is for an- that the Department affirmatively acts bill would ensure RSPA take the ac- other forum. However, what the report on these critical problems. tion necessary to address these identi- vividly describes is the drastic decline The bill would also address the issue fied problems and improve its data colin the economy of this region. In the of training of pipeline operators. A lection and use. last decade, known by most of the number of safety interests, including In addition, the bill calls attention to country as the greatest boom in the the NTSB, have long emphasized the the critical role of innovative tech- century, Southeast Alaska has lost 2900 need to improve operator training. In nology in promoting safety. Specifi- jobs and over $100 million in payroll. recognition that a one-size-fits-all ap- cally, the bill directs the Secretary to Many of these communities have suf- proach on this issue is not feasible due focus the department’s research and fered losses in population. For exam- to the far different operating and main- development programs to address tech- ple, the Wrangell/Petersburg area has tenance requirements governing pipe- nology that can detect pipe material suffered a 13 percent loss in wage and line operations, this bill would require defects and alternative pipeline inspec- salary income; my hometown of Ketch- each operator to submit a training plan tion and monitory technologies that ikan suffered a similar 12 percent loss. to the Secretary keyed to his or her cannot accommodate current tech- Personal income is down from 5 to 11 particular operation. The Secretary nologies. Finally, the bill would in- percent in the region generally. The would be expected to review the plans crease funding to carry out pipeline problem for Southeast Alaska is that it and work with operators to ensure a safety and state grant programs has no viable option for a replacement consistent safety level is maintained. through fiscal year 2003. industry. The bill also directs the Secretary to Mr. President, I urge my colleagues In other areas of the country, such as issue regulations to ensure periodic in- attention to this important safety the Pacific Northwest, alternative em- spections of pipelines and provides au- issue and look forward to bringing a re- ployment such as high tech companies

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2759 in Oregon and Washington have re- Instead with an intertie, these genera- security; to the Committee on Com- placed honorable livelihoods in re- tors can be put in mothballs and used merce, Science, and Transportation. source-based industries. There has been only for isolated emergency backup. AIRPORT SECURITY IMPROVEMENT ACT OF 2000 no comparable replacement industry The intertie will provide reliable and Mrs. HUTCHISON. Mr. President, I for Southeast Alaska. There are a num- clean sources of energy for all these rise today to introduce the Aviation ber of reasons, but the biggest reason is communities. Security Improvement Act of 2000. I I am informed by the communities lack of affordable power for most com- would like to recognize the efforts of that they intend to form a state char- munities. Commerce Committee Chairman Mr. President, in the Pacific North- tered regional power authority to man- MCCAIN and Aviation Subcommittee west, power costs are reasonable and age this Intertie. It will have no federal budgetary obligation. Additionally, the Chairman GORTON who have agreed to the Bonneville Power Administration cosponsor this legislation. I am also has an efficient and modern distribu- intertie will help the environment by joined by Senators INOUYE, ROCKE- tion system. In the lower 48 generally, shifting these small villages from their diesel generation and pointing them to- FELLER, and BRYAN in this effort to im- every village and town is connected by prove the security of the flying public. power grid to the rest of the nation. wards clean, renewable fuel sources. All of these facilities will be subject to Approximately 500 million passengers That is not the case in Southeast Alas- will pass through U.S. airports this ka. This lack of connection exacer- all federal, state, and local laws including environmental laws. Just to make year. Protecting their safety in an in- bates the situation. credible challenge to the men and However, what can be done is to sure that this is clear, I have included women of the aviation industry. The interconnect the region. By doing this, a specific provision in the bill that re- Federal Government, through the Fed- the existing and potential clean energy affirms that this simple authorization eral Aviation Administration and In- sources can be maximized and the will not affect, change, or alter any ob- dustry together, must do everything power can be managed between com- ligations under federal laws such as the within our power to protect the public munities and other users. Right now, National Environmental Policy Act from the menace of terrorism and one hydroelectric facility, Lake Tyee (NEPA). All of the facilities will be other security threats. has tremendous excess capacity to subject to normal permitting. In 1996, soon after the tragedy of bring clean and cheaper energy to There will undoubtedly be environ- TWA flight 800, I proposed new require- many villages. This has been proven in mental studies required for the dif- ments to improve security at the na- a study conducted by the Southeast ferent components. For example, part tion’s airports. Congress adopted these Conference. The Southeast Conference of phase 1 of the Intertie includes the requirements as part of the Federal is the group of Mayors representing Swan Lake-Lake Tyee project which Aviation Reauthorization Act of 1996. communities throughout Southeast will connect my hometown of Ketch- This legislation tried to improve the Alaska. This study, entitled the South- ikan to its neighbors to the north, hiring process and enhance the profes- east Alaska Electrical Intertie System Wrangell and Petersburg. The permits sionalism of airport security screeners. Plan, outlines the regional grid which for this project are already in place and were issued by the Forest Service as a The act also directed the FAA to up- this bill authorizes. Mr. President, let me be clear, this is result of a laborious 2 year NEPA grade security technology with regard only an authorization. The bill pro- study. The Forest Service issued a full to baggage screening and explosive de- vides no obligation to the Federal gov- Environmental Impact Statement tection. ernment to be involved in the construc- which resulted in a favorable record of In my view, the FAA has been slow to tion of this intertie system whatso- decision. No corners were cut and the implement these vital security im- ever. project was approved by the Forest provements. The FAA does not plan to The bill also does not authorize nor Service and permits issued. This bill finalize the regulation to improve does it contemplate that the federal will have no effect on that process. Any training requirements for screeners government will exercise any owner- other phases will have to undergo close and certification for screening compa- ship or management responsibility scrutiny, although I am convinced that nies until May 2001. Five years is too over this system. In fact, the South- connecting communities together long to wait. Technology upgrades east communities which have asked me using renewable hydropower will be have also been slow in coming, even to introduce this bill seek to manage much better environmentally than con- though the upgraded technology is tinued reliance on transporting, stor- this project themselves. readily available. The traveling public It simply provides an authorization ing and burning high-priced diesel. should not have to wait yet another Mr. President, Alaska was not even a for the Congress to assist the commu- year before these improvements are state when the major transmission sys- nities in assemblying funding for the implemented. tems were built in this country in the project. There is ample precedent for The FAA must modernize its proce- 1930’s, 1940’s and 1950’s. Until World this. In fact, this very process was used dure for background checks of prospec- War II compelled the heroic construc- successfully in Arizona and Utah with tive security-related employees. An tion of the Alcan Highway. Alaska was the Central Arizona and Central Utah FAA background check currently takes not even connected by road to the rest 90 days. That is too long. Under current projects. The era of the federal govern- of the country. Alaska was never even ment constructing, owning and oper- procedures, the FAA is required to per- considered as a candidate for the con- form these checks only when an appli- ating new power generation facilities struction of a transmission system. cant has a gap in employment history has passed. However, the federal gov- Alaska’s economic development is in of 12 months or longer, or if prelimi- ernment can provide valuable assist- its infancy even today. A project like nary investigation reveals discrep- ance to a group of communities which the Southeast Regional Intertie is nec- ancies in an applicant’s resume. But seek to get their region back on the essary to give that region of Alaska 43% of violent felons serve an average road to economic recovery. This is a the opportunity to recover from the of only seven months. This gap should good bill because it encourages local economic disaster outlined in the be closed. self reliance. McDowell report. It is my intention to Mr. President, an intertie can do so have this bill considered by my com- My legislation, the Airport Security much to assist this region. Right now, mittee soon and I hope to report it fa- Improvement Act, would direct FAA to we have a series of isolated commu- vorably to the Senate floor in the near require criminal background checks for nities which cannot even work with future. all applicants for positions with secu- each other on power issues. Each must rity responsibilities, including security provide its own generation and trans- By Mrs. HUTCHISON (for herself, screeners. The bill will also require mission facilities. And almost all of Mr. MCCAIN, Mr. GORTON, Mr. that these checks be performed expedi- these facilities use diesel oil-fired gen- INOUYE, Mr. ROCKEFELLER, and tiously. eration because that is the only type of Mr. BRYAN): My legislation also directs FAA to self-contained transmission facility S. 2440. A bill to amend title 49, improve training requirements for se- which these communities can afford. United States Code, to improve airport curity screeners by September 30 of

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2760 CONGRESSIONAL RECORD — SENATE April 13, 2000 this year. FAA should require a min- expanded. Most of us find it surprising this consensus proposal to build on the imum of 40 hours of classroom instruc- that an individual convicted of assault success of the Clean Water Act. tion and 40 hours of practical on-the- with a deadly weapon, burglary, lar- As my colleagues understand, it is at job training before an individual is ceny, or possession of drugs would not great peril that anyone in this town deemed qualified to provide security be disqualified from employment as an undertakes to address clean water-re- screening services. This standard would airport baggage screener. lated issues but the need is too great be a substantial increase over the 8 Fortunately, this bill is not drafted and this approach too practical to not hours of classroom training currently in response to loss of life resulting embrace it, introduce it, and work to required for most screening positions from a terrorist incident. Even so, it is achieve the wide-spread support it mer- in the U.S. The 40 hour requirement is clear that even our most elementary its. the prevailing standard in most of the security safeguards may be inadequate, A companion bill is being introduced industrialized world. as evidenced by the loaded gun that a by Congressman JOHN TANNER in the Finally, my bill would require FAA passenger recently discovered in an air- House. That measure is being cospon- to work with air carriers and airport plane lavatory during flight. sored by Representatives ROY BLUNT, operators to strengthen procedures to I look forward to working with Sen- JOHN DINGELL, NANCY JOHNSON, eliminate unauthorized access to air- ator HUTCHISON, as well as experts in CHARLES STENHOLM, SHERWOOD BOEH- craft. Employees who fail to follow ac- both government and industry circles, LERT, WAYNE GILCHREST, PAT DANNER, cess procedures should be suspended or to make sure that any legislative pro- PHIL ENGLISH, CHRISTOPHER JOHN and terminated. I understand that FAA is posal targets resources in the most ef- JIM SAXTON. currently working on improving access fective manner. By and large, security Joining us yesterday for the kickoff standards. I hope this bill will encour- at U.S. airports is good, and airport were representatives of the Fisable age them to do so in a timely fashion. and airline efforts clearly have a deter- Waters Coalition and a special guest, a We are privileged to have with us rent effect. What is also clear, however, fishing enthusiast who some may know today a distinguished panel of wit- is that we cannot relax our efforts as otherwise as a top-ranked U.S. golfer, nesses who are well-versed in the area airline travel grows, and weapons tech- David Duval. ‘‘Why am I here? I like to of airport security. I want to welcome nologies become more sophisticated. fish. I’ve done it as long as I can re- them to the hearing and I am looking member,’’ Duval said. ‘‘I want my kids forward to their testimony. By Mr. BOND (for himself and to be able to have healthy habitats for Mr. MCCAIN. Mr. President, I am an Mrs. LINCOLN): fish. I want my grandkids and my original cosponsor of Senator S. 2441. A bill to amend the Federal great-grandkids to be able to do what I HUTCHISON’s bill to improve aviation Water Pollution Control Act to estab- enjoy so much, and I think this could security. Our colleague from Texas lish a program for fisheries habitat make a big difference.’’ brings unique expertise to this issue as protection, restoration, and enhance- This bipartisan and consensus legis- a former member of the National ment, and for other purposes; to the lation is intended to capture opportu- Transportation Safety Board. I want to Committee on Environment and Public nities to build on the success of the thank her for her diligence in this area Works. Clean Water Act. It enables local over the past several years as a mem- FISHABLE WATERS ACT stakeholders to get together with ber of the Commerce Committee Avia- ∑ Mr. BOND. Mr. President, I rise farmers who own 70 percent of our nation Subcommittee. today to introduce the Fishable Waters tion’s land to design local water qual- Among other things, the Airport Se- Act with my colleague from Arkansas, ity projects that will be eligible for curity Improvement Act of 2000 would Senator LINCOLN. This is consensus leg- some $350 million in federal assistance make pre-employment criminal back- islation from a uniquely diverse spec- for the benefit of our fisheries and ground checks mandatory for all bag- trum of interests to establish a com- water quality. gage screeners at airports, not just prehensive, voluntary, incentive-based, Instead of Washington saying, ‘‘you those who have significant gaps in locally-led program to improve and re- do this and you pay for it’’ and instead their employment histories. It would store our fisheries. of Washington saying, ‘‘you do this but require screeners to undergo extensive Put simply, this legislation enables we’ll help you pay for it’’, this legisla- training requirements, since U.S. local stakeholders to get together to tion lets local citizens design projects training standards fall far short of Eu- design water quality projects in their that can be eligible for federal assist- ropean standards. The legislation own areas that will be eligible for some ance. For farmers, the idea of pro- would also seek tighter enforcement $350 million federal assistance to im- tecting land for future generations is against unauthorized access to airport plement for the benefit of our fisheries not an abstract notion because the secure areas. and water quality. It does not change farmers in my State know that good I cannot overemphasize the impor- any existing provisions, regulatory or stewardship is good for them and their tance of adequate training and com- otherwise, of the Clean Water Act. families. Their challenge is that while petency checks for the folks who check The Fishable Waters Act com- they feed this nation and provide some airline baggage for weapons and bombs. pliments existing clean water programs $50 billion in exports, they do not have The turnover rate among this work- that are designed to encourage, rather the ability to pass additional costs force is as high as 400 percent at one of than coerce the participation of land- onto consumers like corporations do. the busiest airports in the country! owners. This legislation will work be- For the 2 million people who farm to The work is hard, and the pay is low. cause it will empower people at the provide environmental benefits for Obviously, this legislation does not es- local level who have a stake in its suc- themselves and the rest of the nation’s tablish minimum pay for security cess and who will have hands-on in- 270 million people, they need partners screeners. By asking their employers volvement in its implementation. because they cannot afford to do it by to invest more substantially in train- It is supported by members of the themselves. This legislation recognizes ing, however, we hope that they will Fishable Waters Coalition which in- that reality. also work to ensure a more stable and cludes the American Sportfishing Asso- While one can expect a great deal of competent workforce. ciation, Trout Unlimited, the Izaak controversy surrounding any com- Several aviation security experts ap- Walton League of America, the Na- prehensive Clean Water effort, the con- peared before the Aviation Sub- tional Corn Growers Association, the sensus that has built around this ap- committee at a hearing last week. National Council of Farmer Coopera- proach is cause for great optimism that They raised additional areas of concern tives, the Bass Anglers Sportsman So- this legislation will be the vehicle to that I expect to address as this bill pro- ciety, the American Fisheries Society, make significant additional progress in ceeds through the legislative process. the International Association of Fish improving water quality. For instance, government and industry and Wildlife Agencies, and the Pacific I congratulate members of the Coali- officials alike agree that the list of Rivers Council. These groups have lation for producing and supporting this ‘‘disqualifying’’ crimes that are uncov- bored quietly but with great deter- consensus legislation and I look for- ered in background checks needs to be mination for several years to produce ward to working with Senator LINCOLN

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2761 and my other Senate colleagues to $250 million is authorized annually through have recognized the vital role that wet- move this legislation forward. Agriculture for the planning and implemen- lands play in preserving a sound ecol- I ask unanimous consent to have tation of projects contained in approved ogy. plans. WRP is so popular in AR that we printed in the RECORD a one-page sum- States with approved programs may, if mary of the bill. they choose, transfer up to 20 percent of the have over 200 currently pending appli- There being no objection, the mate- funds provided to each state through the cations that we cannot fill because of rial was ordered be printed in the Clean Water Act’s $200 million Section 319 lack of funding. That’s over 200 farmers RECORD, as follows: non-point source program to implement that want to voluntarily conserve wet- FISHABLE WATERS ACT BILL SUMMARY IN planned projects. land areas around rivers, lakes, and Up to $25 million is authorized annually BRIEF streams. We need to fill that void in through Interior for measures to restrict funding for these beneficial programs. PURPOSE livestock assess to streams and provide al- This legislation begins with the premise ternative watering opportunities and $50 mil- This bill will help farmers in Arkansas that while great progress has been made in lion is authorized annually to provide, with and across the nation to voluntarily improving water quality under the Clean the cooperation of landowners, minimum conserve sensitive land areas and pro- Water Act, more opportunities remain. The instream flows and water quantities.∑ vide buffer strips for runoff areas. particular emphasis on this legislation is on Mrs. LINCOLN. Mr. President, I rise Farmers make their living from the opportunities to address fisheries habitat today to join my colleague from Mis- soil and water. They have a vested in- and water quality needs. souri, KIT BOND, in introducing the terest in ensuring that these resources The findings include that it shall be the Fishable Waters Act. This bill is aimed are protected. I don’t believe that our policy of the United States to protect, restore, and enhance fisheries habitat and re- at restoring and maintaining clean nation’s farmers have been given lated uses through voluntary watershed water in our Nation’s rivers, lakes, and enough credit for their efforts to pre- planning at the state and local level that streams. This bill will provide funding serve a sound environment. leads to sound fisheries conservation on an for programs with a proven track As many of you know, farming has a overall watershed basis. record of conserving land, cleaning up special place in my heart because I was To carry out this objective, a new section the environment, and promoting clean raised in a seventh generation farm is added to the Clean Water Act. and fishable waters. This legislation family. I know first hand that farmers PROGRAM takes the right approach to reducing want to protect the viability of their The legislation authorizes the establish- non-point source pollution. It’s vol- land so they can pass it on to the next ment of voluntary and local Watershed untary. It’s incentive-based. And if en- generation. This bill is about more Councils to consider the best available courages public-private partnerships. than agriculture though. It strikes the science to plan and implement a program to Our State Motto, ‘‘The Natural right balance between our agricultural protect and restore fisheries habitat with the State,’’ reflects our dedication to pre- consent of affected landowners. industry and another pastime that I Each comprehensive plan must consider serving the unique natural landscape feel very strongly about, hunting and the following elements: characterization of that is Arkansas. We have towering fishing. the watershed in terms of fisheries habitat; mountains, rolling foothills, an expan- Over the years many people have objectives both near- and long-term; ongoing sive Delta, countless pristine rivers been surprised when they learn that I factors affecting habitat and access; specific and lakes, and a multitude of timber am an avid outdoorsman. I grew up in projects that need to be undertaken to im- varieties across our state. From expan- the South where hunting and fishing prove fisheries habitat; and any necessary sive evergreen forests in the South, to are not just hobbies, they’re a way of incentives, financial or otherwise, to facili- the nation’s largest bottomland hard- life. My father never differentiated be- tate implementation of best management practices to better deal with non-point wood forest in the East, as well as one tween taking his son or daughters source pollution including sediments impair- of this nation’s largest remaining hard- hunting or fishing, it was just assumed ing waterways. wood forests across the Northern one- that we would all take part. For this, I Projects and measures that can be imple- half of the state, Arkansas has one of will be forever grateful because I truly mented or strengthened with the consent of the most diverse ecosystems in the enjoy the outdoors, and the time I affected landowners to improve fisheries United States. Most streams and rivers spent hunting and fishing is a big part habitat including stream side vegetation, in Arkansas originate or run through of who I am today. instream modifications and structures, our timberlands and are sources for We are blessed in Arkansas to have modifications to flood control measures and structures that would improve the connec- water supplies, prime recreation, and such bountiful outdoor opportunities. tion of rivers to low-lying backwaters, countless other uses. We also have nu- For these opportunities to continue to oxbows, and tributary mouths. merous outdoor recreational opportu- exist we must take steps to ensure that With the consent of affected landowners, nities and it is vital that we take steps our nation’s waters are protected. those projects, initiatives, and restoration to protect the environment. Trout in Arkansas’ Little Red River measures identified in the approved plan be- This bill utilizes current programs and mallards in the riverbottoms of the come eligible for funding through a Fisheries within the U.S. Department of Agri- Mississippi Delta both share a common Habitat Account. culture that have a proven track need of clean water. And that is what Funds from the Fisheries Habitat Account may be used to provide up to 15 percent for record of reducing non-point sources of we are ultimately striving for with this the non-federal matching requirement under pollution and promoting clean and fish- legislation: an effective, voluntary, in- including the following conservation pro- able water through voluntary con- centive based plan to provide funding grams: The Wetlands Reserve Program; The servation measures. Existing USDA for programs that promote clean water. Environmental Quality Incentives Program; programs like the Wetlands Reserve Mr. President, I want to again stress The National Estuary Program; The Emer- Program, the Environmental Quality the importance of voluntary programs. gency Conservation Program; The Farmland Incentives Program, Conservation Re- We cannot expect to have success by Protection Program; The Conservation Re- serve Program, and Wildlife Habitat using a heavy-handed approach to reg- serve Program; The Wildlife Habitat Incen- ulate our farmers, ranchers, and for- tives Program; The North American Wet- Incentives Program, assist farmers in lands Conservation Program; The Federal taking steps towards preserving a qual- esters into environmental compliance. Aid in Sportfish Restoration Program; The ity environment. Trying to force people into a permit- Flood Hazard Mitigation and Riverine Eco- CRP and WRP are so popular with ting program to reduce the potential system Restoration Program; The Environ- farmers, that they will likely reach for non-profit runoff may actually dis- mental Management Program; and The Mis- their authorized enrollment cap by the courage responsible environmental souri and Middle Mississippi Enhancement end of 2001. Mr. President, farmers practices. Project. wouldn’t flock to these programs un- I agree with the EPA’s objective of The Secretary of the Interior is authorized less there was an inherent desire to en- cleaning up our nation’s impaired riv- to develop an urban waters revitalization ers, lakes, and streams, but firmly be- program ($25m/yr) to improve fisheries and sure that they conserved and preserved related recreational activities in urban our Nation’s water resources. lieve that a permitting program is not waters with priority given to funding Arkansas ranks third in the number the best solution to the problem of projects located in and benefitting low-in- of enrolled acres in USDA’s Wetlands maintaining clean water. Placing an- come or economically depressed areas. Reserve Program because our farmers other unnecessary layer of regulation

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2762 CONGRESSIONAL RECORD — SENATE April 13, 2000 upon our nation’s local foresters will Last year, Congress passed a large thorize the Secretary of Agriculture to only slow down the process of respon- disaster relief package for agriculture. spend up to $200 million—but not less sible farming and forestry and the im- I supported this package because it than the current $90 million—for the plementation of voluntary Best Man- kept many producers above water for Market Access Program. And it would agement Practices. another year. However, like many of set a floor of $35 million for spending Mr. President, this legislation takes my colleagues, I was frustrated this on the Foreign Market Development the right approach to clean and fish- package did not do more for specialty ‘‘Cooperator’’ Program. Senators able waters. It’s voluntary. It’s incen- crop producers. Congress provided $1.2 CRAIG, BOXER, FEINSTEIN, GORDON tive-based. And it encourages public- billion in crop loss assistance. Spe- SMITH, GORTON, WYDEN, CLELAND, and private partnerships to clean up our cialty crop producers, including apple COVERDELL have all cosponsored this Nation’s rivers, lakes, and streams. growers, were eligible to receive assist- legislation, and I appreciate their sup- I encourage my colleagues to join us ance to address weather-related disas- port. in the fight for clean and fishable ters, and some growers did. But, in The USDA Foreign Agricultural waters. states like Washington, the aid pack- Service has reported that in 1999 we ex- age did too little. perienced our first agricultural trade By Mrs. MURRAY: Fortunately, action is occurring on deficit with the European Union. We S. 2442. A bill to amend the Consoli- the most important issue facing the imported $7.7 billion of EU agricultural dated Farm and Rural Development apple industry. Earlier this month, the products and exported $6.8 billion. Our Act to authorize the Secretary of Agri- U.S. Department of Commerce levied competitors have increased market culture to provide long-term, low-in- anti-dumping duties of 51.74 percent on promotion spending by 35 percent, or $1 terest loans to apple growers; to the the majority of imports of below-cost billion, over the past three years. Our Committee on Agriculture, Nutrition, apple juice concentrate from China. spending, however, has decreased one and Forestry. The Administration’s preliminary anti- percent. APPLE ORCHARD DIVERSIFICATION ACT dumping duty ruling in November 1999 Agricultural exports are key to ∑ Mrs. MURRAY. Mr. President, I rise helped our producers by raising the maintaining a reasonable trade bal- today to introduce the Apple Orchard price of both juice apples and con- ance. Other nations have invested in Diversification Act of 2000. centrate. By May 22, the U.S. Inter- market development, and it’s worked. Mr. President, I am proud that Wash- national Trade Commission will make We need to enhance our trade programs ington state produces more apples than its final injury ruling. If an injury de- to give our producers a more level any other state in the nation. The termination is made, the Administra- playing field and a fighting chance. apple industry is an independent group. tion will implement anti-dumping du- Besides expanding trade, we must It has made Washington state and U.S. ties at the levels prescribed by the strengthen the safety net for pro- apples and apple products popular in Commerce Department. ducers. We should not go back to our many corners of the world. In the mid- Our second victory was to address old Federal farm policies. Our program 1990s, growers were doing well, markets pest control in abandoned orchards. commodity growers do not want that, were opening and expanding, and the During my trip to central Washington and our specialty crop producers do not future looked bright. last August, I heard from community want a new, permanent relationship But in 1998 and 1999, the bottom fell leaders that this was a real problem. with the federal government. out from under them. Low prices and Low prices have caused many pro- But I believe this farm crisis has weather-related disasters devastated ducers to abandon their orchards, and taught us that we need flexible tools apple producers, and growers of hun- some of these orchards became in- available for all producers when eco- dreds of other commodities nationwide. fested. Infested orchards impact the op- nomic or natural disasters strike. For In northeastern and mid-Atlantic erations of other producers and create some commodities this may mean states, fruit and vegetable growers potential trade problems. In response, counter-cyclical payments. Or it may were hit hard by freezing temperatures counties tore out trees and sprayed or- mean a variety of flexible loans that and drought. In the Pacific Northwest, chards. But last year, funds in many meet the needs of all producers or spe- some growers were hurt by bad weath- counties were running low. cific commodities. As we debate the er. USDA holds defaulted loans on some next farm bill, we should give USDA But the biggest problem is low prices. of these abandoned orchards. Last flexibility, within fiscally-responsible These low prices are caused by the year, I urged the agency to take re- guidelines, to respond to crises in agri- Asian financial crisis; by market ac- sponsibility for pest control on those culture. cess problems; by below-cost apple properties. The Farm Service Agency Today, I am introducing legislation juice concentrate dumping by China; in Washington state created a strategy to create a one-time Apple Orchard Di- by record world-wide production and for reimbursing counties for pest con- versification Program. I have heard oversupply; and other factors. trol In October 1999, I wrote to Sec- from growers that they could very The results are devastating, espe- retary Glickman to urge him to ap- much use a loan program to diversify cially in my home state of Washington. prove FSA’s reimbursement strategy. their orchards into more commer- Nationwide, the industry lost an esti- Shortly thereafter, USDA implemented cially-viable varieties. Many of our mated $300 million on the 1998 crop. In this initiative so counties could con- producers invested heavily in Red and Okanogan County in Washington state, tinue to control pests. Golden Delicious apples, which are the some organizations have estimated The third victory for apple and spe- varieties hardest hit by the economic that 90 percent of apple growers will cialty crop producers may come soon, crisis. We need a mechanism to allow not recover their 1999 expenses. when President Clinton signs risk man- these growers to diversify their or- Okanogan County already experiences agement reform legislation into law. chards. high unemployment. It cannot afford a The bill passed by the Senate would My bill would do just that. It would long-term, depressed farm economy. make major changes to federal crop in- authorize USDA to provide up to $75 The county declared an economic dis- surance policy to ensure that all pro- million in long-term, low-interest aster and urged the state to do the ducers, including specialty crop grow- loans to apple producers. The loans same. Meanwhile, other counties, espe- ers, will have access to more viable could be used by producers to purchase cially in north central Washington, are risk management products. trees for converting existing apply or- trying to respond to this disaster. But more needs to be done. My high- chards into more profitable apple vari- Many growers will go out of business. est priorities for agriculture remain in- eties. Others will not be able to get commer- vesting in research, expanding trade, My bill waives much of the regu- cial lending this year. and providing a safety net when eco- latory process. USDA has been over- The Administration and members of nomic and natural disasters strike. whelmed with managing disaster pro- this Congress are working to resolve Last November, I introduced S. 1983, grams, and that has delayed relief. In- some of the issues facing the industry the Agricultural Market Access and stead, my bill bill requires USDA to and rural communities. Development Act. My bill would au- conduct a stakeholder process, which

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2763 would include three hearings around ments in this century. Remarkable ad- structure’’ activities. These grants are the country. The industry would help vances in the science of vaccine devel- a critical source of support, indeed the develop the program, and address opment and widespread immunization sole source of Federal support, for es- issues such as income and acreage efforts have led to a substantial reduc- sential efforts to get children immu- qualifications for growers who receive tion in the incidence of infectious dis- nized. They fund immunization reg- loans, and parameters on payments, ease. Today, vaccination coverage is at istries, provider education programs, acreage and varietal stock quality. record high levels. Smallpox has been outreach initiatives to parents, out- The concept of orchard diversifica- eradicated; polio has been eliminated break control, and linkages with other tion was born when Under Secretary from the Western Hemisphere; and public health and welfare services. Gus Schumacher visited Quincy, Wash- measles and Hib invasive disease, the These grants get the vaccine from the ington, in July 1999. The Under Sec- leading cause of childhood meningitis warehouse to our children. retary has spent a great deal of time in and postnatal retardation, have been The State Immunization Funding apply producing regions around the reduced to record lows. And Infrastructure Act of 2000 author- country. Mr. Schumacher has been The two bills I introduce today build izes an increase in Federal support for criticized by some elected officials and on these successes. One proposal, ‘‘The Section 317 grants to states by $75 mil- individuals for holding the listening State Immunization Funding and In- lion for a total of $214 in FY2001. This session in Washington state. But I ap- frastructure Act of 2000,’’ ensures that restores funding to the levels States preciate, and I know many of our fam- state and local health departments are and localities received in the mid-1990’s ily farmers appreciate, his interest in adequately funded to continue success- and will help to stabilize many of the these issues. ful efforts to immunize children and key functions that have been cut back In conclusion, my grandfather moved improve their ability to reach pockets in the face of steep funding reductions. to the Tri-Cities in the early 1990s to of underimmunized populations. The In the past few years, many states have work for Welch’s. As a young child, I other, ‘‘The Comprehensive Insurance already had to reduce clinic hours, can- remember many trips to central Wash- Coverage of Childhood Immunization cel contracts with providers, suspend ington at harvest time to visit my Act of 2000,’’ requires all health plans registry development and implementa- grandmother, who remained in the area to cover recommended childhood and tion, limit outreach efforts and dis- after my grandfather’s death. To this adolescent immunizations. continue performance monitoring. The day, the smell of fresh picked peaches In spite of our successes, we must re- bill also provides a $20 million increase and apples remind me of my childhood. main vigilant. Every day, nearly 11,000 over last year’s funding level ($10 mil- To my Dad, it meant much more; it infants are born and each baby will lion over the President’s budget) for meant how his family put food on the need up to 19 doses of vaccine by age vaccine purchase. This will ensure that table and paid the mortgage. We grew two. New vaccines continue to enter States are able to purchase adequate up understanding how important fam- the market. Although a significant amounts of all currently licensed and ily-run orchards were to our state’s proportion of the general population recommended vaccines. economy. may be fully immunized at a given The other proposal I am introducing As I raised my own family, I always time, coverage rates in the United today, The Comprehensive Insurance made sure we had a fruit tree in our States are uneven and life-threatening Coverage of Childhood Immunization yard. I wanted to remind myself of my disease outbreaks do occur. In fact, in Act of 2000, will require that all health years growing up and also to show my many of the Nation’s urban and rural plans cover all immunizations in ac- kids what a resource we have in our areas, rates are unacceptably low and cordance with the most recent version state. I could not imagine discussing are actually declining. of the Recommended Childhood Immu- Washington’s economy without a box Unfortunately, one of the areas most nization Schedule issued by the Cen- of apples being part of the picture. I in need of attention is in my own home ters for Disease Control and Preven- want to make sure it stays that way State of Illinois. Childhood immunization. These vaccinations must be pro- for many generations to come. tion coverage rates in Chicago have vided without deductibles, coinsurance Mr. President, I urge my colleagues dropped each year since 1996 when they or other cost-sharing for all children to cosponsor and help pass this impor- peaked at 76 percent. The most recent and adolescents under the age of 19. tant legislation.∑ National Immunization Survey indi- I was shocked to learn that, accord- cates that Chicago’s coverage rate is ing to a recent survey of employer- By Mr. DURBIN (for himself, Mr. now 66.7 percent—one of the lowest sponsored health plans conducted by REED, and Mrs. MURRAY): rates in the United States. Coverage William M. Mercer, Inc. and Partner- S. 2443. A bill to increase immuniza- rates for African American children in ship for Prevention, one out of five em- tion funding and provide for immuniza- Chicago are the worst in the Nation. ployer-sponsored plans do not cover tion infrastructure and delivery activi- It is notable, however, that during childhood immunizations and one out ties; to the Committee on Health, Edu- this same period when Chicago has of four fail to cover adolescent immu- cation, Labor, and Pensions. struggled to improve vaccination rates, nizations. Not only is this a significant By Mr. DURBIN (for himself and Federal financial assistance to state gap in our health system, but it is sim- Mr. REED): and local health departments for im- ply financially illogical. Childhood and S. 2444. A bill to amend title I of the munization outreach activities has adolescent immunizations have been Employee Retirement Income Security been significantly reduced. In 1999, Chi- proven to save money. They decrease Act of 1974, the Public Health Service cago received a 38 percent reduction in the direct medical costs due to vac- Act, and the Internal Revenue Code of Federal funds for the operation of their cine-preventable illnesses and reduce 1986 to require comprehensive health immunization program. In 2000, Chi- the time parents spend off the job, insurance coverage for childhood im- cago suffered another 37.5 percent re- tending sick children. munization; to the Committee on duction. The State of Illinois suffered a I invite my colleagues to join me in Health, Education, Labor, and Pen- 58 percent reduction in 1999 and a fur- these efforts to maintain and improve sions. ther 16 percent reduction in the year our nation’s national immunization THE STATE IMMUNIZATION FUNDING AND INFRA- 2000. And the story in my State is not record and to ensure that all areas of STRUCTURE ACT OF 2000 AND COMPREHENSIVE that different from other areas of the the country and all populations benefit INSURANCE COVERAGE OF CHILDHOOD IMMUNI- country. Federal support for vaccine from the advances we have made over ZATION ACT OF 2000 delivery activities has declined by the last century. Despite remarkable Mr. DURBIN. Mr. President, as Na- more than 30 percent since 1995. progress, many challenges still face the tional Immunization Week approaches, Purchasing vaccines is not enough. U.S. vaccine delivery system. Approxi- I rise today to introduce legislation ad- The Section 317 immunization program mately one million children are still dressing childhood immunizations. Na- administered by the Centers for Dis- not adequately immunized. Our infra- tional Immunization Week (April 17–21) ease Control and Prevention provides structure must be capable of success- recognizes one of the most powerful grants to state and local public health fully implementing an increasingly health care and public health achieve- departments for ‘‘operations and infra- complex vaccination schedule. Pockets

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2764 CONGRESSIONAL RECORD — SENATE April 13, 2000 of underserved children still leave us has been developed, the AID to Com- otic species is wrecking their special vulnerable to deadly disease outbreaks. munities bill establishes a second, brand of havoc in 14 states including competitive grant program to help af- California, Arizona, New Mexico, By Mr. ROBB (for himself, Mr. fected areas implement their plans. Texas, Louisiana, Arkansas, Mis- EDWARDS, and Ms. LANDRIEU): These grants can be used in a variety sissippi, Alabama, Georgia, Florida, S. 2445. A bill to provide community- of ways, from expanding commercial South Carolina, North Carolina, Vir- based economic development assist- infrastructure to establishing small ginia, and Hawaii with their map of de- ance for trade-affected communities; to business incubators. struction growing wider daily. Experts the Committee on Finance. My bill also offers two incentives to have estimated that it costs Americans ASSISTANCE DEVELOPMENT FOR COMMUNITIES attract prospective employers. The an astonishing $1 billion each year to ACT first incentive would expand the Work repair the harm, with each new case Mr. ROBB. Mr. President, I’m pleased Opportunity Tax Credit (WOTC) to pro- costing homeowners an average of to introduce the Assistance in Develop- vide employers with a tax credit if they $20,000. ment to Communities Act. This bill ad- hire someone who lives in an affected Since the formosan termites was first dressed the importance—and need—for community and has lost a job due to brought to the United States it has community-based, economic develop- trade. My bill would also make explicit spread like a plague through the ment to assist areas in trade-related, that the New Markets Tax Credit, Southeast. The infestation is most se- economic transitions. which provides incentives for private vere in New Orleans, where these pests Despite the increased globalization of sector investment and capital access in have caused more damage than, ‘‘tor- our economy, many communities na- certain areas, is available for trade-af- nadoes, hurricanes, and floods com- tionwide are still one-company or one- fected communities. bined’’ and the total annual cost of ter- industry towns. If that company or in- Finally, the bill makes the federal mite damage and treatment is esti- dustry is adversely affected by trade, government a better partner be cre- mated at $217,000,000. In areas like the the entire community faces economic ating a one-stop, easily accessible famed historic French Quarter, where strain. When these communities lose a clearinghouse of economic develop- close-packed houses share common major employer or industry, they sadly ment information. This clearinghouse walls, entire city blocks must be treat- also lose something far more valu- would provide access to cross-agency ed—a procedure that is costly and com- able—they lose their way of life, and economic development tools, such as plicated. Outside the Quarter, officials too often their strong sense of commu- grants or low-interest loans, for af- fear that infestation may have hit as nity. fected communities so local officials many as one-third of the beloved live Currently, when an individual loses a don’t have to hunt through each fed- oaks that shade historic thoroughfares job because of the effects of trade, the eral agency for the information they such as St. Charles Avenue. A vora- federal government provides Trade Ad- need. cious blind creature that eats history— justment Assistance or NAFTA-Trade Our neighbors in places like it sounds like something from a Adjustment Assistance to help with in- Martinsville/Henry County, Virginia science-fiction nightmare, but it’s real. come support and worker retraining. are eager to enjoy the economic pros- Unfortunately, the only explanation But what good is that training without perity that the rest of the country en- for how this pest came to exist in the jobs? joys, yet has so far eluded them. The United States is that it was introduced While we continue to open new ave- AID to Communities bill is one way to from east Asia in the 1940s through the nues of free trade, the federal govern- help. I look forward to working with mishandling of U.S. military cargo and ment has an obligation to help trade my colleagues to ensure that this bill troops returning home from World War affected communities attract good becomes law and that the people of II—I believe that since the government jobs. Unfortunately, prospective em- Martinsville/Henry County, and in so caused the damage, the government ployers don’t automatically appear on many other small towns across Amer- should do something to relieve the bur- the community’s doorstep. Workers ica, get the help we owe them. den. have mortgages, car payments, health The bill I am introducing today seeks concerns, family obligations and ties to By Ms. LANDRIEU: to provide the victims of Formosan the community, so relocation isn’t al- S. 2446. A bill to amend the Internal Termites with some much needed re- ways feasible. Local officials must find Revenue Code of 1986 to provide assist- lief. Under current law, small business a way to lure industries to the area. ance to homeowners and small busi- owners are allowed to deduct the cost Yet, they are caught in vicious cycle— nesses to repair Formosan termite to repair Formosan Termite damage as employers are reluctant to move to damage; to the Committee on Finance. a capital loss under IRS code Section economically depressed areas, but FORMOSAN TERMITE TAX CREDIT 165. For some reason, individual home- without jobs, communities will never Ms. LANDRIEU. Mr. President, I rise owners have been denied this same recover. today to bring to the attention of the right, although they can deduct the This is an on-going reality in the Senate a plague that has been afflicted cost to repair damages caused by disas- Martinsville/Henry County region of upon our country—formosan termites. ters which are defined as casualty Virginia. In January, I spoke with Clearly, any termite is bad news for losses, such as flood and fire. My bill local officials about the steady stream home and building owners, but the for- simply changes the definition of cas- of job losses they’ve endured, including mosan termite is especially a problem. ualty loss to include Formosan Ter- the loss of the number two employer in This aggressive termite species is be- mites so that homeowners are allowed Martinsville. They’ve faced double- coming even more prevalent than na- the same deduction that business own- digit unemployment—something that’s tive termite species in some areas. ers are already getting. virtually unheard of in this strong While native species generally feed on This measure also seeks to make low economy. They told me they need help. dead trees and processed wood, for- interest loans financed by the issuance This legislation is borne from their mosan termites have an unbelievably of ‘‘qualified’’ private activity tax ex- ideas. The AID to Communities bill horrific appetite with a diet that con- empt bonds more accessible for home- give local communities the resources sists of anything that contains wood owners and small businesses seeking to they need to implement their own fiber including homes, buildings and repair the expensive damage which was ideas for attracting new employers— live trees as well as crops and plants. inflicted upon their homes by formosan quickly and easily. It does this by pro- Believe it or not, formosan termites termite damage. It does this by ex- viding an automatic, one-time grant to can even penetrate plaster, plastic and panding current mortgage revenue help affected communities formulate asphalt to get to a new food source. bond provisions to permit homeowners an economic development plan. This Coptotermes formosanus (otherwise to receive up to a $25,000 home im- grant, up to $100,000, gives commu- known as the formosan termite), have provement loan to repair this damage nities the resources they need to de- invaded port cities in the United States and also allows small businesses and velop a long-term plan to readjust and are spreading rapidly across the landlords to use issue revenue bonds to their economic base. Once that plan rest of the country. Right now this ex- finance loans for this same purpose. As

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2765 an added incentive, as long as the pro- (b) DEFINITION OF FORMOSAN TERMITE DAM- By Mr. WELLSTONE (for him- ceeds are used to purchase tax exempt AGE REPAIR LOAN.—Section 144(a)(12) of the self, Mr. DASCHLE, and Mr. BAU- bonds to finance the repair of For- Internal Revenue Code of 1986 is amended by CUS): mosan Termite damage, banks will be adding at the end the following new subpara- S. 2447. A bill to amend the Consoli- graph: dated Farm and Rural Development allowed to deduct the interest pay- ‘‘(D) FORMOSAN TERMITE DAMAGE REPAIR Act to authorize the Secretary of Agri- ments on these loans. LOAN.—For purposes of this paragraph— Obviously this legislation will not ‘‘(i) IN GENERAL.—The term ‘Formosan ter- culture to make competitive grants to solve all of the problems formosan termite damage repair loan’ means the financ- establish National Centers for Distance mites have caused. However, I do being of repairs on or in connection with resi- Working to provide assistance to indi- lieve it is a good first step towards al- dential rental property or property used by a viduals in rural communities to sup- leviating the burden these pests bring small business by the owner thereof, for port the use of teleworking in informa- upon homeowners across the country. I damage caused by Formosan termites. tion technology fields; to the Com- ‘‘(ii) SMALL BUSINESSES COVERED.—The urge everyone to join with me and give mittee on Agriculture, Nutrition, and term ‘small business’ means, for any taxable Forestry. the victims of this plague a little re- year, any corporation or partnership if the TELEWORK ACT OF 2000 lief. Thank you. entity meets the $5,000,000 gross receipts test Mr. President, I ask unanimous con- of section 448(c) for the prior taxable year.’’. Mr. WELLSTONE. Mr. President, I sent that the text of this bill be printed (c) AMOUNTS USED IN FORMOSAN TERMITE rise today on behalf of myself and Sen- in the RECORD. REPAIR NOT INCLUDED IN CALCULATING LIMIT ators DASCHLE and BAUCUS to introduce There being no objection, the bill was ON AMOUNT OF BOND.—Clause (i) of section the Rural Telework Act of 2000, a bill ordered to be printed in the RECORD, as 144(a)(4)(C) of the Internal Revenue Code of that is designed to make information follows: 1986 (relating to certain capital expenditures technology (IT) industries a part of di- not taken into account) is amended by in- S. 2446 verse, sustainable rural economies serting ‘‘Formosan termite damage,’’ after while helping IT employers find skilled Be it enacted by the Senate and House of Rep- ‘‘storm,’’. resentatives of the United States of America in workers. The goal of this bill is to link (d) CONFORMING AMENDMENT.—The heading Congress assembled, unemployed and underemployed indi- in section 144(a)(12)(B) of the Internal Rev- viduals in rural areas and on Indian SECTION 1. DEDUCTION FOR INDIVIDUALS FOR enue Code of 1986 is amended by striking LOSSES CAUSED BY FORMOSAN TER- reservations with jobs in the IT indus- ‘‘AND FARM PROPERTY’’ and inserting ‘‘FARM MITE DAMAGE. try through telework. PROPERTY, AND FORMOSAN TERMITE REPAIR’’. (a) INCLUSION OF FORMOSAN TERMITE DAM- We are in the midst of an informa- AGE AS CASUALTY LOSS.—Section 165(c)(3) of (e) EFFECTIVE DATE.—The amendment tion revolution which has the potential made by subsection (a) shall apply to bonds the Internal Revenue Code of 1986 (relating to be every bit as significant to our so- to limitation of deduction of losses of indi- issued after the date of the enactment of this Act. ciety and economy as the industrial viduals) is amended by inserting ‘‘Formosan revolution two hundred years ago. But termite damage,’’ after ‘‘shipwreck,’’. SEC. 4. EXCEPTION FROM VOLUME CAP FOR PRI- (b) CONFORMING AMENDMENT.—Section VATE ACTIVITY BONDS USED TO RE- in recent months there has been much 165(h)(3) of the Internal Revenue Code of 1986 PAIR FORMOSAN TERMITE DAMAGE. discussion of the ‘‘digital divide,’’ the (defining personal casualty gain) is amended (a) EXCEPTION FROM VOLUME CAP.—Section idea that one America is not able to by inserting ‘‘Formosan termite damage,’’ 146(g) of the Internal Revenue Code of 1986 take advantage of the promise of new after ‘‘shipwreck,’’. (relating to exception for certain bonds) is technologies to change the way we (c) EFFECTIVE DATE.—The amendments amended by striking ‘‘and’’ at the end of learn, live, and work while the other made by this section shall apply to taxable paragraph (3), by striking the period at the America speeds forward into the 21st years beginning after December 31, 1999. end of paragraph (4) and inserting a comma, Century. As advanced telecommuni- SEC. 2. PROCEEDS OF MORTGAGE REVENUE and by adding after paragraph (4) the fol- cations and informaiton technology be- BONDS ALLOWED FOR LOANS TO lowing new paragraphs: come the new engines of our economy, HOMEOWNERS TO REPAIR FOR- ‘‘(5) any qualified mortgage bond if 95 per- MOSAN TERMITE DAMAGE. cent or more of the net proceeds of the bond it is critical that all no communities (a) EXCEPTION FROM INCOME REQUIRE- are to be used to provide home improvement are left behind. MENTS.—Section 143(f) of the Internal Rev- loans for the repair of Formosan termite Many rural communities and Indian enue Code of 1986 (relating to income re- damage, and reservations are already facing severe quirements) is amended by adding at the end ‘‘(6) any qualified small issue bond if 95 unemployment underemployment, and the following new paragraph: percent or more of the net proceeds of the population loss due to a lack of eco- ‘‘(7) EXCEPTION FOR QUALIFIED HOME IM- bond are to be used to provide Formosan ter- nomic opportunities. A study last year PROVEMENT LOANS.—Paragraph (1) shall not mite damage repair loans (as defined in sec- by the Center for Rural Affairs reports apply with respect to any qualified home im- tion 144(a)(12)(D)).’’. provement loan used for the repair of For- that widespread poverty exists in agri- (b) EFFECTIVE DATE.—The amendment mosan termite damage.’’. culturally based counties in a six-state made by subsection (a) shall apply to bonds (b) AMOUNTS UP TO $10,000 USED FOR TER- region including Minnesota. Over one- issued after the date of the enactment of this MITE REPAIR NOT INCLUDED IN CALCULATING Act. third of households in farm counties LIMIT FOR HOME IMPROVEMENT LOAN.—Para- have annual income less than $15,000 graph (4) of section 143(k) of the Internal SEC. 5. EXEMPTION OF CERTAIN BONDS USED TO REPAIR FORMOSAN TERMITE DAM- and, in every year from 1988 to 1997, Revenue Code of 1986 (defining qualified earnings in farm counties significantly home improvement loan) is amended by add- AGE FROM RESTRICTIONS ON DE- DUCTION BY FINANCIAL INSTITU- trailed other counties. Unemployment ing at the end the following flush sentence: TIONS FOR INTEREST. ‘‘In calculating the $15,000 amount, any on many Indian reservations exceed amount up to $10,000 used for the repair of (a) IN GENERAL.—Clause (ii) of section 50% and remote locations make tradi- Formosan termite damage shall not be taken 265(b)(3)(B) of the Internal Revenue Code of tional industries uncertain agents for into account.’’. 1986 (defining qualified tax-exempt obliga- economic development. tions) is amended by striking ‘‘or’’ at the end (c) EFFECTIVE DATE.—The amendments There are troubles ahead for the new made by this section shall apply to bonds of subclause (I), by redesignating subclause (II) as subclause (IV), and by inserting after economy as well: the information tech- issued after the date of the enactment of this nology industry reports that it faces a Act. subclause (I) the following new subclauses: ‘‘(II) any qualified mortgage bond if 95 per- dramatic shortage of skilled workers. SEC. 3. PROCEEDS OF SMALL ISSUE BONDS AL- The Minnesota Department of Eco- LOWED FOR LOANS TO LANDLORDS cent or more of the net proceeds of the bond AND SMALL BUSINESSES TO REPAIR are to be used to provide home improvement nomic Security projects that over the FORMOSAN TERMITE DAMAGE. loans for the repair of Formosan termite next decade, almost 8,800 workers will (a) IN GENERAL.—Subparagraph (B) of sec- damage, be needed each year to fill position tion 144(a)(12) of the Internal Revenue Code ‘‘(III) any qualified small issue bond if 95 openings in specific IT occupations. of 1986 (relating to bonds to finance manufac- percent or more of the net proceeds of the Approximately 1,000 students graduate bond are to be used to provide Formosan ter- turing facilities and farm property) is each year from IT-related post-sec- amended by striking ‘‘or’’ at the end of mite damage repair loans (as defined in sec- clause (i), by striking the period and insert- tion 144(a)(12)(D)), or’’. ondary programs in Minnesota, not ing ‘‘, or’’ at the end of clause (ii), and by (b) EFFECTIVE DATE.—The amendment anywhere near enough to fill the de- adding at the end the following new clause: made by subsection (a) shall apply to bonds mand, according to this same state ‘‘(iii) any Formosan termite damage repair issued after the date of the enactment of this agency. This shortage is reflected na- loan.’’. Act. tion wide, with industry projecting

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2766 CONGRESSIONAL RECORD — SENATE April 13, 2000 shortfalls of several hundred of thou- means of addressing urban and subur- cover the full cost of training, con- sand IT workers per year in coming ban ills such as housing shortages, necting, and employing rural workers, years. traffic congestion, and pollution. but are intended to be ‘‘seed money’’ Rural workers need jobs. High tech However, the IT industry does not leveraged with dollars from other employers need workers. This legisla- currently view rural America as a po- sources. Grant recipients would be re- tion would create models of how to tential source of skilled employees. quired to match the funds provided bring these communities together to Nor do many rural communities know under this program with funds from find a common solution to these sepa- how to turn IT industries into a viable non-federal sources. rate challenges. source of good jobs to revitalize local Finally, up to $1 million of the $11 The Rural Telework Act of 2000 economies. Moreover, many rural com- million could be used by RUS to make would authorize the Department of Ag- munity leaders fear that providing IT grants for the purpose of promoting the riculture to make competitive grants job skills to rural residents—when development of teleworking in rural to qualified organizations to imple- there are no opportunities for using areas by making grants to entities to ment five year projects to train, con- those skills in the community—will conduct research on economics, oper- nect, and broker employment in the lead to further population losses as reational, social, and policy issues re- private sector, through telework, a trained workers seek opportunities in lated to teleworking in rural areas, in- population of rural workers in their metropolitan areas. At the same time, cluding the development of best prac- community. A grant recipient would be management of off-site employees re- tices for businesses that employ tele- desgnated as a National Center for Dis- quires new practices to be developed by workers. employers and in some cases, dramatic tance Working. The National Centers The necessary vision of how to make paradigm shifts. Rural areas and In- for Distance Working, located in rural telework a reality already exists in dian reservations are in danger of being areas, are intended to be locally devel- some employers and in some rural left behind by a revolution which actu- oped and implemented national models communities. In Sebeka, Minnesota—a ally holds the most promise for those of how telework relationships can meet town with a population of little more communities which are the most dis- the needs of rural communities for new than 600 people—a small firm called tant. IT employers risk missing a pool economic opportunities and the need of Cross Consulting was founded. That of potential employees with a strong IT intensive industries for new work- company employs over 20 people work ethic. ers. through a contract with Northwest Mr. President, telework is a new Establishment of a National Center for Distance Working in a rural com- Airlines to provide do programming on term that may be unfamiliar to col- Northwest’s mainframe computers. leagues so I want to take a moment to munity or Indian reservation will give that community access to federal re- These people are rural teleworkers. explain what it is. According to the The new economy is not leaving International Telework Association sources to implement a locally designed proposal to employ rural resi- Sebeka behind and we need to incubate and Council (ITAC), telework is defined that kind of innovation in rural areas as using information and communica- dents in IT jobs through telework relationships, linking prospective employ- and Indian reservations across the tions technologies to perform work ers with rural residents. Successful Na- country. away from the traditional work site tional Centers for Distance Work would Mr. President, for many jobs, in typically used by the employer. For ex- be locally developed and implemented many industries, telework may be the ample, a person who works at home national models for how telework can future of work. It may also be the fu- and transmits his or her work product be used as a tool for rural development. ture of diverse, sustainable rural back to the office via a modern is a The Department of Agriculture’s economies. This legislation offers an teleworker, also known as a telecom- Rural Utility Service (RUS) would ad- early opportunity to invest in local in- muter; as is someone who works from a minister the program which would novation to harness this potential. telework center, which is a place where have a $11 million annual authorization Mr. President, I ask unanimous con- many teleworkers work from—often for level. At least $10 million of authorized sent that a copy of the bill be printed different companies. funds would be used for the purpose of in the RECORD. The nature of IT jobs allow them to making competitive grants to establish There being no objection, the bill was be performed away from a traditional National Centers for Distance Working. ordered to be printed in the RECORD, as work site. As long as workers have the Grant money made available under follows: required training, and a means of per- the program would be highly flexible, S. 2447 forming work activities over a dis- and would need to be leveraged with tance—through the use of advanced Be it enacted by the Senate and House of Rep- private, local and state resources. For resentatives of the United States of America in telecommunications—there is no rea- example, they could be used to provide Congress assembled, son that skilled IT jobs cannot be filled or enhance the quality of: IT skills SECTION 1. SHORT TITLE. from rural communities. training and education, technology and This Act may be cited as the ‘‘Rural Because it essentially allows distance telecommunications, promotion of Telework Act of 2000’’. to be erased, telework is a promising teleworking, brokering employment SEC. 2. FINDINGS AND PURPOSES. tool for rural development and for for rural IT workers, and other nec- (a) FINDINGS.—Congress finds that— making rural and reservation econo- essary elements to establish IT work (1) many rural communities and Indian mies sustainable. Very soon, a firm lo- opportunities in that rural community. reservations have not benefited from the his- cated in another city, another state or The funds are not intended to dupli- toric economic expansion in recent years, even another country need not be cate existing federal training and and high levels of unemployment and under- viewed as a distant opportunity for connectivity programs. Nor is it in- employment persist in the rural commu- rural residents, but as a potential em- tended that Centers use these funds to nities and reservations; ployer only as far away as a home com- (2) many economic opportunities, espe- supplant existing telecommunications cially in information technology fields, are puter or telework center. Likewise, providers who offer appropriate serv- located away from many rural communities telework arrangements allow employ- ices to make telework a reality in and reservations; ers to draw from a national labor pool rural communities. Rather, the federal (3) the United States has a significant and without the hassles and cost associated investment is targeted to augment growing need for skilled information tech- with relocation. these existing sources of funding and nology workers; Many businesses and organizations allow rural communities to fill in the (4) unemployed and underemployed rural are already using telework or telecom- gaps in existing public and private re- employees represent a potential workforce muting as a tool to reduce travel and sources and services. Prospective grant to fill information technology jobs; commuting times and to accommodate (5) teleworking allows rural employees to recipients would need to form partner- perform skill intensive information tech- the needs and schedules of employees. ships with local, state, and private en- nology jobs from their communities for Many metropolitan communities with tities, including potential employers. firms located outside rural communities; and high concentrations of IT industries The grants made available under this (6) employing a rural teleworkforce in in- are already looking to telework as a program would not be sufficient to formation technology fields will require—

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2767

(A) employers that are willing to hire rural tance and to reduce or eliminate the need to ‘‘(C) FORM.—The non-Federal contributions residents or contract for work to be per- perform work at a traditional worksite. required under subparagraph (A) may be in formed in rural communities; ‘‘(b) ESTABLISHMENT.— the form of in-kind contributions, including (B) recruitment and training of rural resi- ‘‘(1) IN GENERAL.—The Secretary shall es- office equipment, office space, and services. dents appropriate for work in information tablish a National Centers for Distance ‘‘(e) SELECTION CRITERIA.— technology fields; Working Program under which the Secretary ‘‘(1) IN GENERAL.—The Secretary shall— shall make competitive grants to eligible or- (C) means of connecting employers with ‘‘(A) establish criteria for the selection of employees through advanced telecommuni- ganizations to pay the Federal share of the cost of establishing National Centers for Dis- eligible organizations to receive grants cations services; and under this section; and (D) innovative approaches and collabo- tance Working in rural areas to conduct projects in accordance with subsection (c). ‘‘(B) evaluate, rank, and select eligible or- rative models to create rural technology ganizations on the basis of the selection cri- ‘‘(2) ELIGIBLE ORGANIZATION.—The Sec- business opportunities and facilitate the em- teria. ployment of rural individuals. retary shall establish criteria that an organization must meet to be eligible to receive ‘‘(2) FACTORS.—The selection criteria es- (b) PURPOSES.—The purposes of this Act tablished under paragraph (1) shall include— are— a grant under this section. ‘‘(c) PROJECTS.—A Center shall use a grant ‘‘(A) the experience of the eligible organi- (1) to authorize the Secretary of Agri- zation in conducting programs or ongoing ef- culture to make competitive grants to estab- received under this section to conduct a 5- year project— forts designed to improve or upgrade the lish National Centers for Distance Working skills of rural employees or members of In- in rural areas to provide assistance to indi- ‘‘(1) to provide training, referral, assessment, and employment-related services and dian tribes; viduals in rural communities to support the assistance to individuals in rural commu- ‘‘(B) the ability of the eligible organization use of teleworking in information tech- nities and Indian tribes to support the use of to initiate a project within a minimum pe- nology fields; teleworking in information technology riod of time; (2) to promote teleworking arrangements, fields, including services and assistance re- ‘‘(C) the ability and experience of the eligi- small electronic business development, and lated to high technology training, tele- ble organization in providing training to creation of information technology jobs in communications infrastructure, capital rural individuals who are economically dis- rural areas for the purpose of creating sus- equipment, job placement services, and other advantaged or who face significant barriers tainable economic opportunities in rural means of promoting teleworking; to employment; communities; ‘‘(2) to identify skills that are needed by ‘‘(D) the ability and experience of the eligi- (3) to promote the practice of teleworking the business community and that will enable ble organization in conducting information to information technology jobs among rural, trainees to secure employment after the technology skill training; urban, and suburban residents, Indian tribes, completion of training; ‘‘(E) the degree to which the eligible orga- job training and workforce development pro- ‘‘(3) to recruit employers for rural individ- nization has entered into partnerships or viders, educators, and employers; uals and residents of Indian reservations; contracts with local, tribal, and State gov- (4) to meet the needs of information tech- ‘‘(4) to provide for high-speed communica- ernments, community-based organizations, nology and other industries for skilled em- tions between the individuals in the targeted and prospective employers to provide train- ployees by accelerating the training and hir- rural community or reservation and employing, employment, and supportive services; ing of rural employees to fill existing and fu- ers that carry out information technology ‘‘(F) the ability and experience of the eligi- ture jobs from rural communities and Indian work that is suitable for teleworking; ble organization in providing job placement reservations; ‘‘(5) to provide for access to or ownership for rural employees with employers that are (5) to promote teleworking and small elec- of the facilities, hardware, software, and suitable for teleworking; tronic business as sustainable income other equipment necessary to perform infor- ‘‘(G) the computer and telecommuni- sources for rural communities and Indian mation technology jobs; and cations equipment that the eligible organiza- tribes; and ‘‘(6) to perform such other functions as the tion has or expects to possess or use under (6) to study, collect information, and de- Secretary considers appropriate. contract on initiation of the project; and velop best practices for rural teleworking ‘‘(d) ELIGIBILITY CRITERIA.— ‘‘(H) the means the applicant proposes, employment practices. ‘‘(1) APPLICATION AND PLAN.—As a condi- such as high-speed Internet access, to allow SEC. 3. NATIONAL CENTERS FOR DISTANCE tion of receiving a grant under this section communication between rural employees and WORKING PROGRAM. for use with respect to a rural area, an orga- employers. Subtitle D of the Consolidated Farm and nization shall submit to the Secretary, and ‘‘(3) PUBLICATION.—The Secretary shall— Rural Development Act (7 U.S.C. 1981 et seq.) obtain the approval of the Secretary of, an ‘‘(A) publish the selection criteria estab- is amended by adding at the end the fol- application and 5-year plan for the use of the lished under this subsection in the Federal lowing: grant to carry out a project described in sub- Register; and ‘‘SEC. 376. NATIONAL CENTERS FOR DISTANCE section (c), including a description of— ‘‘(B) include a description of the selection WORKING PROGRAM. ‘‘(A) the businesses and employers that criteria in any solicitation for applications ‘‘(a) DEFINITIONS.—In this section: will provide employment opportunities in for grants made by the Secretary. ‘‘(1) CENTER.—The term ‘Center’ means a the rural area; ‘‘(f) STUDIES OF TELEWORKING.— National Center for Distance Working estab- ‘‘(B) fundraising strategies; ‘‘(1) IN GENERAL.—To promote the develop- lished under subsection (b) that receives a ‘‘(C) training and training delivery meth- ment of teleworking in rural areas, the Sec- grant under this section. ods to be employed; retary may make grants to entities to con- ‘‘(2) ELIGIBLE ORGANIZATION.—The term ‘el- ‘‘(D) the rural community of individuals to duct research on economic, operational, so- igible organization’ means a nonprofit enti- be targeted to receive assistance; cial, and policy issues relating to tele- ty, an educational institution, a tribal gov- ‘‘(E) any support from State and local gov- working in rural areas, including the devel- ernment, or any other organization that ernments and other non-Federal sources; and opment of best practices for businesses that meets the requirements of this section and ‘‘(F) outreach activities to be carried out employ teleworkers. such other requirements as are established to reach potential information technology ‘‘(2) LIMITATION.—The Secretary shall use by the Secretary. employers. not more than $1,000,000 of funds made avail- ‘‘(3) INFORMATION TECHNOLOGY.—The term ‘‘(2) NON-FEDERAL SHARE.— able for a fiscal year under subsection (g) to ‘information technology’ means any equip- ‘‘(A) IN GENERAL.—As a condition of receiv- carry out this subsection. ment, or interconnected system or sub- ing a grant under this section, an organiza- system of equipment, that is used in the tion shall agree to obtain, after the applica- ‘‘(g) AUTHORIZATION OF APPROPRIATION.— automatic acquisition, storage, manipulation of the organization has been approved There is authorized to be appropriated to tion, management, movement, control, dis- and notice of award has been issued, con- carry out this section $11,000,000 for each fis- play, switching, interchange, transmission, tributions from non-Federal sources that are cal year.’’. or reception of data or information, includ- equal to— ing a computer, ancillary equipment, soft- ‘‘(i) during each of the first, second, and By Mr. BROWNBACK: ware, firmware and similar procedures, serv- third years of a project, 1 non-Federal dollar ices (including support services), and related for each 2 Federal dollars provided under the S. 2449. A bill to combat trafficking resources. grant; and of persons, especially into the sex ‘‘(4) RURAL AREA.—The terms ‘rural’ and ‘‘(ii) during each of the fourth and fifth trade, slavery, and slavery-like condi- ‘rural area’ have the meaning given the years of the project, 1 non-Federal dollar for tions, in the United States and coun- terms in section 381A. each Federal dollar provided under the tries around the world through preven- ‘‘(5) SECRETARY.—The term ‘Secretary’ grant. tion, prosecution, and enforcement means the Secretary, acting through the Ad- ‘‘(B) INDIAN TRIBES.—Notwithstanding sub- ministrator of the Rural Utility Service. paragraph (A), an Indian tribe may use Fed- against traffickers, and through pro- ‘‘(6) TELEWORKING.—The term ‘tele- eral funds made available to the tribe for tection and assistance to victims of working’ means the use of telecommuni- self-governance to pay the non-Federal con- trafficking; to the Committee on For- cations to perform work functions over a dis- tributions required under subparagraph (A). eign Relations.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2768 CONGRESSIONAL RECORD — SENATE April 13, 2000 THE INTERNATIONAL ANTI-TRAFFICKING ACT OF one of the broad waivers granted to is essential if individuals, old and 2000 him in this legislation, non-humani- young, are to reach their full potential Mr. BROWNBACK. Mr. President, tarian, non-trade foreign assistance in any field of endeavor. As the saying today, I am introducing legislation en- (listed under the Foreign Assistance goes, ‘‘reading is fundamental.’’ titled the International Anti-Traf- Act of 1961) to countries will be sus- And the statistics bear that out as ficking Act of 2000 which combats the pended if countries fail to meet the well. Workers who lack a high school insidious practice of trafficking of per- minimum standard to stop the flow of diploma earn a mean monthly income sons worldwide. traffickers in their own countries. of $452, compared to $1,829 for those As we begin the 21st Century, the de- Please note that there is an extremely with a bachelor’s degree. Forty three grading institution of slavery con- broad national interest waiver provi- percent of people with the lowest lit- tinues throughout the world. Sex traf- sion granted to the President which al- eracy skills live in poverty, 17 percent ficking is a modern day form of slav- lows him to exempt any and all pro- receive food stamps, and 70 percent ery, and it is the largest manifestation grams, as well as an additional waiver have no job or a part-time job. of slavery in the world today. which allows the President to guard And make no mistake that the na- Every year, approximately 1 million against any adverse effect on vulner- tion itself and not just individuals will women and children are forced into the able victims of trafficking, including suffer. If our children are not taught to sex trade against their will, inter- women and children. read, who will man our high tech de- nationally. They are usually trans- This bill presents a comprehensive fenses or fill the high tech jobs in ported across international borders so scheme to ‘‘penalize the full range of America’s future? as to ‘‘shake’’ local authorities, leaving offenses’’ involved in elaborate traf- Compounding these astounding sta- the victims defenseless in a foreign ficking networks. It also provides a tistics, Mr. President, the 1998 NAEP country, virtually held hostage in a doorway of freedom for those who are also found that minority students on strange land. It is estimated that at presently enslaved throughout the average continue to lag far behind in least 50,000 women and children are world and promotes their recovery in reading proficiency, even though many brought into the United States annu- civil society. Some of the provisions of them are in Title I programs of the ally, for this purpose. The numbers are include: establishment of an Inter- Elementary and Secondary Education staggering, and growing rapidly. Some agency Task Force to Monitor and Act or participated in Head Start pro- report that over 30 million women and Combat Trafficking, enhanced report- grams. children have been enslaved in this ing by the State Department on this Clearly, throwing taxpayer money at manner since the 1970’s. I believe this practice, protection and assistance for the problem does not work. Our chil- is one of the most shocking and ramp- victims of trafficking, changes in im- dren’s reading scores continue to de- ant human rights abuses worldwide. migration status allowing victims to cline or remain stagnant, even though One of two methods, fraud or force, is stay to testify in prosecutions, Congress has spent more than $120 mil- used to obtain victims. The most com- strengthens prosecution and punish- lion over the past 30 years for academic mon method, ‘‘fraud,’’ is used with vil- ment of traffickers, among other provi- enrichment programs under Title I and lagers in under-developed areas. Typi- sions. other federal efforts ostensibly with cally the ‘‘buyer’’ promises the parents In short, we believe it’s time to chal- the primary purpose of improving read- that he is taking their young daughter lenge this evil slavery practice known ing skills among disadvantaged chil- to the city to become a nanny or do- as trafficking, and I believe this legis- dren. mestic servant, giving the parents a lation is a first step to gaining freedom It should also be pointed out that few hundred dollars as a ‘‘down pay- for those who are presently bound. more than half of the students being ment’’ for the future money she will placed in the special learning disabil- By Mr. COVERDELL: earn for the family. Then the girl is S. 2452. A bill to reduce the reading ities category of our Special Education transported across international bor- deficit in the United States by apply- programs are there in large part be- ders, deposited in a brothel and forced ing the findings of scientific research cause they have not learned to read. into the trade, until she is no longer in reading instruction to all students The national cost of special education useful (becoming sick with AIDS). She who are learning to read the English at the federal, state, and local levels is held against her will under the ra- language and to amend the Elementary now exceeds $60 billion each year. The tionale that she must ‘‘work off’’ her and Secondary Education Act of 1965 to National Institute for Child Health and debt which was paid to the parents, improve literacy through family lit- Human Development says that 90–95 which typically takes several years. eracy projects and to reauthorize the percent of these students could learn to The second method used for obtaining inexpensive book distribution program; read and be returned to their regular victims is ‘‘force’’ which is used in the to the Committee on Health, Edu- classrooms if they were given instruc- cities, where a girl is physically ab- cation, Labor, and Pensions. tion using scientifically based reading ducted, beaten, and held against her READING DEFICIT ELIMINATION ACT OF 2000 principles. This would result in over $12 will, sometimes in chains. The routes Mr. COVERDELL. Mr. President, billion in savings nationwide every are specific and definable, and include America has a reading deficit! Accord- year by eliminating the need for spe- Burma to Thailand, Eastern Europe to ing to the National Adult Literacy cial education for these children. the Middle East, and Nepal to India, Survey (NALS), 41 million adults are In response to these disturbing na- among numerous other routes, through unable to perform even the simplest tional statistics concerning the inabil- which victims of this practice are literacy tasks. The most recent Na- ity of so many children to read, I channeled. tional Assessment of Educational worked with Representative BILL Presently, no comprehensive legisla- Progress (NAEP) conducted in 1998 con- GOODLING—Chairman of the Education tion has been adopted, yet, which holis- tinues to show that almost 70 percent Committee in the House of Representa- tically challenges the practice of traf- of 4th grade students cannot read at a tives—to develop the Reading Deficit ficking and assists the victims. I am proficient level. Even worse, 40 percent Elimination Act of 2000, which I am in- introducing this legislation, the Inter- of those 4th graders could not read at troducing today. national Anti-Trafficking Act of 2000, even a basic level for their grade. By providing funds for teacher train- today as a companion to the legislation In short, Mr. President, unless we ing, textbook and curriculum pur- introduced by Congressman CHRIS treat this situation as the national chases, student assessments, teacher SMITH and Congressman SAM GEJDEN- emergency that it is—and soon—the bonuses, and tuition assistance grants SON, known as the Trafficking Victims next decade will see an astonishing 70 to parents, this legislation offers the Protection Act of 2000 (H.R. 3244). Sen- percent of our 4th grade students join- States a helping hand in teaching stu- ator WELLSTONE has also introduced ing the ranks of those 41 million Amer- dents nationwide to read. Unlike the legislation which closely mirrors the ican adults who are unable to perform unfunded mandates that have failed in Smith-Gejdenson bill. Our primary dif- simple literacy tasks. the past, this legislation will give ference is the methods for enforce- The ability to read the English lan- states and communities funds to insti- ment. Unless the President implements guage with fluency and comprehension tute reading instruction based on years

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2769 of federally sponsored research, giving Mr. BURNS. Mr. President, I ask Mr. MOYNIHAN, Mr. MURKOWSKI, them the ability and the flexibility to unanimous consent that the text of the Mrs. MURRAY, Mr. ROBERTS, Mr. help our children succeed. bill be printed in the RECORD. ROTH, Mr. SANTORUM, Mr. SCHU- The National Reading Panel—re- There being no objection, the bill was MER, Mr. SESSIONS, Mr. SHELBY, quested by Congress and created by the ordered to be printed in the RECORD, as Mr. SMITH of New Hampshire, National Institute of Child Health and follows: Mr. SMITH of Oregon, Ms. Human Development—released its re- S. 2454 SNOWE, Mr. SPECTER, Mr. STE- port just this morning on scientif- Be it enacted by the Senate and House of Rep- VENS, Mr. THOMAS, Mr. ically-based reading instruction and re- resentatives of the United States of America in TORRICELLI, Mr. VOINOVICH, and search in a hearing of the Senate’s Congress assembled, Mr. WARNER): Labor/HHS Appropriations Sub- SECTION 1. PROVISION OF DIGITAL DATA SERV- S. 2453. A bill to authorize the Presi- committee chaired by Senator COCH- ICES BY LOW-POWER TELEVISION dent to award a gold medal on behalf of RAN. STATIONS. Congress to Pope John Paul II in rec- The report clearly articulates the Section 336 of the Communications Act of ognition of his outstanding and endur- 1934 (47 U.S.C. 336) is amended— most effective approaches to teaching ing contributions to humanity, and for children to read, the status of the re- (1) by redesignating subsection (h) as subsection (i); and other purposes; to the Committee on search on reading, reading instruction (2) by inserting after subsection (g) the fol- Banking, Housing, and Urban Affairs. practices that are ready to be used by lowing: CONGRESSIONAL GOLD MEDAL FOR POPE JOHN teachers in classrooms around the ‘‘(h) LPTV PROVISION OF DIGITAL DATA PAUL II country, and a plan to rapidly dissemi- SERVICES.— Mr. BROWNBACK. Mr. President, I nate the findings to teachers and par- ‘‘(1) IN GENERAL.—A low-power television rise today to introduce legislation ents. The report also constitutes the station may utilize its authorized spectrum awarding the Congressional Gold Medal most comprehensive review of existing to provide digital data services to the public by subscription. to Pope John Paul II. reading research to be undertaken in Mr. President, Pope John Paul II is American education history. Panel ‘‘(2) NOTICE REQUIRED.—Before providing such services under paragraph (1), a low- the most recognized person in the members identified more than 100,000 power television station shall provide notice world, having personally visited tens of research studies completed since 1966, to the Commission in such form and at such millions, in almost every continent and developed and submitted them to rig- time as the Commission may require. country. He has been one of the great- orous criteria for their review. ‘‘(3) PROTECTION FROM INTERFERENCE.—The est pastoral leaders of this century, A major finding of the report was Commission may not authorize any new fearlessly guiding the Catholic Church that systematic phonics instruction is service, television broadcast station, or into the new millennium. Due to his one of the necessary components of a modification of any existing authority that tremendous faith and leadership he was total reading program. Similarly, the would result in the displacement of, or pre- elected bishop at a very early age, and NRP also found that the sequence of dicted interference with, a low-power tele- elected to the papacy on October 16, reading instruction that obtains max- vision station providing such services. ‘‘(4) PROTECTION OF TELEVISION SIGNALS.— imum benefits for students should in- 1978, at the age of 58. The Commission shall prevent interference Though many people see the Pope as clude instruction in phonemic aware- with television signal reception from low- an important statesman, diplomat, and ness, systematic phonics, reading flu- power television stations providing such political figure, Pope John Paul II is ency, spelling, writing and reading services. much more than that. As spiritual comprehension strategies. We must use ‘‘(5) DIGITAL DATA SERVICE DEFINED.—In the knowledge of reading skills and the this subsection, the term ‘digital data serv- leader to the world’s 1 billion Catho- principles for teaching reading skills ice’ includes— lics, the Pope has commenced a great gained from these studies from the gov- ‘‘(A) digitally-based interactive broadcast dialog with modern culture, one that ernment and the private sector to re- service; and transcends the boundaries of political ‘‘(B) wireless Internet access, without reduce the number of individuals and stu- or economic ideology. gard to whether such access is— As have his predecessors of happy dents who cannot read. ‘‘(i) provided on a one-way or a two-way The programs and provisions in the memory, he stands boldly as an ever basis; vigilant sign of contradiction to a cul- Reading Deficit Elimination Act of 2000 ‘‘(ii) portable or fixed; or are based on these finding by the Na- ‘‘(iii) connected to the Internet via a band ture that is darkened by the clouds of tional Reading Panel. allocated to Interactive Video and Data death. In the face of this mounting Mr. President, Frederick Douglass, Service, and storm, he has tirelessly proclaimed the arguably the most influential African without regard to the technology employed need for a culture of life. American of the nineteenth century in delivering such service, including the de- In what is now one of the Pope’s most said, ‘‘Once you learn to read, you will livery of such service via multiple transmit- famous encyclicals, and the one which be forever free.’’ Douglass knew the im- ters at multiple locations.’’. he regards to be the most significant of portance of freedom, and he knew the this pontificate, Evangelium Vitae (the importance of literacy. The ability to By Mr. BROWNBACK (for him- Gospel of Life), the argues powerfully read the English language with fluency self, Mr. ABRAHAM, Mr. AKAKA, for an increased respect for all human and comprehension is essential if indi- Mr. ALLARD, Mr. ASHCROFT, Mr. life: viduals are to reach their full potential BINGAMAN, Mr. BREAUX, Mr. Thirty years later, taking up the words of in any endeavor. Again, as the saying BUNNING, Mr. BURNS, Mr. CAMP- the Council and with the same forcefulness I goes: ‘‘Reading is fundamental.’’ No BELL, Mr. L. CHAFEE, Ms. COL- repeat that condemnation in the name of the one should be left behind because they LINS, Mr. CONRAD, Mr. COVER- whole Church, certain that I am interpreting can’t read. We must not limit the suc- DELL, Mr. CRAIG, Mr. CRAPO, the genuine sentiment of every upright conscience: ‘‘Whatever is opposed to life itself, cess of the next generation by allowing Mr. DASCHLE, Mr. DEWINE, Mr. DURBIN, Mr. DODD, Mr. DOMEN- such as any type of murder, genocide, abor- them to continue down the path of il- tion, euthanasia, or willful self-destruction, ICI, Mr. EDWARDS, Mr. ENZI, literacy. We must teach them to read whatever violates the integrity of the human and give them this fundamental tool Mrs. FEINSTEIN, Mr. FRIST, Mr. person, such as mutilation, torments in- they need to succeed in life as well as FITZGERALD, Mr. GRAMS, Mr. flicted on body or mind, attempts to coerce in school. GRASSLEY, Mr. GREGG, Mr. the will itself; whatever insults human dig- HAGEL, Mr. HELMS, Mr. HOL- nity, such as subhuman living conditions, ar- By Mr. BURNS (for himself and LINGS, Mr. HUTCHINSON, Mrs. bitrary imprisonment, deportation, slavery, Mr. BREAUX): HUTCHISON, Mr. INHOFE, Mr. prostitution, the selling of women and chil- S. 2454. A bill to amend the Commu- INOUYE, Mr. JOHNSON, Mr. KEN- dren; as well as disgraceful working conditions, where people are treated as mere in- nications Act of 1934 to authorize low- NEDY, Mr. KERREY, Mr. KERRY, struments of gain rather than as free and re- power television stations to provide Ms. LANDRIEU, Mr. LEAHY, Mr. sponsible persons; all these things and others digital data services to subscribers; to LIEBERMAN, Mr. LEVIN, Mr. like them are infamies indeed. They poison the Committee on Commerce, Science, LOTT, Mr. MACK, Mr. MCCAIN, human society, and they do more harm to and Transportation. Mr. MCCONNELL, Ms. MIKULSKI, those who practice them than to those who

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2770 CONGRESSIONAL RECORD — SENATE April 13, 2000

suffer from the injury. Moreover, they are a edge the failure of individual Catholics to AMENDMENT TO CONSTITUTION OF THE UNITED supreme dishonor to the Creator.’’ deter the Holocaust and the first to call anti- STATES TO ALLOW STATES TO LIMIT THE PE- That is from the Pope’s Evangelium. Semitism a sin ‘‘against God and man.’’ RIOD OF TIME UNITED STATES SENATORS AND Mr. President, the urgency of this There is a valedictory quality to the REPRESENTATIVES MAY SERVE message—the Pope’s message—becomes Pope’s actions and travels as the church ap- Mr. ASHCROFT. Mr. President, I rise proaches its third millennium. He seems de- today to introduce a joint resolution more acute by the day; particularly at termined to trace the birth of Christianity in the beginning of the new millennium. proposing a constitutional amendment this epochal year, to right the wrongs of the regarding Congressional term limits The Pope, having witnessed first- church and to bring a spirit of conciliation hand the brutal inhumanity of Nazi to the Middle East. Not long ago he went to and the ability of States to set term and Communist regimes, understands, Egypt and visited Mount Sinai, where Moses limits for members of the United in a way few of us can appreciate, the received God’s law. This week he stood atop States Congress. Mr. President, I would true dignity of each and every human Mount Nebo in Jordan and looked across the like to summarize the history of this being. He is a crusader against the of- Promised Land. He prayed in silence near proposed constitutional amendment. the places where Jesus was born and bap- On November 29, 1994, the Clinton ad- fenses against human dignity that have tized. Most people as infirm as John Paul transpired in the 20th century. More ministration argued before the Su- would not dare make such strenuous trips. preme Court of the United States that than any other single person this cen- But he seems to be a man on a mission, and tury, Pope John Paul II has worked to the world is better for it. States should not have the right to protect the rights of each individual. limit congressional terms. Thus, the That was from the New York Times. executive branch has spoken against As well, John Paul II has addressed He is indeed a man on a mission. His almost every major question posed by the right of the states and of the people message was peacefully conveyed in to limit the number of terms individ- the modern mind at the turn of the the Middle East to peoples with whom millennium. uals may serve in the U.S. Congress. he has obvious deep religious dif- On May 23rd, 1995, in U.S. Term Limits As noted by the biographer of the ferences. His serenity in the midst of Pope, George Weigel, the Pope has pro- v. Thorton (514 U.S. 779), the Supreme such turmoil, as well as his obvious Court denied the people the right to vided answers to the questions and de- love for all people should be a model sires facing today’s world: The human limit congressional terms. Before the for us all as we encounter people in our court ruling, 23 states, including my yearning for the sacred, the meaning of daily life with whom we radically dis- freedom, the quest for a new world home state of Missouri, had some limit agree, or with whom we have had a dif- on the number of terms members of order, the nature of good and evil, the ficult relationship. moral challenge of prosperity, and the Congress could serve. His epoch journey to the Holy Land imperative of human solidarity in the In a 5–4 decision, the Court invali- will be remembered by history. And, I emerging global civilization. Through dated measures which represented over have no doubt that his presence there his teaching, the Pope has brought the five years of work and were supported will leave a lasting impression, and I timeless principles of truth contained by 25 million voters. These voters hope that it will work to bring about in the gospel into active conversation wanted nothing more than to rein in true peace as well. with contemporary life and thought. congressional power, restore competi- His trip to the Middle East is just The Pope has started a peaceful dia- tive elections, and create a Congress one particular example. The Pope’s di- logue between ideas of the modern that looked, and legislated, like Amer- alog with the modern era has taken world and the age-old truths contained ica. him across the world, and has brought in the Gospel message. Both the executive branch, through One of the gospel messages empha- the Church into active conversation the Clinton administration, and the ju- sized by the Pope is the need for for- with people that many in the modern dicial branch, have spoken against the giveness and reconciliation with God, world have chosen to either forget or right of States and of the people to and with our sisters and brothers. A to ignore. It is a dialog that is ulti- limit the terms of individuals who rep- week before his historic personal pil- mately a challenge to the people of the resent them in Congress. grimage to the Holy Land the Pope United States as well. There has been limited debate on asked forgiveness from God on behalf For example, his trip to Cuba initi- terms limits in this Congress. In 1995, of Christians who were inactive, or who ated a dialog between politically op- the House of Representatives fell well were not active enough in opposing the posed forces both here in America and short of the two-thirds majority re- forces of evil that have ravaged human- in Cuba. quired to forward to the people a con- ity during the past century. Also, Pope John Paul II’s recent call stitutional amendment on term limits. This apology preceded his recent per- to forgive the debt incurred by Third Of the 290-vote margin required for a sonal pilgrimage to the Holy Land; a World countries during the past cen- constitutional amendment, they mus- pilgrimage in which the Pope opened tury, was and is, a challenge to the in- tered only 227 votes. What would nor- up yet another dialog—this time with dustrialized nations of the world to mally be a significant majority vote in the people of the Middle East—a region join hands in an effort to begin lifting the House, was clearly not enough to ripped apart by centuries old conflict, the forgotten people of heavily in- ensure that States would have the op- bitterness, and war. Again, in the Holy debted countries into the next millen- portunity to vote on a constitutional Land, he empathized with those who nium by providing some of the eco- amendment permitting term limits. suffered under the tyranny of the Nazi nomic relief that they need. This is the One hope for the overwhelming num- regime. The Pope highlighted during challenge presented to those in indus- ber of people in this country who en- his trip, and he has on other occasions, trialized countries, to remember and to dorse term limits is for Congress to ex- his deep compassion for those who suf- help those who are less fortunate. tend them the opportunity to amend fered under the brutality of Hitler’s The legislation I just introduced has the Constitution in a way that would Germany and their genocidal war. been cosponsored by 66 of my Senate allow individual States to limit the In the midst of the conflict in the colleagues, and I am hopeful that we terms members of Congress may serve. Holy Land, the Pope again shone can pass this legislation quickly in More than 3 out of 4 people in the through as a beacon of light and peace order to honor so great a man who has United States endorse the concept of as he proclaimed yet again to the peo- done such great things. term limits. They have watched indi- ple of the Middle East and the World, viduals come to Washington and spend the universal calls to holiness. By Mr. ASHCROFT: time here, captivated by the Beltway As the New York Times so eloquently S.J. Res. 45. A joint resolution pro- logic, the spending habits and the noted after the Pope’s visit to Jerusa- posing an amendment to the Constitu- power that exists in this city. The peo- lem’s Yad Vashem: tion of the United States to allow the ple of America know that the talent John Paul has done more than any modern States to limit the period of time pool in America is substantial and pope to end the estrangement between United States Senators and Represent- there are many who ought to have the Catholics and Jews. He was the first pope to atives may serve; to the Committee on opportunity to serve in Congress. Fur- pray in a synagogue, the first to acknowl- the Judiciary. thermore, they know that term limits

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2771 would ensure that individuals who go (Mr. CAMPBELL) was added as a cospon- Act of 1974 to prevent the wearing away to Washington return someday to live sor of S. 386, a bill to amend the Inter- of an employee’s accrued benefit under under the very laws that they enact. nal Revenue Code of 1986 to provide for a defined benefit plan by the adoption In January of 1995, Senator THOMP- tax-exempt bond financing of certain of a plan amendment reducing future SON and I introduced a constitutional electric facilities. accruals under the plan. amendment that would have limited S. 577 S. 1691 members of Congress to three terms in At the request of Mr. HATCH, the At the request of Mr. INHOFE, the the House and two terms in the Senate. name of the Senator from Ohio (Mr. name of the Senator from Iowa (Mr. As a result of its defeat and of the ad- VOINOVICH) was added as a cosponsor of GRASSLEY) was added as a cosponsor of ministration’s refusal to recognize the S. 577, a bill to provide for injunctive S. 1691, a bill to amend the Robert T. will of the people, in May of 1995, I in- relief in Federal district court to en- Stafford Disaster Relief and Emer- troduced S.J. Res. 36, a different kind force State laws relating to the inter- gency Assistance Act to authorize proof constitutional amendment. This state transportation of intoxicating grams for predisaster mitigation, to amendment simply would give States the explicit right to limit congres- liquor. streamline the administration of dis- sional terms. It would not mandate S. 866 aster relief, to control the Federal that any State limit the nature or ex- At the request of Mr. CONRAD, the costs of disaster assistance, and for tent of the terms of the individuals name of the Senator from Alaska (Mr. other purposes. who represent it in the Congress. In- MURKOWSKI) was added as a cosponsor S. 1822 stead, it would give the States, if they of S. 866, a bill to direct the Secretary At the request of Mr. MCCAIN, the chose to do so, the right to limit the of Health and Human Services to revise name of the Senator from Virginia (Mr. members’ terms who represent that existing regulations concerning the ROBB) was added as a cosponsor of S. State. I am reintroducing that amend- conditions of participation for hos- 1822, a bill to amend the Public Health ment today. pitals and ambulatory surgical centers Service Act, the Employee Retirement In the Thornton case, Justice Thom- under the medicare program relating Income Security Act of 1974, and the as wrote, ‘‘Where the Constitution is to certified registered nurse anes- Internal Revenue Code of 1986 to re- silent it raises no bar to action by the thetists’ services to make the regula- quire that group and individual health States or the people.’’ I believe he is tions consistent with State supervision insurance coverage and group health correct. This is the concept embodied requirements. plans provide coverage for treatment of in the often forgotten Tenth Amend- S. 1067 a minor child’s congenital or development that would not cede all power to At the request of Mr. ROCKEFELLER, mental deformity or disorder due to the federal government, only to have it the name of the Senator from South trauma, infection, tumor, or disease. doled back to us where the federal gov- Dakota (Mr. JOHNSON) was added as a S. 1880 ernment thinks it appropriate. This cosponsor of S. 1067, a bill to promote At the request of Mr. KENNEDY, the proposed amendment is offered to rec- the adoption of children with special names of the Senator from Georgia tify that situation. needs. (Mr. CLELAND), and the Senator from The people of this Republic should S. 1155 Maryland (Ms. MIKULSKI) were added as have the opportunity to limit the cosponsors of S. 1880, a bill to amend terms of those who serve them in Con- At the request of Mr. ROBERTS, the names of the Senator from Missouri the Public Health Service Act to im- gress. In light of the fact that the ad- prove the health of minority individ- ministration has argued against term (Mr. ASHCROFT), the Senator from Ar- uals. limits, the executive branch is not kansas (Mr. HUTCHINSON), and the Sen- going to support term limits, and be- ator from Alabama (Mr. SHELBY) were S. 1883 cause the judicial branch has ruled added as cosponsors of S. 1155, a bill to At the request of Mr. BINGAMAN, the conclusively now that the States have amend the Federal Food, Drug, and name of the Senator from Arkansas no constitutional authority to act in Cosmetic Act to provide for uniform (Mrs. LINCOLN) was added as a cospon- this area, it is up to those of us in Con- food safety warning notification re- sor of S. 1883, a bill to amend title 5, gress to give the people the oppor- quirements, and for other purposes. United States Code, to eliminate an in- tunity to be heard on this issue. S. 1452 equity on the applicability of early re- We must, at least, give them the op- At the request of Mr. SHELBY, the tirement eligibility requirements to portunity to vote on that right by name of the Senator from Colorado military reserve technicians. sending to them this joint resolution (Mr. ALLARD) was added as a cosponsor S. 1921 on the right of States and individuals of S. 1452, a bill to modernize the re- At the request of Mr. CAMPBELL, the to limit members’ terms who serve the quirements under the National Manu- name of the Senator from Mississippi States and the districts of those States factured Housing Construction and (Mr. COCHRAN) was added as a cospon- in the U.S. Congress. Safety Standards of 1974 and to estab- sor of S. 1921, a bill to authorize the It is a profoundly important expres- lish a balanced consensus process for placement within the site of the Viet- sion of our confidence in the people of the development, revision, and inter- nam Veterans Memorial of a plaque to this country to extend to them the pretation of Federal construction and honor Vietnam veterans who died after right to be involved in making this safety standards for manufactured their service in the Vietnam war, but judgment. I submit this joint resolu- homes. as a direct result of that service. tion today in the hopes that democracy S. 1519 S. 1941 will continue to flourish as people have At the request of Mr. BAYH, the At the request of Mr. DODD, the name greater opportunities to be involved. names of the Senator from Illinois (Mr. of the Senator from Maine (Ms. SNOWE) f DURBIN), and the Senator from North was added as a cosponsor of S. 1941, a ADDITIONAL COSPONSORS Dakota (Mr. CONRAD) were added as co- bill to amend the Federal Fire Preven- S. 311 sponsors of S. 1519, a bill to amend the tion and Control Act of 1974 to author- At the request of Mr. MCCAIN, the Internal Revenue Code of 1986 to pro- ize the Director of the Federal Emer- name of the Senator from Rhode Island vide that certain educational benefits gency Management Agency to provide (Mr. L. CHAFEE) was added as a cospon- provided by an employer to children of assistance to fire departments and fire sor of S. 311, a bill to authorize the Dis- employees shall be from gross income prevention organizations for the pur- abled Veterans’ LIFE Memorial Foun- as a scholarship. pose of protecting the public and fire- dation to establish a memorial in the S. 1600 fighting personnel against fire and fire- District of Columbia or its environs, At the request of Mr. HARKIN, the related hazards. and for other purposes. name of the Senator from Wisconsin S. 1961 S. 386 (Mr. FEINGOLD) was added as a cospon- At the request of Mr. JOHNSON, the At the request of Mr. GORTON, the sor of S. 1600, a bill to amend the Em- name of the Senator from Michigan name of the Senator from Colorado ployee Retirement Income Security (Mr. LEVIN) was added as a cosponsor of

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2772 CONGRESSIONAL RECORD — SENATE April 13, 2000 S. 1961, a bill to amend the Food Secu- Senator from Maryland (Mr. SARBANES) (Mr. FRIST), the Senator from South rity Act of 1985 to expand the number were added as cosponsors of S. 2311, a Dakota (Mr. JOHNSON), and the Senator of acres authorized for inclusion in the bill to revise and extend the Ryan from Louisiana (Mr. BREAUX) were conservation reserve. White CARE Act programs under title added as cosponsors of S.J. Res. 44, a S. 2018 XXVI of the Public Health Service Act, joint resolution supporting the Day of At the request of Mrs. HUTCHISON, the to improve access to health care and Honor 2000 to honor and recognize the names of the Senator from North Caro- the quality of health care under such service of minority veterans in the lina (Mr. EDWARDS), and the Senator programs, and to provide for the devel- United States Armed Forces during from Minnesota (Mr. WELLSTONE) were opment of increased capacity to pro- World War II. added as cosponsors of S. 2018, a bill to vide health care and related support S. RES. 247 amend title XVIII of the Social Secu- services to individuals and families At the request of Mr. CAMPBELL, the rity Act to revise the update factor with HIV disease, and for other pur- names of the Senator from Indiana used in making payments to PPS hos- poses. (Mr. LUGAR), the Senator from Ohio At the request of Mr. JEFFORDS, the pitals under the medicare program. (Mr. VOINOVICH), the Senator from names of the Senator from New Hamp- S. 2033 North Carolina (Mr. EDWARDS), and the shire (Mr. GREGG) and the Senator At the request of Mr. KERRY, the Senator from New Mexico (Mr. BINGA- from Washington (Mr. GORTON) were name of the Senator from Massachu- MAN) were added as cosponsors of S. setts (Mr. KENNEDY) was added as a co- added as cosponsors of S. 2311, supra. Res. 247, a resolution commemorating sponsor of S. 2033, a bill to provide for S. 2330 and acknowledging the dedication and At the request of Mr. COVERDELL, his negotiations for the creation of a trust sacrifice made by the men and women name was added as a cosponsor of S. fund to be administered by the Inter- who have lost their lives while serving 2330, a bill to amend the Internal Rev- national Bank for Reconstruction and as law enforcement officers. Development or the International De- enue Code of 1986 to repeal the excise tax on telephone and other commu- velopment Association to combat the f AIDS epidemic. nication services. S. 2341 S. 2071 SENATE CONCURRENT RESOLU- At the request of Mr. BINGAMAN, his At the request of Mr. GREGG, the name of the Senator from Arkansas TION 104—EXPRESSING THE name was added as a cosponsor of S. SENSE OF THE CONGRESS RE- 2071, a bill to benefit electricity con- (Mr. HUTCHINSON) was added as a cosponsor of S. 2341, a bill to authorize GARDING THE ONGOING PROS- sumers by promoting the reliability of ECUTION OF 13 MEMBERS OF the bulk-power system. appropriations for part B of the Indi- viduals with Disabilities Education Act IRAN’S JEWISH COMMUNITY S. 2123 to achieve full funding for part B of Mr. SCHUMER. (for himself, Mr. At the request of Ms. LANDRIEU, the name of the Senator from Delaware that Act by 2010. BROWNBACK, Mr. WYDEN, Mr. DODD, Mr. S. 2344 LIEBERMAN, and Mr. FEINGOLD) sub- (Mr. BIDEN) was added as a cosponsor of At the request of Mr. BROWNBACK, the S. 2123, a bill to provide Outer Conti- mitted the following concurrent resolu- name of the Senator from Michigan nental Shelf Impact assistance to State tion; which was referred to the Com- (Mr. LEVIN) was added as a cosponsor of and local governments, to amend the mittee on Foreign Relations: S. 2344, a bill to amend the Internal Land and Water Conservation Fund S. CON. RES. 104 Revenue Code of 1986 to treat payments Act of 1965, the Urban Park and Recre- Whereas on the eve of the Jewish holiday under the Conservation Reserve Pro- ation Recovery Act of 1978, and the of Passover in 1999, 13 Jews, including com- gram as rentals from real estate. Federal Aid in Wildlife Restoration Act munity and religious leaders in the cities of S. 2365 (commonly referred to as the Pittman- Shiraz and Isfahan, were arrested by the au- At the request of Ms. COLLINS, the thorities of the Islamic Republic of Iran and Robertson Act) to establish a fund to name of the Senator from Utah (Mr. accused of spying for the United States and meet the outdoor conservation and HATCH) was added as a cosponsor of S. Israel; recreation needs of the American peo- 2365, a bill to amend title XVIII of the Whereas no evidence has been brought ple, and for other purposes. Social Security Act to eliminate the 15 forth to substantiate these arrests, and no S. 2235 formal charges have been lodged after more percent reduction in payment rates than a year of consideration; At the request of Ms. COLLINS, the under the prospective payment system name of the Senator from Minnesota Whereas the Secretary of State has identi- for home health services. fied the case of the 13 Jews in Shiraz as ‘‘one (Mr. WELLSTONE) was added as a co- S. 2393 of the barometers of U.S.-Iran relations’’; sponsor of S. 2235, a bill to amend the At the request of Mr. DURBIN, the Whereas countless nations have expressed Public Health Act to revise the per- name of the Senator from Maryland their concern for these individuals and espe- formance standards and certification (Ms. MIKULSKI) was added as a cospon- cially their human rights under the rule of process for organ procurement organi- sor of S. 2393, a bill to prohibit the use law; zations. of racial and other discriminatory Whereas Iran must show signs of respect- S. 2246 profiling in connection with searches ing human rights as a prerequisite for improving its relationship with the United At the request of Mr. BOND, the name and detentions of individuals by the of the Senator from Wyoming (Mr. States; and United States Customs Service per- Whereas President Khatami was elected on ENZI) was added as a cosponsor of S. sonnel, and for other purposes. a platform of moderation and reform: Now, 2246, a bill to amend the Internal Rev- S. 2408 therefore, be it enue code of 1986 to clarify that certain At the request of Mr. BINGAMAN, the Resolved by the Senate (the House of Rep- small businesses are permitted to use name of the Senator from Colorado resentatives concurring), That it is the sense the cash method of accounting even if (Mr. CAMPBELL) was added as a cospon- of the Congress that the Clinton Administra- they use merchandise or inventory. sor of S. 2408, a bill to authorize the tion should— S. 2254 President to award a gold medal on be- (1) condemn, in the strongest possible terms, the arrest and continued prosecution At the request of Mr. LIEBERMAN, the half of the Congress to the Navajo Code name of the Senator from Nevada (Mr. of the 13 Iranian Jews; Talkers in recognition of their con- (2) demand that these fabricated charges be BRYAN) was added as a cosponsor of S. tributions to the Nation. dropped immediately and individuals re- 2254, a bill to amend the elementary S. 2409 leased forthwith; and and Secondary Education Act of 1965, At the request of Ms. MIKULSKI, her (3) ensure that Iran’s treatment of this to reauthorize and make improvements name was added as a cosponsor of S. case is a benchmark for determining the na- to that Act, and for other purposes. 2409, a bill to provide for enhanced safe- ture of current and future United States-Iran S. 2311 ty and environmental protection in relations. At the request of Mr. KENNEDY, the pipeline transportation, and for other Mr. SCHUMER. Mr. President, I rise names of the Senator from Georgia purposes. on the eve of the trial of 13 Iranian (Mr. CLELAND), the Senator from Vir- S.J. RES. 44 Jews charged with spying on behalf of ginia (Mr. ROBB), the Senator from At the request of Mr. KENNEDY, the the United States and Israel to ask my Washington (Mrs. MURRAY), and the names of the Senator from Tennessee colleagues to support a Concurrent

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2773 Resolution urging President Clinton to cical trial leading to a pre-ordained the Poles. This proud nation, so often do everything possible to ensure that outcome would send US-Iran relations torn apart by opposing forces through the accused men receive a fair and back to ground zero. the centuries, had once again achieved open trial. As it stands right now, the f independence after World War I. The Revolutionary Court judge has made a infamous Hitler/Stalin pact put an end SENATE CONCURRENT RESOLU- mockery of any pretense that the men to that independence, splitting the Pol- TION 105—DESIGNATING APRIL will receive a fair hearing. Ten of the ish nation in half, with each half being 13, 2000, AS A DAY OF REMEM- 13 have, for nearly a year, been denied enslaved to a separate totalitarian dic- BRANCE OF THE VICTIMS OF their legal right to choose their own tatorship. THE KATYN FOREST MASSACRE lawyers, and have only recently been The horrors visited upon the Polish appointed lawyers by the judge in the Mr. ABRAHAM submitted the fol- people by Hitler’s Nazi regime are well case—just days before the trial was set lowing concurrent resolution; which known, they are rightly commemo- to begin. Furthermore, the trial is was referred to the Committee on the rated in monuments and declarations. scheduled to be closed to any outside Judiciary: But the victims of Soviet communism observers or media. S. CON. RES. 105 in Poland have not had their story These facts do not bode well for the Whereas 60 years ago, the Katyn Forest told. For the sake of humanity and accused. However, I believe that strong crime was committed, resulting in the death freedom around the globe, that story pressure from the United States will of 21,000 Polish military officers of all armed must be told. This resolution is a be- help convince the Iranian government services, and justice and administration per- ginning to that process. It is a first that should these men experience any- sonnel; step in telling the world the full, awful Whereas, on the occasion of 60th anniver- thing less than a fair outcome in this sary of the Katyn crime, the Lower Chamber truth of what was done to real people preposterous case, Teheran would face of the Polish Parliament (Sejm) will pay in the name of an abstract, unreal vi- serious consequences. homage to all those murdered—the ‘‘best sion of Soviet humanity. The 13 Iranian Jews, mostly commu- sons of the nation’’, those who had not given Sixty years ago, 21,000 Polish mili- nity and religious leaders in the cities in to Soviet ideology and physical pressure, tary officers, justice and administra- of Shiraz and Isfahan, were arrested and remained loyal to the Republic of Poland tion personnel were slaughtered in the one year ago by the Iranian authorities and the values they were taught to uphold; Katyn Forest. Today the Lower House and accused of spying. No evidence has Whereas Congress joins the Sejm in con- of the Polish Parliament, the Sejm, is been brought forth to substantiate the demning all forms of genocide, murder, de- paying homage to these murdered pa- portation, and violation of human rights; arrests. Indeed, how could it be? Jews Whereas Congress joins the Sejm in its ap- triots. These ‘‘best sons of the nation,’’ in Iran are prohibited from holding any preciation to all scholars, researchers, and as the Sejm calls them, those who re- positions that would grant them access writers, especially those under Soviet domi- fused to give in to Soviet ideology and to state secrets. nation, who had the courage to tell the truth physical intimidation, remained loyal What I find most troubling is that about the Katyn crime; to the Republic of Poland, and to the the United States recently presented Whereas Congress acknowledges with grat- values of freedom, faith and nation, to Iran with goodwill overtures, such as itude the Sejm’s recognition of the pio- which that Republic was dedicated. lifting restrictions on many Iranian neering work of Congress and the House of They paid for their patriotism with imports and easing travel restrictions Representatives for the establishment in 1951 of a Select Committee to conduct an inves- their lives. between our two countries, but we re- tigation of the Katyn crime; For too long, Mr. President, the ceive no assurances that these gestures Whereas Congress is pleased to join the awful story of this massacre has been would be reciprocated in any way. In Sejm in thanking those citizens of Russia kept from the light of day. As we pay fact, Iran has continued to display who, guided by their sense of honor and dig- tribute to the patriots slain in the nothing but hostility and contempt for nity, contributed to the disclosure of the Katyn Forest, it is only right that we the United States and everything for basic Katyn crime and the confirming, repay tribute to the brave citizens of the which we stand. At a minimum, Iran lated documents; and then-Soviet Union who risked their must show signs of respecting human Whereas Congress continues to recognize own lives and freedom in helping dis- the importance of remembering the victims rights as a prerequisite for our improv- of communism as when it passed H.R. 3000 in close the events we mark today. We ing relations with them. In fact, Sec- 1993 calling for a Victims of Communism Me- also should be grateful to those who, retary of State Albright has identified morial, and commends the work of the Vic- after the fall of Soviet communism, the case of the 13 Jews in Iran as ‘‘one tims of Communism Memorial Foundation in have obeyed their own sense of honor of the barometers of United States-Iran working toward this objective: Now, therein contributing to the confirmation relations.’’ I urge the President to fore, be it and documentation of this crime. make perfectly clear to Iran that the Resolved by the Senate (the House of Rep- Now the full story of the Katyn For- resentatives concurring), That Congress joins est can be told. It is my hope that this stakes in this trial are exceedingly the Polish Sejm in designating April 13, 2000, high, and need to be taken very seri- as a day of remembrance to the victims of story will be told throughout the ously. the Katyn Massacre that occurred 60 years United States, Europe and the rest of Now, much has been made of Presi- ago and urges citizens of the United States the world as a reminder of the inhu- dent Mohammad Khatami’s popular re- to join their Polish counterparts in learning manities perpetrated by those en- form movement, and there is signifi- about and understanding what happened in thralled to the ideology of com- cant optimism that a kinder, gentler the Katyn Forest. munism. By telling this story, we can Iran is slowly emerging for the dark- ∑ Mr. ABRAHAM. Mr. President, I rise help open the hearts and minds of peo- ness of a 20-year hardline clerical dic- to submit a concurrent resolution com- ple everywhere to the dangers of armed tatorship. Indeed, Khatami has re- memorating the sixtieth anniversary of ideologies. The U.S. Congress itself has ceived a huge mandate from the people the Katyn Forest massacre. For too recognized the importance of remem- of Iran over the past four years. How- long, Mr. President, too much of the bering the victims of communism. ever, Iran must fully understand that world has been silent concerning this That is why, in 1993, we passed a Reso- normalized relations with the United horrible crime against humanity, com- lution calling for a Victims of Com- States is only a pipedream if persecu- mitted by the forces of communism. munism Memorial and commending tion such as that enacted upon the 13 Through this resolution we may join the work of the Victims of Communism Jews accused of spying goes unchal- with the Polish people in reminding Memorial Foundation for its work to- lenged. If it does not, then what kind of the world of the horrors suffered by ward that objective. reform movement are we really wit- that nation’s people at the hands of So- Mr. President, it is my hope that this nessing? viet forces. resolution can serve to bring us closer Colleagues, I strongly urge you to Now that the forces of Soviet com- to our brethren in Poland and to people join me in co-sponsoring this Resolu- munism have been defeated, Mr. Presi- around the world who love freedom. tion to send a message to the President dent, it is too easy to forget those The price paid by the Polish people for that he must use all his resources to whose suffering has never been prop- their liberty is one for which all of us convince President Khatami that a far- erly recognized. And few suffered as did owe them a great debt of gratitude and

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2774 CONGRESSIONAL RECORD — SENATE April 13, 2000 respect. The blood of martyrs was The Hermann Monument was erected SENATE CONCURRENT RESOLU- spilled in the Katyn Forest. Martyrs to in 1889 as a tribute to German immi- TION 107—EXPRESSING THE freedom and humanity. We have a grants to the United States. It honors SENSE OF THE CONGRESS CON- duty, in my view, to pay tribute to the Hermann the Cheruscan, who forged CERNING SUPPORT FOR THE sacrifice they made for us all.∑ the creation of a united Germany by SIXTH NONPROLIFERATION f defeating three Roman Legions who TREATY REVIEW CONFERENCE SENATE CONCURRENT RESOLU- had occupied the area now known as Mr. AKAKA (for himself, Mr. BAUCUS, TION 106—RECOGNIZING THE Germany. Hermann remains a symbol Mr. KERRY, Mr. ROTH, and Mr. BINGA- HERMANN MONUMENT AND HER- of German history, culture, dedication, MAN) submitted the following concur- MANN HEIGHTS PARK IN NEW and perseverance. rent resolution, which was referred to the Committee on Foreign Relations: ULM, MINNESOTA, AS A NA- The Hermann Monument, made of S. CON. RES. 107 TIONAL SYMBOL OF THE CON- copper sheeting riveted to a steel inte- Whereas the Treaty on the Nonprolifera- TRIBUTIONS OF AMERICANS OF rior frame, was dedicated in New Ulm, GERMAN HERITAGE tion of Nuclear Weapons (in this concurrent Minnesota, on September 25, 1897. It resolution referred to as the ‘‘Treaty’’) en- Mr. GRAMS (for himself and Mr. stands 102 feet tall and is the second tered into force 30 years ago on March 5, 1970; WELLSTONE) submitted the following largest copper statue in the United Whereas the original 43 signatories have concurrent resolution; which was re- States, behind only the Statue of Lib- increased to 187 parties; Whereas in 1995 the signatories agreed to ferred to the Committee on Energy and erty. The Hermann monument remains Natural Resources: extend the Treaty indefinitely; the only memorial in the United States Whereas the Treaty institutionalizes the S. CON. RES. 106 dedicated to German heritage and the commitment of the nonnuclear weapons Whereas there are currently more than contributions to American culture, states not to acquire nuclear weapons; 57,900,000 individuals of German heritage re- arts, industry, and government. Whereas the United States, the United siding in the United States, who comprise Kingdom, France, the Russian Federation, nearly 25 percent of the population of the I believe it’s also important to note and China have committed themselves to a United States and are therefore the largest that there are now almost 58,000,000 in- reduction of nuclear weapons; ethnic group in the United States; dividuals of German heritage living in Whereas the testing of nuclear weapons in Whereas those of German heritage are not the United States, comprising nearly 25 South Asia by two of the five countries in descendants of only 1 political entity, but of the world that have not adhered to the Trea- all German-speaking areas; percent of our nation’s population. ty is cause for renewed attention to the dan- Whereas Americans of German heritage That number makes German-Ameri- gers of nuclear proliferation; and have made countless contributions to Amer- cans the largest ethnic group in the Whereas the Sixth Nonproliferation Treaty ican culture, arts, and industry, the Amer- United States. In Minnesota, the num- Review Conference will take place in New ican military, and American government; ber doubles to roughly 50 percent of York from April 24 to May 19, 2000: Now, Whereas there is no nationally recognized therefore, be it tangible symbol dedicated to German Ameri- Minnesotans being of German heritage. Resolved by the Senate (the House of Rep- cans and their positive contributions to the Today, however, the Hermann Monu- resentatives concurring), That Congress— United States; ment faces a serious threat from over (1) reaffirms its support for the objectives of the Treaty on the Nonproliferation of Nu- Whereas the story of Hermann the 100 years of rain, wind, heat, humidity, Cheruscan parallels that of the American clear Weapons and expresses support for tak- Founding Fathers, because he was a freedom hail and other challenges that have ing all appropriate measures to strengthen fighter who united ancient German tribes in rendered the monument in need of res- the Treaty and attain its objectives; order to shed the yoke of Roman tyranny toration. Thankfully, the people of (2) expresses support for strengthening the and preserve freedom for the territory of New Ulm have formed the Hermann international inspection system operated by present-day Germany; Monument Renovation Project to raise the International Atomic Energy Agency and for the new Additional Safeguards Pro- Whereas the Hermann Monument located the roughly $1.75 million needed to rein Hermann Heights Park in New Ulm, Min- tocol to the International Atomic Energy nesota, was dedicated in 1897 to honor the store the monument and construct an Agency Safeguards Agreement that the spirit of freedom and was later dedicated to Interpretive Center at its base. International Atomic Energy Agency is ne- all German immigrants who settled in New Mr. President, the legislation Sen- gotiating with each adhered to the Treaty; Ulm and elsewhere in the United States; and and ator WELLSTONE and I are introducing Whereas the Hermann Monument has been (3) calls on all parties participating in the recognized as a site of special historical sig- provides no funding for the restoration Review Conference to make a good faith ef- nificance by the United States Government, of the Hermann Monument. In fact, the fort to ensure the success of the Conference. by inclusion on the National Register of His- Resolution costs the Federal Govern- ∑ Mr. AKAKA. Mr. President, I rise toric Places: Now, therefore, be it ment nothing. Instead, our Resolution today to submit a Concurrent Resolu- Resolved by the Senate (the House of Rep- simply recognizes the Hermann Monu- tion expressing the sense of the Con- resentatives concurring), That the Hermann gress concerning support for the Sixth Monument and Hermann Heights Park in ment as a national symbol of the con- New Ulm, Minnesota, is recognized by Con- tributions of German Americans and Nonproliferation Treaty Review Con- gress as a national symbol of the contribu- gives the restoration project a boost in ference. tions of Americans of German heritage. the arm. Our Resolution is a way for The Sixth Nonproliferation Treaty Mr. GRAMS. Mr. President, I come to every member of the Senate to recog- Review Conference will begin on April 24th in New York City. For the first the floor today to submit a concurrent nize the contributions of German time since the member parties agreed resolution designating Hermann Monu- Americans across the country. It five years ago to a permanent exten- ment and Hermann Heights Park in doesn’t preclude another such designa- sion to this important arms control New Ulm, Minnesota, as national sym- tion in the United States nor does it agreement, states will be meeting to bols of the contributions of Americans designate the Hermann Monument as discuss additional efforts to strengthen of German Heritage. I would like to the only National symbol for German the treaty. thank Congressman DAVID MINGE and Americans. Thirty years ago, this treaty entered the other members of the Minnesota Mr. President, I hope my colleagues into force with 43 signatories. The Congressional Delegation for intro- number of parties to the agreement has ducing a similar resolution in the will join me, Senator WELLSTONE, the Minnesota Congressional Delegation, increased to 187. Only four states— House of Representatives. India, Pakistan, Israel, and Cuba—are the Society of German-American Stud- Mr. President, I’d be surprised if any- not members. one in this chamber has heard of Her- ies, the Steuben Society of America, At the time of the last review con- mann Monument, but I would like to the City of New Ulm, and the people of ference in 1995, members agreed to hold take a few minutes to explain its sig- Minnesota in supporting this Resolu- review meetings every five years to as- nificance to the City of New Ulm, the tion recognizing the contributions of sess progress in implementing efforts State of Minnesota, and Americans of German Americans and the national to attain the treaty’s objectives. German Heritage across the United significance of New Ulm’s Hermann The resolution that I am introducing States. Monument. today, along with Senators BAUCUS,

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2775 KERRY, ROTH and BINGAMAN, reaffirms my colleagues to join in supporting Whereas it is imperative that sufficient Congressional support for the objec- this resolution and ensuring its speedy funding be provided to the Drug Enforcement tives of the Nonproliferation Treaty consideration.∑ Administration for methamphetamine lab- (NPT) and calls on all parties partici- oratory cleanup, and the Department of Jus- f tice has suggested that $10,000,000 be repro- pating in the review conference to SENATE RESOLUTION 291—EX- grammed in its budget for this purpose: Now, make a good faith effort to ensure the PRESSING THE SENSE OF THE therefore, be it conference’s success. A similar resolu- SENATE REGARDING THE RE- Resolved, That it is the sense of the Senate tion is being introduced in the House of that of the funds appropriated or otherwise PROGRAMMING OF FUNDS FOR made available for the Department of Jus- Representatives. THE DRUG ENFORCEMENT AD- Many states have called into ques- tice for fiscal year 2000, $10,000,000 should be MINISTRATION FOR FISCAL tion American commitment to the con- reprogrammed for the Drug Enforcement Ad- YEAR 2000 IN ORDER TO ASSIST ministration in order to permit the Drug En- trol of nuclear weapons because of the STATE AND LOCAL EFFORTS TO forcement Administration to assist State Senate vote last year on the Com- CLEAN UP METHAMPHETAMINE and local efforts to clean up methamphet- prehensive Test Ban Treaty and be- LABORATORIES amine laboratories in fiscal year 2000. cause of fears that the American devel- Mr. HUTCHINSON. Mr. President, I Mr. HUTCHINSON (for himself, Mr. opment of a national missile and the- rise today with Senators GRASSLEY, GRASSLEY, Mr. HATCH, Mr. CRAIG, Mr. ater missile defense systems are efforts HATCH, CRAIG, THOMAS, and FRIST to to negate the Anti Ballistic Missile THOMAS, Mr. FRIST, and Mr. THOMPSON) submit a resolution which states that Treaty (ABM). submitted the following resolution; it is the Sense of the Senate that $10 I believe that Congressional support which was referred to the Committee million should be immediately repro- for the NPT and for other workable on Appropriations: grammed within the United States De- arms control agreements that achieve S. RES. 291 partment of Justice’s (DOJ) budget to serious reductions in weapons of mass Whereas the participation of the Drug En- allow the Drug Enforcement Adminis- destruction is as strong as ever. The forcement Administration in the seizures of tration (DEA) to support the cleanup of Congress will be looking very closely methamphetamine laboratories has in- State and local methamphetamine lab- creased drastically since 1994; at this conference for reassurance that Whereas in 1994, the Drug Enforcement Ad- oratories in Fiscal Year 2000. I do so the other parties to the NPT, most es- ministration participated in the seizure of with a sense of urgency as my home pecially the other nuclear weapons only 306 clandestine laboratories, 86 percent State of Arkansas has suffered a ter- states such as China and Russia, share of which were methamphetamine labora- rible and great increase in the produc- an equal commitment to attaining the tories; tion, distribution, and use of meth- objectives of the NPT. Whereas in 1999, a total of 6,325 methamphetamine and is desperately in There have been suggestions that amphetamine and amphetamine laboratories need of federal assistance to bear the states will attempt to disrupt the con- were seized in the United States, and the financial burden inherent in the clean- Drug Enforcement Administration partici- ference by walking out or by proposing pated in 1,948 of those seizures; up of methamphetamine laboratories. resolutions critical of the United Whereas the Drug Enforcement Adminis- In March, Governor Huckabee in- States and other states. Such efforts tration and State and local law enforcement formed me that the DEA had exhausted will damage the treaty and give satis- agencies spend millions of dollars every year all of the funding available to cleanup faction only to those countries, such as cleaning up the pollutants and toxins cre- State and local methamphetamine labs Iraq and Iran, who still appear to de- ated and left behind by operators of clandes- and that the State of Arkansas was sire nuclear weapons. tine methamphetamine and amphetamine paying over $7,500 a day despite the Our resolution also expresses support laboratories; much-appreciated efforts undertaken Whereas methamphetamine manufacturing for strengthening the international by ENSCO, an El Dorado, Arkansas poses serious dangers to human life and the company, to dispose of methamphet- verification system operated by the environment; International Atomic Energy Agency Whereas the chemicals and substances used amine labs at no cost to the State. As (IAEA). When the NPT was negotiated in methamphetamine manufacturing are un- the costs associated with the cleanup in 1970, the IAEA safeguards system stable, volatile, and highly combustible, and of a single lab range anywhere from was designated as its global the smallest amounts of such chemicals, $3,000 to $100,000 and average about verification mechanism. IAEA inspec- when mixed improperly, can cause explo- $5,000 and, with over 200 labs seized to tors review the nuclear programs of all sions and fire; date, Arkansas will seize over 800 labs Whereas most clandestine methamphet- non-nuclear weapon members and, this year, it is imperative that funding amine and amphetamine laboratories are sit- be provided to the DEA so that it may while the five legally recognized nu- uated in residences, motels, trailers, and continue to assist in State and local clear weapons states—Britain, France, vans, thereby increasing the danger posed by methamphetamine lab cleanups. China, Russia, United States—are not such explosions and fire; On March 28, 2000, Senators GRASS- obligated to permit inspections, in Whereas for every pound of methamphet- LEY, KYL, CRAIG, ASHCROFT, and I asked practice IAEA has some access to their amine that is produced, more than five pounds of toxic waste is produced and left be- United States Attorney General Reno facilities. to identify $10 million in funding with- The Gulf War revealed inadequacies hind; Whereas the Drug Enforcement Adminis- in the DOJ’s budget which could be rein the IAEA safeguard system. The dis- tration has been assisting State and local programmed to provide the DEA with covery of Iraq’s secret nuclear program law enforcement agencies in cleaning up the monies necessary for it to admin- demonstrated the need for additional methamphetamine laboratory sites; ister the cleanup of labs seized by IAEA powers of information collection Whereas State and local agencies lack the State and local law enforcement agen- and inspection. Efforts are now under- financial ability, equipment, and training to cies. I was greatly encouraged and way to develop a Strengthened Safe- cleanup these sites, and therefore rely pre- highly appreciative when she quickly dominately, if not entirely, on the Drug En- guards system of which a critical part responded by requesting that $10 mil- will be a new inspection protocol pro- forcement Administration to clean up methamphetamine laboratories; lion in Community Orientated Policing viding IAEA inspectors additional au- Whereas the funds appropriated to the Service (COPS) recovery funds be re- thority to collect more information Drug Enforcement Administration for fiscal programmed. Despite an April 3, 2000, about a wider range of activities. This year 2000 for the cleanup of State and local letter from Senators INHOFE, CRAIG, new information and access will be methamphetamine laboratories were ex- THOMAS, THOMPSON, FRIST, ASHCROFT, critical to detecting states, such as hausted in March 2000, though the number of HATCH, ENZI, and I supporting this re- Iraq and Iran, who may try to develop methamphetamine laboratories has contin- quest, the Office of Management and secretly a nuclear weapon. ued to increase dramatically; Budget (OMB) has informed me that a There is no greater threat to Amer- Whereas the exhaustion of Drug Enforce- determination has not been made. ica’s security than the proliferation of ment Administration funds to assist State and local methamphetamine laboratory While I appreciate the fact that Direc- weapons of mass destruction. The Non- cleanup efforts results in a great increase in tor Lew and the OMB continue to look proliferation Treaty and the role of the the risk of harm to State and local law en- for this critical funding, I ask them to IAEA are essential parts of our efforts forcement officers, the public, and the envi- put aside politics and act quickly to to prevent nuclear catastrophe. I urge ronment; and meet this need.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2776 CONGRESSIONAL RECORD — SENATE April 13, 2000 This Resolution is intended to make SENATE RESOLUTION 292—RECOG- judges, Cabinet officers, county commis- it clear to this Administration that the NIZING THE 20TH CENTURY AS sioners, mayors, city council members, di- United States Congress is serious about THE ‘‘CENTURY OF WOMEN IN rectors of Federal, State and local agencies; THE UNITED STATES’’ Whereas women have become prominent solving this problem. I implore the figures in amateur and professional sports President to take a firm stand against Mr. CLELAND (for himself, Mrs. highlighted in 1999 with the United States methamphetamine and establish an ef- BOXER, Mr. BOND, Mr. BAUCUS, Mr. Women’s Soccer Team winning the World fective policy to address this exponen- BRYAN, Ms. LANDRIEU, Mr. KERRY, Mr. Cup in a stunning victory; and tially increasing problem. I am firmly JEFFORDS, Mrs. MURRAY, Mrs. LINCOLN, Whereas women can look back at the op- convinced that we can solve this prob- Ms. MIKULSKI, Mrs. FEINSTEIN, Mr. portunities created during the 20th century and look ahead toward even greater accom- ROBB, Mr. COCHRAN, and Mr. DURBIN) lem with Congressional support and plishments in the 21st century: Now, there- Presidential leadership. Accordingly, I submitted the following resolution; fore, be it ask my colleagues to take the first which was referred to the Committee Resolved, That the Senate— step toward a solution by joining me in on the Judiciary: (1) commends the accomplishments and supporting this Resolution. S. RES. 292 unfailing spirit of women in the 20th century; and Mr. GRASSLEY. Mr. President, I am Whereas women made unparalleled strides during the 20th century in education, profes- (2) recognizes the 20th century as the ‘‘Cen- pleased to join my colleague Senator sions, legal rights, politics, military service, tury of Women in the United States’’. HUTCHINSON in sponsoring this resolu- religion, sports, and self-reliance; ∑ Mr. CLELAND. Mr. President, I rise tion. We have been working closely to- Whereas at the dawn of the 20th century, today to submit a resolution recog- gether to find a solution to this grow- most women in the United States were de- nizing the 20th century as the ‘‘Cen- ing problem. Unfortunately it seems nied the right to vote; tury of Women in the United States.’’ I the White House fails to grasp the ur- Whereas the Women’s Suffrage movement, would like to thank Georgia State Rep- the largest grassroots political movement in gency. resentative Hinson Mosley for intro- the Nation’s history, involved about 2,000,000 ducing a similar resolution in the Mr. President, the DEA, who has for women and took more than 70 years of petitions, referenda, speeches, national and Georgia General Assembly recognizing several years reimbursed state and the tremendous accomplishments of local law enforcement agencies for the State campaigns, demonstrations, arrests, and hunger strikes; women in Georgia and in the United costs they have incurred in cleaning up Whereas women won the right to vote States during the 20th century and for drug laboratories, has run out of clean- throughout the United States with the rati- sharing his resolution with me. Rep- up money. This has happened at a time fication of the 19th amendment to the Con- resentative Mosley’s exceptional reso- when the number of these labs are stitution of the United States in 1920, and by lution passed the Georgia House of growing rapidly, and springing up in the end of the century, women were voting Representatives by a vote of 120–0 and towns and counties where there has in larger numbers than men in some national the Georgia Senate on a vote of 51 to 0. elections; Like Representative Mosley’s resolu- never been a problem in the past. Iowa Whereas women represent an increasing alone has a stack of over $83,000 in out- share of people being awarded college and tion, my proposal recognizes that as we standing lab cleanup bills, and this postgraduate degrees; enter the 21st century, it is essential amount continues to grow. Last year, Whereas women are increasingly owning that we note the vast opportunities Iowa received over $1.3 million in reim- their own businesses and working to narrow available to today’s women that were bursement, and at the current pace the gap in earnings between women and men, not available to women entering the this total is expected to be higher this and in 1999 women earned 73 cents for every 20th century. Women made unprece- dollar earned by men in contrast to the 57 year. dented strides in civil rights, careers, cents they received in 1973; religion, education and military serv- Four weeks ago, Mr. President, Mr. Whereas during the 20th century, women ice. Although we must keep in mind HUTCHINSON, Mr. KYL, and I wrote the served their country proudly and capably in the challenges that women in our soci- appropriations committee to alert the armed services, including duty in both World Wars, Korea, Vietnam, Panama, ety continue to face and the work that them to this problem. Our offices were Libya, the Persian Gulf, Bosnia, Kosovo, and women and men must yet accomplish, aware of this impending problem, and all major contingencies including in let us celebrate the victories won by wanted to insure that no one was taken warfighting roles; women in the past 100 years. by surprise so there could be a quick Whereas in World War I, women were only I, along with Senators BOXER, BOND, resolution. Two weeks ago, we were allowed to serve in the Army as nurses, and BAUCUS, BRYAN, DURBIN, LANDRIEU, MI- joined by Mr. CRAIG and Mr. ASHCROFT with over 30,000 women serving in World War KULSKI, MURRAY, LINCOLN, KERRY, JEF- in a letter to the Attorney General, en- I, approximately 10,000 women served as vol- FORDS, FEINSTEIN, ROBB and COCHRAN unteers overseas, with no rank and no bene- urge my colleagues to support this res- couraging her to work with the Appro- fits; priators in reprogramming funds to olution and recognize the 20th century Whereas women now serve in all ranks, in as the ‘‘Century of Women in the cover this shortfall. all branches of the armed services, as pilots, United States.’’∑ I am pleased to say that within days intelligence specialists, drill instructors, specialists, and technicians, soldiers, air- f we had been informed that a re- men, and marines on the battlefields, and as SENATE RESOLUTION 293—ENCOUR- programming request had been sent to sailors aboard Navy and Coast Guard ships at the White House Budget Office for their sea; AGING ALL RESIDENTS OF THE approval. The request would allow for Whereas women were once denied the right UNITED STATES TO COMPLETE the use of returned COPS funds— to enter the national academies for military THEIR CENSUS FORMS TO EN- money that was not going to be spent service or to compete to become astronauts SURE THE MOST ACCURATE otherwise—to be used to clean up these or combat pilots, in 1976 Congress passed, ENUMERATION OF THE POPU- and President Ford signed into law, legisla- LATION POSSIBLE environmental hazzards. I want to em- tion authorizing the admission of women phasize that this source was identified into the military service academies; Mr. DASCHLE (for himself, Mr. LIE- by the Justice Department, not by Whereas women are now excelling in mili- BERMAN, Mr. SARBANES, Mr. BRYAN, Mr. Congress. And I want to applaud their tary academies and emerging as part of the TORRICELLI, Mr. EDWARDS, Mr. MOY- swift action to solve the problem, and military leadership of the future, and have NIHAN, Mr. KERRY, Mr. BINGAMAN, Mr. not play politics. served with distinction as members of com- GRAHAM, Mr. CLELAND, Mr. REID, Mr. bat squadrons and as commanders and mem- HARKIN, Mrs. LINCOLN, Mr. SCHUMER, But then, OMB happened. It did noth- bers of the space shuttle crew; Mr. AKAKA, Mr. KENNEDY, Mr. DURBIN, ing. The problem mounts, and OMB Whereas the 20th century saw women in Mr. FEINGOLD, Mr. KERREY, Mr. KOHL, new roles as justices on the United States sits. That is why Senator HUTCHINSON Mrs. FEINSTEIN, Ms. MIKULSKI, Mr. and I are offering this Sense of the Sen- Supreme Court, members of the President’s Executive Cabinet, United States Senators DORGAN, Mr. ROBB, Mr. LAUTENBERG, ate. We hope to encourage timely ac- and Representatives, and women’s services Mr. JOHNSON, Mr. REED, and Mrs. tion—not more sitting on bureaucratic have become invaluable in appointed and BOXER) submitted the following resolu- thumbs. I urge my colleagues to join volunteer positions and as Federal legislation; which was referred to the Com- us. tors, State and local legislators, Governors, mittee on Governmental Affairs:

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2777 S. RES. 293 cans have equal representation in Con- Sec. 203. Increased training for law enforce- Whereas the Constitution requires an ac- gress. ment officers and court per- tual enumeration of the population every 10 Any effort to encourage Americans sonnel to respond to the needs years; not to complete their census question- of crime victims. Whereas Federal, State, and local govern- Sec. 204. Increased resources to develop naire will only hinder our ability to state-of-the-art systems for no- ments, as well as charities and other groups allow every community to live up to serving Americans, use information gathered tifying crime victims of impor- by the census to distribute hundreds of bil- its potential, and provide its citizens tant dates and developments. Sec. 205. Pilot program to study effective- lions of dollars for programs from education with the roads, hospitals and schools ness of restorative justice ap- to employment, housing to transportation, they need. proach on behalf of victims of and rural development to urban empower- As you know, last week the Senate crime. ment; approved an amendment stating that Sec. 206. Compensation and assistance to Whereas inaccurate or incomplete census no American should be prosecuted for victims of terrorist acts, mass data would make it impossible for this aid to failing to fill out his or her census violence, or international ter- be distributed appropriately or fairly and form. This resolution was distracting rorism. would prevent critically needed funding from finding its way to the appropriate recipients; and unnecessary. No American is—or TITLE I—VICTIM RIGHTS Whereas inaccurate or incomplete census for years has been—prosecuted for fail- SEC. 101. RIGHT TO NOTICE AND TO BE HEARD data would also throw into doubt the ability ing to complete a census form. CONCERNING DETENTION. to correctly apportion representation in Con- The Census Bureau needs to know Section 3142 of title 18, United States Code, gress or equitably redraw voting district that it has the full support of the Con- is amended— lines within the States, raising questions (1) in subsection (g)— gress as it carries out its vital task. (A) in paragraph (3), by striking ‘‘and’’ at about whether the one-person-one-vote This resolution makes clear just how rights of Americans are being appropriately the end; important the bureau’s task is, and the (B) by redesignating paragraph (4) as para- guarded; graph (5); and Whereas the privacy of all data collected need for every American to comply (C) by inserting after paragraph (3) the fol- by the Bureau of the Census is guaranteed with the law and complete the census lowing: absolute confidentiality for 72 years from the form. I urge all my colleagues to give ‘‘(4) the views of the victim; and’’; and public and all other government agencies; it their support. (2) by adding at the end the following: and f ‘‘(k) NOTICE AND RIGHT TO BE HEARD.— Whereas the Bureau of the Census cannot ‘‘(1) IN GENERAL.—Subject to paragraph (2), conduct its constitutional or legal duties and AMENDMENTS SUBMITTED with respect to each hearing under sub- Americans cannot be assured of the integrity section (f)— of the census results, and therefore the eq- ‘‘(A) before the hearing, the Government uity of all of the manifold decisions that rely CRIME VICTIMS ASSISTANCE ACT shall make reasonable efforts to notify the upon census numbers, without the fullest victim of— possible participation from the public: Now, ‘‘(i) the date and time of the hearing; and therefore, be it ‘‘(ii) the right of the victim to be heard on Resolved, That it is the sense of the Senate LEAHY (AND OTHERS) AMENDMENT NO. 3097 the issue of detention; and that— ‘‘(B) at the hearing, the court shall inquire (1) it is the civic duty of Americans to as- (Referred to the Committee on For- of the Government whether the victim wish- sist in ensuring the most accurate census eign Relations.) es to be heard on the issue of detention and, possible; and Mr. LEAHY (for himself, Mr. KEN- if so, shall afford the victim such an oppor- (2) all residents of the United States should NEDY, Mr. SARBANES, Mr. KERRY, Mr. tunity. complete their census forms. ‘‘(2) EXCEPTIONS.—The requirements of HARKIN, Mrs. MURRAY, Mr. FEINGOLD, Mr. DASCHLE. Mr. President, today paragraph (1) shall not apply to any case in and Mr. ROBB) submitted an amend- Senator LIEBERMAN and I, along with a which the Government or the court reason- group of our colleagues, are intro- ment intended to be proposed by them ably believes— ducing a resolution emphasizing to all to the bill (S. 934) to enhance rights ‘‘(A) available evidence raises a significant Americans the importance of accu- and protections for victims of crime; as expectation of physical violence or other re- rately and completely filling out their follows: taliation by the victim against the defend- Be it enacted by the Senate and House of Rep- ant; or census forms. It is my hope that all ‘‘(B) identification of the defendant by the members of the Senate will cosponsor resentatives of the United States of America in Congress assembled, victim is a fact in dispute, and no means of this important resolution to support verification has been attempted.’’. SECTION. 1. SHORT TITLE; TABLE OF CONTENTS. the Census Bureau as it carries out the (c) VICTIM DEFINED.—Section 3156(a) of role that the Constitution and Con- (a) SHORT TITLE.—This Act may be cited as title 18, United States Code, is amended— gress have directed it to take. the ‘‘Crime Victims Assistance Act of 2000’’. (1) in paragraph (4), by striking ‘‘and’’ at I continue to be concerned with the (b) TABLE OF CONTENTS.—The table of con- the end; tents for this Act is as follows: statements of some elected officials (2) in paragraph (5), by striking the period urging Americans not to respond to Sec. 1. Short title; table of contents. at the end and inserting ‘‘; and’’; and TITLE I—VICTIM RIGHTS (3) by adding at the end the following: some of the questions on their census ‘‘(6) the term ‘victim’— Sec. 101. Right to notice and to be heard forms. These statements are reckless ‘‘(A) means an individual harmed as a re- concerning detention. and irresponsible. sult of a commission of an offense involving Sec. 102. Right to a speedy trial. First, every question on the census death or bodily injury to any person, a Sec. 103. Right to notice and to be heard form is required by the Constitution or threat of death or bodily injury to any per- concerning plea. son, a sexual assault, or an attempted sexual by law. All of these questions were re- Sec. 104. Enhanced participatory rights at assault; and viewed by Congress before the census trial. ‘‘(B) includes— began, and received virtually no com- Sec. 105. Right to notice and to be heard ‘‘(i) in the case of a victim who is less than ment at that time. Second, an accurate concerning sentence. 18 years of age or incompetent, the parent or census is absolutely critical to meet Sec. 106. Right to notice and to be heard legal guardian of the victim; concerning sentence adjust- the needs of the public. Local, state ‘‘(ii) in the case of a victim who is deceased ment. and federal aid programs all depend or incapacitated, 1 or more family members Sec. 107. Right to notice of release or escape. upon an accurate census count to prop- designated by the court; and Sec. 108. Right to notice and to be heard erly distribute funding for roads, ‘‘(iii) any other person appointed by the concerning Executive clem- court to represent the victim.’’. schools and health care. Disaster re- ency. sponse agencies like the Federal Emer- Sec. 109. Remedies for noncompliance. SEC. 102. RIGHT TO A SPEEDY TRIAL. Section 3161(h)(8)(B) of title 18, United gency Management Agency use census TITLE II—VICTIM ASSISTANCE data to prepare for and respond to hur- States Code, is amended by adding at the end INITIATIVES the following: ricanes, tornadoes and other natural Sec. 201. Pilot programs to establish om- ‘‘(v) The interests of the victim (or the disasters. Finally, accurate informa- budsman programs for crime family of a victim who is deceased or inca- tion about population is absolutely es- victims. pacitated) in the prompt and appropriate dis- sential to fairly distribute congres- Sec. 202. Amendments to Victims of Crime position of the case, free from unreasonable sional seats to ensure that all Ameri- Act of 1984. delay.’’.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2778 CONGRESSIONAL RECORD — SENATE April 13, 2000

SEC. 103. RIGHT TO NOTICE AND TO BE HEARD (3) CONGRESSIONAL ACTION.—Except as oth- ment or present any information to the CONCERNING PLEA. erwise provided by law, if the Judicial Con- court in relation to the sentence;’’. (a) IN GENERAL.—Rule 11 of the Federal ference of the United States— (b) ENHANCED PARTICIPATORY RIGHTS.— Rules of Criminal Procedure is amended— (A) submits a report in accordance with Rule 32 of the Federal Rules of Criminal Pro- (1) by redesignating subdivision (h) as subparagraph (2) containing recommendations division (i); and described in that paragraph, and those rec- cedure is amended— (2) by inserting after subdivision (g) the ommendations are the same as the amend- (1) in subdivision (b)— following: ments made by subsection (a), then the (A) by redesignating paragraphs (4), (5), ‘‘(h) RIGHTS OF VICTIMS.— amendments made by subsection (a) shall be- and (6) as paragraphs (5), (6), and (7), respec- ‘‘(1) VICTIM DEFINED.—In this subdivision, come effective 30 days after the date on tively; the term ‘victim’ means an individual which the recommendations are submitted (B) by inserting after paragraph (3) the fol- harmed as a result of a commission of an of- to Congress under paragraph (2); lowing: fense involving death or bodily injury to any (B) submits a report in accordance with ‘‘(4) NOTICE TO VICTIM.—The probation offi- person, a threat of death or bodily injury to paragraph (2) containing recommendations cer must, before submitting the presentence any person, a sexual assault, or an at- described in that paragraph, and those rec- report, provide notice to the victim as pro- tempted sexual assault, and also includes— ommendations are different in any respect vided by section 3664(d)(2)(A) of title 18, ‘‘(A) in the case of a victim who is less from the amendments made by subsection United States Code.’’; and than 18 years of age or incompetent, the par- (a), the recommendations made pursuant to (C) in paragraph (5), as redesignated— ent or legal guardian of the victim; paragraph (2) shall become effective 180 days (i) by redesignating subparagraphs (E) ‘‘(B) in the case of a victim who is deceased after the date on which the recommenda- through (H) as subparagraphs (F) through (I), or incapacitated, 1 or more family members respectively; and designated by the court; and tions are submitted to Congress under paragraph (2), unless an Act of Congress is passed (ii) by inserting after subparagraph (D) the ‘‘(C) any other person appointed by the following: court to represent the victim. overturning the recommendations; and (C) fails to comply with paragraph (2), the ‘‘(E) any victim impact statement sub- ‘‘(2) NOTICE.—The Government, before a mitted by a victim to the probation officer;’’; proceeding at which a plea of guilty or nolo amendments made by subsection (a) shall be- (2) in subdivision (c)(3), by striking sub- contendere is entered, shall make reasonable come effective 360 days after the date of en- paragraph (E) and inserting the following: efforts to notify the victim of— actment of this Act. ‘‘(E) afford the victim, personally or ‘‘(A) the date and time of the proceeding; (4) APPLICATION.—Any amendment made through counsel, an opportunity to make a ‘‘(B) the elements of the proposed plea or pursuant to this section (including any statement or present any information in re- plea agreement; amendment made pursuant to the rec- lation to the sentence, including information ‘‘(C) the right of the victim to attend the ommendations of the Judicial Conference of concerning the extent and scope of the vic- proceeding; and the United States under paragraph (2)) shall tim’s injury or loss, and the impact of the of- ‘‘(D) the right of the victim to address the apply in any proceeding commenced on or fense on the victim or the family of the vic- court personally, through counsel, or in after the effective date of the amendment. tim, except that the court may reasonably writing on the issue of the proposed plea or SEC. 104. ENHANCED PARTICIPATORY RIGHTS AT limit the number of victims permitted to ad- plea agreement. TRIAL. dress the court if the number is so large that ‘‘(3) OPPORTUNITY TO BE HEARD.—The court, (a) AMENDMENT TO VICTIM RIGHTS CLARI- affording each victim such right would result before accepting a plea of guilty or nolo FICATION ACT.—Section 3510 of title 18, in cumulative victim impact information or contendere, shall afford the victim an oppor- United States Code, is amended by adding at would unreasonably prolong the sentencing tunity to be heard, personally, through coun- the end the following: process.’’; and sel, or in writing, on the proposed plea or ‘‘(d) APPLICATION TO TELEVISED PRO- (3) in subdivision (f)(1)— plea agreement. CEEDINGS.—This section applies to any vic- (A) by striking ‘‘the right of allocution ‘‘(4) EXCEPTIONS.—Notwithstanding any tim viewing proceedings pursuant to section under subdivision (c)(3)(E)’’ and inserting other provision of this subdivision— 235 of the Antiterrorism and Effective Death ‘‘the notice and participatory rights under ‘‘(A) in any case in which a victim is a de- Penalty Act of 1996 (42 U.S.C. 10608), or any subdivisions (b)(4) and (c)(3)(E)’’; and fendant in the same or a related case, or in rule issued thereunder.’’. (B) by striking ‘‘if such person or persons which the Government certifies to the court (b) AMENDMENT TO VICTIMS’ RIGHTS AND are present at the sentencing hearing, re- under seal that affording such victim any RESTITUTION ACT OF 1990.—Section 502(b) of gardless of whether the victim is present;’’. right provided under this rule will jeopardize the Victims’ Rights and Restitution Act of an ongoing investigation, the victim shall 1990 (42 U.S.C. 10606(b)) is amended— (c) EFFECTIVE DATE.— not have such right; (1) by striking paragraph (4) and inserting (1) IN GENERAL.—The amendments made by ‘‘(B) a victim who, at the time of a pro- the following: subsection (b) shall become effective as proceeding at which a plea of guilty or nolo ‘‘(4) The right to be present at all public vided in paragraph (3). contendere is entered, is incarcerated in any court proceedings related to the offense, un- (2) ACTION BY JUDICIAL CONFERENCE.— Federal, State, or local correctional or de- less the court determines that testimony by (A) RECOMMENDATIONS.—Not later than 180 tention facility, shall not have the right to the victim at trial would be materially af- days after the date of enactment of this Act, appear in person, but, subject to subpara- fected if the victim heard the testimony of the Judicial Conference of the United States graph (A), shall be afforded a reasonable op- other witnesses.’’; and shall submit to Congress a report containing portunity to present views or participate by (2) in paragraph (5), by striking ‘‘attorney’’ recommendations for amending the Federal alternate means; and and inserting ‘‘the attorney’’. Rules of Criminal Procedure to provide en- ‘‘(C) in any case involving more than 15 SEC. 105. RIGHT TO NOTICE AND TO BE HEARD hanced opportunities for victims to partici- victims, the court, after consultation with CONCERNING SENTENCE. pate during the presentencing and sen- the Government and the victims, may ap- (a) ENHANCED NOTICE AND CONSIDERATION tencing phase of the criminal process. point a number of victims to represent the OF VICTIMS’ VIEWS.— (B) INAPPLICABILITY OF OTHER LAW.—Chap- interests of the victims, except that all vic- (1) IMPOSITION OF SENTENCE.—Section ter 131 of title 28, United States Code, does tims shall retain the right to submit a writ- 3553(a) of title 18, United States Code, is not apply to any recommendation made by ten statement under paragraph (2).’’. amended— the Judicial Conference of the United States (b) EFFECTIVE DATE.— (A) in paragraph (6), by striking ‘‘and’’ at under this paragraph. (1) IN GENERAL.—The amendments made by the end; (3) CONGRESSIONAL ACTION.—Except as oth- subsection (a) shall become effective as pro- (B) by redesignating paragraph (7) as para- erwise provided by law, if the Judicial Con- vided in paragraph (3). graph (8); and ference of the United States— (2) ACTION BY JUDICIAL CONFERENCE.— (C) by inserting after paragraph (6) the fol- (A) submits a report in accordance with (A) RECOMMENDATIONS.—Not later than 180 lowing: paragraph (2) containing recommendations days after the date of enactment of this Act, ‘‘(7) the views of any victims of the offense, described in that paragraph, and those rec- the Judicial Conference of the United States if such views are presented to the court; ommendations are the same as the amend- shall submit to Congress a report containing and’’. ments made by subsection (b), then the recommendations for amending the Federal (2) ISSUANCE AND ENFORCEMENT OF ORDER OF amendments made by subsection (b) shall be- Rules of Criminal Procedure to provide en- RESTITUTION.—Section 3664(d)(2)(A) of title come effective 30 days after the date on hanced opportunities for victims to be heard 18, United States Code is amended— which the recommendations are submitted on the issue of whether or not the court (A) by redesignating clauses (v) and (vi) as to Congress under paragraph (2); should accept a plea of guilty or nolo clauses (vii) and (viii) respectively; and (B) submits a report in accordance with contendere. (B) by inserting after clause (iv) the fol- paragraph (2) containing recommendations (B) INAPPLICABILITY OF OTHER LAW.—Chap- lowing: described in that paragraph, and those rec- ter 131 of title 28, United States Code, does ‘‘(v) the opportunity of the victim to at- ommendations are different in any respect not apply to any recommendation made by tend the sentencing hearing; from the amendments made by subsection the Judicial Conference of the United States ‘‘(vi) the opportunity of the victim, person- (b), the recommendations made pursuant to under this paragraph. ally or through counsel, to make a state- paragraph (2) shall become effective 180 days

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2779 after the date on which the recommenda- apply in any proceeding commenced on or prior to that release from custody, if prac- tions are submitted to Congress under para- after the effective date of the amendment. ticable.’’. graph (2), unless an Act of Congress is passed SEC. 107. RIGHT TO NOTICE OF RELEASE OR ES- (b) TECHNICAL AND CONFORMING AMEND- overturning the recommendations; and CAPE. MENT.—The analysis for subchapter C of (C) fails to comply with paragraph (2), the (a) IN GENERAL.—Subchapter C of chapter chapter 229 of title 18, United States Code, is amendments made by subsection (b) shall be- 229 of title 18, United States Code, is amend- amended by adding at the end the following: come effective 360 days after the date of ened by adding at the end the following: ‘‘3628. Notice to victims concerning grant of actment of this Act. ‘‘§ 3627. Notice to victims of release or escape executive clemency.’’. (4) APPLICATION.—Any amendment made of defendants (c) REPORTING REQUIREMENTS.—The Attor- pursuant to this section (including any ney General shall submit biannually to the ‘‘(a) IN GENERAL.—The Bureau of Prisons amendment made pursuant to the rec- Committees on the Judiciary of the House of ommendations of the Judicial Conference of shall ensure that reasonable notice is provided to each victim of an offense for which Representatives and the Senate a report on the United States under paragraph (2)) shall executive clemency matters or cases dele- apply in any proceeding commenced on or a person is in custody pursuant to this subchapter— gated for review or investigation to the At- after the effective date of the amendment. torney General by the President, including SEC. 106. RIGHT TO NOTICE AND TO BE HEARD ‘‘(1) not less than 30 days before the release of such person under section 3624, assign- for each year— CONCERNING SENTENCE ADJUST- (1) the number of petitions so delegated; MENT. ment of such person to pre-release custody (2) the number of reports submitted to the (a) IN GENERAL.—Rule 32.1(a) of the Federal under section 3624(c), or transfer of such per- Rules of Criminal Procedure is amended by son under section 3623; President; adding at the end the following: ‘‘(2) not less than 10 days before the tem- (3) the number of petitions for executive clemency granted and the number denied; ‘‘(3) NOTICE TO VICTIM.—At any hearing porary release of such person under section pursuant to paragraph (2) involving 1 or 3622; (4) the name of each person whose petition more persons who have been convicted of an ‘‘(3) not later than 12 hours after discovery for executive clemency was granted or de- offense involving death or bodily injury to that such person has escaped; nied and the offenses of conviction of that any person, a threat of death or bodily in- ‘‘(4) not later than 12 hours after the re- person for which executive clemency was jury to any person, a sexual assault, or an turn to custody of such person after an es- granted or denied; and attempted sexual assault, the Government cape; and (5) with respect to any person granted ex- shall make reasonable efforts to notify the ‘‘(5) at such other times as may be reason- ecutive clemency, the date that any victim victim of the offense (and the victim of any able before any other form of release of such of an offense that was the subject of that new charges giving rise to the hearing), of— person as may occur. grant of executive clemency was notified, pursuant to Department of Justice regula- ‘‘(A) the date and time of the hearing; and ‘‘(b) APPLICABILITY.—This section applies ‘‘(B) the right of the victim to attend the to any escape, work release, furlough, or any tions, of a petition for executive clemency, hearing and to address the court regarding other form of release from a psychiatric in- and whether such victim submitted a state- whether the terms or conditions of probation stitution or other facility that provides men- ment concerning the petition. (d) SENSE OF THE SENATE CONCERNING THE or supervised release should be modified.’’. tal or other health services to persons in the RIGHT OF VICTIMS TO NOTICE AND TO BE (b) EFFECTIVE DATE.— custody of the Bureau of Prisons. HEARD CONCERNING EXECUTIVE CLEMENCY.—It (1) IN GENERAL.—The amendment made by ‘‘(c) VICTIM CONTACT INFORMATION.—It is the Sense of the Senate that— subsection (a) shall become effective as pro- shall be the responsibility of a victim to no- (1) victims of a crime should be notified vided in paragraph (3). tify the Bureau of Prisons, by means of a about any petition for executive clemency (2) ACTION BY JUDICIAL CONFERENCE.— form to be provided by the Attorney General, filed by the perpetrators of that crime and (A) RECOMMENDATIONS.—Not later than 180 of any change in the mailing address of the provided an opportunity to submit a state- days after the date of enactment of this Act, victim, or other means of contacting the vic- ment concerning the petition to the Presi- the Judicial Conference of the United States tim, while the defendant is in the custody of dent; and shall submit to Congress a report containing the Bureau of Prisons. The Bureau of Prisons (2) the Attorney General should promul- recommendations for amending the Federal shall ensure the confidentiality of any infor- gate regulations or internal guidelines to en- Rules of Criminal Procedure to ensure that mation relating to a victim.’’. sure that such notification and opportunity reasonable efforts are made to notify victims (b) TECHNICAL AND CONFORMING AMEND- to submit a statement are provided. of violent offenses of any revocation hearing MENT.—The analysis for subchapter C of held pursuant to Rule 32.1(a)(2), and to afford chapter 229 of title 18, United States Code, is SEC. 109. REMEDIES FOR NONCOMPLIANCE. such victims an opportunity to participate. amended by adding at the end the following: (a) GENERAL LIMITATION.—Any failure to (B) INAPPLICABILITY OF OTHER LAW.—Chap- comply with any amendment made by this ‘‘3627. Notice to victims of release or escape ter 131 of title 28, United States Code, does title shall not give rise to a claim for dam- of defendants.’’. not apply to any recommendation made by ages, or any other action against the United the Judicial Conference of the United States SEC. 108. RIGHT TO NOTICE AND TO BE HEARD States, or any employee of the United under this paragraph. CONCERNING EXECUTIVE CLEM- States, any court official or officer of the ENCY. (3) CONGRESSIONAL ACTION.—Except as oth- court, or an entity contracting with the (a) NOTIFICATION.—Subchapter C of chapter erwise provided by law, if the Judicial Con- United States, or any action seeking a re- 229 of title 18, United States Code, is amend- ference of the United States— hearing or other reconsideration of action ed by adding after section 3627, as added by (A) submits a report in accordance with taken in connection with a defendant. section 107, the following: paragraph (2) containing recommendations (b) REGULATIONS TO ENSURE COMPLIANCE.— described in that paragraph, and those rec- ‘‘§ 3628. Notice to victims concerning grant of (1) IN GENERAL.—Notwithstanding sub- ommendations are the same as the amend- executive clemency section (a), not later than 1 year after the ment made by subsection (a), then the ‘‘(a) DEFINITIONS.—In this section— date of enactment of this Act, the Attorney amendment made by subsection (a) shall be- ‘‘(1) the term ‘executive clemency’— General of the United States and the Chair- come effective 30 days after the date on ‘‘(A) means any exercise by the President man of the United States Parole Commission which the recommendations are submitted of the power to grant reprieves and pardons shall promulgate regulations to implement to Congress under paragraph (2); under clause 1 of section 2 of article II of the and enforce the amendments made by this (B) submits a report in accordance with Constitution of the United States; and title. paragraph (2) containing recommendations ‘‘(B) includes any pardon, reprieve, com- (2) CONTENTS.—The regulations promul- described in that paragraph, and those rec- mutation of sentence, or remission of fine; gated under paragraph (1) shall— ommendations are different in any respect and (A) contain disciplinary sanctions, includ- from the amendment made by subsection (a), ‘‘(2) the term ‘victim’ has the same meaning suspension or termination from employ- the recommendations made pursuant to ing given that term in section 503(e) of the ment, for employees of the Department of paragraph (2) shall become effective 180 days Victims’ Rights and Restitution Act of 1990 Justice (including employees of the United after the date on which the recommenda- (42 U.S.C. 10607(e)). States Parole Commission) who willfully or tions are submitted to Congress under para- ‘‘(b) NOTICE OF GRANT OF EXECUTIVE CLEM- repeatedly violate the amendments made by graph (2), unless an Act of Congress is passed ENCY.— this title, or willfully or repeatedly refuse or overturning the recommendations; and ‘‘(1) If a petition for executive clemency is fail to comply with provisions of Federal law (C) fails to comply with paragraph (2), the granted, the Attorney General shall make pertaining to the treatment of victims of amendment made by subsection (a) shall be- reasonable efforts to notify any victim of crime; come effective 360 days after the date of en- any offense that is the subject of the grant of (B) include an administrative procedure actment of this Act. executive clemency that such grant has been through which parties can file formal com- (4) APPLICATION.—Any amendment made made as soon as practicable after that grant plaints with the Department of Justice alleg- pursuant to this section (including any is made. ing violations of the amendments made by amendment made pursuant to the rec- ‘‘(2) If a grant of executive clemency will this title; ommendations of the Judicial Conference of result in the release of any person from cus- (C) provide that a complainant is prohib- the United States under paragraph (2)) shall tody, notice under paragraph (1) shall be ited from recovering monetary damages

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2780 CONGRESSIONAL RECORD — SENATE April 13, 2000 against the United States, or any employee (B) is provided the opportunity to partici- used by the Director to make grants under of the United States, either in his official or pate in the criminal justice process to the subsection (b). personal capacity; and fullest extent of the law. SEC. 202. AMENDMENTS TO VICTIMS OF CRIME (D) provide that the Attorney General, or (2) DUTIES.—The duties of a VOICE Center ACT OF 1984. the designee of the Attorney General, shall shall include— (a) CRIME VICTIMS FUND.—Section 1402 of be the final arbiter of the complaint, and (A) providing information to victims of the Victims of Crime Act of 1984 (42 U.S.C. there shall be no judicial review of the final Federal or State crime regarding the right of 10601) is amended— decision of the Attorney General by a com- those victims to participate in the criminal (1) in subsection (b)— plainant. justice process (including information con- (A) in paragraph (3), by striking ‘‘and’’ at cerning any right that exists under applica- the end; TITLE II—VICTIM ASSISTANCE ble Federal or State law); (B) in paragraph (4), by striking the period INITIATIVES (B) identifying and responding to situa- at the end and inserting ‘‘; and’’; and SEC. 201. PILOT PROGRAMS TO ESTABLISH OM- tions in which the rights of victims of crime (C) by adding at the end the following: BUDSMAN PROGRAMS FOR CRIME under applicable Federal or State law may ‘‘(5) any gifts, bequests, or donations from VICTIMS. have been violated; private entities or individuals.’’; and (a) DEFINITIONS.—In this section: (C) attempting to facilitate compliance (2) in subsection (d)— (1) DIRECTOR.—The term ‘‘Director’’ means with Federal or State law referred to in sub- (A) in paragraph (4)— the Director of the Office of Victims of paragraph (B); (i) in subparagraph (A), by striking ‘‘48.5’’ Crime. (D) educating police, prosecutors, Federal and inserting ‘‘47.5’’; (2) OFFICE.—The term ‘‘Office’’ means the and State judges, officers of the court, and (ii) in subparagraph (B), by striking ‘‘48.5’’ Office for Victims of Crime. employees of jails and prisons concerning and inserting ‘‘47.5’’; and (3) QUALIFIED PRIVATE ENTITY.—The term the rights of victims under applicable Fed- (iii) in subparagraph (C), by striking ‘‘3’’ ‘‘qualified private entity’’ means a private eral or State law; and and inserting ‘‘5’’; entity that meets such requirements as the (E) taking measures that are necessary to (B) in paragraph (5), by adding at the end Attorney General, acting through the Direc- ensure that victims of crime are treated with the following: tor, may establish. fairness, dignity, and compassion throughout ‘‘(C) Any State that receives supplemental (4) QUALIFIED UNIT OF STATE OR LOCAL GOV- the criminal justice process. funding to respond to incidents or terrorism or mass violence under this section shall be ERNMENT.—The term ‘‘local government’’ (d) OVERSIGHT.— required to return to the Crime Victims means a unit of a State or local government, (1) TECHNICAL ASSISTANCE.—The Office may Fund for deposit in the reserve fund, including a State court, that meets such re- provide technical assistance to each VOICE amounts subrogated to the State as a result quirements as the Attorney General, acting Center. of third-party payments to victims.’’. through the Director, may establish. (2) ANNUAL REPORT.—Each qualified private (b) CRIME VICTIM COMPENSATION.—Section (5) VOICE CENTERS.—The term ‘‘VOICE entity or qualified unit of State or local gov- 1403 of the Victims of Crime Act of 1984 (42 Centers’’ means the Victim Ombudsman In- ernment that carries out a pilot program to U.S.C. 10602) is amended— formation Centers established under the pro- establish and operate a VOICE Center under (1) in subsection (a)— gram under subsection (b). this section shall prepare and submit to the (A) in each of paragraphs (1) and (2), by (b) PILOT PROGRAMS.— Director, not later than 1 year after the striking ‘‘40’’ and inserting ‘‘60’’; and (1) IN GENERAL.—Not later than 12 months VOICE Center is established, and annually (B) in paragraph (3)— after the date of enactment of this Act, the thereafter, a report that— (i) by striking ‘‘5’’ and inserting ‘‘10’’; and Attorney General, acting through the Direc- (A) describes in detail the activities of the (ii) by inserting ‘‘and evaluation’’ after tor, shall establish and carry out a program VOICE Center during the preceding year; and ‘‘administration’’; and to provide for pilot programs to establish (B) outlines a strategic plan for the year (2) in subsection (b)— and operate Victim Ombudsman Information following the year covered under subpara- (A) in paragraph (7), by inserting ‘‘because Centers in each of the following States: graph (A). the identity of the offender was not deter- (A) Iowa. (e) REVIEW OF PROGRAM EFFECTIVENESS.— mined beyond a reasonable doubt in a crimi- (B) Massachusetts. (1) GAO STUDY.—Not later than 2 years nal trial, because criminal charges were not (C) Maryland. after the date on which each VOICE Center brought against the offender, or’’ after ‘‘deny (D) Vermont. established under a pilot program under this compensation to any victim’’; (E) Virginia. section is fully operational, the Comptroller (B) by redesignating paragraphs (8) and (9) (F) Washington. General of the United States shall conduct a as paragraphs (9) and (10); and (G) Wisconsin. review of each pilot program carried out (C) by inserting after paragraph (7) the fol- (2) AGREEMENTS.— under this section to determine the effec- lowing: (A) IN GENERAL.—The Attorney General, tiveness of the VOICE Center that is the sub- ‘‘(8) such program does not discriminate acting through the Director, shall enter into ject of the pilot program in carrying out the against victims because they oppose the an agreement with a qualified private entity mission and duties described in subsection death penalty or disagree with the way the or unit of State or local government to con- (c). State is prosecuting the criminal case.’’. duct a pilot program referred to in paragraph (2) OTHER STUDIES.—Not later than 2 years (c) CRIME VICTIM ASSISTANCE.—Section 1404 (1). Under the agreement, the Attorney Gen- after the date on which each VOICE Center of the Victims of Crime Act of 1984 (42 U.S.C. eral, acting through the Director, shall pro- established under a pilot program under this 10603) is amended— vide for a grant to assist the qualified pri- section is fully operational, the Attorney (1) in subsection (b)(3), by striking ‘‘5’’ and vate entity or unit of State or local govern- General, acting through the Director, shall inserting ‘‘10’’; ment in carrying out the pilot program. enter into an agreement with 1 or more pri- (2) in subsection (c)— (B) CONTENTS OF AGREEMENT.—The agree- vate entities that meet such requirements (A) in paragraph (1)— ment referred to in subparagraph (A) shall that the Attorney General, acting through (i) by inserting ‘‘or enter into cooperative specify that— the Director, may establish, to study the ef- agreements’’ after ‘‘make grants’’; (i) the VOICE Center shall be established fectiveness of each VOICE Center established (ii) by striking subparagraph (A) and in- in accordance with this section; and by a pilot program under this section in car- serting the following: (ii) except with respect to meeting applica- rying out the mission and duties described in ‘‘(A) for demonstration projects, evalua- ble requirements of this section concerning subsection (c). tion, training, and technical assistance serv- carrying out the duties of a VOICE Center (f) TERMINATION DATE.— ices to eligible organizations;’’; under this section (including the applicable (1) IN GENERAL.—Except as provided in (iii) in subparagraph (B), by striking the reporting duties under subsection (c) and the paragraph (2), a pilot program established period at the end and inserting ‘‘; and’’; and terms of the agreement) each VOICE Center under this section shall terminate on the (iv) by adding at the end the following: shall operate independently of the Office. date that is 4 years after the date of enact- ‘‘(C) training and technical assistance that (C) NO AUTHORITY OVER DAILY OPER- ment of this Act. address the significance of and effective de- ATIONS.—The Office shall have no super- (2) RENEWAL.—If the Attorney General delivery strategies for providing long-term visory or decisionmaking authority over the termines that any of the pilot programs es- psychological care.’’; and day-to-day operations of a VOICE Center. tablished under this section should be re- (B) in paragraph (3)— (c) OBJECTIVES.— newed for an additional period, the Attorney (i) in subparagraph (C), by striking ‘‘and’’ (1) MISSION.—The mission of each VOICE General may renew that pilot program for a at the end; Center established under a pilot program period not to exceed 2 years. (ii) in subparagraph (D), by striking the pe- under this section shall be to assist a victim (g) FUNDING.—Notwithstanding any other riod at the end and inserting ‘‘; and’’; and of a Federal or State crime to ensure that provision of law, an aggregate amount not to (iii) by adding at the end the following: the victim— exceed $5,000,000 of the amounts collected ‘‘(E) use funds made available to the Direc- (A) is fully apprised of the rights of that pursuant to sections 3729 through 3731 of tor under this subsection— victim under applicable Federal or State title 31, United States Code (commonly ‘‘(i) for fellowships and clinical intern- law; and known as the ‘‘False Claims Act’’), may be ships; and

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2781 ‘‘(ii) to carry out programs of training and Stat. 2077) is amended by adding at the end ‘‘(2) to victim service organizations and to special workshops for the presentation and the following: agencies (including Federal, State, and local dissemination of information resulting from ‘‘SEC. 230103. STATE-OF-THE-ART SYSTEMS FOR governments and foreign governments) and demonstrations, surveys, and special NOTIFYING VICTIMS OF IMPORTANT organizations that provide emergency or on- projects.’’; and DATES AND DEVELOPMENTS. going assistance to victims of crime, which (3) in subsection (d)— ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— shall be used to provide, for the benefit of (A) by striking paragraph (1) and inserting There are authorized to be appropriated to victims— the following: the Office for Victims of Crime of the De- ‘‘(A) emergency relief (including assistance ‘‘(1) the term ‘State’ includes— partment of Justice such sums as may be and crisis response) and other related victim ‘‘(A) the District of Columbia, the Com- necessary for grants to Federal, State, and services; monwealth of Puerto Rico, the United States local prosecutors’ offices and law enforce- ‘‘(B) emergency response training and Virgin Islands, and any other territory or ment agencies, Federal and State courts, technical assistance; and possession of the United States; and county jails, Federal and State correctional ‘‘(C) ongoing assistance including during institutions, and qualified private entities, ‘‘(B) for purposes of a subgrant under sub- any investigation and prosecution. to develop and implement state-of-the-art section (a)(1) or a grant or cooperative agree- ‘‘(b) VICTIM DEFINED.— systems for notifying victims of crime of im- ment under subsection (c)(1), the United ‘‘(1) IN GENERAL.—In this section, the term portant dates and developments relating to States Virgin Islands and any agency of the the criminal proceedings at issue. ‘victim’ means a person who has suffered di- Government of the District of Columbia or ‘‘(b) FALSE CLAIMS ACT.—Notwithstanding rect physical or emotional injury or death as the Federal Government performing law en- any other provision of law, amounts col- a result of a terrorist act or mass violence forcement functions in and on behalf of the lected pursuant to sections 3729 through 3731 occurring on or after December 21, 1988. District of Columbia.’’; of title 31, United States Code (commonly ‘‘(2) INCOMPETENT, INCAPACITATED, OR DE- (B) in paragraph (2)— known as the ‘False Claims Act’), may be CEASED VICTIMS.—In the case of a victim who (i) in subparagraph (C), by striking ‘‘and’’ used for grants under this section.’’. is less than 18 years of age, incompetent, in- at the end; and (b) VIOLENT CRIME REDUCTION TRUST capacitated, or deceased, a family member or (ii) by adding at the end the following: FUND.—Section 310004(d) of the Violent legal guardian of the victim may receive the ‘‘(E) public awareness and education and Crime Control and Law Enforcement Act of compensation or assistance under this sec- crime prevention activities that promote, 1994 (42 U.S.C. 14214(d)) is amended— tion on behalf of the victim. and are conducted in conjunction with, the (1) in the first paragraph designated as ‘‘(3) EXCEPTION.—Notwithstanding any provision of victim assistance; and paragraph (15) (relating to the definition of other provision of this section, in no event ‘‘(F) for purposes of an award under sub- the term ‘‘Federal law enforcement pro- shall an individual who is criminally cul- section (c)(1)(A), preparation, publication, gram’’), by striking ‘‘and’’ at the end; pable for the terrorist act or mass violence and distribution of informational materials (2) in the first paragraph designated as receive any compensation or assistance and resources for victims of crime and crime paragraph (16) (relating to the definition of under this section, either directly or on be- victims organizations.’’; the term ‘‘Federal law enforcement pro- half of a victim. (C) by striking paragraph (4) and inserting gram’’), by striking the period at the end and ‘‘(c) RULE OF CONSTRUCTION.—Nothing in the following: inserting ‘‘; and’’; and this section may be construed to supplant ‘‘(4) the term ‘crisis intervention services’ (3) by inserting after the first paragraph any compensation available under title VIII means counseling and emotional support in- designated as paragraph (16) (relating to the of the Omnibus Diplomatic Security and cluding mental health counseling, provided definition of the term ‘‘Federal law enforce- Antiterrorism Act of 1986.’’. as a result of crisis situations for individ- ment program’’) the following: (b) INCREASE CAP ON EMERGENCY RESERVE uals, couples, or family members following ‘‘(17) section 230103.’’. FUND AND ALLOW FOR TRANSFER OF UNOBLI- and related to the occurrence of crime;’’; SEC. 205. PILOT PROGRAM TO STUDY EFFECTIVE- GATED FUNDS TO THE EMERGENCY RESERVE (D) in paragraph (5), by striking the period NESS OF RESTORATIVE JUSTICE AP- FUND.— PROACH ON BEHALF OF VICTIMS OF at the end and inserting ‘‘; and’’; and (1) CAP INCREASE.—Section 1402(d)(5)(A) of CRIME. (E) by adding at the end the following: the Victims of Crime Act of 1984 (42 U.S.C. (a) IN GENERAL.—Notwithstanding any ‘‘(6) for purposes of an award under sub- other provision of law, amounts collected 10601(d)(5)(A)) is amended by striking section (c)(1), the term ‘eligible organiza- pursuant to sections 3729 through 3731 of ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’. tion’ includes any— title 31, United States Code (commonly (2) TRANSFER.—Section 1402(e) of the Vic- ‘‘(A) national or State organization with a known as the ‘‘False Claims Act’’) and tims of Crime Act of 1984 (42 U.S.C 10601(e)) commitment to developing, implementing, amounts available in the Crime Victims is amended by striking ‘‘in excess of $500,000’’ evaluating, or enforcing victims’ rights and Fund (42 U.S.C. 10601 et seq.), may be used by and all that follows through ‘‘than $500,000’’ the delivery of services; the Office for Victims of Crime to make and inserting ‘‘shall be available for deposit ‘‘(B) State agency or unit of local govern- grants to States, State courts, units of local into the emergency reserve fund referred to ment; government, and qualified private entities in subsection (d)(5) at the discretion of the ‘‘(C) State court; for the establishment of pilot programs that Director. Any remaining unobligated sums’’. ‘‘(D) tribal organization; implement balanced and restorative justice (c) COMPENSATION TO VICTIMS OF INTER- ‘‘(E) organization— models. NATIONAL TERRORISM.— ‘‘(i) described in section 501(c) of the Inter- (b) DEFINITION OF BALANCED AND RESTORA- (1) IN GENERAL.—The Victims of Crime Act nal Revenue Code of 1986; and TIVE JUSTICE MODEL.—In this section, the of 1984 (42 U.S.C. 10601 et seq.) is amended by ‘‘(ii) exempt from taxation under section term ‘‘balanced and restorative justice inserting after section 1404B the following: 501(a) of such Code; or model’’ means an approach to criminal jus- ‘‘SEC. 1404C. COMPENSATION TO VICTIMS OF ‘‘(F) other entity that the Director deter- tice that promotes the maximum degree of INTERNATIONAL TERRORISM. mines to be appropriate.’’. involvement by a victim, offender, and the ‘‘(a) FINDINGS.—Congress makes the fol- SEC. 203. INCREASED TRAINING FOR LAW EN- community served by a criminal justice sys- lowing findings: FORCEMENT OFFICERS AND COURT tem by allowing the criminal justice system ‘‘(1) Nationals of the United States and of- PERSONNEL TO RESPOND TO THE and related criminal justice agencies to im- ficers and employees of the Federal Govern- NEEDS OF CRIME VICTIMS. prove the capacity of the system and agen- Notwithstanding any other provision of ment may suffer physical and emotional in- cies to— jury or death as a result of international ter- law, amounts collected pursuant to sections (1) protect the community served by the 3729 through 3731 of title 31, United States rorism. system and agencies; and ‘‘(2) The United States has an obligation to Code (commonly known as the ‘‘False Claims (2) ensure accountability of the offender Act’’) may be used by the Office for Victims assist nationals of the United States if, and the system. through no fault of their own, they are tar- of Crime to make grants to States, State SEC. 206. COMPENSATION AND ASSISTANCE TO courts, units of local government, and quali- geted by terrorists as symbols of the United VICTIMS OF TERRORIST ACTS, MASS States. fied private entities, to provide training and VIOLENCE, OR INTERNATIONAL TER- information to prosecutors, judges, law en- RORISM. ‘‘(3) Officers and employees of the United forcement officers, probation officers, and (a) IN GENERAL.—Section 1404B of the Vic- States who are not nationals of the United other officers and employees of Federal and tims of Crime Act of 1984 (42 U.S.C. 10603b) is States may serve as a surrogate for the State courts to assist them in responding ef- amended to read as follows: United States and may be targeted by inter- fectively to the needs of victims of crime. ‘‘SEC. 1404B. COMPENSATION AND ASSISTANCE national terrorists. Depending upon the nature of the duties of such an officer or em- SEC. 204. INCREASED RESOURCES TO DEVELOP TO VICTIMS OF TERRORIST ACTS OR STATE-OF-THE-ART SYSTEMS FOR MASS VIOLENCE. ployee, and the location of service of that of- NOTIFYING CRIME VICTIMS OF IM- ‘‘(a) IN GENERAL.—The Director may make ficer or employee, the officer or employee PORTANT DATES AND DEVELOP- supplemental grants as provided in section may be placed in circumstances of greater MENTS. 1402(d)(5)— vulnerability than other individuals who are (a) IN GENERAL.—Subtitle A of title XXIII ‘‘(1) to States, which shall be used for eligi- not nationals of the United States. of the Violent Crime Control and Law En- ble crime victim compensation and assist- ‘‘(4) Even if international terrorism is not forcement Act of 1994 (Public Law 103–322; 108 ance programs for the benefit of victims; and directed clearly or exclusively at the United

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2782 CONGRESSIONAL RECORD — SENATE April 13, 2000 States, the status of an individual as a na- Rights Week. This is a week that we gress, as in the last, we will not take tional of the United States or as an officer or set aside each year to honor and com- the simple and important step of enact- employee of the Federal Government may memorate the victims of crime and ing this legislation. Instead, the Judi- contribute to some extent to the targeting of those who serve them. It is appropriate ciary Committee has focused on pro- that individual by terrorists. ‘‘(5) To provide fair compensation to these to take this time to discuss the unmet posals to amend the United States Con- victims of international terrorism, Congress needs of victims in our Nation’s crimi- stitution. Such action is ill-advised and should assist these victims with the typical nal justice system. a constitutional amendment is unnec- expenses of victimization and the extraor- Tremendous strides have been made essary. I regret that for the last several dinary expenses associated with victimiza- in these past 20 years toward ensuring years the pace of crime victim legislation abroad. better and more comprehensive rights tion has slowed dramatically. I have ‘‘(b) DEFINITIONS.—In this section: and services for victims of crime. grave reservations about proceeding ‘‘(1) INTERNATIONAL TERRORISM.—The term first to amend the Constitution and ‘international terrorism’ has the meaning Today, there are over 30,000 laws na- given the term in section 2331 of title 18, tionwide that define and protect vic- only then to design and enact the legis- United States Code. tims’ rights, as well as over 10,000 na- lation that could help crime victims. ‘‘(2) NATIONAL OF THE UNITED STATES.—The tional, State, and local organizations To help victims we must act on legisla- term ‘national of the United States’ has the that provide assistance to people who tion like the Crime Victims Assistance meaning given the term in section 101(a) of have been hurt by crime. This is sub- Act and we should be doing so without the Immigration and Nationality Act (8 stantial progress, but there is still further delay. U.S.C. 1101(a)). more to be done. While the Crime Victims Assistance ‘‘(3) VICTIM.— My involvement with crime victims’ Act is central to a package of victim ‘‘(A) IN GENERAL.—The term ‘victim’ means assistance legislation, it does not stand a person who— rights began more than three decades ‘‘(i) suffered direct physical or emotional ago when I served as State’s Attorney alone. There is so much that we could injury or death as a result of international for Chittenden County, Vermont, and be doing to help victims, none of which terrorism occurring on or after December 21, witnessed first-hand the devastation of requires an amendment to the Con- 1988; and crime. I have worked ever since to en- stitution. If we truly want to help vic- ‘‘(ii) as of the date on which the inter- sure that the criminal justice system is tims we should, for example, re-author- national terrorism occurred, was a national one that respects the rights and dig- ize the Violence Against Women Act. A of the United States or an officer or em- nity of victims of crime and domestic bill to reauthorize those programs has ployee of the Federal Government. been pending without action for too ‘‘(B) INCOMPETENT, INCAPACITATED, OR DE- violence, rather than one that presents CEASED VICTIMS.—In the case of a victim who additional ordeals for those already long. It contains over $3.7 billion dol- is less than 18 years of age, incompetent, in- victimized. lars in funding over five years, funding capacitated, or deceased, a family member or I am proud that Congress has been a that primarily goes to State and local legal guardian of the victim may receive the significant part of the solution to pro- programs that desperately need assist- assistance under this section on behalf of the vide victims with greater rights and as- ance. victim. sistance. During the last two decades, Just yesterday, the Office of Justice ‘‘(C) EXCEPTION.—Notwithstanding any Congress has passed several bills to Programs announced that Women other provision of this section, in no event Helping Battered Women in Bur- shall an individual who is criminally cul- this end. These bills have included: pable for the terrorist act or mass violence The Victims and Witness Protection lington, Vermont, will be receiving receive any assistance under this section, ei- Act of 1982; $249,043 under the Rural Domestic Vio- ther directly or on behalf of a victim. The Victims of Crime Act of 1984; lence and Child Victimization Enforce- ‘‘(c) AWARD OF COMPENSATION.—The Direc- The Victims’ Rights and Restitution ment Program—a VAWA program that tor may carry out a program as provided in Act of 1990; I initiated. Earlier this month, the section 1402(d)(5)(B) to provide assistance to The Violence Against Women Act of Vermont Center for Crime Victim victims of international terrorism to com- 1994; Services received an award of $799,534 pensate them for expenses associated with The Mandatory Victims’ Restitution under the same program. This pro- that victimization. ‘‘(d) ANNUAL REPORT.—The Director shall Act of 1996; gram, and other VAWA programs, meet annually submit to Congress a report on the The Justice for Victims of Terrorism the true and immediate needs of vic- status and activities of the program under Act of 1996; tims in every State. By contrast, the this section, which report shall include— The Victim Rights Clarification Act proposed constitutional amendment is ‘‘(1) an explanation of the procedures for of 1997; a political gimmick, which promises filing and processing of applications for as- The Crime Victims with Disabilities much but fails to define real rights or sistance; Awareness Act of 1998; and provide real remedies or assistance. ‘‘(2) a description of the procedures and The Torture Victims Relief Act of We must also do more for victims of policies instituted to promote public awareness about the program; 1998. hate crimes by passing the Hate Crimes ‘‘(3) a complete statistical analysis of the It is because of my continuing com- Prevention Act. This legislation victims assisted under the program, includ- mitment to protecting the rights of amends the Federal hate crimes stating— victims that I joined with Senator ute to make it easier for federal law ‘‘(A) the number of applications for assist- KENNEDY to introduce the Crime Vic- enforcement officials to investigate ance submitted; tims Assistance Act, S. 934, and its and prosecute cases of racial and reli- ‘‘(B) the number of applications approved predecessor in the 105th Congress. This gious violence. It also focuses the at- and the amount of each award; legislation offers full-scale reform of tention and resources of the Federal ‘‘(C) the number of applications denied and the reasons for the denial; Federal rules and Federal law to estab- Government on the problem of hate ‘‘(D) the average length of time to process lish stronger rights and protections for crimes committed against people be- an application for assistance; and victims of Federal crime. This legisla- cause of their sexual orientation, gen- ‘‘(E) the number of applications for assist- tion further proposes to assist victims der, or disability. The Senate approved ance pending and the estimated future liabil- of State crime through the infusion of this legislation last summer as part of ity of the program; and additional resources to make the the Commerce-Justice-State appropria- ‘‘(4) an analysis of future program needs criminal justice system more sup- tions bill, but it was dropped before and suggested program improvements.’’. porting of crime victims. In addition, final passage. We should pass it now, (2) CONFORMING AMENDMENT.—Section 1402(d)(5)(B) of the Victims of Crime Act of this legislation would improve the ca- without further delay. 1984 (42 U.S.C. 10601(d)(5)(B)) is amended by pacity of the Office for Victims of With a simple majority of both inserting ‘‘, to provide assistance to victims Crime to provide more immediate and Houses of Congress we can pass the of international terrorism under the pro- effective assistance to Americans who Crime Victims Assistance Act, which gram under section 1404C,’’ after ‘‘section are victims of terrorism abroad. should have been enacted three years 1404B’’. The Crime Victims Assistance Act ago; we can re-authorize the Violence Mr. LEAHY. Mr. President, this week would improve the lot of victims Against Women Act; we can pass the marks the 20th anniversary of our ob- throughout the country. Unfortu- Hate Crimes Prevention Act. These servance of National Crime Victims’ nately, it appears that in this Con- laws can make a difference today in

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2783 the lives of crime victims throughout drastic and unnecessary step of amend- tims of federal crimes to participate the country. There would be no need to ing the Constitution. Acting through fully in the various criminal justice achieve super-majorities in both legislation allows us to act quickly to proceedings arising out of their cases. Houses of Congress, no need to await give victims the rights to which they I understand that the sponsors of the ratification efforts among the States are entitled. It also allows us to react constitutional amendment concerning and no need to go through the ensuing quickly to changing circumstances. By the rights of victims of crime, often re- process of enacting implementing leg- contrast, the proponents of a constitu- ferred to as the Victims’ Rights islation. tional amendment are asking victims Amendment or VRA, will bring the I regret that we did not do more for to wait, possibly for years, before any amendment to the Senate floor in the victims last year or the year before. of the provisions in the amendment are near future. I have the utmost concern Over the course of that time, I have adopted, much less implemented. for the victims of crime, and I want to noted my concern that we not dissipate Our bill provides enhanced protec- see them supported as much as possible the progress we could be making by fo- tions to victims of federal crimes. It in the law as they deal with the con- cusing exclusively on efforts to amend assures victims a greater voice in the sequences of the crime committed the Constitution. Regretfully, I must prosecution of the criminals who in- against them. But I oppose the amend- note that the pace of victims legisla- jured them and their families. It gives ment. tion has slowed noticeably and many victims the right to be notified and The main reason for my opposition is that I do not think it is necessary to opportunities for progress have been heard on detention and plea agree- amend our great governing document, squandered. ments, the right to be notified and the Constitution of the United States, I look forward to continuing to work heard at probation revocation hear- to provide the protection that victims with the Administration, victims ings, the right to be notified of the es- of crime seek and deserve. We have a groups, prosecutors, judges and other cape or release of a criminal from pris- responsibility to deal with these issues interested parties on how we can most on, and the right to a speedy trial and through legislation before turning to effectively enhance the rights of vic- prompt disposition, free from unrea- the constitutional amendment process. tims of crime. Congress and State leg- sonable delay. In addition, our bill en- That process is long and uncertain and islatures have become more sensitive hances victims’ rights to obtain res- its results are much less easier to fix to crime victims rights over the past 20 titution, to be notified and heard at than a statute if we have left some- years and we have a golden oppor- sentencing, and to be present at trial. thing undone that should have been tunity to make additional, significant The rights established by our bill will done. progress this year to provide the great- fill the existing gaps in federal crimi- The statutory alternative developed er voice and rights that crime victims nal law and will be a major step toward by Senators LEAHY and KENNEDY, deserve. ensuring that victims of crime receive which I expect will be offered as an I want to take this opportunity to appropriate and sensitive treatment. amendment to the VRA when it comes commend all those who work so hard Our bill will achieve these goals in a to the floor, will truly serve the inter- every day to assist victims of crime way that does not interfere with the ef- ests of victims in a much more direct and to prevent others from becoming forts of the States to protect victims in and effective way than would a con- victims of crime. That is something I ways appropriate to each State’s stitutional amendment. And we can try to do every year and, in particular, unique needs. enact it this year, getting relief and during Crime Victims Rights Week. In Our bill also contains measures to protections to victims of crime imme- preparing to do so again this year I was ensure that victims receive the coun- diately that will not be available to disappointed to see that no other Sen- seling, information, and assistance them until some uncertain date under ator has yet recognized Crime Victims they need in order to participate in the the constitutional amendment. Rights week. criminal justice process to the max- So I am pleased to join in this effort, On behalf of Senators KENNEDY, SAR- imum extent possible. It creates and and I look forward to working with my BANES, KERRY, HARKIN, MURRAY, FEIN- funds additional federal victim assist- colleagues to try to convince the Sen- GOLD, and ROBB, I am today filing a ance personnel. It authorizes the use of ate that this is the best way to support substitute amendment to our bill. In funds to establish effective pilot pro- the interests of victims of violent spite of the Judiciary Committee’s grams. It provides funds for increased crime. lack of attention to these matters, we training of state and local law enforce- have continued to work on them, think ment agencies and court personnel, to JOHN H. CHAFEE ENVIRONMENTAL about them and to improve the bill. I enable them to respond effectively to EDUCATION ACT OF 1999 ask unanimous consent that a copy of the needs of victims and to notify them the substitute amendment and a sec- of important dates and developments. tion-by-section summary be printed in Our bill also establishes ombudsman INHOFE AMENDMENT NO. 3098 the RECORD. programs to ensure that victims are (Ordered to lie on the table.) Mr. KENNEDY. Mr. President, I sup- given unbiased information about navi- Mr. INHOFE submitted an amend- port greater recognition of the rights gating the criminal justice process. To ment intended to be proposed by him of victims of crime. Clearly, they de- make all of these improvements pos- to the bill (S. 1946) to amend the Na- serve enforceable rights that are guar- sible, the proposed statute also im- tional Environmental Education Act to anteed by law. But, just as clearly, proves federal financial support for vic- redesignate that Act as the ‘‘John H. these rights can be achieved without tim assistance and compensation. Chafee Environmental Education Act,’’ amending the Constitution. The Con- There is no need to amend the con- to establish the John H. Chafee Memo- stitution is the foundation of our de- stitution to achieve these important rial Fellowship Program, to extend the mocracy, and it reflects the enduring goals. In my view, when it is not nec- programs under that Act, and for other principles of our country. The framers essary to amend the constitution to purposes; as follows: deliberately made it difficult to amend achieve a particular goal, it is nec- In section 7(f) of the John H. Chafee Envi- because it was never intended to be essary not to amend it. That is why I ronmental Education Act (as amended by section 4(a)), strike paragraph (2) and insert used for normal legislative purposes. ask my colleagues to establish effec- the following: We have a responsibility to assure tive and enforceable rights for victims ‘‘(2) MEMBERSHIP.—The Panel shall consist victims of crime that their rights in of crime by supporting the Crime Vic- of 5 members, appointed by the Adminis- the criminal justice system will not be tims Assistance Act. trator from among persons recommended by ignored. That is why my colleagues and Mr. FEINGOLD. Mr. President, I was the National Environmental Education Advi- I are re-introducing the Crime Victims pleased to join Senators LEAHY and sory Council. Assistance Act. KENNEDY as a sponsor of the Crime Vic- In section 6(1) of the bill, strike subpara- Our bill clearly defines the rights of tims Assistance Act, and I endorse this graph (C) and insert the following: (C) by striking the last sentence; victims, and it establishes an effective modified version of the bill. This is an In section 11(b)(1) of the John H. Chafee means to implement and enforce these important bill designed to give sub- Environmental Education Act (as amended rights. It does so without taking the stantial, enforceable rights to the vic- by section 8(a)(2))—

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2784 CONGRESSIONAL RECORD — SENATE April 13, 2000

(1) in subparagraph (C)— (6) the Palace of the Governors and its con- (f) USE OF FUNDS.—The funds received (A) strike ‘‘40 percent’’ and insert ‘‘38 per- tents are included in the Mary C. Skaggs under a grant awarded under subsection (c) cent’’; and Centennial Collection of America’s Treas- shall be used only for the final design, con- (B) strike ‘‘and’’ at the end; ures; struction, management, inspection, fur- (2) in subparagraph (D), strike the period (7) the Palace of the Governors and the nishing and equipment of the Annex. at the end and insert ‘‘; and’’; and Segesser Hide paintings have been declared (g) AUTHORIZATION OF APPROPRIATIONS.— (3) add at the end the following: national treasures by the National Trust for (1) IN GENERAL.—Subject to paragraph (2), ‘‘(E) not more than 2 percent shall be used Historic Preservation; and subject to the availability of appropriations, to administer and make grants under the (8) time is of the essence in the construc- there is authorized to be appropriated to the teachers’ awards program under section 8(b). tion of an annex to the Palace of the Gov- Secretary to carry out this section ernors for the exhibition and storing of the $15,000,000, to remain available until ex- PALACE OF THE GOVERNORS collection described in paragraph (5), be- pended. EXPANSION ACT cause— (2) CONDITION.—Paragraph (1) authorizes (A) the existing facilities for exhibiting sums to be appropriated on the condition and storing the collection are so inadequate that— DOMENICI AMENDMENT NO. 3099 and unsuitable that existence of the collec- (A) after the date of enactment of this Act tion is endangered and its preservation is in and before January 1, 2010, the State appro- Mr. SESSIONS (for Mr. DOMENICI) jeopardy; and priate at least $8,000,000 to pay the costs of proposed an amendment to the bill (S. (B) 2010 marks the 400th anniversary of the the final design, construction, management, 1727) to authorize for the expansion continuous occupation and use of the Palace inspection, furnishing, and equipping of the annex of the historic Palace of the of the Governors and is an appropriate date Annex; and Governors, a public history museum lo- for ensuring the continued viability of the (B) other non-Federal sources provide suf- cated, and relating to the history of collection. ficient funds to pay the remainder of the 50 (b) DEFINITIONS.—In this section: percent non-Federal share of those costs. Hispanic and Native American culture, (1) ANNEX.—The term ‘‘Annex’’ means the in the Southwest and for other pur- annex for the Palace of the Governors of the NRC FAIRNESS IN FUNDING ACT poses, as follows: Museum of New Mexico, to be constructed OF 1999 Strike all after the enacting clause and in- behind the Palace of the Governors building sert the following: at 110 Lincoln Avenue, Santa Fe, New Mex- SECTION 1. SHORT TITLE. ico. SMITH AMENDMENTS NOS. 3100–3101 This Act may be cited as the ‘‘Palace (2) OFFICE.—The term ‘‘Office’’ means the of the Governors Annex Act’’. State Office of Cultural Affairs. Mr. SESSIONS (for Mr. SMITH of New (3) SECRETARY.—The term ‘‘Secretary’’ SEC. 2. CONSTRUCTION OF PALACE OF THE GOV- Hampshire) proposed two amendments ERNORS ANNEX, SANTA FE, NEW means the Secretary of the Interior. to the bill (S. 1627) to extend the au- MEXICO. (4) STATE.—The term ‘‘State’’ means the thority of the Nuclear Regulatory (a) FINDINGS.—Congress finds that— State of New Mexico. Commission to collect fees through (1) the United States has a rich legacy of (c) GRANT.— 2004, and for other purposes; as follows: Hispanic influence in politics, government, (1) IN GENERAL.—Subject to the avail- economic development, and cultural expres- ability of appropriations, the Secretary shall AMENDMENT NO. 3100 sion; make a grant to the Office to pay 50 percent Beginning on page 5, strike line 2 and all (2) the Palace of the Governors— of the costs of the final design, construction, that follows through page 7, line 22, and in- (A) has been the center of administrative management, inspection, furnishing, and sert the following: and cultural activity over a vast region of equipping of the Annex. SEC. 101. NUCLEAR REGULATORY COMMISSION the Southwest since its construction as New (2) REQUIREMENTS.—Subject to the avail- ANNUAL CHARGES. Mexico’s second capitol in Santa Fe by Gov- ability of appropriations, to receive a grant Section 6101 of the Omnibus Budget Rec- ernor Pedro de Peralta in 1610; under this paragraph (1), the Office shall— onciliation Act of 1990 (42 U.S.C. 2214) is (B) is the oldest continuously occupied (A) submit to the Secretary a copy of the amended— public building in the continental United architectural blueprints for the Annex; and (1) in subsection (a)(3), by striking ‘‘Sep- States, having been occupied for 390 years; (B) enter into a memorandum of under- tember 30, 1999’’ and inserting ‘‘September and standing with the Secretary under sub- 20, 2005’’; and (C) has been designated as a National His- section (d). (2) in subsection (c)— toric Landmark; (d) MEMORANDUM OF UNDERSTANDING.—At (A) in paragraph (1), by inserting ‘‘or cer- (3) since its creation, the Museum of New the request of the Office, the Secretary shall tificate holder’’ after ‘‘licensee’’; and Mexico has worked to protect and promote enter into a memorandum of understanding (B) by striking paragraph (2) and inserting Southwestern, Hispanic, and Native Amer- with the Office that— the following: ican arts and crafts; (1) requires that the Office award the con- ‘‘(2) AGGREGATE AMOUNT OF CHARGES.— (4) the Palace of the Governors houses the tract for construction of the Annex after a ‘‘(A) IN GENERAL.—The aggregate amount history division of the Museum of New Mex- competitive bidding process and in accord- of the annual charges collected from all li- ico; ance with the New Mexico Procurement censees and certificate holders in a fiscal (5) the Museum has an extensive, priceless, Code; and year shall equal an amount that approxi- and irreplaceable collection of— (2) specifies a date for completion of the mates the percentages of the budget author- (A) Spanish Colonial paintings (including Annex. ity of the Commission for the fiscal year the Segesser Hide Paintings, paintings on (e) NON-FEDERAL SHARE.—The non-Federal stated in subparagraph (B), less— buffalo hide dating back to 1706); share of the costs of the final design, con- ‘‘(i) amounts collected under subsection (b) (B) pre-Columbian Art; and struction, management, inspection, fur- during the fiscal year; and (C) historic artifacts, including— nishing, and equipping of the Annex— ‘‘(ii) amounts appropriated to the Commis- (i) helmets and armor worn by the Don (1) may be in cash or in kind fairly evalu- sion from the Nuclear Waste Fund for the Juan de On˜ ate expedition conquistadors who ated, including land, art and artifact collec- fiscal year. established the first capital in the territory tions, plant, equipment, or services; and ‘‘(B) PERCENTAGES.—The percentages re- that is now the United States, San Juan de (2) shall include any contribution received ferred to in subparagraph (A) are— los Caballeros, in July 1598; by the State (including contributions from ‘‘(i) 98 percent for fiscal year 2001; (ii) the Vara Stick used to measure land the New Mexico Foundation and other en- ‘‘(ii) 96 percent for fiscal year 2002; grants and other real property boundaries in dowment funds) for, and any expenditure ‘‘(iii) 94 percent for fiscal year 2003; Dona Ana County, New Mexico; made by the State for, the Palace of the Gov- ‘‘(iv) 92 percent for fiscal year 2004; and (iii) the Columbus, New Mexico Railway ernors or the Annex, including— ‘‘(v) 88 percent for fiscal year 2005.’’. Station clock that was shot, stopping the (A) design; pendulum, freezing for all history the mo- (B) land acquisition (including the land at AMENDMENT NO. 3101 ment when Pancho Villa’s raid began; 110 Lincoln Avenue, Santa Fe, New Mexico); On page 7, strike line 23 and insert the fol- (iv) the field desk of Brigadier General Ste- (C) acquisitions for and renovation of the lowing: phen Watts Kearny, who was posted to New library; SEC. 102. NUCLEAR REGULATORY COMMISSION Mexico during the Mexican War and whose (D) conservation of the Palace of the Gov- AUTHORITY OVER FORMER LICENS- Army of the West traveled the Santa Fe trail ernors; EES FOR DECOMMISSIONING FUND- to occupy the territories of New Mexico and (E) construction, management, inspection, ING. California; and furnishing, and equipping of the Annex; and Section 161i. of the Atomic Energy Act of (v) more than 800,000 other historic photo- (F) donations of art collections and arti- 1954 (42 U.S.C. 2201(i)) is amended— graphs, guns, costumes, maps, books, and facts to the Museum of New Mexico on or (1) by striking ‘‘and (3)’’ and inserting handicrafts; after the date of enactment of this Act. ‘‘(3)’’; and

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2785 (2) by inserting before the semicolon at the mittee on Armed Services be author- mittee on Foreign Relations be author- end the following: ‘‘, and (4) to ensure that ized to meet during the session of the ized to meet during the session of the sufficient funds will be available for the de- Senate on Thursday, April 13, 2000, at Senate on Thursday, April 13, 2000 at commissioning of any production or utiliza- 10:00 a.m., in open session to review the 2:30 p.m. to hold a business meeting. tion facility licensed under section 103 or 104b., including standards and restrictions Department of Defense Anthrax Vac- The PRESIDING OFFICER. Without governing the control, maintenance, use, and cine Immunization Program. objection, it is so ordered. disbursement by any former licensee under The PRESIDING OFFICER. Without COMMITTEE ON HEALTH, EDUCATION, LABOR, this Act that has control over any fund for objection, it is so ordered. AND PENSIONS the decommissioning of the facility’’. COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. GRASSLEY. Mr. President, I ask SEC. 103. COST RECOVERY FROM GOVERNMENT AFFAIRS unanimous consent that the Com- AGENCIES. Mr. GRASSLEY. Mr. President, I ask mittee on Health, Education, Labor, f unanimous consent that the Com- and Pensions be authorized to meet for NOTICES OF HEARINGS mittee on Banking, Housing, and a hearing on protecting pension assets Urban Affairs be authorized to meet during the session of the Senate on COMMITTEE ON ENERGY AND NATURAL during the session of the Senate on Thursday, April 13, 2000, at 10 a.m. RESOURCES Thursday, April 13, 2000, to conduct a Mr. CRAIG. Mr. President, I would The PRESIDING OFFICER. Without hearing on Structure of Securities objection, it is so ordered. like to announce for the public that a Markets. hearing has been scheduled before the COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without Mr. GRASSLEY. Mr. President, I ask Subcommittee on Forests and Public objection, it is so ordered. Land Management of the Senate Com- unanimous consent that the Com- COMMITTEE ON COMMERCE, SCIENCE, AND mittee on the Judiciary be authorized mittee on Energy and Natural Re- TRANSPORTATION to meet to conduct a markup on Thurs- sources. Mr. GRASSLEY. Mr. President, I ask day, April 13, 2000, at 9:30 a.m. in SD226. The hearing will take place on Thurs- unanimous consent the Committee on The PRESIDING OFFICER. Without day, May 4, 2000 at 2:30 p.m., in room Commerce, Science, and Transpor- objection, it is so ordered. SD–366 of the Dirksen Senate Office tation be authorized to meet on Thurs- Building in Washington, DC. day, April 13, 2000, at 9:30 a.m. on pend- SUBCOMMITTEE ON FORESTS AND PUBLIC LAND MANAGEMENT The purpose of this hearing is to con- ing committee business. duct oversight on the United States The PRESIDING OFFICER. Without Mr. GRASSLEY. Mr. President, I ask Forest Service’s use of current and pro- objection, it is so ordered. unanimous consent that the Forests and Public Land Management Sub- posed stewardship contracting proce- COMMITTEE ON COMMERCE, SCIENCE, AND dures, including authorities under sec- TRANSPORTATION committee of the Senate Committee on tion 347 of the FY 1999 omnibus appro- Mr. GRASSLEY. Mr. President, I ask Energy and Natural Resources be au- priations act, and whether these proce- unanimous consent that the Com- thorized to meet during the session of dures assist or could be improved to as- mittee on Commerce, Science, and the Senate on Thursday, April 13, at sist forest management activities to Transportation be authorized to meet 2:30 p.m. to conduct an oversight hear- meet goals of ecosystem management, on Thursday, April 13, 2000, at 2:30 p.m. ing. The subcommittee will receive tes- restoration, and employment opportu- on S. 1361—Natural Disaster Protection timony on the United States Forest nities on public lands. and Insurance Act. Service’s proposed regulations gov- Those who wish to submit written The PRESIDING OFFICER. Without erning National Forest Planning. statements should write to the Com- objection, it is so ordered. The PRESIDING OFFICER. Without mittee on Energy and Natural Re- COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. sources, U.S. Senate, Washington, DC RESOURCES SUBCOMMITTEE ON IMMIGRATION 20510. For further information, please Mr. GRASSLEY. Mr. President, I ask Mr. GRASSLEY. Mr. President, I ask call Mark Rey (202) 224–2878. unanimous consent that the Com- unanimous consent that the Sub- COMMITTEE ON ENERGY AND NATURAL mittee on Energy and natural Re- committee on Immigration be author- RESOURCES sources be authorized to meet during ized to meet to conduct a hearing on Mr. CRAIG. Mr. President, I would the session of the Senate on Thursday, Thursday, April 13, 2000, at 2:00 p.m., in like to announce for the public that a April 13 at 9:30 a.m. to conduct a hear- Dirksen 226. hearing has been scheduled before the ing. The committee will receive testi- The PRESIDING OFFICER. Without Subcommittee on Forests and Public mony on S. 282, the Transition to Com- objection, it is so ordered. Land Management of the Senate Com- petition in the Electric Industry Act; The PRESIDING OFFICER. The Sen- mittee on Energy and Natural Re- S. 516, the Electric Utility Restruc- ator from Kansas. sources. turing Empowerment and Competitive- Mr. BROWNBACK. Thank you, Mr. The hearing will take place on ness Act of 1999; S. 1047, the Com- President. I want to speak for about 5 Wednesday, May 10, 2000, at 2:30 p.m., prehensive Electricity Competition or 6 minutes on a bill I am introducing. in room SD–366 of the Dirksen Senate Act; S. 1284, the Electric Consumer What does my colleague from Lou- Office Building in Washington, DC. Choice Act; S. 1273, the Federal Power isiana have in mind? The purpose of this hearing is to con- Act Amendments of 1999; s. 1369, the Ms. LANDRIEU. Mr. President, if my duct oversight on the United States Clean Energy Act of 1999; S. 2071, Elec- colleague will yield, I wanted to speak Forest Service’s proposed revisions to tric Reliability 2000 Act; and S. 2098, for about 2 minutes. If Senator BYRD the regulations governing National the Electric Power Market Competi- would allow both of us to go forward Forest Planning. This hearing was tion and Reliability Act. before he begins his remarks, I would originally scheduled for April 13, 2000 The PRESIDING OFFICER. Without be happy to yield. at 2:30. objection, it is so ordered. Mr. BROWNBACK. Mr. President, I Those who wish to submit written COMMITTEE ON ENVIRONMENT AND PUBLIC would be happy to yield to my col- statements should write to the Com- WORKS league from Louisiana. mittee on Energy and Natural Re- Mr. GRASSLEY. Mr. President, I ask The PRESIDING OFFICER. The Sen- sources, U.S. Senate, Washington, DC unanimous consent that the Com- ator from Louisiana is recognized. 20510. For further information, please mittee on Environment and Public Ms. LANDRIEU. Mr. President, I call Mark Rey or Bill Eby at (202) 224– Works be authorized to meet during thank Senator BROWNBACK. 6170. the session of the Senate on Thursday, f f April 13, at 9:15 a.m. to consider pending business. THE HAGUE CONVENTION ON AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without INTERNATIONAL ADOPTION MEET objection, it is so ordered. Ms. LANDRIEU. Mr. President, I COMMITTEE ON ARMED SERVICES COMMITTEE ON FOREIGN RELATIONS make note tonight of a very significant Mr. GRASSLEY. Mr. President, I ask Mr. GRASSLEY. Mr. President, I ask event which occurred today in the Cap- unanimous consent that the Com- unanimous consent that the Com- itol. We were able to pass legislation

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2786 CONGRESSIONAL RECORD — SENATE April 13, 2000 from the Foreign Relations Com- Virginia for allowing me to speak for a ator of my belief that we don’t have to mittee, under the leadership of the few minutes. worry about it being changed, with the chairman of that committee, Chairman f administration about 3 o’clock the JESSE HELMS, The Hague Convention morning before last, after long negotia- THE MAJORITY LEADER, TRENT on International Adoption. tions, and we came to a resolution LOTT The reason I mention it particularly which at least I know my critics in tonight is that we will be taking up Mr. BROWNBACK. Mr. President, I Vermont and everyone I know has this implementation legislation when want to recognize the majority leader, agreed is a wonderful resolution of the we return—hopefully, soon after we re- Senator TRENT LOTT, for his great problem. I am hopeful we will also be turn. Then we will be considering a work in getting the marriage penalty able to get the holds from the other very important treaty under the same bill brought up to the point where, side of the aisle removed expeditiously title. right after we get back, I am hopeful, so this can be passed. There are many hundreds of leaders we will be able to vote on this piece of I thank the Senator because he was a in Washington today from the Joint legislation and get it passed. leader in this field, and the bill he Council on International Children’s (The remarks of Mr. BROWNBACK per- brought out of the appropriations proc- Services and with the National Council taining to the introduction of S. 2449 ess was certainly one which was taken for Adoption who have worked literally are located in today’s RECORD under into consideration and utilized in the for years to bring us to this point. ‘‘Statements on Introduced Bills and final resolution. I also commend our partners in the Joint Resolutions.’’) With Senator KENNEDY and Senator House, Congressman DELAHUNT from f FRIST agreeing to it, with the adminis- Massachusetts, Congressman BURR, ORGAN TRANSPLANT tration, I think we have, for the first and Congressman GEJDENSON from Con- LEGISLATION time, a real hope this very difficult necticut who worked very hard on this area of organ transplants and how they who were terrific leaders. Mr. SPECTER. Mr. President, I have will be utilized may have a permanent Sixty-six countries participated in a very brief colloquy with the distin- solution—at least a solution for a fore- this ground-breaking document. There guished Senator from Vermont from seeable length of time. A lot of it is due were 37 signatories, and to date 29 the Committee on Labor, Health, Edu- to the efforts of the Senator, and I ap- countries have ratified. I particularly cation and Pensions. It had been an- preciate it. mention Mexico and Romania as two of ticipated there would be a unanimous Mr. SPECTER. I thank my colleague the earliest countries. consent request to move forward on from Vermont for that statement. I Since the United States receives legislation on organ transplants which want to be sure I have his commitment more children in this country through came out of the Labor Committee yes- he will not bring back a conference re- adoption than all other countries com- terday on a unanimous vote. I had been port to this floor which would water bined, and since we pride ourselves on deeply involved in that matter when down in any way the bill which came being a leader in this particular area, I the issue came before the conference out of his committee yesterday. think it is very significant that we step on the appropriations bill for Labor, Mr. JEFFORDS. I give the Senator forward, pass this legislation, and rat- Health and Human Services, and Edu- those assurances. ify this treaty. cation. We had crafted, after a great Mr. SPECTER. I thank my friend In closing, let me say it is so signifi- deal of controversy, a resolution where from Vermont, and I thank my col- cant because many Senators from both the Secretary of Health and Human league from West Virginia, and I yield sides of the aisle have worked for so Services came especially to an evening the floor. many years to promote adoption in a session and we worked out what I The PRESIDING OFFICER. The Sen- very positive way to say basically that thought were the final details on the ator from West Virginia. every child deserves a home. If their bi- settlement. f ological family is split apart or broken But as I think George Shultz said, THE LAST BUDGET RESOLUTION up by death, or disease, or tragedy, ne- nothing is ever settled in Washington MANAGED BY SENATOR LAUTEN- glect, or abuse, it is our responsibility and the matter has seen a new birth. BERG as a society to make sure those chil- The issue came before the Labor Com- dren are cared for permanently by mittee and they have crafted a new Mr. BYRD. Mr. President, the con- someone who is capable of nurturing proposal. I had intended to object. It ference report on the budget resolution and loving. now appears that others will object and for fiscal year 2001 has been adopted. I The significance of this treaty is that the matter will not come forward. note that this will be the last budget now we express, in an international I thought it useful to have a colloquy resolution to be managed by my good way, that that child should then go to with Senator JEFFORDS where I would friend from New Jersey, Senator LAU- their family and then to the commu- not raise an objection on his assurance TENBERG. Senator LAUTENBERG joined nity at large, but if no place can be that out of the conference the bill of the Budget Committee in 1985, 2 years found, surely there is a home some- the Labor Committee would not be wa- after he was first elected to the Senate. where on this planet for these children. tered down any more. That is a mini- Since that time, he has become an ex- There are many orphans and there are mal consideration for fairness in organ pert on the Federal budget process. He many children in limbo caught within transplants. In my judgment, no bill has worked hard. He has been diligent systems in the United States and else- would be better than any bill which is in his business. where. less than the one which is out of com- The Bible says: I thank my colleagues and I thank mittee. Seest thou a man diligent in his business? Senator HELMS for his great leadership. My own personal view is that the he shall stand before kings. I look forward to taking up this issue compromise crafted in my sub- FRANK LAUTENBERG has been diligent when we return because there was committee on appropriations on that in his business. His mastery of Federal great committee work done and a lot of bill is a superior approach, but I did see budget matters was aided, to a great work for many years was put into this. the wave moving toward what hap- degree, by his earlier mastery of busi- I am convinced that millions of chil- pened in the Labor Committee yester- ness matters in the private sector. dren now all over the world will be able day. Therefore, I will not raise an ob- FRANK LAUTENBERG was one of the to find a home and families will be able jection on the assurance from the founding partners of a company called to find children once this legislation is chairman that that bill will not be re- Automatic Data Processing. That com- implemented and carried out. duced, modified, or weakened in any pany now employs 37,000 employees and I thank the Chair. way in conference. has a market capitalization in excess The PRESIDING OFFICER. The Sen- Mr. JEFFORDS. I thank the Senator of $31 billion. Just prior to being elect- ator from Kansas is recognized. for his statement. We had an incredibly ed to the Senate, FRANK LAUTENBERG Mr. BROWNBACK. Thank you very good breakthrough in negotiations, served as both chairman and chief ex- much. I thank my colleague from West which is why I can reassure the Sen- ecutive officer of that company. As a

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2787 businessman, he developed an uncanny pallet of azaleas, tulips, jonquils, and wished to commemorate the resurrec- ability to perform mathematical cal- pink and white flowers of the dogwood. tion on Sunday, the first day of the culations in his mind. As such, his staff Overnight, it seems, the silhouettes of week. It was on the same day of the on the Budget Committee is usually the tree branches disappear, replaced week each year, but fell on different playing catchup, as Senator LAUTEN- by the first green buds of spring. dates from year to year. In 325 A.D. BERG restates budgetary issues in per- Neighbors, who seemed almost strang- Roman Emperor Constantine the centage terms. ers during the long dark winter, sud- Great, who, early in his reign, issued a The people of New Jersey, and, in- denly greet you from their front porch- document allowing Christians to prac- deed, the people of the United States, es, and passersby out for an afternoon tice their religion within the empire, have benefited greatly from the busi- stroll stop to offer that much-needed convoked the Council of Nicaea. The ness expertise that FRANK LAUTENBERG gardening advice, or they admire your council unanimously ruled that the has brought to the U.S. Senate and es- latest planting. The first aroma of Easter festival should be celebrated pecially to his assignment as the rank- charcoal fills the air as grills are fired throughout the Christian world on the ing member of the Senate Budget Com- up after a long rest. Children play out- first Sunday after the full moon fol- mittee. FRANK LAUTENBERG rose to the side after dinner, trying to squeeze in lowing the vernal equinox. position of ranking member in 1997, fol- every bit of the daylight into their At Easter, we receive again God’s lowing the retirement of Senator playtime. Everything seems new, ev- greatest gift of love: Jesus. Spring is a James Exon of Nebraska. Throughout erything seems exciting, everything time to remember that gift. Death and resurrection are entwined not only in Senator LAUTENBERG’s service on the seems reborn. But during this season of the death and resurrection of our Lord, Budget Committee, he has been an ex- rebirth, how many stop to ponder the but also in spring’s final struggle with traordinarily able and outspoken advo- true meaning of this most holiest of winter’s strong grasp. There is a strug- cate of funding for our Nation’s chil- seasons of the Christian calendar? gle in both dying and in birth and it is dren, for the environment, and for Easter, Jesus’ resurrection from the logical to think that something must transportation. dead, was the key belief of the earliest be born in order to die. However, from In addition to serving on the Senate Christians. In fact, that truly miracu- Jesus’ words in John’s Gospel, Chapter Budget Committee, Senator LAUTEN- lous event has made an imprint on 12, verses 23 and 24, as Jesus foresees BERG also serves on the Appropriations other religions and inspired to thought his own death, the Bible tells us some- Committee, where he is ranking mem- and deed individuals who do not prac- thing different—it tells us that some- tice the Christian faith. Mohandas K. ber of the very important Sub- thing must die in order to be born. Gandhi said simply and eloquently: committee on Transportation on which Jesus says: I serve. In that regard, Senator LAU- Jesus, a man who was completely inno- The hour is come, that the Son of man TENBERG is eminently well versed in cent, offered himself as a sacrifice for the good of others, including his enemies, and should be glorified. Verily, verily, I say unto both the budget and appropriations you, Except a corn of wheat fall into the became the ransom of the world. It was a processes. ground and die, it abideth alone, but if it die, perfect act. So I commend Senator LAUTENBERG it bringeth forth much fruit. The Bible says a great deal about for his very able service to the Senate Easter is the time of year that finds Easter, that central mystery of the and to the Nation in his capacity as many churches overflowing. Parking ranking member of the Senate Budget Christian faith. That Jesus was cru- attendants direct traffic caused by the Committee. We will miss not only his cified and miraculously raised from the overflow of cars on this special day. contributions but also his good humor dead is hard for many to accept. It was Pews are packed tight. Extra chairs in future budget debates. hard for the early Christians to com- line the aisles, and much of this crowd Mr. President: prehend also, but the faith in the risen only sees the inside of a church once a Christ spread like a wildfire on a dry It isn’t enough to say in our hearts year, and Easter is the day. It is nice to That we like a man for his ways; and windy summer day! see new faces. Those who attend church It isn’t enough that we fill our minds Easter arrives late this year, on April every Sunday look around at all the With psalms of silent praise; 23, almost as late as it can possibly be. new faces, hoping they will become fa- Nor is it enough that we honor a man It is celebrated on a Sunday on varying miliar, and struggle to find their reg- As our confidence upward mounts; dates between March 22 and April 25, ular seats. The struggle is worth it, It’s going right up to the man himself and is, therefore, called a movable And telling him so that counts. however, because some of these same feast. Easter embodies many pre-Chris- people will come back and join with If a man does a work that you really ad- tian traditions. The origin of its name the community that has worshiped to- mire, is unknown; however, many scholars Don’t leave a kind word unsaid. gether all year. They will become have accepted the derivation proposed members of a church family like those In fear to do so might make him vain by the 8th-century English scholar St. And cause him to lose his head. who have risen in the darkness to But reach out your hand and tell him, Bede—that it probably comes from watch the youth group tell the Easter ‘‘Well done.’’ Eastre, the Anglo-Saxon name of a story at sunrise—there is nothing like And see how his gratitude swells. Teutonic goddess of spring and fer- it, telling it at sunrise—or who are It isn’t the flowers we strew on the grave, tility, whose festival was celebrated on praising God with their voices in the It’s the word to the living that tells. the day of the vernal equinox. The choir, or who cooked the pancake So I say to FRANK LAUTENBERG: Well Easter rabbit, a symbol of fertility, and breakfast for Palm Sunday, or who done. colored Easter eggs, originally painted decorated the Sanctuary with Easter f with bright colors to represent the sun- Lilies. Perhaps they will be like those light of spring, and used in egg-rolling EASTER—A TIME OF REBIRTH who teach the children the meaning of contests, are traditions that have sur- God’s love and grace in Sunday school Mr. BYRD. Mr. President, when vived. According to the New Testa- classes. They will find a church home. many people contemplate Easter, ment, Christ was crucified on the eve They will find God. They will be awak- thoughts of chocolate bunnies, Easter of Passover and soon rose from the ened. They will be reborn! egg hunts, and family gatherings come dead. The Easter festival commemo- During our lives, we all experience to mind. Little girls dream of a new rated Christ’s resurrection. Over time, the loss of a loved one. Have you ever frilly lace-bedecked frock, shiny new there were serious differences between thought about the resurrection story in patent leather shoes, and a festive bon- the early Christians over the date of a way that brought you comfort in net adorned with ribbons and flowers the Easter festival. Those of Jewish or- your time of grief? A little boy re- to top it all off. It is hard not to feel an igin celebrated Easter immediately cently lost his grandfather, and one excitement in the air as the daylight after Passover, which fell on the day, when he was remembering his hours increase, the winter coats are evening of the full moon. Therefore, grandfather, he said to his mother, put away, and the sweet smell of the Easter, from year to year, fell on dif- ‘‘Mom, Easter will be extra special this season’s first roses fill the air. The ferent days of the week. Christians of year. We will have two reasons to cele- landscape is freshly decorated with a Gentile origin, on the other hand, brate! Granddad and Jesus have both

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2788 CONGRESSIONAL RECORD — SENATE April 13, 2000 risen!’’ If a 6-year-old can understand Jennings Bryan and his thoughts con- tive that top Government officials be the beauty of the Easter story on this cerning Proof of Immortality: treated no better than private citizens, level, think of the hope that this cele- If the Father deigns to touch with divine it is equally important that they bration can bring to others who are power the cold and pulseless heart of the should also be treated no worse. grieving. I talked with one of my con- buried acorn and to make it burst forth from The independent counsel law requires stituents on yesterday who lost his its prison walls, will He leave neglected in that the independent counsel operate wife. I said: Come Eastertime, your the earth the soul of man, made in the image as a normal U.S. attorney and that the wife knows your grief. She knows of his Creator? If He stoops to give to the independent counsel comply with the rosebush, whose withered blossoms float policies and practices of the Depart- about your sorrow. And the beauty of upon the autumn breeze, the sweet assurance the story is, you can see her again. ment of Justice. of another springtime, will He refuse the We require this in the law because we Every year at this time I remember my words of hope to the sons of men when the beloved grandson, Michael, who died in frosts of winter come? If matter, mute and do not want our top Government offi- a tragic accident in 1982. I know that inanimate, though changed by the forces of cials to be treated worse than a private he is in a better place, and my faith in nature into a multitude of forms, can never citizen. Yes, we want to make sure our top Government officials do not get the Lord carries me through my sor- be destroyed, will the imperial spirit of man suffer annihilation when it has paid a brief preferential treatment, but equally im- row. I can visualize Michael stepping visit like a royal guest to this tenement of portant, we do not want them to be out of the tomb with Christ, and I clay? No, I am sure that He who, notwith- treated unfairly either. know that he, too, is ‘‘alive.’’ Hear standing His apparent prodigality, created Mr. Ray projects he is going to spend these words of Trappist monk Henri nothing without a purpose, and wasted not a an additional $3.5 million in the next 6 Nouwen: single atom in all His creation, has made months sifting through the evidence to Easter does not make death less painful or provision for a future life in which man’s determine whether or not he should in- universal longing for immortality will find our own grief less heavy. It does not make dict the President for perjury in a civil the loss less real, but Easter makes us see its realization. I am as sure that we live and feel that death is part of a much greater again as I am sure that we live today. case. Do any of us think that a U.S. attor- and much deeper event, the fullness of which Mr. President, let us celebrate these we cannot comprehend, but which we know ney would spend 2 years and tens of words of hope this Easter season. The millions of dollars investigating a pos- is a life-bringing event. tomb is empty and the soul of man will He goes on to say: sible perjury charge in a civil suit to never, never die. begin with? Does anyone think a U.S. The best way I can express to you the Mr. President, I yield the floor and meaning death receives in the light of the attorney would then ask for or receive suggest the absence of a quorum. six new attorneys, additional inves- resurrection of Jesus is to say that the love The PRESIDING OFFICER. The that causes us so much grief and makes us tigators and contractors, and an addi- feel so fully the absurdity of death is strong- clerk will call the roll. tional $3.5 million of taxpayers’ money er than death itself. Love is stronger than The legislative clerk proceeded to on top of the 40 staff people and above death. The same love that makes us mourn call the roll. the $52 million that the office had al- and protest against death will now free us to Mr. LEVIN. Mr. President, I ask ready spent to investigate? live in hope. unanimous consent that the order for The facts in the Lewinsky case have So, Mr. President, let Easter be the the quorum call be rescinded. been sliced and diced and parsed and time to remember that the tomb is The PRESIDING OFFICER (Mr. L. sifted through over and over again. empty, that those who have passed be- CHAFEE). Without objection, it is so or- They have been brutally revealed and fore us have been reborn and will live dered. thoroughly reviewed detail by detail. eternal life. Let us rejoice at this mir- f If Mr. Ray is not to be above the law acle and the miracle of God’s love. As himself, and if he is to abide by the INDEPENDENT COUNSEL ROBERT principle he claims to hold dear, then we hide Easter eggs for our children, RAY our grandchildren, or even our great he should do what a U.S. attorney grandchildren, and help them search Mr. LEVIN. Mr. President, I rise to- would do in a case like this involving a through the green and purple Easter night to speak in support of the re- private citizen—bring it to a close. grass for the last sticky marshmallow marks that were made earlier today by The purpose of the independent coun- chick and a handful of jelly beans, let the distinguished Senator from Ne- sel law is to fairly investigate top Gov- us not forget the gift that God gave us. vada, Mr. REID. Senator REID spoke ernment officials so they are treated As Jesus said in the third chapter of eloquently about the need for Robert no better and no worse than a private the Gospel of John, verse 16: Ray, the independent counsel who as- citizen. It is, instead, being used to pil- sumed duties when Kenneth Starr re- lory. For God so loved the world, that he gave Nineteen months ago, Mr. Ray’s his only begotten Son, that whosoever be- signed, to bring that investigation of lieveth in him should not perish, but have the President to a close. predecessor, Kenneth Starr—surely a everlasting life. The report earlier this week in the dogged independent counsel—rep- These are powerful words, and they Washington Post that Mr. Ray is in- resented to Congress that he was going are often used as words of persuasion, creasing his budget and his staff in to end the investigation ‘‘soon.’’ That to bring others to Christ. God gave His contemplation of a possible indictment was Mr. Starr’s word, ‘‘soon.’’ Mr. Starr represented the following only begotten Son . . . for us! What a of the President after the President to the House of Representatives on powerful love that is! leaves office is chilling. Senator REID September 11, 1998: While the Senate is in recess and the is right to remind Mr. Ray that this is schools are closed for ‘‘spring break,’’ I the United States and not a country All phases of the investigation are now nearing completion. This Office will soon hope that those who are listening will such as the old Soviet Union where the make final decisions about what steps to take this time to recall this miracle of abuse of the administration of law was take, if any, with respect to the other infor- Easter. I continue to believe that the used as a political weapon. mation it has gathered. warp and woof of this great Nation are Mr. Ray apparently justifies the con- Those were Mr. Starr’s words 19 the deeply rooted religious beliefs of tinuation of his office and his consider- months ago when he made the rep- its people. Our religious beliefs, though ation of an indictment of the President resentation to the Congress of the diverse, our common faith in the Cre- because of his commitment to the prin- United States and the people of the ator, remind all of us to look for the ciple that no one is above the law. United States that his office would greater good, the higher, better part of Certainly in this country that prin- soon make final decisions about what ourselves and of others. The lessons ciple is fundamental. That was the the- steps to take, if any. differ, but the message is the same. Let ory behind establishing the inde- Mr. Ray’s statement, as reported in us love one another. The resurrection pendent counsel law in the first place. the Washington Post, that this is still of Jesus is the basis for the Christian But that principle has two other equal- an open investigation and that he belief that not only Jesus, but all ly important applications. One is that wants six new attorneys and $3.5 mil- Christians, will triumph over death. In it means Mr. Ray himself is not above lion more belies Mr. Starr’s formal rep- closing, I recall the words of William the law; and, two, while it is impera- resentation to the Congress and to the

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2789 people. In commenting on Mr. Ray’s [From the Washington Post, Apr. 13, 2000] one, do not excuse him for any of it. A presi- latest statements, Pulitzer Prize win- INDEPENDENT COUNSEL OVERKILL dent, of all people, should not lie under oath. ning columnist Maureen Dowd noted (By Richard Cohen) Still, it has all been played out, talked to death in the House and Senate, yakked to that even Javert, the driven policeman Something happens to an ordinary man smithereens on television and bound for pos- in the book ‘‘Les Miserables,’’ who was when he becomes an independent counsel. His chest must swell, his biceps must bulge terity by Ken Starr. singularly focused on capturing Jean Ray can indict Clinton anywhere he has a Valjean ‘‘jumped into the Seine at and he probably cannot pass a phone booth without feeling the urge to change his grand jury. But Washington’s the town some point.’’ clothes. Such a man is Robert W. Ray, the where the president works, where he lives I am not urging Mr. Ray to jump into successor to Ken Starr, who earlier this and where he was deposed. If there was a the Potomac. I am saying—and I am week told The Post he just might indict Bill crime, Washington’s the crime scene. A trial Clinton after the president leaves office. there would mean a jury pool drawn from a confident that this is the opinion of the majority black city where, in most neighbor- majority of the people in our country— Stay in that phone booth, Bob. Ray’s warning is backed by a reconstitu- hoods, no one has seen a Republican since that Mr. Ray needs to bring this inves- tion of the office. Six new lawyers have been the Garfield administration. But no matter tigation to a close and to do it now. hired. A new investigator has been brought where he was tried, it likely would be by peo- The Lewinsky matter is over. The on board. An FBI agent has been detailed to ple who feel that a person who lies about sex, Paula Jones case is over. They were the staff, and Ray plans to spend even more while technically wrong, is guilty only of committing common sense. A conviction is traumatic times for the country. The money in the next six months than he has in the last—for a total of $6.6 million. From out of the question. public has suffered. The President has what he says and the way he has been acting, Give it up Bob. Your best way of serving been punished. It is time to move on. it seems Ray might put the cuffs on Clinton the country is to close down your office, lock To extend this investigation with new just as the new president says, ‘‘So help me the door and put Clinton behind you. attorneys and more money and more God.’’ Much of the country already has. Why? ‘‘There is a principle to be vindi- time is to punish the country. The f country doesn’t deserve it. cated,’’ he told The Post’s David Vise, ‘‘and that principle is that no person is above the ONE YEAR OF COLUMBINE Mr. President, I ask unanimous con- law, even the president of the United sent that today’s editorial from the States.’’ This, of course, is the sort of thing Mr. LEVIN. Mr. President, one week New York Times entitled ‘‘Reining in you find chiseled over courthouse doors, con- from today, we will memorialize the Robert Ray’’ and today’s op-ed piece tradicted only by what transpires in the worst school shooting tragedy in our from the Washington Post by Richard courthouse itself. Some people are above the nation’s history. The very mention of Cohen entitled ‘‘Independent Counsel law. The envelope, please. Columbine High School strikes a nerve The first is Richard Nixon. Guilty of ob- with the American public. It reminds Overkill’’ be printed in the RECORD. struction of justice, of using our very gov- There being no objection, the mate- ernment to cover up his crimes and lying so us of a horrendous scene of children, rial was ordered to be printed in the often about so much that I don’t think he screaming and running from their as- RECORD, as follows: spoke the truth for his entire last year in of- sailants, while SWAT-teams descended fice, he nonetheless was given a deal: resign on to their otherwise calm neighbor- [From the New York Times, Apr. 13, 2000] the presidency and you will not be indicted. hood. On April 20, this year the nation REINING IN ROBERT RAY Just to make the deal sweeter, Gerald Ford, will remember, but for the students of his successor, pardoned him. Columbine, those few hours of April 20, There are worrying signs that Robert Ray, Next comes Spiro T. Agnew, Nixon’s first the career prosecutor who succeeded Ken- vice president. A more mendacious fellow 1999 are replayed over and over again neth Starr as independent counsel inves- never occupied that office. He extorted. He every day in their minds. tigating President Clinton, shares his clum- accepted bribes. He lied. Yet he too was al- The survivors of Columbine revisit sy predecessor’s problem in winding up an in- lowed to resign his office, pay a wee fine— the massacre daily. They are reminded vestigation. Mr. Ray at this point should and go his merry way. An ordinary man of that day by the fragments of ammu- have a concise two-point agenda—to deliver would have gone to jail. Agnew too was a report summing up the findings of his of- nition in their bodies, or the scars cut above the law. deep in to their skin. When they see fice, and then go home. Instead he is beefing These are not happy facts, but they are up his staff. Moreover, he makes it no secret true nevertheless. They reflect a coming to trenchcoats, they shudder, when they that he is actively considering indicting Mr. terms with reality that, in the end, per- hear or smell fireworks, they get flash- Clinton after he leaves office in connection suaded prosecutors to abandon their plans to backs. At such young ages, they have with the same issues that were argued at the seek indictments. The stakes were greater endured unimaginable physical and impeachment trial last year. than the fate of a single man and, besides, emotional pain. They have been poked In other words, Mr. Ray intends to drag some felt Nixon and Agnew had been pun- and prodded by nurses, physicians, sur- out his mandate nine more months. ‘‘It is an ished enough. They were ruined men. geons, physical, occupational and rec- The reality is that Clinton, too, has al- open investigation,’’ he told The Washington reational therapists, and clinical psy- Post this week. ‘‘There is a principle to be ready paid a penalty. He is only the second vindicated, and that principle is that no per- president to be impeached and he has under- chologists. Some of them have found son is above the law, even the president of gone the most mortifying and virtually mo- peace, others are still angry and fright- the United States.’’ lecular examination of his private life. To ened. A few can not tell their stories Mr. Ray is right about that principle, and most Americans, the matter must seem but many can tell them over and over we have consistently favored vigorous in- closed. It sure seemed that way to Richard again. quires into the president’s personal and cam- Posner, the federal judge whose wisdom was For Columbine-survivor Valeen paign finances and his truthfulness under recently enlisted in a vain attempt to settle Schnurr, ‘‘The nights are always the oath. the government’s case against Microsoft. Posner is the author of a book about the worst.’’ Valeen is in college now, but But respect for the rule of law does not re- Clinton investigation, ‘‘An Affair of State,’’ Columbine is still very much with her. quire a suspension of reasonable prosecu- for which he was criticized by Ronald She writes, ‘‘Inevitably, I find my torial discretion. Dworkin, a New York University law pro- thoughts drifting into nightmares, ter- It would be a disservice to the Constitution fessor who is as eminent on the left as rifying images of the library at Col- to set a new precedent of indicting former Posner is on the right. Dworkin wrote re- umbine High School on April 20, 1999. presidents over offenses adjudicated in the cently in the New York Review of Books The sound of students screaming as ex- context of impeachment that received an that as a sitting judge, Posner should never adequate and punishing airing in the Senate have written about an ‘‘impending’’ case. plosives and gunshots echo through the trial. Responding to the new stirrings in the Nonsense, replied Posner in the current school; the burning pain of the bullets independent counsel’s office, Vice President issue. ‘‘A prosecution of President Clinton, penetrating my body; the sound of my Gore said yesterday that Mr. Clinton had no while conceivable as a theoretical possi- own voice professing my faith in God; intention of pardoning himself should he be bility, is not imminent and in fact will al- seeing my hands fill with my own indicted while president, or accepting a par- most certainly never happen.’’ He even re- blood; and my friend Lauren Townsend don from his successor. That is laudable, if stated it by saying, ‘‘Almost no issue of pol- lying lifeless beside me as I try to wake true. Yet the possibility of criminal charges icy has a smaller probability of someday be- her.’’ against the president should not be on the coming a legal case.’’ Clearly, Robert Ray table at this late date. The nation has moved has not read Posner. ‘‘In the mornings when I look in the on, and once he has completed his overdue But he should. We all know Clinton lied. mirror, the scars I see on my arms and reports, so should Mr. Ray. We all believe he perjured himself, and I, for upper body always remind me that it’s

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2790 CONGRESSIONAL RECORD — SENATE April 13, 2000 not just a nightmare, but the memory motivated and involved in making That is silly. Well, I suggest that is not of a real event that will stay with me changes.’’ I only hope Valeen is right. accurate. People are prosecuted for for the rest of my life. The scars are a Her story should motivate Congress to perjury in civil cases. I served as a U.S. part of me now, but they help me to re- strengthen our laws and save the lives attorney for 12 years in Mobile, AL. I member that I’ve been blessed with a of America’s children. remember very distinctly a young po- second chance at life.’’ Mr. President, I suggest the absence lice officer who accused the chief of po- Another survivor, Kelsey Bane, talks of a quorum. lice of corruption. He was his driver. about how she felt on her first day The PRESIDING OFFICER. The He made allegations in a deposition, back at Columbine. ‘‘On August 16, clerk will call the roll. and lawsuits were filed against the 1999, a new school year began. Only this The assistant legislative clerk pro- chief of police in Mobile, AL, who was year, I wasn’t full of excitement. In- ceeded to call the roll. an African American. They were com- stead, I was full of emotions I can’t de- Mr. SESSIONS. Mr. President, I ask ing after him. He repeated that under scribe, because I was headed back to unanimous consent that the order for oath, and it turned out to be totally my school—Columbine High—for the the quorum call be rescinded. bogus. He eventually admitted it was first time since April 20. I was scared The PRESIDING OFFICER. Without bogus. He came to me as a U.S. attor- out of my mind, but I knew that what- objection, it is so ordered. ney, a Federal prosecutor—it was a ever I did that day would determine f Federal lawsuit—and I believed it ought to be prosecuted. We charged the way I would live the rest of my life. DEFENDING THE INDEPENDENT that young man for that stupid, per- So I went to school; I faced my fears COUNSEL and my nightmares from the past four jurious, felonious act. He pleaded months and got ready to begin a new Mr. SESSIONS. Mr. President, I was guilty to it, as well he should have. school year.’’ disappointed to hear one of our fine I don’t know why the President is Over the last year, ‘‘[it] has gotten Senators, an able attorney, take the above that. If he did a crime, he ought harder, as I expected it would. Some- floor just a few minutes ago to com- to answer for it. I remember when this times I can’t remember what used to mence a new round of attacks, it ap- matter was at one of its intense points, occupy my thoughts, because now my pears, on the new independent counsel, I shared a private conversation with a mind is overwhelmed by these horrific Mr. Ray. distinguished Senator on the other side experiences. Our lives will never be the We went through a period of time in of the aisle. I shared with him that same—and I don’t think I will ever which a person in this country was try- maybe the President ought to just fully accept that.’’ ing to enforce the law, trying to com- admit he did something wrong, say he Nicole Nowlen, who was a relatively plete his duty as a sworn officer of the did it to the world, say he didn’t tell new student when the tragedy oc- court, an individual asked to serve by the truth, ask the Congress to not im- curred, wrote ‘‘nine pieces of buckshot the Attorney General of the United peach him, ask the American people for hit me; four exited and five are still in- States, Mr. Starr, who conducted him- forgiveness, and say when he serves his side. When school started at Chatfield self with restraint, propriety and fidel- term and walks out of there, he is will- High [in May], I wasn’t physically ity to duty—a thankless task. He then ing to plead guilty to any crime he ready, so I finished my sophomore year gave up that office. Now it appears committed and ask for the mercy of with a tutor and went back to Col- that Mr. Ray will be subjected to the the court. Now that would have ended umbine in August.’’ same type of remarks. It is really dis- the whole thing. That would have ‘‘It’s been like this roller-coaster ride turbing and frustrating for me to hear taken a manly act on his part, which I ever since. October and November got that. I hope we don’t hear that begin- didn’t really see occur during that too crazy. First they arrested a kid ning. He simply made the obvious time. [from Columbine] for making threats statement to the paper that the Presi- So I don’t know how it ought to be to finish the job. Then there was the dent can be indicted after he leaves of- handled. But I don’t believe a duly ap- six-month anniversary, and Mrs. fice. He said that the investigation is pointed special prosecutor needs to be Hochhalter [the mother of Anne Marie not complete. He is charged with com- subjected to abuse on the floor of the Hochhalter who was badly injured] pleting the investigation. He has an ob- Senate for doing what he is instructed killed herself. In all my classes, the ligation to complete it, and he should to do and charged with doing by the kids never stopped talking about the complete it. I don’t think anyone courts of America. And to say it is like shooting. It was depressing, so I de- would suggest that he ought to stop be- Russia, I don’t appreciate that one bit. cided to be home schooled. fore the evidence is gathered, that he What is like Russia is when leaders lie, ‘‘I started seeing a counselor in ought not to fulfill his duty and re- cheat, steal, and maintain their office. November...Things are better now, sponsibility that has been given to That is what happens in a country such so I’m not going anymore. I may go him. So I am really concerned about as Russia, not in a free democracy again, but for now I’m at a good that. where all Americans are equal and point.’’ During the impeachment trial—and I have a right to know that every other ‘‘What helped me the most was Gerda hate to even recall that, but I didn’t public official is equal and subject to Weissman Klein. She’s a 75-year-old start this discussion tonight—I remem- the law just as they are. Holocaust survivor who came to speak ber that those on the other side of the I am not suggesting I know what the at our school in January. She’s really aisle said even if a crime were com- facts are or that Mr. Ray does or does the only one who understands what mitted, that would be something a not have a good case. I have been a happened to all of us.’’ prosecutor would deal with but it did prosecutor, and I know what you have For the students of Columbine, every not require us to impeach. Obviously, to do. A prosecutor has to gather the day is a struggle, every day takes an- that is true. People could have believed facts. Then if he has a case, he has to other act of courage. There is nothing that crime was committed and that an put it out before the whole world. If it we can do in Congress to change that, impeachment vote was not required. is not there, he will be remembered for but there is something we can do to But that does not suggest a prosecu- a bogus and unfair prosecution, if he protect other students from the night- tion should not go forward. We have a ever got an indictment from a grand mares, the anger, and the pain, as told principle in this country that is chis- jury, which I doubt he would if he by these students. Congress owes it to eled into the walls of the Supreme didn’t have a good case. I am not afraid Columbine to try to end school shoot- Court building: Equal Justice Under of the system. The President is subject ings and reduce access to guns among Law. to the system as is anyone else. young people. As of this one-year anni- The Supreme Court made clear dur- I wish we could bring this investiga- versary, Congress has failed to do so. ing the Nixon case, and at other times, tion to a close, but I happen to be on Columbine victim Valeen Schnurr that no American is above the law. the committee involved in an inves- wrote, ‘‘People on the outside don’t re- They say, well, you would never pros- tigation of various matters involving alize how horrible it can actually be. ecute another citizen in America for campaign finance and spying and that We’re the ones who can get everyone committing perjury in a civil case. sort of thing. Senator SPECTER from

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2791 Pennsylvania chairs it, and Senator acting clause and inserting in lieu (1) alleviate the problems caused by rapid eco- TORRICELLI is a member. We have an there of the following: nomic development along the United States- incredibly difficult time getting infor- SECTION 1. SHORT TITLE. Mexico border; This Act may be cited as the ‘‘National Mate- (2) support the Materials Corridor Partnership mation and documents from this Gov- Initiative referred to in section 2(7); and ernment. No wonder it takes Mr. Starr rials Corridor and United States-Mexico Border Technology Partnership Act of 2000’’. (3) promote energy efficient, environmentally and Mr. Ray so long and they are frus- sound economic development along that border SEC. 2. FINDINGS. trated at every turn in obtaining evi- through the development and use of new tech- Congress finds that— dence they need to make a legitimate (1) the 2,000 mile long United States-Mexico nologies, particularly hazardous waste and ma- decision and present a legitimate case border region, extending 100 kilometers north terials technologies. to a grand jury. and south of the international boundary, has SEC. 4. DEFINITIONS. I wish this were over. I wish we never undergone rapid economic growth that has pro- In this Act: had to talk about it. I don’t intend to vided economic opportunity to millions of peo- (1) PROGRAM.—The term ‘‘program’’ means ple; the program established under section 5(a). raise the subject myself. But as a Fed- (2) SECRETARY.—The term ‘‘Secretary’’ means eral attorney, I have been in court try- (2) the border region’s rapid economic growth has unfortunately created serious problems in- the Secretary of Energy. ing to do my duty. I have made up my cluding pollution, hazardous wastes, and the SEC. 5. ESTABLISHMENT AND IMPLEMENTATION mind that I am not going to allow inefficient use of resources that threaten peo- OF THE PROGRAM. somebody who is doing his duty to ple’s health and the prospects for long-term eco- (a) ESTABLISHMENT.— gather the evidence and make a deci- nomic growth in the region; (1) IN GENERAL.—The Secretary shall establish sion on whether a case ought to go for- (3) there are a significant number of major in- a multiagency program to— stitutions in the border States of both countries (A) alleviate the problems caused by rapid ward to be abused and compared to economic development along the United States- somebody in Russia. I am not going to currently conducting research, development and testing activities in technologies that might help Mexico border, particularly those associated allow that. We need to speak out alleviate these problems; with public health and environmental security; against that, and I intend to do so at (4)(A) these new technologies may provide (B) support the Materials Corridor Partner- every opportunity. major opportunities for significantly— ship Initiative; and (C) promote energy efficient, environmentally f (i) minimizing industrial wastes and pollution that may pose a threat to public health; sound economic development along that border THE CALENDAR (ii) reducing emissions of atmospheric pollut- through the development and use of new tech- Mr. SESSIONS. Mr. President, on be- ants; nologies, particularly hazardous waste and ma- (iii) using recycled natural resources as pri- terials technologies. half of the majority leader, I ask unan- mary materials for industrial production; and (2) CONSIDERATIONS.—In developing the pro- imous consent that the Senate now (iv) improving energy efficiency; and gram, the Secretary shall give due consideration proceed to the consideration, en bloc, (B) such advances will directly benefit both to the proposal made to the United States-Mex- of the following Energy Committee sides of the United States-Mexico border by en- ico Binational Commission for the Materials matters: couraging energy efficient, environmentally Corridor Partnership Initiative. S. 397, Calendar No. 448; S. 503, Cal- sound economic development that improves the (3) PROGRAM MANAGEMENT.—This program endar No. 449; S. 1694, Calendar No. 450; health and protects the natural resources of the shall be managed for the Secretary by the De- border region; partment’s Carlsbad Area Office, with support, S. 1167, Calendar No. 451; H.R. 150, Cal- (5) in August 1998, the binational United as necessary, from the Albuquerque Operations endar No. 452; H.R. 834, Calendar No. States-Mexico Border Region Hazardous Wastes Office. 453; H.R. 1231, Calendar No. 454; H.R. Forum, organized by the Department of Ener- (b) PARTICIPATION OF OTHER FEDERAL AGEN- 1444, Calendar No. 455; H.R. 2368, Cal- gy’s Carlsbad Area Office, resulted in a con- CIES AND COMMISSIONS.—The Secretary shall or- endar No. 456; H.R. 2862, Calendar No. sensus of experts from the United States and ganize and conduct the program jointly with— 457; H.R. 2863, Calendar No. 458; S. 408, Mexico that the Department of Energy’s science (1) the Department of State; Calendar No. 462; S. 1218, Calendar No. and technology could be leveraged to address (2) the Environmental Protection Agency; key environmental issues in the border region (3) the National Science Foundation; 463; S. 1629, Calendar No. 467; H.R. 3090, while fostering further economic development of (4) the National Institute of Standards and Calendar No. 488; S. 1797, Calendar No. the border region; Technology; 494; S. 1892, Calendar No. 497. (6) the Carlsbad Area Office, which manages (5) the United States-Mexico Border Health The PRESIDING OFFICER. Without the Waste Isolation Pilot Plant in Carlsbad, Commission; and objection, it is so ordered. New Mexico, is well suited to lead a multiagency (6) any other departments, agencies, or com- Mr. SESSIONS. Mr. President, I ask program focused on the problems of the border missions the participation of which the Sec- unanimous consent that any com- region given its significant expertise in haz- retary considers appropriate. ardous materials and location near the border; (c) PARTICIPATION OF THE PRIVATE SECTOR.— mittee amendments, where applicable, (7)(A) promoting clean materials industries in When appropriate, funds made available under be agreed to, the bills then be consid- the border region that are energy efficient has this act shall be made available for technology ered read the third time and passed, as been identified as a high priority issue by the deployment, research, and training activities amended, if amended, any title amend- United States-Mexico Foundation for Science that are conducted with the participation and ments be agreed to, the motions to re- Cooperation; and support of private sector organizations located consider be laid upon the table, and (B) at the 1998 discussions of the United in the United States and, subject to section that any statements relating to any of States-Mexico Binational Commission, Mexico 7(c)(2), Mexico, to promote and accelerate in the these bills appear at this point in the formally proposed joint funding of a ‘‘Materials United States-Mexico border region the use of Corridor Partnership Initiative’’, proposing energy efficient, environmentally sound tech- RECORD, with the above occurring en $1,000,000 to implement the Initiative if matched nologies and other advances resulting from the bloc. by the United States; program. The PRESIDING OFFICER. Without (8) recognizing the importance of materials (d) MEXICAN RESOURCE CONTRIBUTIONS.—The objection, it is so ordered. processing, research institutions in the border Secretary shall— f States of both the United States and Mexico, in (1) encourage public, private, nonprofit, and conjunction with private sector partners of both academic organizations located in Mexico to NATIONAL MATERIALS CORRIDOR nations, and with strong endorsement from the contribute significant financial and other re- PARTNERSHIP ACT OF 1999 Government of Mexico, in 1998 organized the sources to the program; and The Senate proceeded to consider the Materials Corridor Council to implement a coop- (2) take any such contributions into account erative program of materials research and devel- in conducting the program. bill (S. 397) to authorize the Secretary opment, education and training, and sustain- (e) TRANSFER OF TECHNOLOGY FROM NA- of Energy to establish a multiagency able industrial development as part of the Mate- TIONAL LABORATORIES.—In conducting the pro- program in support of the Materials rials Corridor Partnership Initiative; and gram, the Secretary shall emphasize the transfer Corridor Partnership Initiative to pro- (9) successful implementation of this Act and use of technology developed by the national mote energy efficient, environmentally would advance important United States energy, laboratories of the Department of Energy. sound economic development along the environmental, and economic goals not only in SEC. 6. ACTIVITIES AND MAJOR PROGRAM ELE- border with Mexico through the re- the United States-Mexico border region but also MENTS. serve as a model for similar collaborative, search, development, and use of new (a) ACTIVITIES.—Funds made available under transnational initiatives in other regions of the this Act shall be made available for technology materials technology, which had been world. deployment, research, and training activities, reported from the Committee on En- SEC. 3. PURPOSE. particularly related to hazardous waste and ma- ergy and Natural Resources, with an The purpose of this Act is to establish a multi- terials technologies, that will alleviate the prob- amendment to strike all after the en- agency program to— lems caused by rapid economic development

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 6333 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2792 CONGRESSIONAL RECORD — SENATE April 13, 2000

along the United States-Mexico border, that (b) CONSULTATION AND COORDINATION.—De- velopment along the United States-Mexico focus on issues related to the protection of pub- partments, agencies, and commissions of the border, particularly those associated with lic health and environmental security, and that United States to which funds are made available public health and environmental security, to promote— under this Act shall consult and coordinate with support the Materials Corridor Partnership (1) minimization of industrial wastes and pol- the advisory committee in identifying and imple- Initiative, and to promote energy efficient, lutants; menting the appropriate types of projects to be environmentally sound economic develop- (2) reducing emissions of atmospheric pollut- funded under this Act. ment along that border through the develop- ants; SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE. ment and use of new technology, particu- (3) use of recycled resources as primary mate- (a) IN GENERAL.—Federal departments, agen- larly hazardous waste and materials tech- rials for industrial production; and cies, and commissions participating in the pro- nology. (4) improvement of energy efficiency. gram may provide financial and technical as- f (b) MAJOR PROGRAM ELEMENTS.— sistance to other organizations to achieve the (1) IN GENERAL.—The program shall have the purpose of the program. SPANISH PEAKS WILDERNESS ACT following major elements, all of which shall em- (b) TECHNOLOGY DEPLOYMENT AND RE- OF 1999 phasize hazardous waste and materials tech- SEARCH.— nologies: The Senate proceeded to consider the (1) USE OF COOPERATIVE AGREEMENTS.— (A) Technology Deployment, focused on the (A) IN GENERAL.—Federal departments, agen- bill (S. 503) designating certain land in clear, operational demonstration of the utility of cies, and commissions shall, to the extent prac- the San Isabel National Forest in the well developed technologies in new organiza- ticable, use cooperative agreements to fund tech- State of Colorado as the ‘‘Spanish tions or settings. nology deployment and research activities by or- Peaks Wilderness’’, which had been re- (B) Research, focused on developing, matur- ganizations outside the Federal Government. ing, and refining technologies to investigate or ported from the Committee on Energy (B) NATIONAL LABORATORIES.—In the case of improve the feasibility or utility of the tech- and Natural Resources, with an amend- a technology deployment or research activity ment, as follows: nologies. conducted by a national laboratory, a funding (C) Training, focused on training businesses, method other than a cooperative agreement may (The part of the bill intended to be industries, and their workers in the border re- be used if such a funding method would be more stricken are shown in boldface brack- gion in energy efficient, environmentally sound administratively convenient. ets and the part of the bill intended to technologies that minimize waste, decrease pub- (2) FEDERAL SHARE.— be inserted are shown in italic.) lic health risks, increase recycling, and improve (A) IN GENERAL.—The Federal Government S. 503 environmental security. shall pay not more than 50 percent of the cost (2) TECHNOLOGY DEPLOYMENT AND RE- Be it enacted by the Senate and House of Rep- of technology deployment or research activities SEARCH.—Projects under paragraph (1)(A) and resentatives of the United States of America in under the program. (1)(B) should typically involve significant par- Congress assembled, (B) QUALIFIED FUNDING AND RESOURCES.—No ticipation from private sector organizations that funds or other resources expended either before SECTION 1. SHORT TITLE. would use or sell such a technology. the start of a project under the program or out- This Act may be cited as the ‘‘Spanish SEC. 7. PARTICIPATION OF DEPARTMENTS, AGEN- side the scope of work covered by the funding Peaks Wilderness Act of 1999’’. CIES, AND COMMISSIONS OTHER method determined under paragraph (1) shall be SEC. 2. DESIGNATION OF SPANISH PEAKS WIL- THAN THE DEPARTMENT OF EN- DERNESS. ERGY. credited toward the non-Federal share of the (a) COLORADO WILDERNESS ACT.—Section (a) AGREEMENT.—Not later than 120 days cost of the project. after the date of enactment of this Act, the Sec- (c) TRAINING.— 2(a) of the Colorado Wilderness Act of 1993 retary shall enter into an agreement with the (1) IN GENERAL.—Federal departments, agen- (Public Law 103–77; 107 Stat. 756; 16 U.S.C. departments, agencies, and commissions referred cies, and commissions shall, to the extent prac- 1132 note) is amended by adding at the end to in section 5(b) on the coordination and imple- ticable, use grants to fund training activities by the following: mentation of the program. organizations outside the Federal Government. ‘‘(20) SPANISH PEAKS WILDERNESS.—Certain land in the San Isabel National Forest that— (b) ACTIONS OF DEPARTMENTS, AGENCIES, AND (2) NATIONAL LABORATORIES.—In the case of a ‘‘(A) comprises approximately 18,000 acres, COMMISSIONS.—Any action of a department, training activity conducted by a national lab- agency, or commission under an agreement oratory, a funding method other than a grant as generally depicted on a map entitled ‘Pro- under subsection (a) shall be the responsibility may be used if such a funding method would be posed Spanish Peaks Wilderness’, dated Feb- of that department, agency, or commission and more administratively convenient. ruary 10, 1999; and shall not be subject to approval by the Sec- (3) FEDERAL SHARE.—The Federal Government ‘‘(B) shall be known as the ‘Spanish Peaks retary. may fund 100 percent of the cost of the training Wilderness’.’’. (c) USE OF FUNDS.— activities of the program. (b) MAP; BOUNDARY DESCRIPTION.— (1) IN GENERAL.—The Secretary and the de- (d) SELECTION.—All projects funded under (1) FILING.—As soon as practicable after partments, agencies, and commissions referred contracts, grants, or cooperative agreements es- the date of enactment of this Act, the Sec- to in section 5(b) may use funds made available tablished under this program shall, to the max- retary of Agriculture (referred to in this Act for the program for technology deployment, re- imum extent practicable, be selected in an open, as the ‘‘Secretary’’), shall file a map and search, or training activities carried out by— competitive process using such selection criteria boundary description of the area designated (A) State and local governments and aca- as the Secretary, through his program manage- under subsection (a) with— demic, nonprofit, and private organizations lo- ment, and in consultation with the departments, (A) the Committee on Resources of the cated in the United States; and agencies, and commissions referred to in section House of Representatives; and (B) State and local governments and aca- 5(b), determines to be appropriate. Any such se- (B) the Committee on Energy and Natural demic, nonprofit, and private organizations lo- lection process shall weigh the benefits to the Resources of the Senate. cated in Mexico. border region. (2) FORCE AND EFFECT.—The map and (2) CONDITION.—Funds may be made available (e) ACCOUNTING STANDARDS.— boundary description under paragraph (1) to a State or local government or organization (1) WAIVER.—To facilitate participation in the shall have the same force and effect as if in- located in Mexico only if a government or orga- program, Federal departments, agencies, and cluded in the Colorado Wilderness act of 1993 nization located in Mexico (which need not be commissions may waive any requirements for (Public Law 103–77; 107 Stat. 756), except that the recipient of the funds) contributes a signifi- Government accounting standards by organiza- the Secretary may correct clerical and typo- cant amount of financial or other resources to tions that have not established such standards. graphical errors in the map and boundary de- the project to be funded. (2) GAAP.—Generally accepted accounting scription. (d) TRANSFER OF FUNDS.—The Secretary may principles shall be sufficient for projects under (3) AVAILABILITY.—The map and boundary transfer funds to the departments, agencies, and the program. description under paragraph (1) shall be on commissions referred to in section 5(b) to carry (f) NO CONSTRUCTION.—No program funds file and available for public inspection in the out the responsibilities of the departments, may be used for construction. Office of the Chief of the Forest Service. agencies, and commissions under this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. øSEC. 3. ACCESS. SEC. 8. PROGRAM ADVISORY COMMITTEE. There is authorized to be appropriated to øWithin the Spanish Peaks Wilderness des- (a) ESTABLISHMENT.— carry out this Act $10,000,000 for each of fiscal ignated under section 2— (1) IN GENERAL.—The Secretary shall establish years 2000 through 2004. ø(1) the Secretary shall allow the continu- an advisory committee consisting of representa- The committee amendment in the ation of historic uses of the Bulls Eye Mine tives of the private, academic, and public sec- nature of a substitute was agreed to. Road established prior to the date of enact- tors. The bill (S. 397), as amended, was ment of this Act, subject to such terms and (2) CONSIDERATIONS.—In establishing the ad- conditions as the Secretary may provide; and visory committee, the Secretary shall take into passed. ø(2) access to any privately owned land consideration organizations in existence on the The title was amended so as to read: within the wilderness areas designated under date of enactment of this Act, such as the Mate- To authorize the Secretary of Energy to section 2 shall be provided in accordance rials Corridor Council and the Business Council establish a multiagency program to alleviate with section 5 of the Wilderness Act (16 for Sustainable Development-Gulf Mexico. the problems caused by rapid economic de- U.S.C. 1134 et seq.).¿

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2793

SEC. 3. ACCESS. (3) an evaluation of options for future use ‘‘(I) IN GENERAL.—With regard to Columbia (a) IN GENERAL.—The Secretary shall allow of the irrigation and water delivery systems Basin fish and wildlife projects, programs or the continuation of historic uses of the Bulls (including alternatives that would improve measures proposed in a Federal agency budg- Eye Mine Road established before the date of the use and conservation of water resources); et to be reimbursed by BPA, or paid through enactment of this Act, subject to such terms and and a direct funding agreement with BPA, the conditions as the Secretary may provide. (4) the identification and investigation of panel shall annually— (b) PRIVATELY OWNED LAND.—Access to any other opportunities for reclamation and ‘‘(aa) review such proposals; privately owned land within the wilderness reuse of water and wastewater for agricul- ‘‘(bb) determine whether the proposals are areas designated under section 2 shall be pro- tural and nonagricultural purposes. consistent with the criteria stated in item vided in accordance with section 5 of the Wil- (b) REPORTS.— (iv); derness Act (16 U.S.C. 1134 et seq.). (1) IN GENERAL.—Not later than ø1 year ‘‘(cc) make any recommendations that the SEC. 4. CONFORMING AMENDMENTS. after the date of enactment of this Act,¿ 2 Panel considers appropriate to make the Section 10 of the Colorado Wilderness Act years after appropriation of funds authorized project, program, or measure meet the cri- of 1993 (Public Law 103–77; 107 Stat. 756; 16 by this Act, the Secretary shall submit a re- teria stated in item (iv); and U.S.C. 1132 note) is repealed. port that describes the findings and rec- ‘‘(dd) transmit the recommendations to the The committee amendment was ommendations of the study described in sub- Council no later than April 1 of each year. agreed to. The bill (S. 503), as amended, section (a) to— ‘‘(II) PUBLIC AVAILABILITY AND COMMENT.— was passed. (A) the Committee on Energy and Natural Determinations and recommendations made Resources of the Senate; and by the panel under subclause (I) shall be f (B) the Committee on Resources of the available to the public and shall be subject HAWAII WATER RESOURCES House of Representatives. to public comment as in item (v). RECLAMATION ACT OF 1999 (2) ADDITIONAL REPORTS.—The Secretary ‘‘(III) ROLE OF THE COUNCIL.—The Council shall submit to the Committees described in shall fully consider the recommendations of The Senate proceeded to consider the paragraph (1) any additional reports con- the Panel when making its final rec- bill (S. 1694) direct the Secretary of the cerning the study described in subsection (a) ommendations of projects proposed by Fed- Interior to conduct a study on the rec- that the Secretary considers to be necessary. eral agencies and reimbursed by BPA, or lamation and reuse of water and waste- (c) AUTHORIZATION OF APPROPRIATIONS.— paid through a direct funding agreement water in the State of Hawaii, which There are authorized to be appropriated such with BPA. The Council shall submit its rec- had been reported from the Committee sums as are necessary to carry out this sec- ommendations to the House and Senate on Energy and Natural Resources, with tion. Committees on Appropriations and relevant an amendment, as follows: SEC. 5. WATER RECLAMATION AND REUSE. authorizing committees, and the U.S. Army (The part of the bill intended to be Section 1602(b) of the Reclamation Waste- Corps of Engineers, U.S. Fish and Wildlife Serv- ice, Bureau of Reclamation, and the Bonneville stricken are shown in boldface brack- water and Groundwater Study and Facilities Act (43 U.S.C. 390h(b)) is amended by insert- Power Administration no later than May 15 of ets and the part of the bill intended to ing before the period at the end the fol- each year. If the Council does not incor- be inserted are shown in italic.) lowing: ‘‘, and the State of Hawaii’’. porate a recommendation of the Panel in its S. 1694 SEC. 6. DROUGHT RELIEF. recommendations, the Council shall explain Be it enacted by the Senate and House of Rep- Section 104 of the Reclamation States in writing its reasons for not accepting resentatives of the United States of America in Emergency Drought Relief Act of 1991 (43 Panel recommendations. Congress assembled, U.S.C. 2214) is amended— ‘‘(viii) COST LIMITATION.—The annual cost SECTION 1. SHORT TITLE. (1) in subsection (a), by inserting after of this provision shall not exceed $750,000 in This Act may be cited as the ‘‘Hawaii ‘‘Reclamation State’’ the following: ‘‘and in 1997 dollars.’’. Water Resources Reclamation Act of 1999’’. the State of Hawaii’’; and The committee amendment was SEC. 2. FINDINGS. (2) in subsection (c), by striking ‘‘ten years agreed to. Congress finds that— after the date of enactment of this Act’’ and The bill (S. 1167), as amended, was (1) the Act of August 23, 1954 (68 Stat. 773, inserting ‘‘on September 30, 2005’’. passed. chapter 838) authorized the Secretary of the The committee amendment was Interior to investigate the use of irrigation f and reclamation resource needs for areas of agreed to. the islands of Oahu, Hawaii, and Molokai in The bill (S. 1694), as amended, was EDUCATION LAND GRANT ACT the State of Hawaii; passed. The Senate proceeded to consider the (2) section 31 of the Hawaii Omnibus Act f bill (H.R. 150) to authorize the Sec- (43 U.S.C. 422l) authorizes the Secretary to INDEPENDENT SCIENTIFIC REVIEW retary of Agriculture to convey Na- develop reclamation projects in the State tional Forest System land for use for under the Act of August 6, 1956 (70 Stat. 1044, PANEL OF THE PACIFIC NORTH- chapter 972; 42 U.S.C. 422a et seq.) (commonly WEST ELECTRIC POWER PLAN- educational purposes, and for other known as the ‘‘Small Reclamation Projects NING COUNCIL purposes, which had been reported from Act’’); the Committee on Energy and Natural (3) the amendment made by section 207 of The Senate proceeded to consider the Resources, with an amendment to the Hawaiian Home Lands Recovery Act (109 bill (S. 1167) amend the Pacific North- strike all after the enacting clause and Stat. 364; 25 U.S.C. 386a) authorizes the Sec- west Electric Power Planning and Con- inserting in lieu thereof the following: retary to assess charges against Native Ha- servation Act to provide for expanding waiians for reclamation cost recovery in the the scope of the Independent Scientific SECTION 1. SHORT TITLE. same manner as charges are assessed against Review Panel which had been reported (a) SHORT TITLE.—This Act may be cited as Indians or Indian tribes; the ‘‘National Forest Education and Community from the Committee on Energy and Purpose Lands Act’’. (4) there is a continuing need to manage, Natural Resources, with an amendment develop, and protect water and water-related SEC. 2. FINDINGS. resources in the State; and as follows: Congress finds that— (5) the Secretary should undertake studies (The part of the bill intended to be (1) communities adjacent to and surrounded to assess needs for the reclamation of water inserted is shown in italic.) by National Forest System land have limited op- resources in the State. S. 1167 portunities to acquire land for recreational, edu- SEC. 3. DEFINITIONS. Be it enacted by the Senate and House of Rep- cational and other public purposes; In this Act: resentatives of the United States of America in (2) in many cases, such recreational, edu- (1) SECRETARY.—The term ‘‘Secretary’’ Congress assembled, cational and other public purposes are not with- means the Secretary of the Interior. in the mission of the Forest Service, but would SECTION 1. REVIEW OF REIMBURSABLE not be inconsistent with land and resource man- (2) STATE.—The term ‘‘State’’ means the PROJECTS, PROGRAMS, AND MEAS- State of Hawaii. URES BY THE INDEPENDENT SCI- agement plans developed for the adjacent na- SEC. 4. WATER RESOURCES RECLAMATION ENTIFIC REVIEW PANEL OF THE PA- tional forest; STUDY. CIFIC NORTHWEST ELECTRIC (3) such communities are often unable to ac- (a) IN GENERAL.—The Secretary, acting POWER PLANNING COUNCIL. quire land for such recreational, educational through the Commissioner of Reclamation, Section 4(h)(10)(D) of the Pacific North- and other public purposes due to extremely high shall conduct a study that includes— west Electric Power Planning and Conserva- market value of private land resulting from the (1) a survey of irrigation and water deliv- tion Act (16 U.S.C. 839b(h)(10)(D)) is amended predominance of Federal land in the local area; ery systems in the State; by striking clauses (vii) and (viii) and insert- and (2) an estimation of the cost of repair and ing the following: (4) the national forests and adjacent commu- rehabilitation of the irrigation and water de- ‘‘(vii) REVIEW BY THE PANEL OF REIMBURS- nities would mutually benefit from a process livery systems; ABLE PROJECTS, PROGRAMS, AND MEASURES.— similar to that available to the Bureau of Land

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 6333 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2794 CONGRESSIONAL RECORD — SENATE April 13, 2000

Management under the Act of June 14, 1926 (e) PARCELS WITHDRAWN IN AID OF FUNCTIONS under this section may not be transferred by the (commonly known as the ‘‘Recreation and Pub- OF FEDERAL AND STATE AGENCIES.—If a parcel grantee or a successor of the grantee. lic Purposes Act’’) (43 U.S.C. 869 et seq.). has been withdrawn in aid of a function of a (ii) EXCEPTION.—With the consent of the Sec- SEC. 3. DEFINITIONS. Federal agency other than the Department of retary in accordance with this section, title to a In this Act: Agriculture or of an agency of a State or polit- parcel may be transferred to the State or a polit- (1) HAZARDOUS SUBSTANCE.—The term ‘‘haz- ical subdivision of a State (including a water ical subdivision of the State in which the parcel ardous substance’’ has the meaning given the district), the Secretary may dispose of the parcel is located. term in section 101 of the Comprehensive Envi- under this section only with the consent of the (B) USE.— ronmental Response, Compensation, and Liabil- agency. (i) IN GENERAL.—Except as provided in clause ity Act (42 U.S.C. 9601). (f) CONVEYANCES AND LEASES.— (ii), a grantee or a successor of the grantee may (2) PARCEL.— (1) CONVEYANCES.—The Secretary may convey not change the use specified in the conveyance (A) IN GENERAL.—The term ‘‘parcel’’ means a a parcel to the State or a political subdivision of of a parcel under this section to another or ad- parcel of land under the jurisdiction of the For- a State in which the parcel is located if the pro- ditional use. est Service that has been withdrawn from the posed use is not inconsistent with the land allo- (ii) EXCEPTION.—Upon application and appro- public domain. cations within applicable land and resource priate public participation, the Secretary may (B) EXCLUSION.—The term ‘‘parcel’’ does not management plans under the Forest and Range- approve a change in use of a parcel to anther include land set aside or held for the benefit of land Renewable Resources Planning Act of 1974 recreational, educational or other public use, in Indians. (16 U.S.C. 1600 et seq.) accordance with this section. (2) REVERSION FOR NONCOMPLIANCE.—If at (3) SECRETARY.—The term ‘‘Secretary’’ means (2) LEASES.—The Secretary may lease a parcel the Secretary of Agriculture, acting through the to the State or a political subdivision of a State any time after a parcel is conveyed by the Sec- Chief of the Forest Service. in which the parcel is located, at a reasonable retary, the grantee or a successor of the grantee, annual rental, for a period up to 25 years, and, without the consent of the Secretary, attempts SEC. 4. DISPOSAL OF NATIONAL FOREST SYSTEM to transfer title to or control over the parcel to LAND FOR PUBLIC PURPOSES. at the discretion of the Secretary, with a privilege of renewal for a like period, if the proposed another person or entity or to devote the parcel (a) AUTHORITY.—Upon receipt and approval to a use other than that for which the parcel of an application in writing, the Secretary may use is not inconsistent with the land allocations was conveyed, title to the parcel shall revert to dispose of National Forest System land to a within applicable land and resource manage- the United States. State or a political subdivision of a State as pro- ment plans under the Forest and Rangeland Re- (k) PRIOR CONVEYANCES.—On application by vided in this section on the condition that the newable Resources Planning Act of 1974 (16 the State or a political subdivision of the State parcel be used for recreational, educational and U.S.C. 1600 et seq.) (3) CONSIDERATION.—The conveyance or lease in which the parcel is located, the Secretary other public purposes, as determined by the Sec- of a parcel for purposes under this section shall may authorize a transfer of title or a change in retary. be made at a price to be fixed by the Secretary, use in accordance with subsection (j) with re- (b) CONDITIONS OF DISPOSAL, TRANSFER OF consistent with the pricing structure established spect to any parcel conveyed under this section TITLE, OR CHANGE IN USE.—Before any parcel by the Secretary of the Interior under the Act of or any other law. may be disposed of or any application for a June 14, 1926 (43 U.S.C. 869 et seq.). (l) SOLID WASTE DISPOSAL SITES.— transfer of title to or a change in use of a parcel (g) ACREAGE LIMITATIONS AND PROPERTY DE- (1) CONVEYANCE FOR THE PURPOSES OF SOLID is approved under this section, the Secretary SCRIPTIONS.— WASTE DISPOSAL.—If the Secretary receives an shall determine that— (1) ACREAGE LIMITATIONS.—A conveyance application for conveyance of a parcel under (1) the parcel is to be used for an established under this section may not exceed 100 acres, un- this section for the purpose of solid waste dis- or proposed project that is described in detail in less the parcel contains facilities that have been posal or for another purpose that the Secretary the application to the Secretary, and that would determined by the Secretary to be suitable for finds may include the disposal, placement, or reserve public objectives (either locally or at large) disposal under the authority of the General lease of any hazardous substance, the Secretary that outweigh the objectives and values which Services Administration. This limitation shall may convey the parcel subject only to this sub- would be served by maintaining such parcel in not be construed to preclude an entity from subsection. Federal ownership; mitting subsequent applications under this sec- (2) INVESTIGATION.— (2) the applicant is financially and otherwise tion for additional land conveyances if the enti- (A) IN GENERAL.—Before any conveyance of a capable of implementing the proposed project; ty can demonstrate to the Secretary a need for parcel under this subsection, the Secretary shall and additional land. investigate the parcel to determine whether any (3) the acreage is not more than is reasonably (2) DESCRIPTION OF PROPERTY.—If necessary, hazardous substance is present on the parcel. necessary for the proposed use. the exact acreage and legal description the real (B) ELEMENTS OF AN INVESTIGATION.—An in- (c) PUBLIC PARTICIPATION.—The Secretary property conveyed under this subsection shall be vestigation under subparagraph (A) shall in- shall provide an opportunity for public partici- determined by a survey satisfactory to the Sec- clude— pation in a disposal under this section, includ- retary and the applicant. The cost of the survey (i) a review of any available records of the use ing at least one public hearing or meeting, to shall be borne by the applicant. of the parcel; and provide for public comments. (3) RECREATION AND PURPOSES ACT.—Section 1 (ii) all appropriate analyses of the soil, water (d) REVIEW OF APPLICATIONS.— of the Act of June 14, 1926 (commonly known as and air associated with the parcel. (a) IN GENERAL.—When the Secretary receives the ‘‘Recreation and Public Purposes Act’’; 43 (C) PRESENCE OF A HAZARDOUS SUBSTANCE.—A an application under this section to convey a U.S.C. 869), as amended, is further amended by parcel shall not be conveyed under this sub- parcel for recreational, educational, or other adding at the end the following: section if the investigation indicates that any public purposes related to emergency services, ‘‘(d) DESCRIPTION OF PROPERTY.—If nec- hazardous substance is present on the parcel. the Secretary shall— essary, the exact acreage and legal description (3) SUBMISSION TO OTHER STATE AND FEDERAL (A) before the end of the 14-day period begin- of the real property conveyed under this section AGENCIES.—No application for conveyance ning on the date of the receipt of the applica- shall be determined by a survey satisfactory to under this subsection shall be acted on by the tion, provide notice of that receipt to the appli- the Secretary and the applicant. The cost of the Secretary until the applicant has furnished evi- cant; and survey shall be borne by the applicant.’’. dence, satisfactory to the Secretary, that a copy (B) before the end of the 120-day period begin- (h) RESERVATION OF MINERAL RIGHTS.—Each of the application and information concerning ning on that date— conveyance or lease under this section shall the proposed use of the parcel covered by the (i) make a final determination whether or not contain a reservation to the United States of all application has been provided to the Environ- to convey land pursuant to the application, and mineral deposits in the parcel conveyed or mental Protection Agency and to all other State notify the applicant of that determination; or leased and of the right to mine and remove the and Federal agencies with responsibility for en- (ii) submit written notice to the applicant con- mineral deposits under applicable laws (includ- forcement of Federal and State laws applicable taining the reasons why a final determination ing regulations). to land used for the disposal, placement, or re- has not been made. (i) USE OF THE LEASED LAND FOR UNAUTHOR- lease of solid waste or any hazardous substance. (2) OTHER APPLICATIONS.—When the Secretary IZED PURPOSES.—Each lease under this section (4) WARRANTY.—No application for convey- receives an application under this section to shall contain a provision for termination of the ance under this subsection shall be acted on by convey a parcel for any public purposes other lease on a finding by the Secretary that— the Secretary until the applicant gives a war- than those under paragraph (1), the Secretary (1) the parcel has not been used by the lessee ranty that— shall— as specified in the lease of a period greater than (A) use of the parcel covered by the applica- (A) before the end of the 14-day period begin- 5 years; or tion will be consistent with all applicable Fed- ning on the date of the receipt of the applica- (2) the parcel or any part of the parcel is eral and State laws, including laws dealing with tion, provide notice of that receipt to the appli- being devoted to a use other than that for which the disposal, placement, or release of hazardous cant; and the lease was made. substances; and (B) take reasonable actions necessary to make (j) CONDITIONS OF CONVEYANCE; REVERSION (B) the applicant will hold the United States a final determination whether or not to convey FOR NONCOMPLIANCE.— harmless from any liability that may arise out of land pursuant to the application, and notify the (1) CONDITIONS OF CONVEYANCE.— any violation of any such law. applicant of that determination, to the extent (A) TRANSFER OF TITLE.— (5) REQUIREMENTS.—A conveyance under this practicable, before the end of the 180-day period (i) IN GENERAL.—Except as provided in clause subsection shall be made to the extent that the beginning on that date. (ii), title to a parcel conveyed by the Secretary applicant demonstrates to the Secretary that the

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 6333 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2795

parcel covered by an application meets all appli- (1) in section 101(d)(2)(D)(ii) (16 U.S.C. (b) DESCRIPTION OF PROPERTY.— cable State and local requirements and is appro- 470a(d)(2)(D)(ii)) by striking ‘‘Officer;’’ and in- (1) IN GENERAL.—The property referred to priate in character and reasonable in acreage in serting ‘‘Officer; and’’; in subsection (a) consists of: (A) a parcel of order to meet an existing or reasonably antici- (2) by amending section 101(e)(2) (16 U.S.C. National Forest lands (including any im- pated need for solid waste disposal or for an- 470a(e)(2)) to read as follows: provements thereon) in Elko County, Ne- other proposed use that the Secretary finds may ‘‘(2) The Secretary may administer grants to vada, known as Jarbidge Cemetery, con- include the disposal, placement, or release of the National Trust for Historic Preservation in sisting of approximately 2 acres within the any hazardous substance. the United States, chartered by an Act of Con- following described lands: NE1⁄4 SW1⁄4 NW1⁄4, (6) CONDITIONS.— gress approved October 26, 1949 (63 Stat. 947) S. 9 T. 46 N, R. 58 E., MDB&M, which shall be (A) IN GENERAL.—A conveyance of a parcel consistent with the purposes of its charter and used as a cemetary; and (B) the existing under this subsection shall be subject to the con- this Act.’’; bridge over the Jarbidge River that provides ditions stated in this paragraph. (3) in section 101(e)(3)(A)(iii) (16 U.S.C. access to that parcel, and the road from the (B) REVERTER.— 470a(e)(3)(A)(iii)) by striking ‘‘preservation; bridge to the parcel as depicted on the map (i) IN GENERAL.—The instrument of convey- and’’ and inserting ‘‘preservation, and’’; entitled ‘Elko County Road and Bridge Con- ance shall provide that the parcel shall revert to (4) in section 101(j)(2)(C) (16 U.S.C. veyance’ dated July 27, 1999. the United States unless substantially all of the 470a(j)(2)(C)) by striking ‘‘programs;’’ and in- (2) SURVEY.—The exact acreage and legal parcel has been used, on or before the date that serting ‘‘programs; and’’; description of the property to be conveyed is 5 years after the date of conveyance, for the (5) in section 102(a)(3) (16 U.S.C. 470b(a)(3)) purpose specified in the application, or for other under subsection (a) shall be determined by a by striking ‘‘year.’’ and inserting ‘‘year;’’; use or uses authorized under subsection (b) with survey satisfactory to the Secretary. As a (6) in section 103(a) (16 U.S.C. 470c(a))— the consent of the Secretary. condition of any conveyance under this sec- (A) by striking ‘‘purposes this Act’’ and in- (ii) LIMITATION.—No portion of a parcel that tion, the Secretary shall require that the has been used for solid waste disposal or for any serting ‘‘purposes of this Act’’; and cost of the survey shall be borne by the other purpose that the Secretary finds may re- (B) by striking ‘‘him:.’’ and inserting ‘‘him.’’; County. sult in the disposal, placement, or lease of a (7) in section 108 (16 U.S.C. 470h)) by striking (c) ADDITIONAL TERMS AND CONDITIONS.— hazardous substance shall revert to the United ‘‘(43 U.S.C. 338)’’ and inserting ‘‘(43 U.S.C. The Secretary may require such additional States. 1338)’’; terms and conditions with respect to the (C) PAYMENT TO THE SECRETARY ON FURTHER (8) in section 110(1) (16 U.S.C. 470h–2(1)) by conveyance under subsection (a) as the Sec- CONVEYANCE.—If at any time after conveyance striking ‘‘with the Council’’ and inserting ‘‘pur- retary considers appropriate to protect the any portion of a parcel has not been used for suant to regulations issued by the Council’’; interests of the United States, except that the purpose specified in the application, and the (9) in section 112(b)(3) (16 U.S.C. 470h–4(b)(3)) the Secretary may not retain for the United entity to which the parcel was conveyed by the by striking ‘‘(25 U.S.C. 3001(3) and (9))’’ and in- States any reversionary interest in property Secretary transfers ownership of the unused serting ‘‘(25 U.S.C. 3001 (3) and (9)))’’; conveyed under this section. (10) in section 301(12)(C)(iii) (16 U.S.C. portion to any other person or entity, transferee f shall be liable to pay the Secretary the fair mar- 470w(12)(C)(iii)) by striking ‘‘Officer, and’’ and ket value of the transferred portion as of the inserting ‘‘Officer; and’’; IRRIGATION MITIGATION AND RES- date of the transfer, including the value of any (11) in section 307(a) (16 U.S.C. 470w–6(a)) by TORATION PARTNERSHIP ACT OF striking ‘‘Except as provided in subsection (b) of improvements thereon. 1999 (D) USE OF PAYMENTS.—Subject to the avail- this section, no’’ and inserting ‘‘No’’; ability of appropriations, all amounts received (12) in section 307(c) (16 U.S.C. 470w–6(c)) by The Senate proceeded to consider the by the Secretary under subparagraph (C) shall striking ‘‘Except as provided in subsection (b) of bill (H.R. 1444) to authorize the Sec- be retained by the Secretary, shall be available this section, the’’ and inserting ‘‘The’’; retary of the Interior to plan, design, to the Secretary for use for the management of (13) in section 307 (16 U.S.C. 470w–6) by redes- and construct fish screens, fish passage ignating subsections (c) through (f), as amend- National Forest System land, and shall remain devices, and related features to miti- available until expended. ed, as subsections (b) through (e), respectively; gate adverse impacts associated with The committee amendment in the and irrigation system water diversions by nature of a substitute was agreed to. (14) in subsection 404(c)(2) (16 U.S.C. 470x– The bill (H.R. 150), as amended, was 3(c)(2)) by striking ‘‘organizations, and’’ and in- local governmental entities in the serting ‘‘organizations; and’’. passed. State of Oregon, Washington, Montana, (b) Section 114 of Public Law 96–199 (94 Stat. Idaho, and California, which had been f 71) is amended by striking ‘‘subsection 6(c)’’ and reported from the Committee on En- NATIONAL HISTORIC inserting ‘‘subsection 206(c)’’. ergy and Natural Resources, with an Amend the title so as to read: ‘‘A bill to PRESERVATION ACT AMENDMENTS extend the authorization for the Historic amendment to strike all after the en- The Senate proceeded to consider the Preservation Fund and the Advisory Council acting clause and inserting in lieu bill (H.R. 834) to extend the on Historic Preservation, and for other pur- thereof the following: authoirization for the National His- poses.’’. SECTION. 1. SHORT TITLE. toric Preservation Fund, and for other The committee amendment in the This Act may be cited as the ‘‘Irrigation Miti- purposes, which had been reported from nature of a substitue was agreed to. gation and Restoration Partnership Act of the Committee on Energy and Natural The bill (H.R. 834), as amended, was 1999’’. Resources, with an amendment to passed. SEC. 2. DEFINITIONS. In this Act: strike all after the enacting clause and f inserting in lieu thereof the following: (1) PACIFIC OCEAN DRAINAGE AREA.—The term ‘‘Pacific Ocean drainage area’’ means the area SECTION 1. SHORT TITLE. CONVEYANCE OF NATIONAL FOR- This Act may be cited as the ‘‘National His- EST LAND TO ELKO COUNTY, NE- comprised of portions of the States of Oregon, toric Preservation Act Amendments of 1999’’. VADA Washington, Montana, and Idaho from which water drains into the Pacific Ocean. SEC. 2. REAUTHORIZATION OF HISTORIC PRESER- The bill (H.R. 1231) to direct the Sec- VATION FUND. (2) PROGRAM.—The term ‘‘Program’’ means Section 108 of the National Historic Preserva- retary of Agriculture to convey certain the Irrigation Mitigation and Restoration Part- tion Act (16 U.S.C. 470h) is amended by striking National Forest lands to Elko County, nership Program established by section 3(a). ‘‘1997’’ and inserting ‘‘2005’’. Nevada, for continued use as a ceme- (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. SEC. 3. REAUTHORIZATION OF ADVISORY COUN- tery, was considered, ordered to a third CIL ON HISTORIC PRESERVATION. reading, read the third time, and SEC. 3. ESTABLISHMENT OF THE PARTNERSHIP PROGRAM. Section 212(a) of the National Historic Preser- passed. vation Act (16 U.S.C. 470t(a)) is amended by (a) ESTABLISHMENT.—There is established the striking ‘‘2000’’ and inserting ‘‘2005’’. H.R. 1231 Irrigation Mitigation and Restoration Partner- SEC. 4. LOCATION OF FEDERAL FACILITIES ON Be it enacted by the Senate and House of Rep- ship Program within the Department of the In- HISTORIC PROPERTIES. resentatives of the United States of America in terior. Section 110(a)(1) of the National Historic Pres- Congress assembled, (b) GOALS.—The goals of the Program are— ervation Act (16 U.S.C. 470h–2(a)(1)) is amended SECTION 1. CONVEYANCE OF NATIONAL FOREST (1) to decrease fish mortality associated with in the second sentence by striking ‘‘agency.’’ LANDS TO ELKO COUNTY, NEVADA, the withdrawal of water for irrigation and other and inserting ‘‘agency, in accordance with Ex- FOR USE AS CEMETERY. purposes without impairing the continued with- ecutive Order 13006, issued May 21, 1996 (61 F.R. (a) REQUIREMENT TO CONVEY.—The Sec- drawal of water for those purposes; and 26071).’’. retary of Agriculture shall convey, without (2) to decrease the incidence of juvenile and SEC. 5. TECHNICAL AND CONFORMING AMEND- consideration, to Elko County, Nevada, all adult fish entering water supply systems. MENTS. right, title, and interest of the United States (c) IMPACTS ON FISHERIES.— (a) The National Historic Preservation Act (16 in and to the real property described in sub- (1) IN GENERAL.—Under the Program, the Sec- U.S.C. 470 et seq.) is amended as follows— section (b). retary, in consultation with the heads of other

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 6333 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2796 CONGRESSIONAL RECORD — SENATE April 13, 2000 appropriate agencies, shall develop and imple- sponsible for all costs associated with operating, ant to Public Law 97–257, shall be made ment projects to mitigate impacts to fisheries re- maintaining, repairing, rehabilitating, and re- available for immediate ex gratia distribu- sulting from the construction and operation of placing the project. tion to the people of Bikini, provided such water diversions by local governmental entities, (2) FEDERAL RESPONSIBILITY.—The Federal distribution does not reduce the corpus of including water and soil conservation districts, Government shall be responsible for costs re- the trust fund. The amount of such distribu- in the Pacific Ocean drainage area. ferred to in paragraph (1) for projects carried tion shall be deducted from any additional ex (2) TYPES OF PROJECTS.—Projects eligible out on Federal land or at a Federal facility. gratia payments that may be made by the under the Program may include the develop- SEC. 8. LIMITATION ON ELIGIBILITY FOR FUND- Congress into the Resettlement Trust Fund. ment, improvement, or installation of— ING. (A) fish screens; A project that receives funds under this Act f (B) fish passage devices; shall be ineligible to receive Federal funds from (C) other facilities agreed to by non-Federal any other source for the same purpose. interests, relevant Federal and tribal agencies, SEC. 9. REPORT. RELEASE OF REVERSIONARY and affected States; and On the expiration of the third fiscal year for INTERESTS IN WASHINGTON, UTAH (D) inventories by the States on the need and which amounts are made available to carry out priority for projects described in subparagraphs The bill (H.R. 2862) to direct the Sec- this Act, the Secretary shall submit to Congress retary of the Interior to release rever- (A) through (C). a report describing— (3) PRIORITY.—The Secretary shall give pri- (1) the projects that have been completed sionary interests held by the United ority to any project that has a total cost of less under this Act; States in certain parcels of lands in than $5,000,000. (2) the projects that will be completed with Washington County, Utah, to facilitate SEC. 4. PARTICIPATION IN THE PROGRAM. amounts made available under this Act during an anticipated land exchange, was con- (a) NON-FEDERAL.— the remaining fiscal years for which amounts sidered, ordered to a third reading, (1) IN GENERAL.—Non-Federal participation in are authorized to be appropriated under section read the third time, and passed. the Program shall be voluntary. 10; and (2) FEDERAL ACTION.—The Secretary shall (3) recommended changes to the Program as a H.R. 2862 take no action that would result in any non- result of projects that have been carried out Be it enacted by the Senate and House of Federal entity being held financially responsible under this Act. Representatives of the United States of America for any action under the Program, unless the SEC. 10. AUTHORIZATION OF APPROPRIATIONS. in Congress assembled, entity applies to participate in the Program. (a) IN GENERAL.—There is authorized to be SECTION 1. RELEASE OF REVERSIONARY INTER- (b) FEDERAL.—Development and implementa- appropriated to carry out this Act $25,000,000 for ESTS IN CERTAIN PROPERTY IN tion of projects under the Program on land or each of fiscal years 2001 through 2005. WASHINGTON COUNTY, UTAH. facilities owned by the United States shall be (b) LIMITATIONS.— (a) RELEASE REQUIRED.—The Secretary of nonreimbursable Federal expenditures. (1) SINGLE STATE.— the Interior shall release, without consider- SEC. 5. EVALUATION AND PRIORITIZATION OF (A) IN GENERAL.—Except as provided in sub- ation, the reversionary interests of the PROJECTS. paragraph (B), not more than 25 percent of the United States in certain real property lo- Evaluation and prioritization of projects for total amount of funds made available under this cated in Washington County, Utah, and de- development under the Program shall be con- section may be used for 1 or more projects in any picted on the map entitled ‘‘Exchange Par- ducted on the basis of— single State. cels, Gardner & State of Utah Property’’, (1) benefits to fish species native to the project (B) WAIVER.—On notification to Congress, the dated April 21, 1999, to facilitate a land ex- area, particularly to species that are listed as Secretary may waive the limitation under sub- change to be conducted by the State of Utah being, or considered by Federal or State authori- paragraph (A) if a State is unable to use the en- involving the property. ties to be, endangered, threatened, or sensitive; tire amount of funding made available to the (b) INSTRUMENT OF RELEASE.—The Sec- (2) the size and type of water diversion; State under this Act. (3) the availability of other funding sources; retary shall execute and file in the appro- (2) ADMINISTRATIVE EXPENSES.—Not more (4) cost effectiveness; and priate office or offices a deed of release, than 6 percent of the funds authorized under (5) additional opportunities for biological or amended deed, or other appropriate instru- this section for any fiscal year may be used for water delivery system benefits. ment effectuating the release of the rever- Federal administrative expenses of carrying out sionary interests required by this section. SEC. 6. ELIGIBILITY REQUIREMENTS. this Act. (a) IN GENERAL.—A project carried out under Amend the title so as to read: ‘‘A bill to the Program shall not be eligible for funding un- authorize the Secretary of the Interior to es- f less— tablish a program to plan, design, and con- (1) the project meets the requirements of the struct facilities to mitigate impacts associ- TREATMENT OF CERTAIN LAND IN Secretary, as applicable, and any applicable ated with irrigation system water diversions RED CLIFFS DESERT, UTAH AC- State requirements; and by local governmental entities in the Pacific QUIRED BY EXCHANGE (2) the project is agreed to by all Federal and Ocean drainage of the States of Oregon, non-Federal entities with authority and respon- Washington, Montana, and Idaho.’’. The bill (H.R. 2863) to clarify the sibility for the project. The committee amendment in the legal effect on the United States of the (b) DETERMINATION OF ELIGIBILITY.—In deter- acquisition of a parcel of land in the mining the eligibility of a project under this Act, nature of a substitute was agreed to. the Secretary shall— The bill (H.R. 455), as amended, was Red Cliffs Desert Reserve in the State (1) consult with other Federal, State, tribal, passed. of Utah, was considered, ordered to a and local agencies; and f third reading, read the third time, and (2) make maximum use of all available data. passed. BIKINI RESETTLEMENT AND SEC. 7. COST SHARING. H.R. 2863 (a) NON-FEDERAL SHARE.—The non-Federal RELOCATION ACT OF 1999 Be it enacted by the Senate and House of Rep- share of the cost of development and implemen- The bill (H.R. 2368) to assist in the re- tation of any project under the Program on land resentatives of the United States of America in settlement and relocation of the people Congress assembled, or at a facility that is not owned by the United of Bikini Atoll by amending the terms States shall be 35 percent. SECTION 1. TREATMENT OF CERTAIN LAND IN (b) NON-FEDERAL CONTRIBUTIONS.—The non- of the trust fund established during the RED CLIFFS DESERT RESERVE, Federal participants in any project under the United States administration of the UTAH, ACQUIRED BY EXCHANGE. Program on land or at a facility that is not Trust Territory of the Pacific Islands, (a) LIMITATION ON LIABILITY.—In support of owned by the United States shall provide all was considered, ordered to a third read- the habitat conservation plan of Washington land, easements, rights-of-way, dredged mate- ing, read the third time, and passed. County, Utah, for the protection of the desert tortoise and surrounding habitat, the rial disposal areas, and relocations necessary H.R. 2368 for the project. transfer of the land described in subsection (c) CREDIT FOR CONTRIBUTIONS.—The value of Be it enacted by the Senate and House of Rep- (b) from the City of St. George, Utah, to the land, easements, rights-of-way, dredged mate- resentatives of the United States of America in United States shall convey no liability on rial disposal areas, and relocations provided Congress assembled, the United States that did not already exist under subsection (b) for a project shall be cred- SECTION 1. SHORT TITLE. with the United States on the date of the ited toward the non-Federal share of the costs This Act may be cited as the ‘‘Bikini Re- transfer of the land. of the project. settlement and Relocation Act of 1999’’. (b) DESCRIPTION OF LAND.—The land re- (d) ADDITIONAL COSTS.— SEC. 2. PARTIAL DISTRIBUTION OF TRUST FUND ferred to in subsection (a) is a parcel of ap- (1) NON-FEDERAL RESPONSIBILITIES.—The non- AMOUNTS. proximately 15 acres of land located within Federal participants in any project carried out Three percent of the market value as of the Red Cliffs Desert Reserve in Washington under the Program on land or at a facility that June 1, 1999, of the Resettlement Trust Fund County, Utah, that was formerly used as a is not owned by the United States shall be re- for the People of Bikini, established pursu- landfill by the City of St. George.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2797 CONVEYANCE OF CERTAIN BU- SECTION 1. SHORT TITLE. landowners, the Secretary of the Interior shall REAU OF LAND MANAGEMENT This Act may be cited as the ‘‘Oregon Land exchange the Federal lands described in sub- LANDS IN CARSON CITY, NE- Exchange Act of 2000’’. section (b) for the private lands described in VADA SEC. 2. FINDINGS. subsection (c), as provided in section 6. Congress finds that— (b) BLM LANDS TO BE CONVEYED.—The par- The bill (S. 408) to direct the Sec- (1) certain parcels of private land located in cels of Federal lands to be conveyed by the Sec- retary of the Interior to convey a northeast Oregon are intermingled with land retary to the appropriate identified landowners former Bureau of Land Management owned by the United States and administered— are as follows: (A) by the Secretary of the Interior as part of administrative site to the City of Car- (1) the parcel comprising approximately 45,824 the Central Oregon Resource Area in the acres located in Grant County, Oregon, within son City, Nevada, for use as a senior Prineville Bureau of Land Management District the Central Oregon Resource Area in the center, was considered, ordered to be and the Baker Resource Area in the Vale Bu- Prineville District of the Bureau of Land Man- engrossed for a third reading, read the reau of Land Management District; and agement, as generally depicted on the map; third time, and passed, as follows: (B) by the Secretary of Agriculture as part of (2) the parcel comprising approximately 2,755 the Malheur National Forest, the Wallowa- S. 408 acres located in Wheeler County, Oregon, with- Whitman National Forest, and the Umatilla Na- in the Central Oregon Resource Area in the Be it enacted by the Senate and House of Rep- tional Forest; Prineville District of the Bureau of Land Man- resentatives of the United States of America in (2) the surface estate of the private land de- agement, as generally depicted on the map; Congress assembled, scribed in paragraph (1) is intermingled with (3) the parcel comprising approximately 726 SECTION 1. CONVEYANCE OF CERTAIN BUREAU parcels of land that are owned by the United acres located in Morrow Country, Oregon, with- OF LAND MANAGEMENT LANDS IN States or contain valuable fisheries and wildlife in the Baker Resource Area of the Vale District CARSON CITY, NEVADA. habitat desired by the United States; of Land Management, as generally depicted on (a) CONVEYANCE.—Not later than 120 days (3) the consolidation of land ownerships will the map; and after the date of enactment of this Act, the facilitate sound and efficient management for (4) the parcel comprising approximately 1,015 both public and private lands; Secretary of the Interior, acting through the acres located in Umatilla County, Oregon, with- (4) the improvement of management efficiency Director of the Bureau of Land Management, in the Baker Resource Area in the Vale District shall convey to the City of Carson City, Ne- through the land tenure adjustment program of the Department of the Interior, which disposes of the Bureau of Land Management, as gen- vada, without consideration, all right, title, erally depicted on the map. and interest of the United States in the prop- of small isolated tracts having low public re- (c) PRIVATE LANDS TO BE ACQUIRED.—The source values within larger blocks of contiguous erty described as Government lot 1 in sec. 8, parcel of private lands to be conveyed by the ap- parcels of land, would serve important public T. 15 N., R. 20 E., Mount Diablo Meridian, as propriate identified landowners to the Secretary shown on the Bureau of Land Management objectives, including— (A) the enhancement of public access, aes- are as follows: official plat approved October 28, 1996, con- (1) the parcel comprising approximately 31,646 taining 4.48 acres, more or less, and assorted thetics, and recreation opportunities within or adjacent to designated wild and scenic river cor- acres located in Grant County, Oregon, within uninhabitable buildings and improvements. the Central Oregon Resource Area in the (b) USE.—The conveyance of the property ridors; (B) the protection and enhancement of habi- Prineville District of the Bureau of Land Man- under subsection (a) shall be subject to re- agement, as generally depicted on the map; version to the United States if the property tat for threatened, endangered, and sensitive species within unified landscapes under Federal (2) the parcel comprising approximately 1,960 is used for a purpose other than the purpose management; and acres located in Morrow County, Oregon, within of a senior assisted living center or a related (C) the consolidation of holdings of the Bu- the Baker Resource Area in the Vale District of public purpose. reau of Land Management and the Forest Serv- the Bureau of Land Management, as generally f ice— depicted on the map; and (i) to facilitate more efficient administration, (3) the parcel comprising approximately 10,544 LANDUSKY SCHOOL LOTS including a reduction in administrative costs to acres located in Umatilla County, Oregon, with- TRANSFER the United States; and in the Baker Resource Area in the Vale District The Senate proceeded to consider the (ii) to reduce right-of-way, special use, and of the Bureau of Land Management, as gen- bill (S. 1218) to direct the Secretary of other permit processing and issuance for roads erally depicted on the map. and other facilities on Federal land; the Interior to issue to the Landusky SEC. 5. FOREST SERVICE—TRIANGLE LAND EX- (5) time is of the essence in completing a land CHANGE. School District, with consideration, a exchange because further delays may force the (a) IN GENERAL.—Upon the request of Clear- patent for the surface and mineral es- identified landowners to construct roads in, log, water, on behalf of the appropriate identified tates of certain lots, and for other pur- develop, or sell the private land and thereby di- landowners, the Secretary of Agriculture shall poses, which had been reported from minish the public values for which the private exchange the Federal lands described in sub- the Committee on Energy and Natural land is to be acquired; and section (b) for the private lands described in (6) it is in the public interest to complete the Resources, with an amendment to subsection (c), as provided in section 6. land exchanges at the earliest practicable date (b) FOREST SERVICE LANDS TO BE CON- strike all after the enacting clause and so that the land acquired by the United States inserting in lieu thereof the following: VEYED.—The National Forest System lands to be can be preserved for— conveyed by the Secretary to the appropriate (A) protection of threatened and endangered S. 1218 identified landowners comprise approximately species habitat; and Be it enacted by the Senate and House of Rep- 3,901 acres located in Grant and Harney Coun- (B) permanent public use and enjoyment. resentatives of the United States of America in ties, Oregon, within the Malheur National For- SEC. 3. DEFINITIONS. Congress assembled, est, as generally depicted on the map. As used in this Act— RIVATE LANDS TO BE ACQUIRED.—The That subject to valid existing rights, the Sec- (1) the term ‘‘Clearwater’’ means Clearwater (c) P retary of the Interior shall issue to the Land Exchange—Oregon, an Oregon partner- parcels of private lands to be conveyed by the Landusky School District, without consider- ship that signed the document entitled ‘‘Assem- appropriate identified landowners to the Sec- ation, a patent for the surface and mineral es- bled Land Exchange Agreement between the Bu- retary are as follows: (1) the parcel comprising approximately 3,752 tates of approximately 2.06 acres of land as fol- reau of Land Management and Clearwater lows: T.25 N, R.24 E, Montana Prime Meridian, Land Exchange—Oregon for the Northeast Or- acres located in Grant and Harney Counties, section 27 block 2, school reserve, and section 27, egon Assembled Lands Exchange, OR 51858,’’ Oregon, within the Malheur National Forest, as block 3, lot 13. dated October 30, 1996, and the document enti- generally depicted on the map; (2) the parcel comprising approximately 1,702 The committee amendment in the tled ‘‘Agreement to initiate’’ with the Forest nature of a substitute was agreed to. Service, dated June 30, 1995, or its successors or acres located in Baker and Grant Counties, Or- The bill (S. 1218), aas amended, was assigns; egon, within the Wallowa-Whitman National Forest, as generally depicted on the map; and passed. (2) the term ‘‘identified landowners’’ means private landowners identified by Clearwater and (3) the parcel comprising approximately 246 f willing to exchange private land for Federal acres located in Grant and Wallowa Counties, OREGON LAND EXCHANGE ACT OF land in accordance with this Act; Oregon, within or adjacent to the Umatilla Na- tional Forest, as generally depicted on the map. 1999 (3) the term ‘‘map’’ means the map entitled ‘‘Northeast Oregon Assembled Land Exchange/ SEC. 6. LAND EXCHANGE TERMS AND CONDI- The Senate proceeded to consider the Triangle Land Exchange’’, dated November 5, TIONS. bill (S. 1629) to provide for the ex- 1999; and (a) IN GENERAL.—Except as otherwise pro- change of certain land in the State of (4) the term ‘‘Secretary’’ means the Secretary vided in this Act, the land exchanges imple- Oregon, which had been reported from of the Interior or the Secretary of Agriculture, mented by this Act shall be conducted in accordance with section 206 of the Federal Land Policy the Committee on Energy and Natural as appropriate. SEC. 4. BLM—NORTHEAST OREGON ASSEMBLED and Management Act (43 U.S.C. 1716) and other Resources, with an amendment to LAND EXCHANGE. applicable laws. strike all after the enacting clause and (a) IN GENERAL.—Upon the request of Clear- (b) MULTIPLE TRANSACTIONS.—The Secretary inserting in lieu thereof the following: water, on behalf of the appropriate identified of the Interior and the Secretary of Agriculture

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 6333 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2798 CONGRESSIONAL RECORD — SENATE April 13, 2000 may carry out a single or multiple transactions aged primarily for the protection of native fish the Withdrawal Area described in paragraph to complete the land exchanges authorized in and wildlife habitat, and for public recreation. (2). The Secretary is authorized and directed this Act. The Secretary may permit other authorized uses to convey to Elim in fee the surface and sub- (c) COMPLETION OF EXCHANGES.—Any land within the subwatershed if the Secretary deter- surface estates to 50,000 acres of valid selec- exchange under this Act shall be completed not mines, through the appropriate land use plan- tions in the Withdrawal Area, subject to the later than 90 days after the Secretary and ning process, that such uses are consistent with, covenants, reservations, terms and condi- Clearwater reach an agreement on the final ap- and do not diminish these management pur- tions and other provisions of this subsection. praised values of the lands to be exchanged. poses. ‘‘(A) Elim shall have 2 years from the date (d) APPRAISALS.—The values of the lands to SEC. 7. AUTHORIZATION OF APPROPRIATIONS. of the enactment of this subsection in which to file its selection of no more than 60,000 be exchanged under this Act shall be determined There is authorized to be appropriated such acres of land from the area described in para- by appraisals using nationally recognized ap- sums as may be necessary to carry out this Act. praisal standards, including as appropriate— graph (2). The selection application shall be (A) the Uniform Appraisal Standards for Fed- The committee amendment in the filed with the Bureau of Land Management, eral Land Acquisitions (1992); and nature of a substitute was agreed to. Alaska State Office, shall describe a single (B) the Uniform Standards of Professional Ap- The bill (S. 1629), as amended, was tract adjacent to United States Survey No. praisal Practice. passed. 2548, Alaska, and shall be reasonably com- (2) To ensure the equitable and uniform ap- pact, contiguous, and in whole sections ex- praisal of the lands to be exchanged under this f cept when separated by unavailable land or when the remaining entitlement is less than Act, all appraisals shall determine the best use ELIM NATIVE CORPORATION LAND of the lands in accordance with the law of the a whole section. Elim shall prioritize its se- State of Oregon, including use for the protection RESTORATION lections made pursuant to this subsection at of wild and scenic river characteristics as pro- The bill (H.R. 3090) to amend the the time such selections are filed, and such vided in the Oregon Administrative Code. Alaska Native Claims Settlement Act prioritization shall be irrevocable. Any lands (3)(A) all appraisals of lands to be exchanged to restore certain lands to the Elim selected shall remain withdrawn until con- under this Act shall be completed, reviewed and veyed or full entitlement has been achieved. submitted to the Secretary not later than 90 Native Corporation, and for other pur- ‘‘(B) The selection filed by Elim pursuant days after the date Clearwater requests the ex- poses, was considered, ordered to a to this subsection shall be subject to valid change. third reading, read the third time, and existing rights and may not supercede prior (B) Not less than 45 days before an exchange passed. selections of the State of Alaska, any Native of lands under this Act is completed, a com- H.R. 3090 corporation, or valid entries of any private prehensive summary of each appraisal for the individual unless such selection or entry is Be it enacted by the Senate and House of Rep- specific lands to be exchanged shall be available relinquished, rejected, or abandoned prior to resentatives of the United States of America in for public inspection in the appropriate Oregon conveyance to Elim. Congress assembled, offices of the Secretary, for a 15-day period. ‘‘(C) Upon receipt of the Conveyance (4) After the Secretary approves the final ap- SECTION 1. ELIM NATIVE CORPORATION LAND Lands, Elim shall have all legal rights and praised values of any parcel of the lands to be RESTORATION. privileges as landowner, subject only to the conveyed under this Act, the value of such par- Section 19 of the Alaska Native Claims covenants, reservations, terms and condi- cel shall not be reappraised or updated before Settlement Act (43 U.S.C. 1618) is amended tions specified in this subsection. the completion of the applicable land exchange, by adding at the end the following new sub- ‘‘(D) Selection by Elim of lands under this except for any adjustments in value that may be section: subsection and final conveyance of those required under subsection (e)(2). ‘‘(c)(1) FINDINGS.—The Congress finds lands to Elim shall constitute full satisfac- (e) EQUAL VALUE LAND EXCHANGE.—(1)(A) that— tion of any claim of entitlement of Elim The value of the lands to be exchanged under ‘‘(A) approximately 350,000 acres of land with respect to its land entitlement. this Act shall be equal, or if the values are not were withdrawn by Executive orders in 1917 ‘‘(4) COVENANTS, RESERVATIONS, TERMS, equal, they shall be equalized in accordance for the use of the United States Bureau of AND CONDITIONS.—The covenants, reserva- with section 206(b) of the Federal Land Policy Education and of the Natives of Indigenous tions, terms and conditions set forth in this and Management Act (43 U.S.C. 1716(b)) of this Alaskan race; paragraph and in paragraphs (5) and (6) with subsection. ‘‘(B) these lands comprised the Norton Bay respect to the Conveyance Lands shall run (B) The Secretary shall retain any cash Reservation (later referred to as Norton Bay with the land and shall be incorporated into equalization payments received under subpara- Native Reserve) and were set aside for the the interim conveyance, if any, and patent graph (A) to use, without further appropriation, benefit of the Native inhabitants of the Es- conveying the lands to Elim. to purchase land from willing sellers in the State kimo Village of Elim, Alaska; ‘‘(A) Consistent with paragraph (3)(C) and of Oregon for addition to lands under the ad- ‘‘(C) in 1929, 50,000 acres of land were de- subject to the applicable covenants, reserva- ministration of the Bureau of Land Manage- leted from the Norton Bay Reservation by tions, terms, and conditions contained in ment or the Forest Service, as appropriate. Executive order. this paragraph and paragraphs (5) and (6), (2) If the value of the private lands exceeds ‘‘(D) the lands were deleted from the Res- Elim shall have all rights to the timber re- the value of the Federal lands by 25 percent or ervation for the benefit of others; sources of the Conveyance Lands for any use more, Clearwater, after consultation with the ‘‘(E) the deleted lands were not available including, but not limited to, construction of affected identified landowners and the Sec- to the Native inhabitants of Elim under sub- homes, cabins, for firewood and other domes- retary, shall withdraw a portion of the private section (b) of this section at the time of pas- tic uses on any Elim lands: Provided, That lands necessary to equalize the values of the sage of this Act; cutting and removal of Merchantable Timber lands to be exchanged. ‘‘(F) the deletion of these lands has been from the Conveyance Lands for sale shall not (3) If any of the private lands to be acquired and continues to be a source of deep concern be permitted: Provided further, That Elim do not include the rights to the subsurface es- to the indigenous people of Elim; and shall not construct roads and related infra- tate, the Secretary may reserve the subsurface ‘‘(G) until this matter is dealt with, it will structure for the support of such cutting and estate in the Federal lands to be exchanged. continue to be a source of great frustration removal of timber for sale or permit others (f) LAND TITLES.—(1) Title to the private and sense of loss among the shareholders of to do so. ’Merchantable Timber’ means tim- lands to be conveyed to the Secretary shall be in the Elim Native Corporation and their de- ber that can be harvested and marketed by a a form acceptable to the Secretary. scendants. prudent operator. (2) The Secretary shall convey all right, title, ‘‘(2) WITHDRAWAL.—The lands depicted and ‘‘(B) Public Land Order 5563 of December and interest of the United States in the Federal designated ‘Withdrawal Area’ on the map 16, 1975, which made hot or medicinal springs lands to the appropriate identified landowners, dated October 19, 1999, along with their legal available to other Native Corporations for except to the extent the Secretary reserves the descriptions, on file with the Bureau of Land selection and conveyance, is hereby modified subsurface estate under subsection (c)(2). Management, and entitled ‘Land Withdrawal to the extent necessary to permit the selec- (g) MANAGEMENT OF LANDS.—(1) Lands ac- Elim Native Corporation’, are hereby with- tion by Elim of the lands heretofore encom- quired by Secretary of the Interior under this drawn, subject to valid existing rights, from passed in any withdrawal of hot or medicinal Act shall be administered in accordance with all forms of appropriation or disposition springs and is withdrawn pursuant to this sections 205(c) of the Federal Land Policy and under the public land laws, including the subsection. The Secretary is authorized and Management Act (43 U.S.C. 1715(c)), and lands mining and mineral leasing laws, for a period directed to convey such selections of hot or acquired by the Secretary of Agriculture shall be of 2 years from the date of the enactment of medicinal springs (hereinafter referred to as administered in accordance with sections 205(d) this subsection, for selection by the Elim Na- ‘hot springs’) subject to applicable cov- of such Act (43 U.S.C. 1715(d)). tive Corporation (hereinafter referred to as enants, reservations, terms and conditions (2) Lands acquired by the Secretary of the In- ‘Elim’). contained in paragraphs (5) and (6). terior pursuant to section 4 which are within ‘‘(3) AUTHORITY TO SELECT AND CONVEY.— ‘‘(C) Should Elim select and have conveyed the North Fork of the John Day subwatershed Elim is authorized to select in accordance to it lands encompassing portions of the shall be administered in accordance with section with the rules set out in this paragraph, Tubutulik River or Clear Creek, or both, 205(c) of the Federal Land Policy and Manage- 50,000 acres of land (hereinafter referred to as Elim shall not permit surface occupancy or ment Act (43 U.S.C. 1715(c)), but shall be man- ‘Conveyance Lands’) within the boundary of knowingly permit any other activity on

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2799 those portions of land lying within the bed of portion of the Conveyance Lands, including SECTION. 1. LAND EXCHANGE WITH CITY OF or within 300 feet of the ordinary high water- without limitation, a leasehold interest. CRAIG, ALASKA. line of either or both of these water courses ‘‘(C) SECTION 17(b) EASEMENTS.—The Bureau (a) At such time as Congress appropriates for purposes associated with mineral or of Land Management, in consultation with funds sufficient for the Secretary of Agri- other development or activity if they would Elim, shall reserve in the conveyance to culture to acquire non-Federal lands within cause or are likely to cause erosion or silta- Elim easements to the United States pursu- conservation system units on the Tongass tion of either water course to an extent that ant to subsection 17(b) that are not in con- National Forest, the Secretary shall convey would significantly adversely impact water flict with other easements specified in this to the City of Craig, Alaska, all Federal in- quality or fish habitat. paragraph. terests in the lands identified in subsection ‘‘(5) RIGHTS RETAINED BY THE UNITED ‘‘(D) OTHER EASEMENTS.—The Bureau of (b): Provided, That the lands conveyed to the STATES.—With respect to conveyances au- Land Management, in consultation with City of Craig shall be of equal value to the thorized in paragraph (3), the following Elim, shall reserve easements which shall in- lands acquired by the Secretary of Agri- rights are retained by the United States: clude the right of the public to enter upon culture pursuant to this subsection. ‘‘(A) To enter upon the conveyance lands, and travel along the Tubutulik River and (b) The approximately 4,532 acres of Fed- after providing reasonable advance notice in Clear Creek within the Conveyance Lands. eral lands to be conveyed to the City of Craig writing to Elim and after providing Elim Such easements shall also include easements are described as follows: with an opportunity to have a representative for trails confined to foot travel along, and (1) All Federal land in the following de- present upon such entry, in order to achieve which may be established along each bank scribed protracted and partially surveyed the purpose and enforce the terms of this of, the Tubutulik River and Clear Creek. townships in the Copper River Meridian, paragraph and paragraphs (4) and (6). Such trails shall be 25 feet wide and upland Alaska: of the ordinary high waterline of the water (A) Within T. 71 S., R. 81 E— ‘‘(B) To have, in addition to such rights 1 courses. The trails may deviate from the Section 24, E ⁄2; held by Elim, all rights and remedies avail- 1 1 1 banks as necessary to go around man-made Section 25, E ⁄2, S ⁄2 SW ⁄4; able against persons, jointly or severally, Section 36. or natural obstructions or to portage around who cut or remove Merchantable Timber for Containing 1360 acres, more or less; sale. hazardous stretches of water. The easements (B) Within T. 71 S., R. 82 E— shall also include one-acre sites along the ‘‘(C) In cooperation with Elim, the right, Section 19, S1⁄2 SW1⁄4; water courses at reasonable intervals, se- but not the obligation, to reforest in the Section 29, W1⁄4 NW1⁄4, N1⁄2 SW1⁄4; event previously existing Merchantable Tim- lected in consultation with Elim, which may Section 30, All; ber is destroyed by fire, wind, insects, dis- be used to launch or take out water craft Section 31, All. ease, or other similar manmade or natural from the water courses and to camp in non- Containing 1500 acres, more or less; and occurrence (excluding manmade occurrences permanent structures for a period not to ex- (C) Within T. 72 S., R. 82 E— resulting from the exercise by Elim of its ceed 24 hours without the consent of Elim. Section 5, SW1⁄4 NW1⁄4, W1⁄2, SW1⁄4; lawful rights to use the Conveyance Lands). ‘‘(E) INHOLDERS.—The owners of lands held Section 6, All; ‘‘(D) The right of ingress and egress over within the exterior boundaries of lands con- Section 7, NE1⁄4 NE1⁄4; easements under section 17(b) for the public veyed to Elim shall have all rights of ingress Section 8, W1⁄2, SW1⁄4 SE1⁄4; to visit, for noncommercial purposes, hot and egress to be vested in the inholder and Section 17, NW1⁄4 NW1⁄4, E1⁄2 NW1⁄4, NE1⁄4 springs located on the Conveyance Lands and the inholder’s agents, employees, co-ven- SW1⁄4, W1⁄2 NE1⁄4, NW1⁄4 SE1⁄4, S1⁄2 SE1⁄4; to use any part of the hot springs that is not turers, licensees, subsequent grantees, or Section 20, NE1⁄4. commercially developed. invitees, and such easements shall be re- Containing 1672 acres, more or less. ‘‘(E) The right to enter upon the lands conserved in the conveyance to Elim. The The committee amendment in the taining hot springs for the purpose of con- inholder may not exercise the right of in- nature of a substitute was agree to. ducting scientific research on such hot gress and egress in a manner that may result The bill (S. 1797), as amended, was springs and to use the results of such rein substantial damage to the surface of the passed. search without compensation to Elim. Elim lands or make any permanent improvements The title was amended so as to read: shall have an equal right to conduct research on Conveyance Lands without the prior con- on the hot springs and to use the results of sent of Elim. A bill to provide for a land conveyance to such research without compensation to the ‘‘(F) IDITAROD TRAIL.—The Bureau of Land the City of Craig, Alaska, and for other pur- United States. Management may reserve an easement for poses. ‘‘(F) A covenant that commercial develop- the Iditarod National Historic Trail in the f conveyance to Elim. ment of the hot springs by Elim or its suc- VALLES CALDERA PRESERVATION cessors, assigns, or grantees shall include the ‘‘(7) IMPLEMENTATION.—There are author- right to develop only a maximum of 15 per- ized to be appropriated such sums as may be ACT cent of the hot springs and any land within necessary to implement this subsection.’’. The Senate proceeded to consider the 1⁄4 mile of the hot springs. Such commercial SEC. 2. COMMON STOCK TO ADOPTED-OUT DE- bill (S. 1892) to authorize the acquisi- development shall not alter the natural hy- SCENDANTS. tion of the Valles Caldera, to provide drologic or thermal system associated with Section 7(h)(1)(C)(iii) of the Alaska Native for an effective land and wildlife man- the hot springs. Not less than 85 percent of Claims Settlement Act (43 U.S.C. agement program for this resource the lands within 1⁄4 mile of the hot springs 1606(h)(1)(C)(iii)) is amended by inserting be- shall be left in their natural state. fore the period at the end the following: ‘‘, within the Department of Agriculture, ‘‘(G) The right to exercise prosecutorial notwithstanding an adoption, relinquish- and for other purposes, which had been discretion in the enforcement of any cov- ment, or termination of parental rights that reported from the Committee on En- enant, reservation, term or condition shall may have altered or severed the legal rela- ergy and Natural Resources, with an not waive the right to enforce any covenant, tionship between the gift donor and recipi- amendment to strike all after the en- reservation, term or condition. ent’’. acting clause and insert in lieu thereof ‘‘(6) GENERAL.— SEC. 3. DEFINITION OF SETTLEMENT TRUST. the following: ‘‘(A) MEMORANDUM OF UNDERSTANDING.— Section 3(t)(2) of the Alaska Native Claims TITLE I—VALLES CALDERA NATIONAL The Secretary and Elim shall, acting in good Settlement Act (43 U.S.C. 1602(t)(2)) is PRESERVE AND TRUST faith, enter into a Memorandum of Under- amended by striking ‘‘sole’’ and all that fol- standing (hereinafter referred to as the lows through ‘‘Stock’’ and inserting ‘‘benefit SEC. 101. SHORT TITLE. ‘MOU’) to implement the provisions of this of shareholders, Natives, and descendants of This title may be cited as the ‘‘Valles subsection. The MOU shall include among its Natives,’’. Caldera Preservation Act’’. provisions reasonable measures to protect SEC. 102. FINDINGS AND PURPOSES. f plants and animals in the hot springs on the (a) FINDINGS.—Congress finds that— Conveyance Lands and on the land within 1⁄4 AMENDING THE ALASKA NATIVE (1) the Baca ranch comprises most of the mile of the hot springs. The parties shall CLAIMS SETTLEMENT ACT Valles Caldera in central New Mexico, and agree to meet periodically to review the constitutes a unique land mass, with signifi- matters contained in the MOU and to exer- The Senate proceeded to consider the cant scientific, cultural, historic, rec- cise their right to amend, replace, or extend bill (S. 1797) to amend the Alaska Na- reational, ecological, wildlife, fisheries, and the MOU. Such reviews shall include the au- tive Claims Settlement Act, to provide productive values; thority to relocate any of the easements set for a land conveyance to the City of (2) the Valles Caldera is a large resurgent forth in subparagraph (D) if the parties deem Craig, AK, and for other purposes, lava dome with potential geothermal activ- it advisable. which had been reported from the Com- ity; ‘‘(B) INCORPORATION OF TERMS.—Elim shall (3) the land comprising the Baca ranch was incorporate the covenants, reservations, mittee on Energy and Natural Re- originally granted to the heirs of Don Luis terms and conditions, in this subsection in sources, with an amendment to strike Maria Cabeza de Vaca in 1860; any deed or other legal instrument by which all after the enacting clause and insert (4) historical evidence, in the form of old it divests itself of any interest in all or a in lieu thereof the following: logging camps and other artifacts, and the

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2800 CONGRESSIONAL RECORD — SENATE April 13, 2000

history of territorial New Mexico indicate (2) BOARD OF TRUSTEES.—The terms ‘‘Board the boundaries of the Bandelier National the importance of this land over many gen- of Trustees’’ and ‘‘Board’’ mean the Board of Monument as modified under section 3 of erations for domesticated livestock produc- Trustees as describe in section 107. Public Law 105–376 (112 Stat. 3389). tion and timber supply; (3) COMMITTEES OF CONGRESS.—The term (c) PLAT AND MAPS.— (5) the careful husbandry of the Baca ranch ‘‘Committees of Congress’’ means the Com- (1) PLAT AND MAPS PREVAIL.—In case of any by the current owners, including selective mittee on Energy and Natural Resources of conflict between a plat or a map and acre- timbering, limited grazing and hunting, and the Senate and the Committee on Resources ages, the plat or map shall prevail. the use of prescribed fire, have preserved a of the House of Representatives. (2) MINOR CORRECTIONS.—The Secretary and mix of healthy range and timber land with (4) FINANCIALLY SELF-SUSTAINING.—The the Secretary of the Interior may make significant species diversity, thereby serving term ‘‘financially self-sustaining’’ means minor corrections in the boundaries of the as a model for sustainable land development management and operating expenditures Upper Alamo watershed as depicted on the and use; equal to or less than proceeds derived from map referred to in section 3 of Public Law (6) the Baca ranch’s natural beauty and fees and other receipts for resource use and 105–376 (112 Stat. 3389). abundant resources, and its proximity to development and interest on invested funds. (3) BOUNDARY MODIFICATION.—Upon the con- large municipal populations, could provide Management and operating expenditures veyance of any lands to any entity other numerous recreational opportunities for hik- shall include Trustee expenses, salaries and than the Secretary, the boundary of the Pre- ing, fishing, camping, cross-country skiing, benefits of staff, administrative and oper- serve shall be modified to exclude such and hunting; ating expenses, improvements to and main- lands. (7) the Forest Service documented the sce- tenance of lands and facilities of the Pre- (4) FINAL MAPS.—Within 180 days of the nic and natural values of the Baca ranch in serve, and other similar expenses. Funds ap- date of acquisition of the Baca ranch under its 1993 study entitled ‘‘Report on the Study propriated to the Trust by Congress, either subsection (a), the Secretary and the Sec- of the Baca Location No. 1, Santa Fe Na- directly or through the Secretary, for the retary of the Interior shall submit to the tional Forest, New Mexico’’, as directed by purposes of this title shall not be considered. Committees of Congress a final map of the Preserve and a final map of Bandelier Na- Public Law 101–556; (5) MULTIPLE USE AND SUSTAINED YIELD.— (8) the Baca ranch can be protected for cur- The term ‘‘multiple use and sustained yield’’ tional Monument, respectively. rent and future generations by continued op- has the combined meaning of the terms (5) PUBLIC AVAILABILITY.—The plat and maps referred to in the subsection shall be eration as a working ranch under a unique ‘‘multiple use’’ and ‘‘sustained yield of the kept and made available for public inspec- management regime which would protect the several products and services’’, as defined tion in the offices of the Chief, Forest Serv- land and resource values of the property and under the Multiple-Use Sustained-Yield Act ice, and Director, National Park Service, in surrounding ecosystem while allowing and of 1960 (16 U.S.C. 531). Washington, D.C., and Supervisor, Santa Fe providing for the ranch to eventually become (6) PRESERVE.—The term ‘‘Preserve’’ National Forest, and Superintendent, Ban- financially self-sustaining; means the Valles Caldera National Preserve delier National Monument, in the State of (9) the current owners have indicated that established under section 105. New Mexico. they wish to sell the Baca ranch, creating an (7) SECRETARY.—Except where otherwise (d) WATERSHED MANAGEMENT REPORT.—The opportunity for Federal acquisition and pub- provided, the term ‘‘Secretary’’ means the Secretary, acting through the Forest Serv- lic access and enjoyment of these lands; Secretary of Agriculture. ice, in cooperation with the Secretary of the (10) certain features on the Baca ranch (8) TRUST.—The term ‘‘Trust’’ means the Interior, acting through the National Park have historical and religious significance to Valles Caldera Trust established under sec- Service, shall— Native Americans which can be preserved tion 106. (1) prepare a report of management alter- and protected through Federal acquisition of SEC. 104. ACQUISITION OF LANDS. natives which may— the property; (a) ACQUISITION OF BACA RANCH.— (A) provide more coordinated land manage- (11) the unique nature of the Valles Caldera (1) IN GENERAL.—In compliance with the ment within the area known as the upper wa- and the potential uses of its resources with Act of June 15, 1926 (16 U.S.C. 471a), the Sec- tersheds of Alamo, Capulin, Medio, and San- different resulting impacts warrants a man- retary is authorized to acquire all or part of chez Canyons, including the areas known as agement regime uniquely capable of devel- the rights, title, and interests in and to ap- the Dome Diversity Unit and the Dome Wil- oping an operational program for appro- proximately 94,761 acres of the Baca ranch, derness; priate preservation and development of the comprising the lands, facilities, and struc- (B) allow for improved management of elk land and resources of the Baca ranch in the tures referred to as the Baca Location No. 1, and other wildlife populations ranging be- interest of the public; and generally depicted on a plat entitled tween the Santa Fe National Forest and the (12) an experimental management regime ‘‘Independent Resurvey of the Baca Location Bandelier National Monument; and should be provided by the establishment of a No. 1’’, made by L.A. Osterhoudt, W.V. Hall, (C) include proposed boundary adjustments Trust capable of using new methods of public and Charles W. Devendorf, U.S. Cadastral between the Santa Fe National Forest and land management that may prove to be cost- Engineers, June 30, 1920–August 24, 1921, the Bandelier National Monument to facili- effective and environmentally sensitive; and under special instructions for Group No. 107 tate the objectives under subparagraphs (A) (13) the Secretary may promote more effi- dated February 12, 1920, in New Mexico. and (B); and cient management of the Valles Caldera and (2) SOURCE OF FUNDS.—The acquisition (2) submit the report to the Committees of the watershed of the Santa Clara Creek under paragraph (1) may be made by pur- Congress within 120 days of the date of en- through the assignment of purchase rights of chase through appropriated or donated actment of this title. such watershed to the Pueblo of Santa Clara. funds, by exchange, by contribution, or by (e) OUTSTANDING MINERAL INTERESTS.—The (b) PURPOSES.—The purposes of this title donation of land. Funds appropriated to the acquisition of the Baca ranch by the Sec- are— Secretary from the Land and Water Con- retary shall be subject to all outstanding (1) to authorize Federal acquisition of the servation Fund shall be available for this valid existing mineral interests. The Sec- Baca ranch; purpose. retary is authorized and directed to negotiate with the owners of any fractional inter- (2) to protect and preserve for future gen- (3) BASIS OF SALE.—The acquisition under erations the scientific, scenic, historic, and paragraph (1) shall be based on an appraisal est in the subsurface estate for the acquisition of such fractional interest on a willing natural values of the Baca ranch, including done in conformity with the Uniform Ap- seller basis for not to exceed its fair market rivers and ecosystems and archaeological, praisal Standards for Federal Land Acquisi- value, as determined by appraisal done in geological, and cultural resources; tions and— conformity with the Uniform Appraisal (3) to provide opportunities for public (A) in the case of purchase, such purchase Standards for Federal Land Acquisitions. recreation; shall be on a willing seller basis for no more (4) to establish a demonstration area for an Any such interests acquired within the than the fair market value of the land or in- boundaries of the Upper Alamo watershed, as experimental management regime adapted terests therein acquired; and to this unique property which incorporates referred to in subsection (b), shall be admin- (B) in the case of exchange, such exchange istered by the Secretary of the Interior as elements of public and private administra- shall be for lands, or interests therein, of tion in order to promote long term financial part of Bandelier National Monument. equal value, in conformity with the existing (f) BOUNDARIES OF THE BACA RANCH.—For sustainability consistent with the other pur- exchange authorities of the Secretary. purposes of section 7 of the Land and Water poses enumerated in this subsection; and (4) DEED.—The conveyance of the offered Conservation Fund Act of 1965 (16 U.S.C. (5) to provide for sustained yield manage- lands to the United States under this sub- 4601–9), the boundaries of the Baca ranch ment of Baca ranch for timber production section shall be by general warranty or other shall be treated as if they were National For- and domesticated livestock grazing insofar deed acceptable to the Secretary and in con- est boundaries existing as of January 1, 1965. as is consistent with the other purposes stat- formity with applicable title standards of (g) PUEBLO OF SANTA CLARA.— ed herein. the Attorney General. (1) IN GENERAL.—The Secretary may assign SEC. 103. DEFINITIONS. (b) ADDITION OF LAND TO BANDELIER NA- to the Pueblo of Santa Clara rights to ac- In this title: TIONAL MONUMENT.—Upon acquisition of the quire for fair market value portions of the (1) BACA RANCH.—The term ‘‘Baca ranch’’ Baca ranch under subsection (a), the Sec- Baca ranch. The portion that may be as- means the lands and facilities described in retary of the Interior shall assume adminis- signed shall be determined by mutual agree- this section 104(a). trative jurisdiction over those lands within ment between the Pueblo and the Secretary

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2801 based on optimal management consider- State of New Mexico, designate zones where title 31, United States Code (commonly re- ations for the Preserve including manage- and establish periods when no hunting, fish- ferred to as the Government Corporation able land line locations, public access, and ing, or trapping shall be permitted for rea- Control Act). Financial statements of the retention of scenic and natural values. All sons of public safety, administration, the Trust shall be audited annually in accord- appraisals shall be done in conformity with protection of nongame species and their ance with section 9105 of title 31 of the the Uniform Appraisal Standards for Federal habitats, or public use and enjoyment. United States Code. Land Acquisition. (g) REDONDO PEAK.— (2) REPORTS.—Not later than January 15 of (2) STATUS OF LAND ACQUIRED.—As of the (1) IN GENERAL.—For the purposes of pre- each year, the Trust shall submit to the Sec- date of acquisition, the fee title lands, and serving the natural, cultural, religious, and retary and the Committees of Congress a any mineral estate underlying such lands, historic resources on Redondo Peak upon ac- comprehensive and detailed report of its op- acquired under this subsection by the Pueblo quisition of the Baca ranch under section erations, activities, and accomplishments for of Santa Clara are deemed transferred into 104(a), except as provided in paragraph (2), the prior year including information on the trust in the name of the United States for within the area of Redondo Peak above 10,000 status of ecological, cultural, and financial the benefit of the Pueblo of Santa Clara and feet in elevation— resources being managed by the Trust, and such lands and mineral estate are declared to (A) no roads, structures, or facilities shall benefits provided by the Preserve to local be part of the existing Santa Clara Indian be constructed; and communities. The report shall also include a Reservation. (B) no motorized access shall be allowed. section that describes the Trust’s goals for (3) MINERAL ESTATE.—Any mineral estate (2) EXCEPTIONS.—Nothing in this sub- the current year. acquired by the United States pursuant to section shall preclude— (3) ANNUAL BUDGET.— section 104(e) underlying fee title lands ac- (A) the use and maintenance of roads and (A) IN GENERAL.—The Trust shall prepare quired by the Pueblo of Santa Clara shall not trails existing as of the date of enactment of an annual budget with the goal of achieving be developed without the consent of the Sec- this Act; a financially self-sustaining operation with- retary of the Interior and the Pueblo of (B) the construction, use and maintenance in 15 full fiscal years after the date of acqui- Santa Clara. of new trails, and the relocation of existing sition of the Baca ranch under section 104(a). (4) SAVINGS.—Any reservations, easements, roads, if located to avoid Native American (B) BUDGET REQUEST.—The Secretary shall and covenants contained in an assignment religious and cultural sites; and provide necessary assistance (including agreement entered into under paragraph (1) (C) motorized access necessary to admin- detailees as necessary) to the Trust for the shall not be affected by the acquisition of ister the area by the Trust (including meas- timely formulation and submission of the the Baca ranch by the United States, the as- ures required in emergencies involving the annual budget request for appropriations, as sumption of management by the Valles health or safety of persons within the area). authorized under section 111(a), to support Caldera Trust, or the lands acquired by the SEC. 106. THE VALLES CALDERA TRUST. the administration, operation, and mainte- Pueblo being taken into trust. (a) ESTABLISHMENT.—There is hereby es- nance of the Preserve. SEC. 105. THE VALLES CALDERA NATIONAL PRE- tablished a wholly owned government cor- (f) TAXES.—The Trust and all properties SERVE. poration known as the Valles Caldera Trust administered by the Trust shall be exempt (a) ESTABLISHMENT.—Upon the date of ac- which is empowered to conduct business in from all taxes and special assessments of quisition of the Baca ranch under section the State of New Mexico and elsewhere in every kind by the State of New Mexico, and 104(a), there is hereby established the Valles the United States in furtherance of its cor- its political subdivisions including the coun- Caldera National Preserve as a unit of the porate purposes. ties of Sandoval and Rio Arriba. National Forest System which shall include (b) CORPORATE PURPOSES.—The purposes of (g) DONATIONS.—The Trust may solicit and all Federal lands and interests in land ac- the Trust are— accept donations of funds, property, supplies, quired under sections 104(a) and 104(e), ex- (1) to provide management and administra- or services from individuals, foundations, cept those lands and interests in land admin- tive services for the Preserve; corporations, and other private or public en- istered or held in trust by the Secretary of (2) to establish and implement manage- tities for the purposes of carrying out its du- the Interior under sections 104(b) and 104(g), ment policies which will best achieve the ties. The Secretary, prior to assumption of and shall be managed in accordance with the purposes and requirements of this title; management of the Preserve by the Trust, purposes and requirements of this title. (3) to receive and collect funds from pri- and the Trust thereafter, may accept dona- (b) PURPOSES.—The purposes for which the vate and public sources and to make disposi- tions from such entities notwithstanding Preserve is established are to protect and tions in support of the management and ad- that such donors may conduct business with preserve the scientific, scenic, geologic, wa- ministration of the Preserve; and the Department of Agriculture or any other tershed, fish, wildlife, historic, cultural, and (4) to cooperate with Federal, State, and department or agency of the United States. recreational values of the Preserve, and to local governmental units, and with Indian (h) PROCEEDS.— provide for multiple use and sustained yield tribes and Pueblos, to further the purposes (1) IN GENERAL.—Notwithstanding sections of renewable resources within the Preserve, for which the Preserve was established. 1341 and 3302 of title 31 of the United States consistent with this title. (c) NECESSARY POWERS.—The Trust shall Code, all monies received from donations (c) MANAGEMENT AUTHORITY.—Except for have all necessary and proper powers for the under subsection (g) or from the manage- the powers of the Secretary enumerated in exercise of the authorities vested in it. ment of the Preserve shall be retained and this title, the Preserve shall be managed by (d) STAFF.— shall be available, without further appropria- the Valles Caldera Trust established by sec- (1) IN GENERAL.—The Trust is authorized to tion, for the administration, preservation, tion 106. appoint and fix the compensation and duties restoration, operation and maintenance, im- (d) ELIGIBILITY FOR PAYMENT IN LIEU OF of an executive director and such other offi- provement, repair, and related expenses in- TAXES.—Lands acquired by the United States cers and employees as it deems necessary curred with respect to properties under its under section 104(a) shall constitute entitle- without regard to the provisions of title 5, management jurisdiction. ment lands for purposes of the Payment in United States Code, governing appointments (2) FUND.—There is hereby established in Lieu of Taxes Act (31 U.S.C. 6901–6904). in the competitive service, and may pay the Treasury of the United States a special (e) WITHDRAWALS.— them without regard to the provisions of interest bearing fund entitled ‘‘Valles (1) IN GENERAL.—Upon acquisition of all in- chapter 51, and subchapter III of chapter 53, Caldera Fund’’ which shall be available, terests in minerals within the boundaries of title 5, United States Code, relating to clas- without further appropriation for any pur- the Baca ranch under section 104(e), subject sification and General Schedule pay rates. pose consistent with the purposes of this to valid existing rights, the lands comprising No employee of the Trust shall be paid at a title. At the option of the Trust, or the Sec- the Preserve are thereby withdrawn from rate in excess of that payable to the Super- retary in accordance with section 110, the disposition under all laws pertaining to min- visor of the Santa Fe National Forest or the Secretary of the Treasury shall invest excess eral leasing, including geothermal leasing. Superintendent of the Bandelier National monies of the Trust in such account, which (2) MATERIALS FOR ROADS AND FACILITIES.— Monument, whichever is greater. shall bear interest at rates determined by Nothing in this title shall preclude the Sec- (2) FEDERAL EMPLOYEES.— the Secretary of the Treasury taking into retary, prior to assumption of management (A) IN GENERAL.—Except as provided in this consideration the current average market of the Preserve by the Trust, and the Trust title, employees of the Trust shall be Federal yield on outstanding marketable obligations thereafter, from allowing the utilization of employees as defined by title 5, United of the United States of comparable maturity. common varieties of mineral materials such States Code, and shall be subject to all (i) RESTRICTIONS ON DISPOSITION OF RE- as sand, stone, and gravel as necessary for rights and obligations applicable thereto. CEIPTS.—Any funds received by the Trust, or construction and maintenance of roads and (B) USE OF FEDERAL EMPLOYEES.—At the re- the Secretary in accordance with section facilities within the Preserve. quest of the Trust, the employees of any 109(b), from the management of the Preserve (f) FISH AND GAME.—Nothing in this title Federal agency may be provided for imple- shall not be subject to partial distribution to shall be construed as affecting the respon- mentation of this title. Such employees de- the State under— sibilities of the State of New Mexico with re- tailed to the Trust for more than 30 days (1) the Act of May 23, 1908, entitled ‘‘an Act spect to fish and wildlife, including the regu- shall be provided on a reimbursable basis. making appropriations for the Department lation of hunting, fishing, and trapping with- (e) GOVERNMENT CORPORATION.— of Agriculture for the fiscal year ending in the Preserve, except that the Trust may, (1) IN GENERAL.—The Trust shall be a Gov- June thirtieth, nineteen hundred and nine’’ in consultation with the Secretary and the ernment Corporation subject to chapter 91 of (35 Stat. 260, chapter 192; 16 U.S.C. 500);

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2802 CONGRESSIONAL RECORD — SENATE April 13, 2000

(2) section 13 of the Act of March 1, 1911 (36 (1) IN GENERAL.—Appointed trustees shall (c) AUTHORITIES.— Stat. 963, chapter 186; 16 U.S.C. 500); or each serve a term of 4 years, except that of (1) IN GENERAL.—The Trust shall develop (3) any other law. the trustees first appointed, 4 shall serve for programs and activities at the Preserve, and (j) SUITS.—The Trust may sue and be sued a term of 4 years, and 3 shall serve for a term shall have the authority to negotiate di- in its own name to the same extent as the of 2 years. rectly and enter into such agreements, Federal Government. For purposes of such (2) VACANCIES.—Any vacancy among the leases, contracts and other arrangements suits, the residence of the Trust shall be the appointed trustees shall be filled in the same with any person, firm, association, organiza- State of New Mexico. The Trust shall be rep- manner in which the original appointment tion, corporation or governmental entity, in- resented by the Attorney General in any liti- was made, and any trustee appointed to fill cluding without limitation, entities of Fed- gation arising out of the activities of the a vacancy shall serve for the remainder of eral, State, and local governments, and con- Trust, except that the Trust may retain pri- that term for which his or her predecessor sultation with Indian tribes and pueblos, as vate attorneys to provide advice and counsel. was appointed. are necessary and appropriate to carry out (k) BYLAWS.—The Trust shall adopt nec- (3) LIMITATIONS.—No appointed trustee its authorized activities or fulfill the pur- essary bylaws to govern its activities. may serve more than 8 years in consecutive poses of this title. Any such agreements may (l) INSURANCE AND BOND.—The Trust shall terms. be entered into without regard to section 321 require that all holders of leases from, or (d) QUORUM.—A majority of trustees shall of the Act of June 30, 1932 (40 U.S.C. 303b). parties in contract with, the Trust that are constitute a quorum of the Board for the (2) PROCEDURES.—The Trust shall establish authorized to occupy, use, or develop prop- conduct of business. procedures for entering into lease agree- erties under the management jurisdiction of (e) ORGANIZATION AND COMPENSATION.— ments and other agreements for the use and the Trust, procure proper insurance against (1) IN GENERAL.—The Board shall organize occupancy of facilities of the Preserve. The any loss in connection with such properties, itself in such a manner as it deems most ap- procedures shall ensure reasonable competi- or activities authorized in such lease or con- propriate to effectively carry out the activi- tion, and set guidelines for determining rea- tract, as is reasonable and customary. ties of the Trust. sonable fees, terms, and conditions for such (m) NAME AND INSIGNIA.—The Trust shall (2) COMPENSATION OF TRUSTEES.—Trustees agreements. have the sole and exclusive right to use the shall serve without pay, but may be reim- (3) LIMITATIONS.—The Trust may not dis- words ‘‘Valles Caldera Trust’’, and any seal, bursed from the funds of the Trust for the ac- pose of any real property in, or convey any emblem, or other insignia adopted by the tual and necessary travel and subsistence ex- water rights appurtenant to the Preserve. Board of Trustees. Without express written penses incurred by them in the performance The Trust may not convey any easement, or authority of the Trust, no person may use of their duties. enter into any contract, lease, or other the words ‘‘Valles Caldera Trust’’ as the (3) CHAIR.—Trustees shall select a chair agreement related to use and occupancy of name under which that person shall do or from the membership of the Board. property within the Preserve for a period purport to do business, for the purpose of (f) LIABILITY OF TRUSTEES.—Appointed greater than 10 years. Any such easement, trade, or by way of advertisement, or in any trustees shall not be considered Federal em- contract, lease, or other agreement shall manner that may falsely suggest any con- ployees by virtue of their membership on the provide that, upon termination of the Trust, nection with the Trust. Board, except for purposes of the Federal such easement, contract, lease or agreement SEC. 107. BOARD OF TRUSTEES. Tort Claims Act, the Ethics in Government is terminated. (a) IN GENERAL.—The Trust shall be gov- Act, and the provisions of chapter 11 of title (4) APPLICATION OF PROCUREMENT LAWS.— erned by a 9-member Board of Trustees con- 18, United States Code. (A) IN GENERAL.—Notwithstanding any sisting of the following: (g) MEETINGS.— other provision of law, Federal laws and reg- (1) VOTING TRUSTEES.—The voting Trustees (1) LOCATION AND TIMING OF MEETINGS.—The ulations governing procurement by Federal shall be— Board shall meet in sessions open to the pub- agencies shall not apply to the Trust, with (A) the Supervisor of the Santa Fe Na- lic at least three times per year in New Mex- the exception of laws and regulations related tional Forest, United States Forest Service; ico. Upon a majority vote made in open ses- to Federal Government contracts governing (B) the Superintendent of the Bandelier sion, and a public statement of the reasons health and safety requirements, wage rates, National Monument, National Park Service; therefore, the Board may close any other and civil rights. and meetings to the public: Provided, That any (B) PROCEDURES.—The Trust, in consulta- (C) 7 individuals, appointed by the Presi- final decision of the Board to adopt or amend tion with the Administrator of Federal Pro- dent, in consultation with the congressional the comprehensive management program curement Policy, Office of Management and delegation from the State of New Mexico. under section 108(d) or to approve any activ- Budget, shall establish and adopt procedures The 7 individuals shall have specific exper- ity related to the management of the land or applicable to the Trust’s procurement of tise or represent an organization or govern- resources of the Preserve shall be made in goods and services, including the award of ment entity as follows— open public session. contracts on the basis of contractor quali- (i) one trustee shall have expertise in as- (2) PUBLIC INFORMATION.—In addition to fications, price, commercially reasonable pects of domesticated livestock manage- other requirements of applicable law, the buying practices, and reasonable competi- ment, production, and marketing, including Board shall establish procedures for pro- tion. range management and livestock business viding appropriate public information and (d) MANAGEMENT PROGRAM.—Within two management; periodic opportunities for public comment years after assumption of management re- (ii) one trustee shall have expertise in the regarding the management of the Preserve. sponsibilities for the Preserve, the Trust management of game and nongame wildlife SEC. 108. RESOURCE MANAGEMENT. shall, in accordance with subsection (f), de- and fish populations, including hunting, fish- (a) ASSUMPTION OF MANAGEMENT.—The velop a comprehensive program for the man- ing, and other recreational activities; Trust shall assume all authority provided by agement of lands, resources, and facilities (iii) one trustee shall have expertise in the this title to manage the Preserve upon a de- within the Preserve to carry out the pur- sustainable management of forest lands for termination by the Secretary, which to the poses under section 105(b). To the extent con- commodity and noncommodity purposes; maximum extent practicable shall be made sistent with such purposes, such program (iv) one trustee shall be active in a non- within 60 days after the appointment of the shall provide for— profit conservation organization concerned Board, that— (1) operation of the Preserve as a working with the activities of the Forest Service; (1) the Board is duly appointed, and able to ranch, consistent with paragraphs (2) (v) one trustee shall have expertise in fi- conduct business; and through (4); nancial management, budget and program (2) provision has been made for essential (2) the protection and preservation of the analysis, and small business operations; management services. scientific, scenic, geologic, watershed, fish, (vi) one trustee shall have expertise in the (b) MANAGEMENT RESPONSIBILITIES.—Upon wildlife, historic, cultural and recreational cultural and natural history of the region; assumption of management of the Preserve values of the Preserve; and under subsection (a), the Trust shall manage (3) multiple use and sustained yield of re- (vii) one trustee shall be active in State or the land and resources of the Preserve and newable resources within the Preserve; local government in New Mexico, with exper- the use thereof including, but not limited to (4) public use of and access to the Preserve tise in the customs of the local area. such activities as— for recreation; (2) QUALIFICATIONS.—Of the trustees ap- (1) administration of the operations of the (5) renewable resource utilization and man- pointed by the President— Preserve; agement alternatives that, to the extent (A) none shall be employees of the Federal (2) preservation and development of the practicable— Government; and land and resources of the Preserve; (A) benefit local communities and small (B) at least five shall be residents of the (3) interpretation of the Preserve and its businesses; State of New Mexico. history for the public; (B) enhance coordination of management (b) INITIAL APPOINTMENTS.—The President (4) management of public use and occu- objectives with those on surrounding Na- shall make the initial appointments to the pancy of the Preserve; and tional Forest System land; and Board of Trustees within 90 days after acqui- (5) maintenance, rehabilitation, repair, and (C) provide cost savings to the Trust sition of the Baca ranch under section 104(a). improvement of property within the Pre- through the exchange of services, including (c) TERMS.— serve. but not limited to labor and maintenance of

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2803 facilities, for resources or services provided agreement with the Trust to the extent gen- managing the Preserve in accordance with by the Trust; and erally authorized in other units of the Na- the responsibilities and authorities provided (6) optimizing the generation of income tional Forest System. The Trust shall be to the Trust under section 108. based on existing market conditions, to the deemed a Federal agency for purposes of the (c) SECRETARIAL AUTHORITY.—The Sec- extent that it does not unreasonably dimin- law enforcement authorities of the Secretary retary retains the authority to suspend any ish the long-term scenic and natural values (within the meaning of section 15008 of the decision of the Board with respect to the of the area, or the multiple use and sus- National Forest System Drug Control Act of management of the Preserve if he finds that tained yield capability of the land. 1986 (16 U.S.C. 559g)). At the request of the the decision is clearly inconsistent with this (e) PUBLIC USE AND RECREATION.— Trust, the Secretary may provide fire title. Such authority shall only be exercised (1) IN GENERAL.—The Trust shall give thor- presuppression, fire suppression, and reha- personally by the Secretary, and may not be ough consideration to the provision of appro- bilitation services: Provided, That the Trust delegated. Any exercise of this authority priate opportunities for public use and recre- shall reimburse the Secretary for salaries shall be in writing to the Board, and notifi- ation that are consistent with the other pur- and expenses of fire management personnel, cation of the decision shall be given to the poses under section 105(b). The Trust is ex- commensurate with services provided. Committees of Congress. Any suspended de- pressly authorized to construct and upgrade SEC. 109. AUTHORITIES OF THE SECRETARY. cision shall be referred back to the Board for roads and bridges, and provide other facili- (a) IN GENERAL.—Notwithstanding the as- reconsideration. ties for activities including, but not limited sumption of management of the Preserve by (d) ACCESS.—The Secretary shall at all to camping and picnicking, hiking, and cross the Trust, the Secretary is authorized to— times have access to the Preserve for admin- country skiing. Roads, trails, bridges, and istrative purposes. recreational facilities constructed within the (1) issue any rights-of-way, as defined in SEC. 110. TERMINATION OF THE TRUST. Preserve shall meet public safety standards the Federal Land Policy and Management (a) IN GENERAL.—The Valles Caldera Trust applicable to units of the National Forest Act of 1976, of over 10 years duration, in co- shall terminate at the end of the twentieth System and the State of New Mexico. operation with the Trust, including, but not limited to, road and utility rights-of-way, full fiscal year following acquisition of the (2) FEES.—Notwithstanding any other pro- Baca ranch under section 104(a). vision of law, the Trust is authorized to as- and communication sites; (b) RECOMMENDATIONS.— sess reasonable fees for admission to, and the (2) issue orders under and enforce prohibi- (1) BOARD.— use and occupancy of, the Preserve: Provided, tions generally applicable on other units of (A) If after the fourteenth full fiscal years That admission fees and any fees assessed for the National Forest System, in cooperation from the date of acquisition of the Baca recreational activities shall be implemented with the Trust; only after public notice and a period of not (3) exercise the authorities of the Sec- ranch under section 104(a), the Board be- less than 60 days for public comment. retary under the Wild and Scenic Rivers Act lieves the Trust has met the goals and objectives of the comprehensive management pro- (3) PUBLIC ACCESS.—Upon the acquisition of (16 U.S.C. 1278, et seq.) and the Federal the Baca ranch under section 104(a), and Power Act (16 U.S.C. 797, et seq.), in coopera- gram under section 108(d), but has not be- after an interim planning period of no more tion with the Trust; come financially self-sustaining, the Board than two years, the public shall have reason- (4) acquire the mineral rights referred to in may submit to the Committees of Congress, able access to the Preserve for recreation section 104(e); a recommendation for authorization of ap- purposes. The Secretary, prior to assumption (5) provide law enforcement and fire man- propriations beyond that provided under this of management of the Preserve by the Trust, agement services under section 108(g); title. and the Trust thereafter, may reasonably (6) at the request of the Trust, exchange (B) During the eighteenth full fiscal year limit the number and types of recreational land or interests in land within the Preserve from the date of acquisition of the Baca admissions to the Preserve, or any part under laws generally applicable to other ranch under section 104(a), the Board shall thereof, based on the capability of the land, units of the National Forest System, or oth- submit to the Secretary its recommendation resources, and facilities. The use of reserva- erwise dispose of land or interests in land that the Trust be either extended or termi- tion or lottery systems is expressly author- within the Preserve under Public Law 97–465 nated including the reasons for such rec- ized to implement this paragraph. (16 U.S.C. 521c through 521i); ommendation. (f) APPLICABLE LAWS.— (7) in consultation with the Trust, refer (2) SECRETARY.—Within 120 days after re- (1) IN GENERAL.—The Trust, and the Sec- civil and criminal cases pertaining to the ceipt of the recommendation of the Board retary in accordance with section 109(b), Preserve to the Department of Justice for under paragraph (1)(B), the Secretary shall shall administer the Preserve in conformity prosecution; submit to the Committees of Congress the with this title and all laws pertaining to the (8) retain title to and control over fossils Board’s recommendation on extension or ter- National Forest System, except the Forest and archaeological artifacts found within the mination along with the recommendation of and Rangeland Renewable Resources Plan- Preserve; the Secretary with respect to the same and ning Act of 1974, as amended (16 U.S.C. 1600 (9) at the request of the Trust, construct stating the reasons for such recommenda- et seq.). and operate a visitors’ center in or near the tion. (2) ENVIRONMENTAL LAWS.—The Trust shall Preserve, subject to the availability of ap- (c) EFFECT OF TERMINATION.—In the event be deemed a Federal agency for the purposes propriated funds; of termination of the Trust, the Secretary of compliance with Federal environmental (10) conduct the assessment of the Trust’s shall assume all management and adminis- laws. performance, and, if the Secretary deter- trative functions over the Preserve, and it (3) CRIMINAL LAWS.—All criminal laws re- mines it necessary, recommend to Congress shall thereafter be managed as a part of the lating to Federal property shall apply to the the termination of the Trust, under section Santa Fe National Forest, subject to all laws same extent as on adjacent units of the Na- 110(b)(2); and applicable to the National Forest System. tional Forest System. (11) conduct such other activities for which (d) ASSETS.—In the event of termination of (4) REPORTS ON APPLICABLE RULES AND REG- express authorization is provided to the Sec- the Trust, all assets of the Trust shall be ULATIONS.—The Trust may submit to the retary by this title. used to satisfy any outstanding liabilities, Secretary and the Committees of Congress a (b) INTERIM MANAGEMENT.— and any funds remaining shall be transferred compilation of applicable rules and regula- (1) IN GENERAL.—The Secretary shall man- to the Secretary for use, without further ap- tions which in the view of the Trust are in- age the Preserve in accordance with this propriation, for the management of the Pre- appropriate, incompatible with this title, or title during the interim period from the date serve. unduly burdensome. of acquisition of the Baca ranch under sec- (e) VALLES CALDERA FUND.—In the event of (5) CONSULTATION WITH TRIBES AND PUEB- tion 104(a) to the date of assumption of man- termination, the Secretary shall assume the LOS.—The Trust is authorized and directed to agement of the Preserve by the Trust under powers of the Trust over funds under section cooperate and consult with Indian tribes and section 108. The Secretary may enter into 106(h), and the Valles Caldera Fund shall not pueblos on management policies and prac- any agreement, lease, contract, or other ar- terminate. Any balances remaining in the tices for the Preserve which may affect rangement on the same basis as the Trust fund shall be available to the Secretary, them. The Trust is authorized to allow the under section 108(c)(1): Provided, That any without further appropriation, for any pur- use of lands within the Preserve for religious agreement, lease, contract, or other arrange- pose consistent with the purposes of this and cultural uses by Native Americans and, ment entered into by the Secretary shall not title. in so doing, may set aside places and times exceed two years in duration unless ex- SEC. 111. LIMITATIONS ON FUNDING. of exclusive use consistent with the Amer- pressly extended by the Trust upon its as- (a) AUTHORIZATION OF APPROPRIATIONS.— ican Indian Religious Freedom Act (42 U.S.C. sumption of management of the Preserve. There is hereby authorized to be appro- 1996 (note)) and other applicable statutes. (2) USE OF THE FUND.—All monies received priated to the Secretary and the Trust such (6) NO ADMINISTRATIVE APPEAL.—The ad- by the Secretary from the management of funds as are necessary for them to carry out ministrative appeals regulations of the Sec- the Preserve during the interim period under the purposes of this title for each of the 15 retary shall not apply to activities of the paragraph (1) shall be deposited into the full fiscal years after the date of acquisition Trust and decisions of the Board. ‘‘Valles Caldera Fund’’ established under sec- of the Baca ranch under section 104(a). (g) LAW ENFORCEMENT AND FIRE MANAGE- tion 106(h)(2), and such monies in the fund (b) SCHEDULE OF APPROPRIATIONS.—Within MENT.—The Secretary shall provide law en- shall be available to the Secretary, without two years after the first meeting of the forcement services under a cooperative further appropriation, for the purpose of Board, the Trust shall submit to Congress a

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2804 CONGRESSIONAL RECORD — SENATE April 13, 2000

plan which includes a schedule of annual de- from Federal acquisition of the land on a pri- (5) SECRETARY.—The term ‘‘Secretary’’ creasing appropriated funds that will ority basis; means the Secretary of the Interior. achieve, at a minimum, the financially self- (11) proceeds generated from the disposal SEC. 204. IDENTIFICATION OF INHOLDINGS. sustained operation of the Trust within 15 of public land may be properly dedicated to (a) IN GENERAL.—The Secretary and the full fiscal years after the date of acquisition the acquisition of inholdings and other land Secretary of Agriculture shall establish a of the Baca ranch under section 104(a). that will improve the resource management procedure to— SEC. 112. GENERAL ACCOUNTING OFFICE STUDY. ability of the Federal land management (1) identify, by State, inholdings for which (a) INITIAL STUDY.—Three years after the agencies and adjoining landowners; the landowner has indicated a desire to sell assumption of management by the Trust, the (12) using proceeds generated from the dis- the land or interest therein to the United General Accounting Office shall conduct an posal of public land to purchase inholdings States; and interim study of the activities of the Trust and other such land from willing sellers (2) prioritize the acquisition of inholdings and shall report the results of the study to would enhance the ability of the Federal in accordance with section 206(c)(3). the Committees of Congress. The study shall land management agencies to— (b) PUBLIC NOTICE.—As soon as practicable include, but shall not be limited to, details (A) work cooperatively with private land- after the date of enactment of this title and of programs and activities operated by the owners and State and local governments; and periodically thereafter, the Secretary and Trust and whether it met its obligations (B) promote consolidation of the ownership the Secretary of Agriculture shall provide under this title. of public and private land in a manner that public notice of the procedures referred to in (b) SECOND STUDY.—Seven years after the would allow for better overall resource man- subsection (a), including any information assumption of management by the Trust, the agement; necessary for the consideration of an General Accounting Office shall conduct a (13) in certain locations, the sale of public inholding under section 206. Such notice study of the activities of the Trust and shall land that has been identified for disposal is shall include publication in the Federal Reg- report the results of the study to the Com- the best way for the public to receive fair ister and by such other means as the Sec- mittees of Congress. The study shall provide market value for the land; and retary and the Secretary of Agriculture dean assessment of any failure to meet obliga- (14) to allow for the least disruption of ex- termine to be appropriate. tions that may be identified under sub- isting land and resource management pro- (c) IDENTIFICATION.—An inholding— section (a), and further evaluation on the grams, the Bureau of Land Management may (1) shall be considered for identification ability of the Trust to meet its obligations use non-Federal entities to prepare appraisal under this section only if the Secretary or under this title. documents for agency review and approval the Secretary of Agriculture receive notifi- TITLE II—FEDERAL LAND TRANSACTION consistent with applicable provisions of the cation of a desire to sell from the landowner FACILITATION Uniform Standards for Federal Land Acquisi- in response to public notice given under sub- SEC. 201. SHORT TITLE. tion. section (b); and This title may be cited as the ‘‘Federal SEC. 203. DEFINITIONS. (2) shall be deemed to have been estab- Land Transaction Facilitation Act’’. In this title: lished as of the later of— SEC. 202. FINDINGS. (1) EXCEPTIONAL RESOURCE.—The term ‘‘ex- (A) the earlier of— Congress finds that— ceptional resource’’ means a resource of sci- (i) the date on which the land was with- (1) the Bureau of Land Management has entific, natural, historic, cultural, or rec- drawn from the public domain; or authority under the Federal Land Policy and reational value that has been documented by (ii) the date on which the land was estab- Management Act of 1976 (43 U.S.C. 1701 et a Federal, State, or local governmental au- lished or designated for special management; seq.) to sell land identified for disposal under thority, and for which there is a compelling or its land use planning; need for conservation and protection under (B) the date on which the inholding was ac- (2) the Bureau of Land Management has the jurisdiction of a Federal agency in order quired by the current owner. authority under that Act to exchange Fed- to maintain the resource for the benefit of (d) NO OBLIGATION TO CONVEY OR AC- eral land for non-Federal land if the ex- the public. QUIRE.—The identification of an inholding change would be in the public interest; (2) FEDERALLY DESIGNATED AREA.—The under this section creates no obligation on (3) through land use planning under that term ‘‘federally designated area’’ means land the part of a landowner to convey the Act, the Bureau of Land Management has in Alaska and the eleven contiguous Western inholding or any obligation on the part of identified certain tracts of public land for States (as defined in section 103(o) of the the United States to acquire the inholding. disposal; Federal Land Policy and Management Act of SEC. 205. DISPOSAL OF PUBLIC LAND. (4) the Federal land management agencies 1976 (43 U.S.C. 1702(o))) that on the date of (a) IN GENERAL.—The Secretary shall es- of the Departments of the Interior and Agri- enactment of this Act was within the bound- tablish a program, using funds made avail- culture have authority under existing law to ary of— able under section 206, to complete apprais- acquire land consistent with the mission of (A) a national monument, area of critical als and satisfy other legal requirements for each agency; environmental concern, national conserva- the sale or exchange of public land identified (5) the sale or exchange of land identified tion area, national riparian conservation for disposal under approved land use plans for disposal and the acquisition of certain area, national recreation area, national sce- (as in effect on the date of enactment of this non-Federal land from willing landowners nic area, research natural area, national out- Act) under section 202 of the Federal Land would— standing natural area, or a national natural Policy and Management Act of 1976 (43 (A) allow for the reconfiguration of land landmark managed by the Bureau of Land U.S.C. 1712). ownership patterns to better facilitate re- Management; (b) SALE OF PUBLIC LAND.— source management; (B) a unit of the National Park System; (1) IN GENERAL.—The sale of public land so (B) contribute to administrative efficiency (C) a unit of the National Wildlife Refuge identified shall be conducted in accordance within Federal land management units; and System; with sections 203 and 209 of the Federal Land (C) allow for increased effectiveness of the (D) an area of the National Forest System Policy and Management Act of 1976 (43 allocation of fiscal and human resources designated for special management by an U.S.C. 1713, 1719). within the Federal land management agen- Act of Congress; or (2) EXCEPTIONS TO COMPETITIVE BIDDING RE- cies; (E) an area within which the Secretary or QUIREMENTS.—The exceptions to competitive (6) a more expeditious process for disposal the Secretary of Agriculture is otherwise au- bidding requirements under section 203(f) of and acquisition of land, established to facili- thorized by law to acquire lands or interests the Federal Land Policy and Management tate a more effective configuration of land therein that is designated as— Act of 1976 (43 U.S.C. 1713(f)) shall apply to ownership patterns, would benefit the public (i) wilderness under the Wilderness Act (16 this section in cases in which the Secretary interest; U.S.C. 1131 et seq.); determines it to be necessary. (7) many private individuals own land (ii) a wilderness study area; (c) REPORT IN PUBLIC LAND STATISTICS.— within the boundaries of Federal land man- (iii) a component of the Wild and Scenic The Secretary shall provide in the annual agement units and desire to sell the land to Rivers System under the Wild and Scenic publication of Public Land Statistics, a re- the Federal Government; Rivers Act (16 U.S.C. 1271 et seq.); or port of activities under this section. (8) such land lies within national parks, (iv) a component of the National Trails (d) TERMINATION OF AUTHORITY.—The au- national monuments, national wildlife ref- System under the National Trails System thority provided under this section shall ter- uges, national forests, and other areas des- Act (16 U.S.C. 1241 et seq.). minate 10 years after the date of enactment ignated for special management; (3) INHOLDING.—The term ‘‘inholding’’ of this Act. (9) Federal land management agencies are means any right, title, or interest, held by a SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT. facing increased workloads from rapidly non-Federal entity, in or to a tract of land (a) DEPOSIT OF PROCEEDS.—Notwith- growing public demand for the use of public that lies within the boundary of a federally standing any other law (except a law that land, making it difficult for Federal man- designated area. specifically provides for a proportion of the agers to address problems created by the ex- (4) PUBLIC LAND.—The term ‘‘public land’’ proceeds to be distributed to any trust funds istence of inholdings in many areas; means public lands (as defined in section 103 of any States), the gross proceeds of the sale (10) in many cases, inholders and the Fed- of the Federal Land Policy and Management or exchange of public land under this Act eral Government would mutually benefit Act of 1976 (43 U.S.C. 1702)). shall be deposited in a separate account in

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2805 the Treasury of the United States to be under section 3 of the Land and Water Con- governmental enterprise that has an expertise or known as the ‘‘Federal Land Disposal Ac- servation Fund Act (16 U.S.C. 460l–6). capability that relates to methane hydrate re- count’’. SEC. 207. SPECIAL PROVISIONS. search and development. (b) AVAILABILITY.—Amounts in the Federal (a) IN GENERAL.—Nothing in this title pro- (6) INSTITUTION OF HIGHER EDUCATION.—The Land Disposal Account shall be available to vides an exemption from any limitation on term ‘‘institution of higher education’’ means the Secretary and the Secretary of Agri- the acquisition of land or interest in land an institution of higher education, within the culture, without further Act of appropria- under any Federal Law in effect on the date meaning of section 102(a) of the Higher Edu- tion, to carry out this title. of enactment of this Act. cation Act of 1965 (20 U.S.C. 1002(a)). (c) USE OF THE FEDERAL LAND DISPOSAL AC- (b) OTHER LAW.—This title shall not apply (7) SECRETARY.—The term ‘‘Secretary’’ means COUNT.— to land eligible for sale under— the Secretary of Energy, acting through the As- (1) IN GENERAL.—Funds in the Federal Land (1) Public Law 96–568 (commonly known as sistant Secretary for Fossil Energy. Disposal Account shall be expended in ac- the ‘‘Santini-Burton Act’’) (94 Stat. 3381); or (8) SECRETARY OF COMMERCE.—The term ‘‘Sec- cordance with this subsection. (2) the Southern Nevada Public Land Man- retary of Commerce’’ means the Secretary of (2) FUND ALLOCATION.— agement Act of 1998 (112 Stat. 2343). Commerce, acting through the Administrator of (A) PURCHASE OF LAND.—Except as author- (c) EXCHANGES.—Nothing in this title pre- the National Oceanic and Atmospheric Adminis- ized under subparagraph (C), funds shall be cludes, preempts, or limits the authority to tration. used to purchase lands or interests therein exchange land under authorities providing (9) SECRETARY OF DEFENSE.—The term ‘‘Sec- that are otherwise authorized by law to be for the exchange of Federal lands, including retary of Defense’’ means the Secretary of De- acquired, and that are— but not limited to— fense, acting through the Secretary of the Navy. (i) inholdings; and (10) SECRETARY OF THE INTERIOR.—The term (1) the Federal Land Policy and Manage- (ii) adjacent to federally designated areas ‘‘Secretary of the Interior’’ means the Secretary ment Act of 1976 (43 U.S.C. 1701 et seq.); or and contain exceptional resources. of the Interior, acting through the Director of (2) the Federal Land Exchange Facilitation (B) INHOLDINGS.—Not less than 80 percent the United States Geological Survey and the Di- Act of 1988 (102 Stat. 1086) or the amend- of the funds allocated for the purchase of rector of the Minerals Management Service. ments made by that Act. land within each State shall be used to ac- SEC. 3. METHANE HYDRATE RESEARCH AND DE- (d) NO NEW RIGHT OR BENEFIT.—Nothing in quire inholdings identified under section 204. VELOPMENT PROGRAM. this Act creates a right or benefit, sub- (C) ADMINISTRATIVE AND OTHER EXPENSES.— (a) IN GENERAL.— stantive or procedural, enforceable at law or An amount not to exceed 20 percent of the (1) COMMENCEMENT OF PROGRAM.—Not later funds deposited in the Federal Land Disposal in equity by a party against the United than 180 days after the date of the enactment of Account may be used by the Secretary for States, its agencies, its officers, or any other this Act, the Secretary, in consultation with the administrative and other expenses necessary person. Secretary of Commerce, the Secretary of De- to carry out the land disposal program under The Committee amendment in the fense, the Secretary of the Interior, and the Di- section 205. nature of a substitute was agreed to. rector, shall commence a program of methane (D) SAME STATE PURCHASES.—Of the The bill (S. 1892), as amended, was hydrate research and development in accord- amounts not used under subparagraph (C), passed. ance with this section. not less than 80 percent shall be expended The title was amended so as to read: (2) DESIGNATIONS.—The Secretary, the Sec- within the State in which the funds were A bill to provide for a land conveyance to retary of Commerce, the Secretary of Defense, generated. Any remaining funds may be ex- the City of Craig, Alaska, and for other pur- the Secretary of the Interior, and the Director pended in any other State. poses. shall designate individuals to carry out this sec- (3) PRIORITY.—The Secretary and the Sec- tion. f retary of Agriculture shall develop a proce- (3) COORDINATION.—The individual des- dure for prioritizing the acquisition of METHANE HYDRATE RESEARCH ignated by the Secretary shall coordinate all ac- inholdings and non-Federal lands with excep- AND DEVELOPMENT ACT OF 2000 tivities within the Department of Energy relat- tional resources as provided in paragraph (2). ing to methane hydrate research and develop- Such procedure shall consider— Mr. SESSIONS. Mr. President, I ask ment. (A) the date the inholding was established the Chair lay before the Senate a mes- (4) MEETINGS.—The individuals designated (as provided in section 204(c)); sage from the House of Representatives under paragraph (2) shall meet not later than (B) the extent to which acquisition of the on the bill (H.R. 1753) to promote the 270 days after the date of the enactment of this land or interest therein will facilitate man- research, identification, assessment, Act and not less frequently than every 120 days agement efficiency; and exploration, and development of gas thereafter to— (C) such other criteria as the Secretary (A) review the progress of the program under and the Secretary of Agriculture deem ap- hydrate resources, and for other pur- paragraph (1); and propriate. poses, (B) make recommendations on future activities (4) BASIS OF SALE.—Any land acquired The PRESIDING OFFICER laid be- to occur subsequent to the meeting. under this section shall be— fore the Senate the following message (b) GRANTS, CONTRACTS, COOPERATIVE AGREE- (A) from a willing seller; from the House of Representatives: MENTS, INTERAGENCY FUNDS TRANSFER AGREE- (B) contingent on the conveyance of title Resolved, That the House agree to the MENTS, AND FIELD WORK PROPOSALS.— acceptable to the Secretary, or the Secretary amendment of the Senate to the title; and (1) ASSISTANCE AND COORDINATION.—In car- of Agriculture in the case of an acquisition agree to the amendment of the Senate to the rying out the program of methane hydrate re- of National Forest System land, using title text to the bill (H.R. 1753) entitled ‘‘An Act search and development authorized by this sec- standards of the Attorney General; to promote the research, identification, as- tion, the Secretary may award grants or con- (C) at a price not to exceed fair market sessment, exploration, and development of tracts to, or enter into cooperative agreements value consistent with applicable provisions gas hydrate resources, and for other pur- with, institutions of higher education and in- of the Uniform Appraisal Standards for Fed- poses’’, with the following amendment: dustrial enterprises to— eral Land Acquisitions; and In lieu of the matter proposed to be in- (A) conduct basic and applied research to (D) managed as part of the unit within serted by the Senate amendment, insert the identify, explore, assess, and develop methane which it is contained. following: hydrate as a source of energy; (d) CONTAMINATED SITES AND SITES DIF- (B) assist in developing technologies required SECTION 1. SHORT TITLE. FICULT AND UNECONOMIC TO MANAGE.—Funds for efficient and environmentally sound devel- This Act may be cited as the ‘‘Methane Hy- in the Federal Land Disposal Account shall opment of methane hydrate resources; drate Research and Development Act of 2000’’. not be used to purchase land or an interest in (C) undertake research programs to provide land that, as determined by the Secretary or SEC. 2. DEFINITIONS. safe means of transport and storage of methane the Secretary of Agriculture— In this Act: produced from methane hydrates; (1) contains a hazardous substances or is (1) CONTRACT.—The term ‘‘contract’’ means a (D) promote education and training in meth- otherwise contaminated; or procurement contract within the meaning of sec- ane hydrate resource research and resource de- (2) because of the location or other charac- tion 6303 of title 31, United States Code. velopment; teristics of the land, would be difficult or un- (2) COOPERATIVE AGREEMENT.—The term ‘‘co- (E) conduct basic and applied research to as- economic to manage as Federal land. operative agreement’’ means a cooperative sess and mitigate the environmental impacts of (e) LAND AND WATER CONSERVATION FUND agreement within the meaning of section 6305 of hydrate degassing (including both natural ACT.—Funds made available under this sec- title 31, United States Code. degassing and degassing associated with com- tion shall be supplemental to any funds ap- (3) DIRECTOR.—The term ‘‘Director’’ means mercial development); propriated under the Land and Water Con- the Director of the National Science Founda- (F) develop technologies to reduce the risks of servation Fund Act (16 U.S.C. 460l–4 et seq.). tion. drilling through methane hydrates; and (f) TERMINATION.—On termination of ac- (4) GRANT.—The term ‘‘grant’’ means a grant (G) conduct exploratory drilling in support of tivities under section 205— awarded under a grant agreement, within the the activities authorized by this paragraph. (1) the Federal Land Disposal Account meaning of section 6304 of title 31, United States (2) COMPETITIVE MERIT-BASED REVIEW.— shall be terminated; and Code. Funds made available under paragraph (1) shall (2) any remaining balance in the account (5) INDUSTRIAL ENTERPRISE.—The term ‘‘in- be made available based on a competitive merit- shall become available for appropriation dustrial enterprise’’ means a private, non- based process.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 6333 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2806 CONGRESSIONAL RECORD — SENATE April 13, 2000 (c) CONSULTATION.—The Secretary shall estab- (3) $11,000,000 for fiscal year 2003; and gas recovery. Hydrates determine lish an advisory panel consisting of experts from (4) $12,000,000 for fiscal year 2004; and the stability and strength of the sea industrial enterprises, institutions of higher (5) $12,000,000 for fiscal year 2005. floor—when the hydrates are desta- education, and Federal agencies to— Amounts authorized under this section shall re- bilized, the resulting gas release can main available until expended. (1) advise the Secretary on potential applica- undermine oil platforms and sink drill- tions of methane hydrate; SEC. 6. SUNSET. (2) assist in developing recommendations and Section 3 of this Act shall cease to be effective ing ships. Methane hydrates release 160 priorities for the methane hydrate research and after the end of fiscal year 2005. volumes of gas for every volume of hy- development program carried out under sub- SEC. 7. NATIONAL RESEARCH COUNCIL STUDY. drate—and many existing hydrate for- section (a)(1); and The Secretary shall enter into an agreement mations are very unstable. Even a (3) not later than 2 years after the date of the with the National Research Council for such small disturbance—an unintentional enactment of this Act, and at such later dates as council to conduct a study of the progress made landslide—could release massive quan- the panel considers advisable, submit to Con- under the methane hydrate research and devel- tities of gas. Oil platforms in the Cas- gress a report on the anticipated impact on glob- opment program implemented pursuant to this pian Sea have been destroyed as a real climate change from— Act, and to make recommendations for future sult of this kind of accidental release. (A) methane hydrate formation; methane hydrate research and development Methane hydrates also play a signifi- (B) methane hydrate degassing (including needs. The Secretary shall transmit to the Con- cant role in global climate change. Re- natural degassing and degassing associated gress, not later than September 30, 2004, a report with commercial development); and cent scientific research suggests that containing the findings and recommendations of abrupt climate changes have occurred (C) the consumption of natural gas produced the National Research Council under this sec- from methane hydrates. tion. in the past as a result of release of Not more than 25 percent of the individuals methane gas from hydrates. They are SEC. 8. REPORTS AND STUDIES. serving on the advisory panel shall be Federal The Secretary of Energy shall provide to the an important part of the global carbon employees. Committee on Science of the House of Represent- cycle, which we must ultimately un- (d) LIMITATIONS.— atives copies of any report or study that the De- derstand in detail if we want to act re- (1) ADMINISTRATIVE EXPENSES.—Not more sponsibly to address the risk of climate than 5 percent of the amount made available to partment of Energy prepares at the direction of carry out this section for a fiscal year may be any committee of the Congress. change. Since natural gas releases used by the Secretary for expenses associated Mr. MURKOWSKI. Mr. President, we fewer carbon atoms per unit of energy, with the administration of the program carried have a number of bills from my Com- replacing coal and oil usage with nat- out under subsection (a)(1). mittee on the Calendar that are ready ural gas from methane hydrates also (2) CONSTRUCTION COSTS.—None of the funds for consideration, but I want to take a reduces our risk of climate change— made available to carry out this section may be moment to say a few words about a bill some experts estimate we can reduce used for the construction of a new building or our carbon dioxide emissions by 20 per- the acquisition, expansion, remodeling, or alter- I think has real potential for address- ation of an existing building (including site ing the long-term energy needs of our cent just by fuel substitution alone. We grading and improvement and architect fees). nation. H.R. 1753, the Methane hydrate can also learn about carbon sequestra- (e) RESPONSIBILITIES OF THE SECRETARY.—In Research and Development Act of 2000, tion through studying how methane carrying out subsection (b)(1), the Secretary would establish a small research pro- hydrates form—perhaps even replacing shall— gram with the potential for a major methane hydrates used for energy with (1) facilitate and develop partnerships among payoff—energy security for the foresee- hydrates using carbon dioxide seques- government, industrial enterprises, and institu- able future. Methane Hydrates are tered from the atmosphere. tions of higher education to research, identify, All of these things point to the need assess, and explore methane hydrate resources; rigid, ice-like solids of water surrounding a gas molecule, found at low for a fundamental methane hydrate re- (2) undertake programs to develop basic infor- search program of the kind proposed in mation necessary for promoting long-term inter- temperatures and high pressures. When est in methane hydrate resources as an energy melted or depressurized, they release this bill. I want to thank my good source; methane, pure natural gas, the same friends and colleagues on the Energy (3) ensure that the data and information de- fuel we use to heat our homes and Committee, Senators AKAKA and veloped through the program are accessible and power our economy. CRAIG, for their leadership and recogni- widely disseminated as needed and appropriate; Significant quantities of methane hy- tion of the potential for methane hy- (4) promote cooperation among agencies that drates have been detected all over the drates to satisfy our future energy are developing technologies that may hold prom- world. In the U.S., marine geologists needs, enable our long-term energy se- ise for methane hydrate resource development; curity, and help us responsibly address and have detected deposits of methane hydrates in deep sea sediments that lie the risk of climate change. Working (5) report annually to Congress on accom- with our colleagues in the House, we plishments under this section. off the coasts of the Carolinas, Lou- have been able to develop legislation SEC. 4. AMENDMENTS TO THE MINING AND MIN- isiana, Texas, California, Oregon, and that would authorize $45 million in new ERALS POLICY ACT OF 1970. my home state of Alaska. We’ve also funding for research in this important Section 201 of the Mining and Minerals Policy detected methane hydrates under the Act of 1970 (30 U.S.C. 1901) is amended— area. Anticipating passage of a bill like permafrost during conventional oil this one, the Department of Energy has (1) in paragraph (6)— drilling operations in my home state of (A) in subparagraph (F), by striking ‘‘and’’ at prepared an excellent multi-year re- the end; Alaska. The U.S. Geological Survey es- search and development program plan (B) by redesignating subparagraph (G) as sub- timates that nearly 320,000 trillion that addresses all of the issues in- paragraph (H); and cubic feet of natural gas can be ex- volved—with the goal of safe commer- (C) by inserting after subparagraph (F) the tracted from the methane hydrates cial production of energy from hy- following: found in the U.S. alone. Compare that drates by 2010. ‘‘(G) for purposes of this section and sections to our existing reserves of cheap, clean It is clear that we are not doing 202 through 205 only, methane hydrate; and’’; natural gas—1,300 trillion cubic feet— enough to explore the possibility of (2) by redesignating paragraph (7) as para- and our annual use of natural gas—just graph (8); and this exciting new energy source. Other (3) by inserting after paragraph (6) the fol- 20 trillion cubic feet per year. Even if nations of the world—Japan, Canada, lowing: we can learn to recover just 1 percent India, Korea and Norway—are starting ‘‘(7) The term ‘methane hydrate’ means— of our methane hydrate reserves, we ambitious research programs. The Jap- ‘‘(A) a methane clathrate that is in the form will more than triple our available nat- anese began a drilling project of their of a methane-water ice-like crystalline material ural gas reserves and guarantee a own in November 1999, and expect that and is stable and occurs naturally in deep- source of cheap, secure and clean en- production can begin within 10 years, ocean and permafrost areas; and ergy for the next century and well be- maybe sooner. The technology exists— ‘‘(B) other natural gas hydrates found in as- yond. sociation with deep-ocean and permafrost de- Syntroleum, an Oklahoma company— posits of methane hydrate.’’. The problem is: we need fundamental has recently acquired a patent for a gas research on these hydrates to under- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. hydrate recovery system. All we need There are authorized to be appropriated to the stand how they form, and how the gas now is the sustained research to make Secretary of Energy to carry out this Act— molecule can be released in a way that it commercially viable. (1) $5,000,000 for fiscal year 2001; we can use. Even now, methane hy- For those reasons, Mr. President, I (2) $7,500,000 for fiscal year 2002; drates pose hazards to conventional oil am glad that my colleagues here in the

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2807 Senate will agree to pass the bill in the situated outside the boundary of the Re- ment, economic development and cultural form passed by the House two weeks serve, known as the ‘‘Castle Rock Ranch’’. expression. ago, so we can send it to the President (3) RESERVE.—The term ‘‘Reserve’’ means (2) The Palace of the Governors has been for signature and get going on this im- the City of Rocks National Reserve, located the center of administrative and cultural ac- near Almo, Idaho, depicted on the National tivity over a vast region of the Southwest portant research program. Thanks to Park Service map numbered 003/80,018, C.O. since its construction as New Mexico’s sec- the leadership of Senators AKAKA and No. 169, and dated March 25, 1999. ond capitol in Santa Fe by Governor Pedro CRAIG, we may look back years from (4) SECRETARY.—The term ‘‘Secretary’’ de Peralta in 1610. now on this day as the day we broke means the Secretary of the Interior. (3) The Palace of the Governors is the old- free of our dependence on foreign oil SEC. 3. ACQUISITION OF CASTLE ROCK RANCH. est continuously occupied public building in and guaranteed ourselves a clean en- (a) IN GENERAL.—Subject to subsection (b), øthe¿ the contiguous United States and has ergy source for many years to come. the Secretary shall acquire, by donation or been occupied for 390 years. Mr. SESSIONS. Mr. President, I ask by purchase with donated or appropriated (4) Since its creation the Museum of New Mexico has worked to protect and promote unanimous consent the Senate agree to funds, the Ranch. (b) CONSENT OF LANDOWNER.—The Sec- Southwest, Hispanic and Native American the amendment of the House to the retary shall acquire land under subsection arts and crafts. Senate amendment. (a) only with the consent of the owner of the (5) The Palace of the Governors is the his- The PRESIDING OFFICER. Without land. tory division of the Museum of New Mexico objection, it is so ordered. SEC. 4. LAND EXCHANGE. and was once proposed by Teddy Roosevelt f (a) IN GENERAL.— to be part of the Smithsonian Museum and (1) FEDERAL AND STATE EXCHANGE.—Subject known as the ‘‘Smithsonian West.’’ THE CALENDAR to subsection (b), on completion of the acqui- (6) The Museum has a extensive and price- Mr. SESSIONS. Mr. President, I ask sition under section 3(a), the Secretary shall less collection of: unanimous consent that the Senate convey the Ranch to the State of Idaho in (A) Spanish Colonial and Iberian Colonial paintings including the Sagesser Hyde paint- now proceed to consideration en bloc of exchange for approximately 492.87 acres of land near Hagerman, Idaho, located within ings on buffalo hide dating back to 1706. the following Energy Committee mat- the boundary of the Monument. (B) Pre-Columbian Art. ters: (2) STATE AND PRIVATE LANDOWNER EX- (C) Historic artifacts including: S. 1705, Calendar 492; CHANGE.—On completion of the exchange (i) Helmets and armor worn by the Don S. 1727, Calendar 493; under paragraph (1), the State of Idaho may Juan Onate expedition conquistadors who es- S. 1836, Calendar 495; exchange portions of the Ranch for private tablished the first capital in the United S. 1849, Calendar 496; land within the boundaries of the Reserve, States, San Juan de los Caballeros, in July S. 1910, Calendar 498; with the consent of the owners of the private of 1598. H.R. 1615, Calendar 499; land. (ii) The Vara Stick used to measure land H.R. 3063, Calendar 500; (b) CONDITION OF EXCHANGE.—As a condi- grants and other real property boundaries in S. 1778, Calendar 508. tion of the land exchange under subsection Dona Ana County, New Mexico. ø The PRESIDING OFFICER. Without (a)(1), the State of Idaho shall administer all (iii) The Columbus, New Mexico Railway private land acquired within the Reserve Station clock that was shot, stopping the objection, it is so ordered. through an exchange under this Act in ac- pendulum, freezing for all history the mo- Mr. SESSIONS. Mr. President, I ask cordance with title II of the Arizona-Idaho ment when Pancho Villa’s raid began. It unanimous consent that any com- Conservation Act of 1988 (16 U.S.C. 460yy et marks the beginning of the last invasion of mittee amendments, where applicable, seq.). the continental United States.¿ be agreed to, with the exception of S. (c) ADMINISTRATION.—State land acquired ø(iv)¿ (iii) The field desk of Brigadier Gen- 1727, which should be withdrawn, and a by the United States in the land exchange eral Stephen Watts Kearny who was posted substitute amendment to S. 1727, which under subsection (a)(1) shall be administered to New Mexico during the Mexican War and is at the desk, be agreed to, the bills be by the Secretary as part of the Monument. whose Army of the West traveled the Santa (d) NO EXPANSION OF RESERVE.—Acquisi- Fe trail to occupy the territories of New read three times and passed, as amend- tion of the Ranch by a Federal or State Mexico and California. ed, if amended, any title amendments agency shall not constitute any expansion of ø(v)¿ (iv) More than 800,000 other historic be agreed to, the motions to reconsider the Reserve. photographs, guns, costumes, maps, books be laid upon the table, and that any (e) NO EFFECT ON EASEMENTS.—Nothing in and handicrafts. statements related to any of these bills this Act affects any easement in existence on (7) The Palace of the Governors and the the date of enactment of this Act. be printed in the RECORD, with the Sagesser Hyde paintings were designated Na- above occurring en bloc. f tional Treasures by the National Trust for Historic Preservation. The PRESIDING OFFICER. Without PALACE OF THE GOVERNORS objection, it is so ordered. (8) The facilities both for exhibiting and EXPANSION ACT storage of this irreplaceable collection are so f The Senate proceeded to consider the totally inadequate and dangerously unsuit- CASTLE ROCK RANCH ACQUISITION bill (S. 1727) to authorize funding for able that there existence is endangered and ACT OF 1999 the expansion annex of the historic their preservation is in jeopardy. Palace of the Governors, a public his- (b) DEFINITIONS.—In this section: The Senate proceeded to consider the (1) ANNEX.—The term ‘‘Annex’’ means the bill (S. 1705) to direct the Secretary of tory museum located, and relating to Palace of the Governors, Museum of New the Interior to enter into land ex- the history of Hispanic and Native Mexico addition to be located directly be- change to acquire from the private American culture, in the Southwest hind the historic Palace of the Governors owner and to convey to the State of and for other purposes, which had been building at 110 Lincoln Avenue, Santa Fe, Idaho approximately 1,240 acres of land reported from the Committee on En- New Mexico. ergy and Natural Resources, with (2) SECRETARY.—The term ‘‘Secretary’’ near the City of Rocks National Re- means the Secretary of Interior. serve, Idaho, and for other purposes. amendments; as follows: (The parts of the bill intended to be (c) CONSTRUCTION OF THE ANNEX.—Subject The bill (S. 1705), was passed, as fol- to the availability of appropriations, the lows: stricken are shown in boldface brack- ets and the parts of the bill intended to Secretary shall award a grant to New Mexico Be it enacted by the Senate and House of Rep- to pay for the Federal share of the costs of resentatives of the United States of America in be inserted are shown in italic.) the final design, construction, furnishing and Congress assembled, S. 1727 equipping of the Palace of the Governors Ex- SECTION 1. SHORT TITLE. Be it enacted by the Senate and House of Rep- pansion Annex that will be located directly This Act may be cited as the ‘‘Castle Rock resentatives of the United States of America in behind the historic Palace of the Governors Ranch Acquisition Act of 1999’’. Congress assembled, at 110 Lincoln Avenue, Santa Fe, New Mex- SEC. 2. DEFINITIONS. SECTION 1. SHORT TITLE. ico. In this Act: (a) SHORT TITLE.—This act may be cited as (d) GRANT REQUIREMENTS.— (1) MONUMENT.—The term ‘‘Monument’’ ‘‘Palace of the Governors Expansion Act’’. (1) IN GENERAL.—In order to receive a grant means the Hagerman Fossil Beds National SEC. 2. CONSTRUCTION OF PALACE OF THE GOV- awarded under subsection (c), New Mexico, Monument, Idaho, depicted on the National ERNORS EXPANSION. acting through the Office of Cultural Af- Park Service map numbered 300/80,000, C.O. (a) FINDINGS.—Congress makes the fol- fairs— No. 161, and dated January 7, 1998. lowing findings: (A) shall submit to the Secretary, within (2) RANCH.—The term ‘‘Ranch’’ means the (1) The United States has an enriched leg- 30 days of the date of enactment of this sec- land comprising approximately 1,240 acres acy of Hispanic influence in politics, govern- tion, a copy of the architectural blueprints

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2808 CONGRESSIONAL RECORD — SENATE April 13, 2000

for the Palace of the Governors Expansion (1) the United States has a rich legacy of (1) IN GENERAL.—Subject to the avail- Annex. Hispanic influence in politics, government, ability of appropriations, the Secretary shall (B) shall exercise due diligence to obtain economic development, and cultural expres- make a grant to the Office to pay 50 percent an appropriation from the New Mexico State sion; of the costs of the final design, construction, Legislature for at least $8 million. (2) the Palace of the Governors— management, inspection, furnishing, and (C) shall exercise due diligence to expedi- (A) has been the center of administrative equipping of the Annex. tiously execute a memorandum of under- and cultural activity over a vast region of (2) REQUIREMENTS.—Subject to the avail- standing recognizing that time is of the es- the Southwest since its construction as New ability of appropriations, to receive a grant sence for the construction for the Annex be- Mexico’s second capitol in Santa Fe by Gov- under this paragraph (1), the Office shall— cause 2010 marks the 400th anniversary of the ernor Pedro de Peralta in 1610; (A) submit to the Secretary a copy of the continuous occupation and use of the Palace (B) is the oldest continuously occupied architectural blueprints for the Annex; and of the Governors. public building in the continental United (B) enter into a memorandum of under- (2) MEMORANDUM OF UNDERSTANDING.—The States, having been occupied for 390 years; standing with the Secretary under sub- memorandum of understanding described in and section (d). paragraph (1) shall provide— (C) has been designated as a National His- (d) MEMORANDUM OF UNDERSTANDING.—At (A) the date of completion of the construc- toric Landmark; the request of the Office, the Secretary shall tion of the Annex. (3) since its creation, the Museum of New enter into a memorandum of understanding (B) that Office of Cultural Affairs shall Mexico has worked to protect and promote with the Office that— award the contract for construction of the Southwestern, Hispanic, and Native Amer- (1) requires that the Office award the con- Annex in accordance with the New Mexico ican arts and crafts; tract for construction of the Annex after a Procurement Code; and (4) the Palace of the Governors houses the competitive bidding process and in accord- (C) that the contract for the construction history division of the Museum of New Mex- ance with the New Mexico Procurement of the Annex shall be awarded pursuant to a ico; Code; and competitive bidding process. (5) the Museum has an extensive, priceless, (2) specifies a date for completion of the (3) FEDERAL SHARE.—The Federal share of and irreplaceable collection of— Annex. the costs described in subsection (c) shall be (A) Spanish Colonial paintings (including (e) NON-FEDERAL SHARE.—The non-Federal 50 percent. the Segesser Hide Paintings, paintings on share of the costs of the final design, con- (4) NON-FEDERAL SHARE.—The non-Federal buffalo hide dating back to 1706); struction, management, inspection, fur- share of the costs described in section (c) (B) pre-Columbian Art; and nishing, and equipping of the Annex— shall be in cash or in kind fairly evaluated, (C) historic artifacts, including— (1) may be in cash or in kind fairly evalu- including land, art and artifact collections, (i) helmets and armor worn by the Don ated, including land, art and artifact collec- ˜ plant, equipment, or services. The non-Fed- Juan de Onate expedition conquistadors who tions, plant, equipment, or services; and eral share shall include any contribution reestablished the first capital in the territory (2) shall include any contribution received ceived by New Mexico for the design, land that is now the United States, San Juan de by the State (including contributions from acquisition, library acquisition, library ren- los Caballeros, in July 1598; the New Mexico Foundation and other en- ovation, Palace of the Governors conserva- (ii) the Vara Stick used to measure land dowment funds) for, and any expenditure grants and other real property boundaries in tion, and construction, furnishing, equipping made by the State for, the Palace of the Gov- Dona Ana County, New Mexico; of the Annex, or donations of art collections ernors or the Annex, including— (iii) the Columbus, New Mexico Railway to the Museum of New Mexico prior to the (A) design; Station clock that was shot, stopping the date of enactment of this section. The non- (B) land acquisition (including the land at pendulum, freezing for all history the mo- Federal share of the costs described in sub- 110 Lincoln Avenue, Santa Fe, New Mexico); ment when Pancho Villa’s raid began; section (c) shall include the following: (C) acquisitions for and renovation of the (iv) the field desk of Brigadier General Ste- (A) Cost of the land at 110 Lincoln Avenue, library; phen Watts Kearny, who was posted to New Santa Fe, New Mexico. (D) conservation of the Palace of the Gov- Mexico during the Mexican War and whose (B) Library acquisition expenditures. ernors; Army of the West traveled the Santa Fe trail (C) Library renovation expenditures. (E) construction, management, inspection, to occupy the territories of New Mexico and (D) Palace conservation expenditures. furnishing, and equipping of the Annex; and California; and (E) New Mexico Foundation and other en- (F) donations of art collections and arti- (v) more than 800,000 other historic photo- dowment funds. facts to the Museum of New Mexico on or graphs, guns, costumes, maps, books, and (F) Donations of art collections or other after the date of enactment of this Act. handicrafts; artifacts. (f) USE OF FUNDS.—The funds received (6) the Palace of the Governors and its con- (e) USE OF FUNDS FOR CONSTRUCTION.—FUR- under a grant awarded under subsection (c) tents are included in the Mary C. Skaggs NISHING AND EQUIPMENT.—Subject to funds shall be used only for the final design, con- Centennial Collection of America’s Treas- being appropriated, the funds received under struction, management, inspection, fur- ures; a grant awarded under subsection (c) shall be nishing and equipment of the Annex. (7) the Palace of the Governors and the used only for the final design, construction, (g) AUTHORIZATION OF APPROPRIATIONS.— Segesser Hide paintings have been declared management, inspection, furnishing and (1) IN GENERAL.—Subject to paragraph (2), national treasures by the National Trust for equipment of the Annex. subject to the availability of appropriations, Historic Preservation; and (f) AUTHORIZATION OF APPROPRIATIONS.— there is authorized to be appropriated to the (8) time is of the essence in the construc- Subject to funds being appropriated, there is Secretary to carry out this section tion of an annex to the Palace of the Gov- authorized to be appropriated to the Sec- $15,000,000, to remain available until ex- ernors for the exhibition and storing of the retary to carry out this section a total of pended. collection described in paragraph (5), be- $15,000,000 for fiscal year 2001 and succeeding (2) CONDITION.—Paragraph (1) authorizes cause— fiscal years. Funds appropriated pursuant to sums to be appropriated on the condition (A) the existing facilities for exhibiting the authority of the preceding sentence shall that— and storing the collection are so inadequate remain available until expended but are con- (A) after the date of enactment of this Act and unsuitable that existence of the collec- ditioned upon the New Mexico State legisla- and before January 1, 2010, the State appro- tion is endangered and its preservation is in ture appropriating at least $8 million be- priate at least $8,000,000 to pay the costs of jeopardy; and tween date of enactment and 2010 and other the final design, construction, management, (B) 2010 marks the 400th anniversary of the non-federal sources providing enough funds, inspection, furnishing, and equipping of the continuous occupation and use of the Palace when combined with the New Mexico State Annex; and of the Governors and is an appropriate date legislature appropriations, to make this fed- (B) other non-Federal sources provide suf- for ensuring the continued viability of the eral grant based on a fifty-fifty match. ficient funds to pay the remainder of the 50 collection. percent non-Federal share of those costs. The amendment (No. 3099) was agreed (b) DEFINITIONS.—In this section: The bill (S. 1727), as amended, was to, as follows: (1) ANNEX.—The term ‘‘Annex’’ means the passed, as follows: AMENDMENT NO. 3099 annex for the Palace of the Governors of the Museum of New Mexico, to be constructed S. 1727 (Purpose: To provide a complete substitute) behind the Palace of the Governors building Be it enacted by the Senate and House of Rep- Strike all after the enacting clause and in- at 110 Lincoln Avenue, Santa Fe, New Mex- resentatives of the United States of America in sert the following: ico. Congress assembled, SECTION 1. SHORT TITLE. (2) OFFICE.—The term ‘‘Office’’ means the SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Palace of State Office of Cultural Affairs. This Act may be cited as the ‘‘Palace of the Governors Annex Act’’. (3) SECRETARY.—The term ‘‘Secretary’’ the Governors Annex Act’’. SEC. 2. CONSTRUCTION OF PALACE OF THE GOV- means the Secretary of the Interior. SEC. 2. CONSTRUCTION OF PALACE OF THE GOV- ERNORS ANNEX, SANTA FE, NEW (4) STATE.—The term ‘‘State’’ means the ERNORS ANNEX, SANTA FE, NEW MEXICO. State of New Mexico. MEXICO. (a) FINDINGS.—Congress finds that— (c) GRANT.— (a) FINDINGS.—Congress finds that—

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2809 (1) the United States has a rich legacy of (1) IN GENERAL.—Subject to the avail- Anglo peoples who have lived in the re- Hispanic influence in politics, government, ability of appropriations, the Secretary shall gion for over four centuries. economic development, and cultural expres- make a grant to the Office to pay 50 percent Since introducing this bill last Octo- sion; of the costs of the final design, construction, ber, the situation has become an emer- (2) the Palace of the Governors— management, inspection, furnishing, and gency. Walls are crumbling, water (A) has been the center of administrative equipping of the Annex. pipes are leaking, plumbing is backing and cultural activity over a vast region of (2) REQUIREMENTS.—Subject to the avail- the Southwest since its construction as New ability of appropriations, to receive a grant up threatening priceless documents. Mexico’s second capitol in Santa Fe by Gov- under this paragraph (1), the Office shall— The bill would authorize the con- ernor Pedro de Peralta in 1610; (A) submit to the Secretary a copy of the struction of the Palace of the Gov- (B) is the oldest continuously occupied architectural blueprints for the Annex; and ernors’ Annex. It would preserve a public building in the continental United (B) enter into a memorandum of under- priceless collection of Spanish colonial, States, having been occupied for 390 years; standing with the Secretary under sub- Iberian colonial paintings, artifacts, and section (d). maps, books, guns, costumes, photo- (C) has been designated as a National His- (d) MEMORANDUM OF UNDERSTANDING.—At graphs. The collection includes such toric Landmark; the request of the Office, the Secretary shall (3) since its creation, the Museum of New enter into a memorandum of understanding historically unique items as the hel- Mexico has worked to protect and promote with the Office that— mets and armor worn by the Don Juan Southwestern, Hispanic, and Native Amer- (1) requires that the Office award the con- Onate expedition conquistadors who es- ican arts and crafts; tract for construction of the Annex after a tablished the first capital in the United (4) the Palace of the Governors houses the competitive bidding process and in accord- States, San Juan de los Caballeros, in history division of the Museum of New Mex- ance with the New Mexico Procurement July 1598. It includes the Vara Stick, a ico; Code; and type of yardstick used to measure land (5) the Museum has an extensive, priceless, (2) specifies a date for completion of the and irreplaceable collection of— grants and other real property bound- Annex. aries in Dona Ana County, NM. (A) Spanish Colonial paintings (including (e) NON-FEDERAL SHARE.—The non-Federal the Segesser Hide Paintings, paintings on share of the costs of the final design, con- We have all heard of Geronimo. The buffalo hide dating back to 1706); struction, management, inspection, fur- collection includes a rifle dropped by (B) pre-Columbian Art; and nishing, and equipping of the Annex— one of his men during a raid in the (C) historic artifacts, including— (1) may be in cash or in kind fairly evalu- Black Range area of western New Mex- (i) helmets and armor worn by the Don ated, including land, art and artifact collec- ico. Juan de On˜ ate expedition conquistadors who tions, plant, equipment, or services; and We have all heard of Pancho Villa. established the first capital in the territory (2) shall include any contribution received His activities in the Southwest come that is now the United States, San Juan de by the State (including contributions from los Caballeros, in July 1598; alive when viewing some of the arti- the New Mexico Foundation and other en- facts included in the Palace of the Gov- (ii) the Vara Stick used to measure land dowment funds) for, and any expenditure grants and other real property boundaries in made by the State for, the Palace of the Gov- ernors Collection. The Columbus, NM, Dona Ana County, New Mexico; ernors or the Annex, including— railway station clock was shot in the (iii) the Columbus, New Mexico Railway (A) design; pendulum, freezing for all history the Station clock that was shot, stopping the (B) land acquisition (including the land at moment that Pancho Villa’s raid and pendulum, freezing for all history the mo- 110 Lincoln Avenue, Santa Fe, New Mexico); invasion began. It is part of the collec- ment when Pancho Villa’s raid began; (C) acquisitions for and renovation of the (iv) the field desk of Brigadier General Ste- tion, but you wouldn’t know it because library; there is no room to display it. phen Watts Kearny, who was posted to New (D) conservation of the Palace of the Gov- Mexico during the Mexican War and whose Brig. Gen. Stephen Watts Kearny was ernors; posted to New Mexico during the Mexi- Army of the West traveled the Santa Fe trail (E) construction, management, inspection, to occupy the territories of New Mexico and furnishing, and equipping of the Annex; and can War. He commanded the Army of California; and (F) donations of art collections and arti- the West as they traveled from the (v) more than 800,000 other historic photo- facts to the Museum of New Mexico on or Santa Fe Trail to occupy the terri- graphs, guns, costumes, maps, books, and after the date of enactment of this Act. tories of New Mexico and California. As handicrafts; (f) USE OF FUNDS.—The funds received Kearny traveled, he carried a field desk (6) the Palace of the Governors and its con- under a grant awarded under subsection (c) tents are included in the Mary C. Skaggs which he used to write letters, diaries, shall be used only for the final design, con- orders, and other historical documents. Centennial Collection of America’s Treas- struction, management, inspection, fur- ures; nishing and equipment of the Annex. It is part of the collection, but you (7) the Palace of the Governors and the (g) AUTHORIZATION OF APPROPRIATIONS.— can’t see it because there is no display Segesser Hide paintings have been declared (1) IN GENERAL.—Subject to paragraph (2), space for it in the Palace of the Gov- national treasures by the National Trust for subject to the availability of appropriations, ernors. Historic Preservation; and there is authorized to be appropriated to the Many of us have read books by D.H. (8) time is of the essence in the construc- Secretary to carry out this section Lawrence, but none of us has seen the tion of an annex to the Palace of the Gov- $15,000,000, to remain available until ex- note from his mother that is part of ernors for the exhibition and storing of the pended. collection described in paragraph (5), be- the collection. (2) CONDITION.—Paragraph (1) authorizes There are more than 800,000 other his- cause— sums to be appropriated on the condition (A) the existing facilities for exhibiting that— toric photographs, guns, costumes, and storing the collection are so inadequate (A) after the date of enactment of this Act maps, books, and handicrafts. and unsuitable that existence of the collec- and before January 1, 2010, the State appro- Where are these treasures that Teddy tion is endangered and its preservation is in priate at least $8,000,000 to pay the costs of Roosevelt wanted to make part of the jeopardy; and the final design, construction, management, Smithsonian housed now? (B) 2010 marks the 400th anniversary of the inspection, furnishing, and equipping of the Where is this collection designated as continuous occupation and use of the Palace Annex; and a National Treasure by the National of the Governors and is an appropriate date (B) other non-Federal sources provide suf- Trust for Historic Preservation kept? for ensuring the continued viability of the ficient funds to pay the remainder of the 50 In the basement of a 400-year-old collection. percent non-Federal share of those costs. (b) DEFINITIONS.—In this section: building. Mr. DOMENICI. Mr. President, I am (1) ANNEX.—The term ‘‘Annex’’ means the It is a national travesty. annex for the Palace of the Governors of the pleased that the Palace of the Gov- This legislation would right this Museum of New Mexico, to be constructed ernors Annex Act has passed the Sen- wrong by authorizing funds for a Pal- behind the Palace of the Governors building ate. ace of the Governors Expansion Annex. at 110 Lincoln Avenue, Santa Fe, New Mex- In conjunction with Hispanic Herit- The entire project will cost $32 million. ico. age Month, I introduced the Palace of The legislation authorizes a $15 million (2) OFFICE.—The term ‘‘Office’’ means the the Governors Expansion Act last Oc- federal grant if the museum can match State Office of Cultural Affairs. tober. The palace is a symbol of His- the grant on a 50-50 basis. (3) SECRETARY.—The term ‘‘Secretary’’ panic influence in the United States The Palace of the Governors has ac- means the Secretary of the Interior. (4) STATE.—The term ‘‘State’’ means the and truly shows the coming together of quired a half block behind the current State of New Mexico. many cultures in the New World—the palace. Obtaining this valuable real es- (c) GRANT.— various native American, Hispanic, and tate is evidence of the ingenuity and

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2810 CONGRESSIONAL RECORD — SENATE April 13, 2000 commitment of those involved in pre- SEC. 2. FINDINGS. boundaries of the White Clay Creek Preserve, serving the collection. Real estate near Congress finds that— Pennsylvania and Delaware, and White Clay Santa Fe’s plaza is seldom for sale at (1) Public Law 102–215 (105 Stat. 1664) di- Creek State Park, Delaware, beginning at any price, much less an affordable rected the Secretary of the Interior, in co- the confluence of the east and middle price. operation and consultation with appropriate branches in London Britain township, Penn- State and local governments and affected sylvania, downstream to the northern bound- The Palace of the Governors has been landowners, to conduct a study of the eligi- ary line of the city of Newark, Delaware, as the center of administrative and cul- bility and suitability of White Clay Creek, a scenic river. tural activity over a vast region in the Delaware and Pennsylvania, and the tribu- ‘‘(viii) 27.5 miles of the main stem (includ- Southwest since its construction as taries of the creek for inclusion in the Na- ing all second order tributaries outside the New Mexico’s second capitol by Gov- tional Wild and Scenic Rivers System; boundaries of the White Clay Creek Preserve ernor Pedro de Peralta in 1610. The (2) as a part of the study described in para- and White Clay Creek State Park), beginning building is the oldest continuously oc- graph (1), the White Clay Creek Study Wild at the confluence of the east and middle cupied public building in the United and Scenic Study Task Force and the Na- branches in London Britain township, Penn- States. Since its creation, the Museum tional Park Service prepared a watershed sylvania, downstream to the confluence of the White Clay Creek with the Christina of New Mexico has worked to protect management plan for the study area entitled ‘‘White Clay Creek and Its Tributaries Wa- River, as a recreational river. and promote Hispanic, Southwest, and tershed Management Plan’’, dated May 1998, ‘‘(ix) 1.4 miles of Middle Run outside the native American arts and crafts. that establishes goals and actions to ensure boundaries of the Middle Run Natural Area, I hope the House will act expedi- the long-term protection of the outstanding as a recreational river. tiously on this legislation to save this values of, and compatible management of ‘‘(x) 5.2 miles of Middle Run that flows important collection. land and water resources associated with, within the boundaries of the Middle Run Natural Area, as a recreational river. f the watershed; and (3) after completion of the study described ‘‘(xi) 15.6 miles of Pike Creek, as a rec- DEADLINE EXTENSION FOR COM- in paragraph (1), Chester County, Pennsyl- reational river. MENCEMENT OF CONSTRUCTION vania, New Castle County, Delaware, New- ‘‘(xii) 38.7 miles of Mill Creek, as a rec- OF A HYDROELECTRIC PROJECT ark, Delaware, and 12 Pennsylvania munici- reational river. palities located within the watershed bound- ‘‘(B) BOUNDARIES.— The Senate proceeded to consider the ‘‘(i) IN GENERAL.—Except as provided in aries passed resolutions that— clause (ii), in lieu of the boundaries provided bill (S. 1836) to extend the deadline for (A) expressed support for the White Clay for in subsection (b), the boundaries of the commencement of construction of a Creek Watershed Management Plan; segments shall be the greater of— hydroelectric project in the State of (B) expressed agreement to take action to Alabama, was considered, ordered to be ‘‘(I) the 500-year floodplain; or implement the goals of the Plan; and ‘‘(II) 250 feet as measured from the ordi- engrossed for a third reading, read the (C) endorsed the designation of the White nary high water mark on both sides of the third time, and passed; as follows: Clay Creek and the tributaries of the creek segment. for inclusion in the National Wild and Scenic S. 1836 ‘‘(ii) EXCEPTIONS.—The boundary limita- Rivers System. Be it enacted by the Senate and House of tions described in clause (i) are inapplicable Representatives of the United States of America SEC. 3. DESIGNATION OF WHITE CLAY CREEK. to— in Congress assembled, Section 3(a) of the Wild and Scenic Rivers ‘‘(I) the areas described in section 4(a) of SECTION 1. EXTENSION OF DEADLINE AND REIN- Act (16 U.S.C. 1274(a)) is amended by adding the White Clay Creek Wild and Scenic Rivers STATEMENT OF LICENSE. at the end the following: Act; and (a) IN GENERAL.—Notwithstanding the time ‘‘(161) WHITE CLAY CREEK, DELAWARE AND ‘‘(II) the properties, as generally depicted period specified in section 13 of the Federal PENNSYLVANIA.— on the map entitled ‘‘White Clay Creek Wild Power Act (16 U.S.C. 806) that would other- ‘‘(A) SEGMENTS.—The 191 miles of river seg- and Scenic River Study Area Recommended wise apply to the Federal Energy Regulatory ments of White Clay Creek (including tribu- Designated Area’’, dated June 1999, on which Commission project numbered 7115, the Com- taries of the Creek and all second order trib- are located the surface water intakes and mission shall, at the request of the licensee utaries of the designated segments) in the water treatment and wastewater treatment for the project, in accordance with the good States of Delaware and Pennsylvania (re- facilities of— faith, due diligence, and public interest referred to in this paragraph as the ‘Creek’), as ‘‘(aa) the City of Newark, Delaware; quirements of that section and the Commis- depicted on the recommended designation ‘‘(bb) the corporation known as United sion’s procedures under that section, extend and classification maps, as follows: Water Delaware; and for 3 consecutive 2-year periods, the time pe- ‘‘(i) 30.8 miles of the east branch, including ‘‘(cc) the Borough of West Grove, Pennsyl- riod during which the licensee is required to Trout Run, beginning at the headwaters vania. commence construction of the project. within West Marlborough township down- ‘‘(C) ADMINISTRATION.— (b) APPLICABILITY.—Subsection (a) shall stream to a point that is 500 feet north of the ‘‘(i) IN GENERAL.—The segments designated take effect on the expiration of the period re- Borough of Avondale wastewater treatment by subparagraph (A) shall be administered by quired for commencement of construction of facility, as a recreational river. the Secretary of the Interior, in cooperation the project described in subsection (a). ‘‘(ii) 15.0 miles of the east branch beginning with the White Clay Creek Watershed Man- (c) REINSTATEMENT OF EXPIRED LICENSE.— at the southern boundary line of the Borough agement Committee as provided for in the If the license for the project described in of Avondale to a point where the East plan prepared by the White Clay Creek Wild subsection (a) has expired prior to the date Branch enters New Garden Township at the and Scenic Study Task Force and the Na- of enactment of this Act, the Commission Franklin Township boundary line, including tional Park Service, entitled ‘White Clay shall reinstate the license effective as of the Walnut Run and Broad Run outside the and Its Tributaries Watershed Management date of its expiration and extend the time re- boundaries of the White Clay Creek Preserve, Plan’ and dated May 1998.’’ quired for commencement of construction of as a recreational river. SEC. 4. SUBSEQUENT DESIGNATIONS. the projects for not more than 3 consecutive ‘‘(iii) 4.0 miles of the east branch that flow (a) IN GENERAL.—Churchman’s Marsh, 2-year periods, the first of which shall com- through the boundaries of the White Clay Lamborn Run, and the properties on which mence on the date of expiration of the li- Creek Preserve, Pennsylvania, beginning at the intake structures and pipelines for the cense. the northern boundary line of London Brit- proposed Thompson’s Station Reservoir may f ain township and downstream to the con- be located shall be considered suitable for WHITE CLAY CREEK WILD AND fluence of the middle and east branches, as a designation as components of the National scenic river. Wild and Scenic Rivers System only at such SCENIC RIVERS SYSTEM ACT ‘‘(iv) 20.9 miles of the middle branch, be- time as those areas are removed from consid- The Senate proceeded to consider the ginning at the headwaters within London- eration as locations for the reservoir under bill (S. 1849) to designate segments and derry township downstream to the boundary the comprehensive plan of the Delaware tributaries of White Clay Creek, Dela- of the White Clay Creek Preserve in London River Basin Commission. ware and Pennsylvania, as a compo- Britain township, as a recreational river. (b) ASSISTANCE FOR SUBSEQUENT DESIGNA- ‘‘(v) 2.1 miles of the west branch that flow TIONS.—The Secretary of the Interior (here- nent of the Wild and Scenic Rivers Sys- inafter referred to as the ‘‘Secretary’’) shall tem, which had been reported from the within the boundaries of the White Clay Creek Preserve in London Britain township, offer assistance to the State of Delaware and Committee on Energy and Natural Re- as a scenic river. New Castle County, Delaware, if an area de- sources, with an amendment to strike ‘‘(vi) 17.2 miles of the west branch, begin- scribed in subsection (a) is designated a com- all after the enacting clause and insert ning at the headwaters within Penn town- ponent of the National Wild and Scenic Riv- in lieu thereof the following: ship downstream to the confluence with the ers System. SECTION 1. SHORT TITLE. middle branch, as a recreational river. SEC. 5. MANAGEMENT. This Act may be cited as the ‘‘White Clay ‘‘(vii) 12.7 miles of the main stem, exclud- (a) IN GENERAL.—In order to provide for Creek Wild and Scenic Rivers System Act’’. ing Lamborn Run, that flow through the the long-term protection, preservation, and

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2811 enhancement of White Clay Creek and its ported from the Committee on Energy Acquisition Conference in consultation with tributaries, the Secretary shall offer to enter and Natural Resources, with amend- the Department of Justice. into cooperative agreements pursuant to sec- ments, as follows: ‘‘(2) EQUALIZATION.—If the land exchanged tion 10(e) and section 11(b)(1) of the Wild and (The parts of the bill intended to be under paragraph (1) is not of equal value, the Scenic Rivers Act (16 U.S.C. 1281(e) and 16 values shall be equalized by the payment of U.S.C. 1882(b)(1)) with the White Clay Creek stricken are shown in boldface brack- funds by the Secretary or the grantor, as ap- Watershed Management Committee as pro- ets and the parts of the bill intended to propriate, in an amount equal to the amount vided for in the plan entitled ‘‘White Clay be inserted are shown in italic.) by which the values of the land differ.’’. Creek and its Tributaries Watershed Man- S. 1910 The committee amendment in the agement Plan’’ and dated May, 1998 (herein- Be it enacted by the Senate and House of Rep- nature of a substitute was agreed to. after referred to as the ‘‘management plan’’). resentatives of the United States of America in The bill (S. 1778), as amended, was (b) FEDERAL ROLE.—(1) The Director of the Congress assembled, National Park Service (or a designee) shall passed. represent the Secretary in the implementa- SECTION 1. ACQUISITION OF HUNT HOUSE. f tion of the management plan and this para- (a) IN GENERAL.—Section 1601(d) of Public ø ¿ NRC FAIRNESS IN FUNDING ACT graph (including the review, required under Law 97–607 96–607 (94 Stat. 3547; 16 U.S.C. section 7(a) of the Wild and Scenic Rivers 41011(d)) is amended— OF 1999 Act (16 U.S.C. 1278(a)), of proposed Federally- (1) in the first sentence— Mr. SESSIONS. Mr. President, I ask assisted water resources projects that could (A) by inserting a period after ‘‘park’’; and (B) by striking the remainder of the sen- unanimous consent that the Senate have a direct and adverse effect on the val- now proceed to the consideration of ues for which the segments were designated tence; and (2) by striking the last sentence. Calendar No. 411, S. 1627. and authorized). The PRESIDING OFFICER. The (2) To assist in the implementation of the (b) TECHNICAL CORRECTION.—Section ø ¿ management plan and to carry out this Act, 1601(c)(8) of Public Law 97–607 96–607 (94 clerk will report the bill by title. the Secretary may provide technical assist- Stat. 3547; 16 U.S.C. 41011(c)(8)) is amended by The legislative clerk read as follows: ance, staff support, and funding at a cost to striking ‘‘Williams’’ and inserting ‘‘Main’’. A bill (S. 1627) to extend the authority of the Federal Government in an amount, in The bill (S. 1910) as amended was the Nuclear Regulatory Commission to col- the aggregate, of not to exceed $150,000 for passed. lect fees through 2004, and for other pur- each fiscal year. poses. f (c) COOPERATIVE AGREEMENTS.—Any coop- There being no objection, the Senate erative agreement entered into under section WILD AND SCENIC RIVERS proceeded to consider the bill which 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)) relating to any of the seg- The bill (H.R. 1615) amending the had been reported from the Committee ments designated by section 3— Wild and Scenic Rivers Act to extend on Environment and Public Works, (1) shall be consistent with the manage- the designation of a portion of the with an amendment to strike all after ment plan; and Lamprey River in New Hampshire as a the enacting clause and inserting in (2) may include provisions for financial or recreational river to include an addi- lieu thereof the following: other assistance from the United States to tional river segment, was considered, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. facilitate the long-term protection, con- (a) SHORT TITLE.—This Act may be cited as servation, and enhancement of the segments. ordered to a third reading, read the third time, and passed. the ‘‘NRC Fairness in Funding Act of 1999’’. (d) COMPREHENSIVE MANAGEMENT PLAN.— (b) TABLE OF CONTENTS.—The table of con- The management plan shall be deemed to f tents of this Act is as follows: satisfy the requirements for a comprehensive Sec. 1. Short title; table of contents. management plan under section 3(d) of the MINERAL LEASING ACT Wild and Scenic Rivers Act (16 U.S.C. AMENDMENTS TITLE I—FUNDING 1274(d)). Sec. 101. Nuclear Regulatory Commission an- (e) STATE REQUIREMENTS.—State and local The bill (H.R. 3063) to amend the nual charges. zoning laws and ordinances, as in effect on Mineral Leasing Act to increase the Sec. 102. Cost recovery from Government agen- the date of enactment of this Act, shall be maximum acreage of Federal leases for cies. considered to satisfy the standards and re- sodium that may be held by an entity TITLE II—OTHER PROVISIONS quirements under section 6(c) of the Wild and in any one State, and for other pur- Sec. 201. Office location. Scenic Rivers Act (16 U.S.C. 1277(c)). poses, was considered, ordered to a Sec. 202. License period. (f) NATIONAL PARK SYSTEM.—Notwith- third reading, read the third time, and Sec. 203. Elimination of NRC antitrust reviews. standing section 10(c) of the Wild and Scenic passed. Sec. 204. Gift acceptance authority. Rivers Act (16 U.S.C. 1281(c)), any portion of Sec. 205. Carrying of firearms by licensee em- a segment designated by section 3 that is not f ployees. in the National Park System as of the date Sec. 206. Unauthorized introduction of dan- of enactment of this Act shall not— CASCADE RESERVOIR LAND gerous weapons. (1) be considered a part of the National EXCHANGE Sec. 207. Sabotage of nuclear facilities or fuel. Park System; The Senate proceeded to consider the TITLE I—FUNDING (2) be managed by the National Park Serv- bill (S. 1778) to provide for equal ex- SEC. 101. NUCLEAR REGULATORY COMMISSION ice; or changes of land around the Cascade ANNUAL CHARGES. (3) be subject to laws (including regula- Section 6101 of the Omnibus Budget Reconcili- tions) that govern the National Park Sys- Reservoir, which had been reported from the Committee on Energy and ation Act of 1990 (42 U.S.C. 2214) is amended— tem. (1) in subsection (a)(3), by striking ‘‘September (g) NO LAND ACQUISITION.—The Federal Natural Resources, with an amendment 30, 1999’’ and inserting ‘‘September 30, 2005’’; Government shall not acquire, by any to strike all after the enacting clause and means, any right or title in or to land, any and insert in lieu thereof the following: (2) in subsection (c)— easement, or any other interest for the pur- SECTION 1. EXCHANGES OF LAND EXCESS TO (A) by striking paragraph (2) and inserting pose of carrying out this Act. CASCADE RESERVOIR RECLAMA- the following: The committee amendment in the TION PROJECT. ‘‘(2) AGGREGATE AMOUNT OF CHARGES.—The nature of a substitute was agreed. Section 5 of Public Law 86–92 (73 Stat. 219) aggregate amount of the annual charges col- The bill (S. 1849), as amended, was is amended by striking subsection (b) and in- lected from all licensees shall equal an amount passed. serting the following: that approximates 100 percent of the budget au- ‘‘(b) LAND EXCHANGES.— thority of the Commission for the fiscal year for f ‘‘(1) IN GENERAL.—The Secretary may ex- which the charge is collected, less, with respect change land of either class described in sub- to the fiscal year, the sum of— ESTABLISHING WOMEN’S RIGHTS section (a) for non-Federal land of not less ‘‘(A) any amount appropriated to the Commis- NATIONAL HISTORIC PARK than approximately equal value, as deter- sion from the Nuclear Waste Fund; The Senate proceed to consider the mined by an appraisal carried out in accord- ‘‘(B) the amount of fees collected under sub- bill (S. 1910) to amend the Act estab- ance with— section (b); and lishing Women’s Rights National His- ‘‘(A) the Uniform Relocation Assistance ‘‘(C)(i) for fiscal years 2001 and 2002, an and Real Property Acquisition Policies Act amount equal to the amount of appropriations toric Park to permit the Secretary of of 1970 (42 U.S.C. 4601 et seq.): and made to the Commission from the general fund the Interior to acquire title in fee sim- ‘‘(B) the publication entitled ‘Uniform Ap- of the Treasury in response to the request for ple to the Hunt House located in Wa- praisal Standards for Federal Land Acquisi- appropriations referred to in paragraph terloo, New York, which had been re- tions’, as amended by the Interagency Land (5)(A)(ii)’’; and

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 4624 Sfmt 6333 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2812 CONGRESSIONAL RECORD — SENATE April 13, 2000 ‘‘(ii) for fiscal years 2003 through 2005, to the struct or operate a utilization facility under sec- ‘‘(A) when the individual is within, or is in extent provided in paragraph (5), the costs of tion 103 or 104(b) that is pending on or that is flight directly from, the area in which the of- activities of the Commission with respect to filed on or after the date of enactment of this fense was committed; and which a determination is made under paragraph subsection.’’. ‘‘(B) in the enforcement of— (5).’’; and SEC. 204. GIFT ACCEPTANCE AUTHORITY. ‘‘(i) a law regarding the property of the (B) by adding at the end the following: (a) IN GENERAL.—Section 161g. of the Atomic United States in the custody of the Department ‘‘(5) EXCLUDED BUDGET COSTS.— Energy Act of 1954 (42 U.S.C. 2201(g)) is amend- of Energy, the Nuclear Regulatory Commission, ‘‘(A) IN GENERAL.—In the budget request for ed— or a contractor of the Department of Energy or fiscal year 2001 and each fiscal year thereafter, (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; Nuclear Regulatory Commission or a licensee or the Commission shall— (2) by striking ‘‘this Act;’’ and inserting ‘‘this certificate holder of the Commission; ‘‘(i) determine the activities of the Commission Act; or’’; and ‘‘(ii) a law applicable to facilities owned or that could not be fairly and equitably funded (3) by adding at the end the following: operated by a Commission licensee or certificate through assessments of annual charges on a li- ‘‘(2) accept, hold, utilize, and administer gifts holder that are designated by the Commission censee or class of licensee of the Commission; of real and personal property (not including under section 161k.; and money) for the purpose of aiding or facilitating ‘‘(iii) a law applicable to property of signifi- ‘‘(ii) subject to subparagraph (C), request that the work of the Nuclear Regulatory Commis- cance to the common defense and security that funding for the activities described in clause (i) sion.’’. is in the custody of a licensee or certificate hold- be appropriated to the Commission out of the (b) CRITERIA FOR ACCEPTANCE OF GIFTS.— er or a contractor of a licensee or certificate general fund of the Treasury. (1) IN GENERAL.—Chapter 14 of title I of the holder of the Commission; or ‘‘(B) CONSIDERATIONS.—In making the deter- Atomic Energy Act of 1954 (42 U.S.C. 2201 et ‘‘(iv) any provision of this Act that subjects mination under subparagraph (A), the Commis- seq.) is amended by adding at the end the fol- an offender to a fine, imprisonment, or both. sion shall consider— lowing: ‘‘(3) OTHER AUTHORITY.—The arrest authority ‘‘(i) the extent to which activities of the Com- ‘‘SEC. 170C. CRITERIA FOR ACCEPTANCE OF conferred by this section is in addition to any mission provide benefits to persons that are not GIFTS. arrest authority under other law. licensees of the Commission; and ‘‘(a) IN GENERAL.—The Commission shall es- ‘‘(4) GUIDELINES.—The Secretary and the ‘‘(ii) the extent to which the Commission can- tablish written criteria for determining whether Commission, with the approval of the Attorney not, as a matter of law, or does not, as a matter to accept gifts under section 161g.(2). General, shall issue guidelines to implement sec- of policy, assess fees or charges on a licensee or ‘‘(b) CONSIDERATIONS.—The criteria under tion 161k. and this subsection.’’. class of licensee that benefits from the activities. subsection (a) shall take into consideration (b) CONFORMING AND TECHNICAL AMEND- ‘‘(C) MAXIMUM EXCLUDED AMOUNT.—The total whether the acceptance of the gift would com- MENTS.—The table of contents of chapter 14 of amount of costs for which appropriations from promise the integrity of, or the appearance of title I of the Atomic Energy Act of 1954 (42 the general fund of the Treasury may be sought the integrity of, the Commission or any officer U.S.C. prec. 2011) (as amended by section by the Commission under subparagraph (A)(ii) or employee of the Commission.’’. 204(b)(2)) is amended by adding at the end the for any fiscal year shall not exceed— (2) CONFORMING AND TECHNICAL AMEND- following: ‘‘(i) for fiscal years 2001 and 2002, 12 percent MENTS.—The table of contents of chapter 14 of ‘‘Sec. 170D. Carrying of firearms.’’. of the budget authority of the Commission; title I of the Atomic Energy Act of 1954 (42 ‘‘(ii) for fiscal year 2003, 4 percent of the SEC. 206. UNAUTHORIZED INTRODUCTION OF U.S.C. prec. 2011) is amended by adding at the DANGEROUS WEAPONS. budget authority of the Commission; end the following: Section 229a. of the Atomic Energy Act of 1954 ‘‘(iii) for fiscal year 2004, 8 percent of the ‘‘Sec. 170C. Criteria for acceptance of gifts.’’. (42 U.S.C. 2278a(a)) is amended in the first sen- budget authority of the Commission; or tence by inserting ‘‘or subject to the licensing ‘‘(iv) for fiscal year 2005, 12 percent of the SEC. 205. CARRYING OF FIREARMS BY LICENSEE authority of the Commission or to certification budget authority of the Commission.’’. EMPLOYEES. (a) IN GENERAL.—Chapter 14 of title I of the by the Commission under this Act or any other SEC. 102. COST RECOVERY FROM GOVERNMENT Atomic Energy Act of 1954 (42 U.S.C. 2201 et Act’’ before the period at the end. AGENCIES. seq.) (as amended by section 204(b)) is amend- Section 161w. of the Atomic Energy Act of 1954 SEC. 207. SABOTAGE OF NUCLEAR FACILITIES OR ed— FUEL. (42 U.S.C. 2201(w)) is amended— (1) in section 161, by striking subsection k. Section 236a. of the Atomic Energy Act of 1954 (1) by striking ‘‘, or which operates any facil- and inserting the following: (42 U.S.C. 2284(a)) is amended— ity regulated or certified under section 1701 or ‘‘(k) authorize to carry a firearm in the per- (1) in paragraph (2), by striking ‘‘storage fa- 1702,’’; formance of official duties such of its members, cility’’ and inserting ‘‘storage, treatment, or dis- (2) by striking ‘‘483a’’ and inserting ‘‘9701’’; officers, and employees, such of the employees posal facility’’; and of its contractors and subcontractors (at any (2) in paragraph (3)— (3) by inserting before the period at the end tier) engaged in the protection of property under (A) by striking ‘‘such a utilization facility’’ the following: ‘‘, and, commencing October 1, the jurisdiction of the United States located at and inserting ‘‘a utilization facility licensed 2000, prescribe and collect from any other Gov- facilities owned by or contracted to the United under this Act’’; and ernment agency any fee, charge, or price that States or being transported to or from such fa- (B) by striking ‘‘or’’ at the end; the Commission may require in accordance with cilities, and such of the employees of persons li- (3) in paragraph (4)— section 9701 of title 31, United States Code, or censed or certified by the Commission (including (A) by striking ‘‘facility licensed’’ and insert- any other law’’. employees of contractors of licensees or certifi- ing ‘‘or nuclear fuel fabrication facility licensed TITLE II—OTHER PROVISIONS cate holders) engaged in the protection of facili- or certified’’; and SEC. 201. OFFICE LOCATION. ties owned or operated by a Commission licensee (B) by striking the period at the end and in- Section 23 of the Atomic Energy Act of 1954 (42 or certificate holder that are designated by the serting ‘‘; or’’; and U.S.C. 2033) is amended by striking ‘‘; however, Commission or in the protection of property of (4) by adding at the end the following: the Commission shall maintain an office for the significance to the common defense and security ‘‘(5) any production, utilization, waste stor- service of process and papers within the District located at facilities owned or operated by a age, waste treatment, waste disposal, uranium of Columbia’’. Commission licensee or certificate holder or enrichment, or nuclear fuel fabrication facility SEC. 202. LICENSE PERIOD. being transported to or from such facilities, as subject to licensing or certification under this Section 103c. of the Atomic Energy Act of 1954 the Commission considers necessary in the inter- Act during construction of the facility, if the (42 U.S.C. 2133(c)) is amended— est of the common defense and security;’’ and person knows or reasonably should know that (1) by striking ‘‘c. Each such’’ and inserting (2) by adding at the end the following: there is a significant possibility that the de- the following: ‘‘SEC. 170D. CARRYING OF FIREARMS. struction or damage caused or attempted to be ‘‘c. LICENSE PERIOD.— ‘‘(a) AUTHORITY TO MAKE ARREST.— caused could adversely affect public health and ‘‘(1) IN GENERAL.—Each such’’; and ‘‘(1) IN GENERAL.—A person authorized under safety during the operation of the facility.’’. (2) by adding at the end the following: section 161k. to carry a firearm may, while in Amend the title so as to read: ‘‘An Act to ‘‘(2) COMBINED LICENSES.—In the case of a the performance of, and in connection with, of- extend the authority of the Nuclear Regu- combined construction and operating license ficial duties, arrest an individual without a latory Commission to collect fees through issued under section 185(b), the initial duration warrant for any offense against the United 2005, and for other purposes.’’. of the license may not exceed 40 years from the States committed in the presence of the person AMENDMENTS NOS. 3100 AND 3101, EN BLOC date on which the Commission finds, before op- or for any felony under the laws of the United Mr. SESSIONS. The chairman has eration of the facility, that the acceptance cri- States if the person has a reasonable ground to two amendments at the desk and I ask teria required by section 185(b) are met.’’. believe that the individual has committed or is they be considered en bloc. SEC. 203. ELIMINATION OF NRC ANTITRUST RE- committing such a felony. The PRESIDING OFFICER. The VIEWS. ‘‘(2) LIMITATION.—An employee of a con- Section 105 of the Atomic Energy Act of 1954 tractor or subcontractor or of a Commission li- clerk will report by title. (42 U.S.C. 2135) is amended by adding at the end censee or certificate holder (or a contractor of a The legislative clerk read as follows: the following: licensee or certificate holder) authorized to The Senator from Alabama (Mr. SESSIONS) ‘‘(d) APPLICABILITY.—Subsection (c) shall not make an arrest under paragraph (1) may make proposes amendments numbered 3100 and apply to an application for a license to con- an arrest only— 3101, en bloc.

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2813 The amendments en bloc are as fol- third time and passed, and the motion (16) Section 609U of the Justice Assistance Act lows: to reconsider be laid upon the table, of 1984 (42 U.S.C. 10509). (17) Section 13(a) of the Classified Information AMENDMENT NO. 3100 the amendment to the title be agreed Procedures Act (18 U.S.C. App.). (Purpose: To amend the provision extending to, and that any statements relating to (18) Section 1004 of the Civil Rights Act of the authority of the Nuclear Regulatory the bill be printed in the RECORD. 1964(42 U.S.C. 2000g–3). Commission to collect annual charges and The PRESIDING OFFICER. Without (19) Section 1114 of the Right to Financial Pri- modifying the formula for the charges) objection, it is so ordered. vacy Act of 1978 (12 U.S.C. 3414). Beginning on page 5, strike line 2 and all The bill (S. 1627), as amended, was (20) Section 11 of the Foreign Agents Registra- that follows through page 7, line 22, and in- read the third time and passed. tion Act of 1938 (22 U.S.C. 621). sert the following: (The bill will be printed in a future (21) The following provisions of the Foreign SEC. 101. NUCLEAR REGULATORY COMMISSION Intelligence Surveillance Act of 1978: sections edition of the RECORD.) 107 (50 U.S.C. 1807) and 108 (50 U.S.C. 1808). ANNUAL CHARGES. An Act to extend the authority of the Nu- Section 6101 of the Omnibus Budget Rec- (22) Section 102(b)(5) of the Department of clear Regulatory Commission to collect fees Justice and Related Agencies Appropriations onciliation Act of 1990 (42 U.S.C. 2214) is through 2005, and for other purposes. amended— Act, 1993 (28 U.S.C. 533 note). (1) in subsection (a)(3), by striking ‘‘Sep- f SEC. 2. ENCRYPTION REPORTING REQUIRE- tember 30, 1999’’ and inserting ‘‘September CONTINUED REPORTING OF INTER- MENTS. 20, 2005’’; and (a) Section 2519(2)(b) of title 18, United States CEPTED WIRE, ORAL, AND ELEC- Code, is amended by striking ‘‘and (iv)’’ and in- (2) in subsection (c)— TRONIC COMMUNICATIONS ACT (A) in paragraph (1), by inserting ‘‘or cer- serting ‘‘(iv) the number of orders in which tificate holder’’ after ‘‘licensee’’; and Mr. SESSIONS. Mr. President, I ask encryption was encountered and whether such (B) by striking paragraph (2) and inserting the Chair lay before the Senate a mes- encryption prevented law enforcement from ob- the following: sage from the House of Representatives taining the plain text of communications inter- ‘‘(2) AGGREGATE AMOUNT OF CHARGES.— cepted pursuant to such order, and (v)’’. on the bill (S. 1769) to the reporting re- (b) The encryption reporting requirement in ‘‘(A) IN GENERAL.—The aggregate amount quirements of section 2519 of title 18, of the annual charges collected from all li- subsection (a) shall be effective for the report censees and certificate holders in a fiscal United States Code, beyond December transmitted by the Director of the Administra- year shall equal an amount that approxi- 21, 1999, and for other purposes, tive Office of the Courts for calendar year 2000 mates the percentages of the budget author- The PRESIDING OFFICER laid be- and in subsequent reports. ity of the Commission for the fiscal year fore the Senate the following message SEC. 3. REPORTS CONCERNING PEN REGISTERS stated in subparagraph (B), less— from the House of Representatives; AND TRAP AND TRACE DEVICES. ‘‘(i) amounts collected under subsection (b) Resolved, That the bill from the Senate (S. Section 3126 of title 18, United States Code, is during the fiscal year; and 1769) entitled ‘‘An Act to continue the re- amended by striking the period and inserting ‘‘, ‘‘(ii) amounts appropriated to the Commis- porting requirements of section 2519 of title which report shall include information con- sion from the Nuclear Waste Fund for the 18, United States Code, beyond December 21, cerning— fiscal year. 1999, and for other purposes’’, do pass with ‘‘(1) the period of interceptions authorized by ‘‘(B) PERCENTAGES.—The percentages re- the following amendments: the order, and the number and duration of any ferred to in subparagraph (A) are— Strike out all after the enacting clause and extensions of the order; ‘‘(i) 98 percent for fiscal year 2001; insert: ‘‘(2) the offense specified in the order or appli- ‘‘(ii) 96 percent for fiscal year 2002; cation, or extension of an order; SECTION 1. EXEMPTION OF CERTAIN REPORTS ‘‘(3) the number of investigations involved; ‘‘(iii) 94 percent for fiscal year 2003; FROM AUTOMATIC ELIMINATION ‘‘(4) the number and nature of the facilities ‘‘(iv) 92 percent for fiscal year 2004; and AND SUNSET. affected; and ‘‘(v) 88 percent for fiscal year 2005.’’. Section 3003(a)(1) of the Federal Reports ‘‘(5) the identity, including district, of the ap- Elimination and Sunset Act of 1995 (31 U.S.C. plying investigative or law enforcement agency AMENDMENT NO. 3101 1113 note) does not apply to any report required making the application and the person author- to be submitted under any of the following pro- (Purpose: To amend the Atomic Energy Act izing the order.’’. visions of law: of 1954 to provide the Nuclear Regulatory Amend the title so as to read ‘‘An Act to (1) The following sections of title 18, United Commission authority over former licens- exempt certain reports from automatic States Code: sections 2519(3), 2709(e), 3126, and ees for funding of decommissionings) elimination and sunset pursuant to the Fed- On page 7, strike line 23 and insert the fol- 3525(b). (2) The following sections of title 28, United eral Reports Elimination and Sunset Act of lowing: States Code: sections 522, 524(c)(6), 529, 589a(d), 1995, and for other purposes.’’. SEC. 102. NUCLEAR REGULATORY COMMISSION and 594. Mr. LEAHY. Mr. President, I am AUTHORITY OVER FORMER LICENS- EES FOR DECOMMISSIONING FUND- (3) Section 3718(c) of title 31, United States pleased that the Senate is today con- ING. Code. sidering for final passage S. 1769, as Section 161i. of the Atomic Energy Act of (4) Section 9 of the Child Protection Act of amended by the House. I introduced S. 1984 (28 U.S.C. 522 note). 1954 (42 U.S.C. 2201(i)) is amended— 1769 with Chairman HATCH on October (1) by striking ‘‘and (3)’’ and inserting (5) Section 8 of the Civil Rights of Institu- tionalized Persons Act (42 U.S.C. 1997f). 22, 1999 and it passed the Senate on No- ‘‘(3)’’; and vember 5, 1999. This bill will continue (2) by inserting before the semicolon at the (6) The following provisions of the Omnibus end the following: ‘‘, and (4) to ensure that Crime Control and Safe Streets Act of 1968: sec- and enhance the current reporting re- sufficient funds will be available for the de- tions 102(b) (42 U.S.C. 3712(b)), 520 (42 U.S.C. quirements for the Administrative Of- commissioning of any production or utiliza- 3766), 522 (42 U.S.C. 3766b), and 810 (42 U.S.C. fice of the Courts and the Attorney tion facility licensed under section 103 or 3789e). General on the eavesdropping and sur- 104b., including standards and restrictions (7) The following provisions of the Immigra- veillance activities of our federal and tion and Nationality Act: sections 103 (8 U.S.C. governing the control, maintenance, use, and state law enforcement agencies. The disbursement by any former licensee under 1103), 207(c)(3) (8 U.S.C. 1157(c)(3)), 412(b) (8 U.S.C. 1522(b)), and 413 (8 U.S.C. 1523), and House amendment is the text of H.R. this Act that has control over any fund for 3111, a bill to exempt from automatic the decommissioning of the facility’’. subsections (h), (l), (o), (q), and (r) of section 286 (8 U.S.C. 1356). elimination and sunset certain reports SEC. 103. COST RECOVERY FROM GOVERNMENT (8) Section 3 of the International Claims Set- AGENCIES. submitted to Congress that are useful Mr. SESSIONS. I ask unanimous con- tlement Act of 1949 (22 U.S.C. 1622). and helpful in informing the Congress (9) Section 9 of the War Claims Act of 1948 (50 and the public about the activities of sent the amendments be agreed to en U.S.C. App. 2008). bloc. (10) Section 13(c) of the Act of September 11, federal agencies in the enforcement of The PRESIDING OFFICER. Without 1957 (8 U.S.C. 1255b(c)). federal law. I am also glad to support objection, it is so ordered. (11) Section 203(b) of the Aleutian and Pribilof this amendment. The amendments (No. 3100 and 3101), Islands Restitution Act (50 U.S.C. App. 1989c– For many years, the Administrative en bloc, were agreed to. 2(b)). Office (AO) of the Courts has complied Mr. SESSIONS. I ask unanimous con- (12) Section 801(e) of the Immigration Act of with the statutory requirement, in 18 sent that the committee substitute 1990 (29 U.S.C. 2920(e)). U.S.C. 2519(3), to report to Congress an- (13) Section 401 of the Immigration Reform nually the number and nature of fed- amendment, as amended, be agreed to. and Control Act of 1986 (8 U.S.C. 1364). The PRESIDING OFFICER. Without (14) Section 707 of the Equal Credit Oppor- eral and state applications for orders objection, it is so ordered. tunity Act (15 U.S.C. 1691f). authorizing or approving the intercep- Mr. SESSIONS. I ask unanimous con- (15) Section 201(b) of the Privacy Protection tion of wire, oral or electronic commu- sent the bill, as amended, be read the Act of 1980 (42 U.S.C. 2000aa–11(b)). nications. By letter dated September 3,

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2814 CONGRESSIONAL RECORD — SENATE April 13, 2000 1999, the AO advised that it would no information. Yet, the same technology information on the identity, including longer submit this report because ‘‘as poses challenges to law enforcement the district, of the agency making the of December 21, 1999, the report will no when it is exploited by criminals to application and the person authorizing longer be required pursuant to the Fed- hide evidence or the fruits of criminal the order. In this way, the Congress eral Reports Elimination and Sunset activities. A report by the U.S. Work- and the public will be informed of those Act of 1995.’’ I commend the AO for ing Group on Organized Crime titled, jurisdictions and using this surveil- alerting Congress that their responsi- ‘‘Encryption and Evolving Tech- lance technique—information which is bility for the wiretap reports would nologies: Tools of Organized Crime and currently not included in the Attorney lapse at the end of this year, and for Terrorism,’’ released in 1997, collected General’s annual reports. doing so in time for Congress to take anecdotal case studies on the use of The requirement for preparation of action. The date upon which this re- encryption in furtherance of criminal the wiretap reports will soon lapse so I porting requirement was due to lapse activities in order to estimate the fu- am delighted to see the Congress take was extended in the FY 2000 Consoli- ture impact of encryption on law en- prompt action on this legislation to dated Appropriations Act, H.R. 3194, forcement. The report noted the need continue the requirement for submis- until May 15, 2000—only a few short for ‘‘an ongoing study of the effect of sion of the wiretap reports and to up- weeks away. encryption and other information tech- date the reporting requirements for AO has done an excellent job of pre- nologies on investigations, prosecu- both the wiretap reports submitted by paring the wiretap reports. We need to tions, and intelligence operations’’. As the AO and the pen register and trap continue the AO’s objective work in a part of this study, ‘‘a database of case and trace reports submitted by the At- consistent manner. If another agency information from federal and local law torney General. took over this important task at this enforcement and intelligence agencies Mr. SESSIONS. I ask unanimous con- juncture and the numbers came out in should be established and maintained.’’ sent the Senate concur in the amend- a different format, it would imme- Adding a requirement that reports be ments of the House. diately generate questions and con- furnished on the number of occasions The PRESIDING OFFICER. Without cerns over the legitimacy and accuracy when encryption is encountered by law objection, it is so ordered. of the contents of that report. enforcement is a far more reliable basis f In addition, it would create diffi- than anecdotal evidence on which to culties in comparing statistics from assess law enforcement needs and make RECOGNIZING THE 50TH ANNIVER- prior years going back to 1969 and com- sensible policy in this area. SARY OF THE KOREAN WAR plicate the job of congressional over- The final section of S. 1769 would cod- Mr. SESSIONS. Mr. President, on be- sight. Furthermore, transferring this ify the information that the Attorney half of the leader, I ask unanimous reporting duty to another agency General already provides on pen reg- consent the Senate now proceed to the might create delays in issuance of the ister and trap and trace device orders, immediate consideration of H.J. Res. report since no other agency has the and would require further information 86. methodology in place. Finally, federal, on where such orders are issued and the The PRESIDING OFFICER. The state and local agencies are well accus- types of facilities—telephone, com- clerk will report the joint resolution tomed to the reporting methodology puter, pager or other device—to which by title. developed by the AO. Notifying all the order relates. Under the Electronic The legislative clerk read as follows: these agencies that the reporting Communications Privacy Act A joint resolution (H.J. Res. 86) recog- standards and agency have changed (‘‘ECPA’’) of 1986, P.O. 99–508, codified nizing the 50th anniversary of the Korean would inevitably create more confusion at 18 U.S.C. 3126, the Attorney General War and the service by Members of the of the United States is required to re- Armed Forces during such war, and for other and more expense as law enforcement purposes. agencies across the country are forced port annually to the Congress on the to learn with a new system and develop number of pen register orders and or- There being no objection, the Senate a liaison with a new agency. ders for trap and trace devices applied proceeded to consider the joint resolu- The system in place now has worked for by law enforcement agencies of the tion. well and we should avoid any disrup- Department of Justice. As the original Mr. SESSIONS. Mr. President, I ask tions. We know how quickly law en- sponsor of ECPA, I believed that ade- unanimous consent that the joint reso- forcement may be subjected to criti- quate oversight of the surveillance ac- lution be read the third time and cism over their use of these surrep- tivities of federal law enforcement passed, the preamble be agreed to, the titious surveillance tools and we could only be accomplished with re- motion to reconsider be laid upon the should avoid aggravating these sen- porting requirements such as the one table, and any statements relating to sitivities by changing the reporting included in this law. this resolution be printed in the agency and methodology on little to no The reports furnished by the Attor- RECORD. notice. I appreciate, however, the AO’s ney General on an annual basis compile The PRESIDING OFFICER. Without interest in transferring the wiretap re- information from five components of objection, it is so ordered. The preamble was agreed to. porting requirement to another entity. the Department of Justice: the Federal The joint resolution (H.J. Res. 86) Any such transfer must be accom- Bureau of Investigation, the Drug En- was read the third time and passed. plished with a minimum of disruption forcement Administration, the Immi- to the collection and reporting of infor- gration and Naturalization Service, the f mation and with complete assurances United States Marshals Service and the C.B. KING UNITED STATES that any new entity is able to fulfill Office of the Inspector General. The re- COURTHOUSE this important job as capably as the port contains information on the num- Mr. SESSIONS. Mr. President, I ask AO has done. ber of original and extension orders the Chair lay before the Senate a mes- S. 1769 would update the reporting re- made to the courts for authorization to sage from the House of Representatives quirements currently in place with one use both pen register and trap and of the bill (S. 1567) to designate the additional reporting requirement. Spe- trace devices, information concerning United States courthouse located at 223 cifically, the bill would require the the number of investigations involved, Broad Street in Albany, Georgia, as the wiretap reports prepared beginning in the offenses on which the applications C.B. King United States Courthouse. calendar year 2000 to include informa- were predicted and the number of peo- The PRESIDING OFFICER laid be- tion on the number of orders in which ple whose telephone facilities were af- fore the Senate the following message encryption was encountered and fected. from the House of Representatives: whether such encryption prevented law These specific categories of information are useful, and S. 1769 would direct Resolved, That the bill from the Senate (S. enforcement from obtaining the plain 1567) entitled ‘‘An Act to designate the text of communications intercepted the Attorney General to continue pro- United States courthouse located at 223 pursuant to such order. viding these specific categories of in- Broad Street in Albany, Georgia, as the ‘C.B. Encryption technology is critical to formation. In addition, the bill would King United States Courthouse’.’’, do pass protect sensitive computer and online direct the Attorney General to include with the following amendments:

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — SENATE S2815 Strike out all after the enacting clause and The PRESIDING OFFICER. Without PROGRAM insert: objection, it is so ordered. Mr. SESSIONS. For the information SECTION 1. DESIGNATION. of all Senators, the Senate will con- The United States courthouse located at 223 f Broad Avenue in Albany, Georgia, shall be vene on Tuesday, April 25, at 9:30 a.m. known and designated as the ‘‘C.B. King United and immediately begin debate on the States Courthouse’’. APPOINTMENTS motion to proceed to the victims’ SEC. 2. REFERENCES. The PRESIDING OFFICER. The rights legislation until 12:30 p.m. At Any reference in a law, map, regulation, doc- Chair, on behalf of the majority leader, 2:15 p.m., when the Senate reconvenes ument, paper, or other record of the United after consultation with the chairman from the weekly party conference States to the United States courthouse referred of the Senate Committee on Finance, luncheons, the Senate will vote on the to in section 1 shall be deemed to be a reference pursuant to Public Law 106–170, an- motion to invoke cloture on the mo- to the ‘‘C.B. King United States Courthouse’’. tion to proceed to S.J. Res 3. If that Amend the title so as to read ‘‘An Act to nounces the appointment of the fol- designate the United States courthouse lo- lowing individuals to serve as members cloture vote is not invoked, then a sec- cated at 223 Broad Avenue in Albany, Geor- of the Ticket to Work and Work Incen- ond vote will occur on cloture on the gia, as the ‘C.B. King United States Court- tives Advisory Panel: Larry D. Hender- marriage penalty bill. It is hoped that house’.’’. son, of Delaware, for a term of two cloture will be invoked and debate can Mr. SESSIONS. I ask unanimous con- years, and Stephanie Smith Lee, of begin on the crime victims resolution sent the Senate agree to the amend- Virginia, for a term of four years. following the vote. ments of the House. The Chair, on behalf of the Demo- In addition, the leaders will continue The PRESIDING OFFICER. Without cratic leader, after consultation with to work to resolve the Democratic ob- objection, it is so ordered. the ranking member of the Senate jections to the marriage penalty bill. f Committee on Finance, pursuant to f Public Law 106–170, announces the ap- COMMENDING THE LIBRARY OF pointment of the following individuals ADJOURNMENT UNTIL 9:30 A.M., CONGRESS AND ITS STAFF to serve as members of the Ticket to TUESDAY, APRIL 25, 2000 Mr. SESSIONS. I ask unanimous con- Work and Work Incentives Advisory Mr. SESSIONS. If there is no further sent the Senate proceed to the imme- Panel: Dr. Richard V. Burkhauser, of business to come before the Senate, I diate consideration of H. Con. Res. 269 New York, for a term of two years, and now ask unanimous consent the Senate reported by the Judiciary Committee. Ms. Christine M. Griffin, of Massachu- stand in adjournment under the provi- The PRESIDING OFFICER. The setts, for a term of four years. sions of H. Con. Res. 303. clerk will report the resolution by There being no objection, the Senate, title. f at 8:19 p.m., adjourned until Tuesday, The legislative clerk read as follows: April 25, 2000, at 9:30 a.m. A House concurrent resolution (H. Con. ORDERS FOR TUESDAY, APRIL 25, f Res. 269) commending the Library of Con- 2000 gress and its staff for 200 years of out- NOMINATIONS standing service to the Congress and the Na- Mr. SESSIONS. Mr. President, on be- tion and encouraging the American public to half of the leader, I ask unanimous Executive nominations received by participate in bicentennial activities. consent that when the Senate com- the Senate April 13, 2000: There being no objection, the Senate pletes its business today, it adjourn DEPARTMENT OF TRANSPORTATION proceeded to consider the concurrent under the provisions of H. Con. Res. 303 PHIL BOYER, OF MARYLAND, TO BE A MEMBER OF THE FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL resolution. until the hour of 9:30 a.m. on Tuesday, FOR A TERM OF TWO YEARS. (NEW POSITION) Mr. SESSIONS. I ask unanimous con- April 25. I further ask consent that on DEPARTMENT OF ENERGY Tuesday, immediately following the sent that the resolution be agreed to, MILDRED SPIEWAK DRESSELHAUS, OF MASSACHU- the preamble be agreed to, and the mo- prayer, the Journal of proceedings be SETTS, TO BE DIRECTOR OF THE OFFICE OF ENERGY RE- tion to reconsider be laid upon the approved to date, the morning hour be SEARCH, VICE MARTHA ANNE KREBS. table, and any statements be printed in deemed expired, the time for the two DEPARTMENT OF STATE the RECORD, including a statement of leaders be reserved for their use later JAMES DONALD WALSH, OF CALIFORNIA, A CAREER in the day, and the Senate then begin MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF Senator STEVENS. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- The preamble was agreed to. to debate on the motion to proceed to DINARY AND PLENIPOTENTIARY OF THE UNITED STATES The concurrent resolution (H. Con. S.J. Res. 3, proposing an amendment to OF AMERICA TO ARGENTINA. Res. 269) was agreed to. the Constitution to protect the rights DEPARTMENT OF JUSTICE of crime victims, until 12:30 p.m., with JAMES L. WHIGHAM, OF ILLINOIS, TO BE UNITED f STATES MARSHAL FOR THE NORTHERN DISTRICT OF IL- the time equally divided between the LINOIS FOR THE TERM OF FOUR YEARS VICE JOSEPH AUTHORITY FOR COMMITTEES TO two bill managers. GEORGE DILEONARDI, RESIGNED. FILE LEGISLATIVE MATTERS I further ask unanimous consent that IN THE MARINE CORPS Mr. SESSIONS. Mr. President, I ask at the hour of 12:30 p.m. the Senate THE FOLLOWING NAMED OFFICER FOR APPOINTMENT unanimous consent that, notwith- stand in recess until the hour of 2:15 IN THE UNITED STATES MARINE CORPS TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- standing the adjournment, the Senate p.m. in order for the weekly party cau- TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., committees have from 11 a.m. until 1 cuses to meet. SECTION 601: p.m. on Thursday, April 20, in order to The PRESIDING OFFICER. Without To be lieutenant general file legislative matters. objection, it is so ordered. MAJ. GEN. MICHAEL W. HAGEE, 0000

VerDate Mar 15 2010 23:17 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 9801 E:\2000SENATE\S13AP0.PT2 S13AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E559 EXTENSIONS OF REMARKS

CHILD ABUSE PREVENTION MONTH Rights 2000. I urge my colleagues to join in Tennessee. During this time, he earned pro- supporting this important legislation. motion to first lieutenant and received the HON. JAMES P. MORAN H.R. 4163 is a bipartisan bill designed to Army Commendation Medal. OF VIRGINIA provide further protections to taxpayers from Colonel CLEMENT joined the Tennessee IN THE HOUSE OF REPRESENTATIVES regulatory abuse by the Internal Revenue Army National Guard in January 1971 when Thursday, April 13, 2000 Service. In recent years, the Congress has he became a Personnel Management Officer adopted several of these taxpayer bill of in the 530th Administration Company. He was Mr. MORAN of Virginia. Mr. Speaker, today rights, which have done much to reign in promoted to Captain while serving as a Spe- I commemorate April as the Child Abuse Pre- some of the more outrageous abuses heaped cial Services Officer in that unit. In 1975, he vention month and to inform my colleagues of on taxpayers, who, by no fault of their own, became an Assistant Information Officer in the a quiet but devastating situation that continues have run afoul of overzealous IRS personnel. 118th Public Affair Detachment. Shortly there- to plague our nation: that of child abuse and This legislation offers a number of important after, Colonel CLEMENT was reassigned as a neglect. In this time of prosperity we are leav- protections for those individuals who have Race Relations and Equal Opportunity Train- ing needy children behind. been unable to pay their taxes on time and ing Officer in the Headquarters, Tennessee More than 1 million children are reported thus have incurred additional interest and pen- Army National Guard, Nashville, Tennessee. abused and neglected in this country each year. This is an amazing statistic, especially alty charges. Specifically, the bill repeals the He then served the Headquarters as Race Re- when most cases of neglect and abuse are present day penalty for failure to pay tax, for lations and Equal Opportunity Officer for the not reported. those taxpayers that have entered into install- next six and one half years. He was promoted In Virginia, according to the American Hu- ment payments with the IRS to repay large to Major during this assignment. mane Association's Children Division in 1997, outstanding balances. In 1983, Colonel CLEMENT was named there were 11,792 confirmed reports of mal- Additionally, this bill: Expands cir- Chief, Enlisted Personnel Branch, Head- treatment to children. cumstances where interest on underpayment quarters, State Area Command, Tennessee The situation, as it exists right now, simply of taxes may be abated, simplifies estimated Army National Guard. After receiving signifi- cannot go on. These children need and de- tax calculations, limits taxpayer exposure to cant experience in personnel actions over the serve our help, and Congress can and must underpayment interest through the use of next three years, he became a Selective Serv- step in if we are to begin to better tackle this qualified reserve accounts, and tightens the ice Officer and was promoted to Lieutenant public health epidemic and national tragedy. privacy rights of taxpayers through limiting dis- Colonel. His next assignment was as a Plans Mr. Speaker, I urge my colleagues to support closure options open to the IRS. and Operations Officer in the Plans, Oper- vital federal programs that seek to address Mr. Speaker, similar bills in the past have ations and Training Division. After completing this problem through improved preventive and done much to provide protection to taxpayers four years in this assignment, he was pro- early intervention services. from overbearing Federal agencies with regu- moted to Colonel and detailed as a Special The effects of child abuse are felt by com- lations that have had unintended con- Plans and Operations Officer. In July 1995, munities as a whole and need to be ad- sequences in their implementation. This legis- Colonel CLEMENT became the Deputy Director, dressed by the entire community. All citizens lation continues that tradition by offering im- Plans, Operations and Training Division. One should become more aware of the negative ef- portant protections to have, for whatever rea- year later, he was assigned as the Senior fects of child abuse and its prevention within son, made under-payments on taxes owed Medical Operations Support Officer in support the community. All citizens should become in- and are subsequently trying to make good on of MEDIGUARD Operations and served admi- volved in supporting vulnerable and at risk any overdue balances. rably in this assignment until his retirement. parents to raise their children in a safe nur- Accordingly, I urge my colleagues to support Mr. Speaker, Colonel CLEMENT has dedi- turing environment. This is why it is important this worthy legislation. cated over 31 years to the military, serving to recognize April as Child Abuse Prevention f with honor and distinction. I wish him all the Month. best in the days ahead as he continues his All citizens, community agencies, religious TRIBUTE TO RETIRING COLONEL public service by representing the people of organizations, medical facilities, and busi- ROBERT N. CLEMENT the state of Tennessee. I am certain that the nesses should increase their participation in Members of the House will join me in paying our efforts to prevent child abuse, thereby HON. IKE SKELTON tribute to this fine officer. strengthening the communities in which we OF MISSOURI f live. IN THE HOUSE OF REPRESENTATIVES Child maltreatment has ramifications far be- HONORING MS. MITZI STITES OF yond the actual physical and psychological Thursday, April 13, 2000 SPRINGFIELD, TN, ON THE OCCA- harm done to the child. It also affects school Mr. SKELTON. Mr. Speaker, it has come to SION OF HER RETIREMENT AS readiness, juvenile crime and poor health out- my attention that our colleague in the House EXECUTIVE DIRECTOR OF THE comes. We simply must do more. of Representatives, Colonel ROBERT N. CLEM- ROBERTSON COUNTY CHILD AD- Mr. Speaker, I hope that I can count on my ENT, will retire from the Tennessee Army Na- VOCACY CENTER colleagues to recognize this month as Child tional Guard on April 30, 2000, after more Abuse Prevention Month and give strong sup- than 31 years of exemplary military service. HON. BOB CLEMENT port of these and other measures so that we Colonel CLEMENT began his career as a OF TENNESSEE can seek to put an end to what can only be Second Lieutenant in the United States Army IN THE HOUSE OF REPRESENTATIVES called a national epidemic. Reserve. In January 1969, he entered active f duty for his Officers Basic Course in the Adju- Thursday, April 13, 2000 TAXPAYER BILL OF RIGHTS 2000 tant General's Corps. Upon completion of the Mr. CLEMENT. Mr. Speaker, today I honor school at Fort Benjamin Harrison in March, he Ms. Mitzi Stites of Springfield, TN, on the oc- SPEECH OF attended Middle Managers training at Fort casion of her retirement as Executive Director Gordon, Georgia. Colonel CLEMENT remained of the Robertson County Child Advocacy Cen- HON. BENJAMIN A GILMAN at Fort Gordon to serve as the Assistant Adju- ter and her tireless efforts on behalf of Ten- OF NEW YORK tant at the United States Civil Affairs School, nessee's children. IN THE HOUSE OF REPRESENTATIVES where he received a Certificate of Achieve- Ms. Stites was named the first and only Ex- Tuesday, April 11, 2000 ment for his performance. He completed his ecutive Director of the Robertson County Child Mr. GILMAN. Mr. Speaker, I am in strong active duty service with the Army Forces En- Advocacy Center in Springfield in 1993. Mitzi support of H.R. 4163, the Taxpayer Bill of trance and Examination Station at Nashville, immediately put her energy to work for the

∑ 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 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.000 pfrm03 PsN: E13PT2 E560 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 children in the area, educating the community IN RECOGNITION OF SAMUEL MER- charter was issued on October 3, 1894, in ac- about the advocacy center and organizing RITT COLLEGE RECEIVING THE cordance with the laws regulating educational area agencies who began working and meet- 1999 CALIFORNIA GOVERNOR’S institutions in the State of Missouri. Dr. An- ing together on a regular basis as a result of QUALITY AWARD OAKLAND, CA drew Taylor Still, an allopathic physician (or her tireless efforts. M.D.), was the founder of the Kirksville school Children's Advocacy Centers (CACs) across HON. BARBARA LEE and, indeed, the father of osteopathic medi- the Nation are child-focused, facility-based OF CALIFORNIA cine. programs in which representatives from many IN THE HOUSE OF REPRESENTATIVES Osteopathic medicine is a unique form of disciplines meet to discuss and make deci- American medical care developed in 1874 by sions about investigation, treatment, and pros- Thursday, April 13, 2000 Dr. Still who was dissatisfied with the effec- ecution of child abuse cases. They also work Ms. LEE. Mr. Speaker, today I recognize tiveness of 19th century medicine. Dr. Still to prevent further victimization of children. This and celebrate Samuel Merritt College's receipt was one of the first in his time to study the at- approach brings together a comprehensive of the California Governor's Quality Award for tributes of good health so that he could under- group of agencies such as law enforcement, 1999. stand the process of disease. Dr. Still's philos- child protective services, prosecution, mental The Quality Award is California's premier ophy focused on the unity of all body parts. health and the medical community. It is an ap- award for performance excellence and quality He identified the musculoskeletal system as a proach that truly puts the needs of the child achievement in business, education and key element of health and recognized the victims first. health care professions. Samuel Merritt Col- body's ability to heal itself. Dr. Still pioneered It takes a very unique individual to facilitate lege was one of only six recipients to receive the concept of ``wellness'' over 100 years ago. communications and meetings between these this prestigious award. The College is the first He stressed preventative medicine, eating many agencies. Mitzi Stites initiated this plan institution of higher education to receive this properly and keeping fit. Dr. Still's philos- in Robertson County in 1993 and since that award. ophyÐthat in coordination with appropriate time has seen great success. She has shown Samuel Merritt College educates students medical treatmentÐthe osteopathic physician foresight and leadership not only in the day-to- for a life of highly skilled and compassionate acts as a teacher to help patients take more day operations of the facility, but by pioneering service in health care. Founded in 1909 as a responsibility for their own well-being and a number of community efforts on behalf of hospital school of nursing, Samuel Merritt Col- change unhealthy patternsÐis every bit as children. lege today offers both graduate and under- viable today as it was when he developed it. These include the Blue Ribbon Campaign in graduate degree programs in a variety of D.O.s complete four years of basic medical honor of April as Child Abuse Awareness health science fields. The College's degrees education, followed by an intern year and spe- Month, which Mitzi successfully launched in include Bachelor of Science degrees in Nurs- cialty training. In fact, D.O.s are certified in 23 1994 in Robertson County; the Teddy Bears ing and Health and Human Sciences and specialties and subspecialties. They pass for court program for child victims; the annual Master degrees in Occupational Therapy, Phy- state licensing examinations and practice in drive for backpacks filled with school supplies sician Assistant, Physical Therapy, and Nurs- duly accredited and licensed osteopathic and and toiletries for at risk, low-income, and chil- ing. allopathic healthcare facilities. D.O.s comprise dren of victimization; and ``snuggables'' given Samuel Merritt College has a long tradition to victims by the CAC, local enforcement, and a separate, yet equal, branch of American of excellence representing the finest in health the Department of Children's Services (DCS). medical care. It is the ways that D.O.s and M.D.s are dif- She also annually organized ``angels'' to anon- sciences education. On March 8, 2000, a reception was held by ymously sponsor abused children and their ferent that brings an extra dimension to families each Christmas. She has worked the College's Board of Regents in celebration healthcare. Just as Dr. Still pioneered osteo- closely with Sharon Puckett of WSMV±TV in of this honor. pathic medicine on the Missouri frontier in Nashville to provide hundreds of stuffed ani- The Samuel Merritt College is truly a valu- 1874, today's osteopathic physicians serve as mals to needy children in our area. These able resource for the community and medical modern day medical pioneers. They continue stuffed animals were often donated quietly by profession. I am proud of this accomplishment the tradition to bringing healthcare to areas of Nashville's wealth of country music stars. and join in the celebration of this well-de- greatest need. Approximately 64 percent of all In addition, Mitzi Stites has been involved in served recognition. osteopathic physicians practice in primary care numerous community and civic activities, serv- f areas such as pediatrics, family practice, ob- ing as the Secretary for the Robertson County stetrics/gynecology and internal medicine. APRIL 13, 2000 IS NATIONAL D.O. Many D.O.s fill a critical need by practicing in Coalition for several years, as well as many DAY other organizations. rural and medically underserved areas. Prior to being named Executive Director for To the over 1,600 D.O.s in my state, the ap- the Robertson County Children's Advocacy HON. JAMES M. TALENT proximately 2,000 students at Colleges of Os- Center, Stites worked briefly at the Robertson OF MISSOURI teopathic Medicine in Kirksville and Kansas County Times newspaper from 1992±1993. IN THE HOUSE OF REPRESENTATIVES City, and to all 45,000 D.O.s represented by However she spent most of her career in Thursday, April 13, 2000 the American Osteopathic AssociationÐcon- mortgage banking, first with Southeast Mort- gratulations on your contributions to the good gage Company in Miami from 1963±1989 and Mr. TALENT. Mr. Speaker, today I honor health of the American people. I look forward then with the JT Brokers Group, Inc., in Jupi- National D.O. Day. I rise to recognize mem- to working with you to further our mutual goal ter, Florida from 1989±1991. bers of the osteopathic medical profession for of continually improving our nation's Mitzi Stites often went above and beyond their substantial contributions to American healthcare. the call of duty, spending numerous hours healthcare. I congratulate the American Osteo- f fashioning the Robertson County Advocacy pathic Association on its 103 years of service Center into a warm and homey atmosphere, to osteopathic physicians and their patients. It IN RECOGNITION OF THE 50TH AN- rather than a sterile, office environment. The is my pleasure to acknowledge members of NIVERSARY OF SUISUN-FAIR- children who entered her doors often came in the osteopathic medical profession, their FIELD CHAPTER 81 OF THE DIS- traumatized and fearful, but whether they were spouses, and osteopathic medical students ABLED AMERICAN VETERANS there for one visit or numerous visits, I assure who have chosen today to make visits to their you, they always left feeling loved. representatives and senators. It's good to see HON. MIKE THOMPSON Because my Springfield Congressional of- these individuals taking time to educate our OF CALIFORNIA fice was housed next door to the Advocacy colleagues on the values and principles of os- IN THE HOUSE OF REPRESENTATIVES Center, I was able to get to know Mitzi both teopathic medicine. Thursday, April 13, 2000 professionally and personally. I admire her Mr. Speaker, I am fortunate to represent the character and zeal on behalf of the children in State of Missouri, which is the home of osteo- Mr. THOMPSON of California. Mr. Speaker, our community, who once abused or ne- pathic medicine. In 1892, a charter was ob- today I recognize Disabled American Veterans glected, often have no voice. Mitzi Stites has tained for the American School of Osteopathy. Chapter 81 of Suisun-Fairfield, California as been that voice heard loud and clear on behalf The original school was located in a small one this organization celebrates its 50th anniver- of these children. room building in Kirksville, Missouri and today sary of service to our country. I wish the best for Ms. Stites on her retire- is known as the Kirksville College of Osteo- The Suisun-Fairfield Chapter is part of a nament and in all of her future endeavors. pathic Medicine. A revised and expanded tional DAV network that provides services to

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.004 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E561 and represents America's 2.1 million service- This bill has six provisions. One provision cept to the extent that a court has authorized connected disabled veterans. would clarify the liability for contaminated creditor action with regard to unpaid child sup- The DAV was formed in 1920 when local lands. The clarification of contaminated land port. Thus, child support levies are valid self help groups that had formed to provide would declare that no person acquiring inter- against Settlement Common Stock as long as support for the more than 300,000 disabled est in land under this Act shall be liable for the a court has previously authorized such ac- World War I troops who returned home from costs of removal or remedial action, any dam- tions. European battlefields merged into one national ages, or any third party liability arising out or The proposed provision removes the uncer- organization. The national organization re- as a result of any contamination on that land tainty as to levies against the beneficial inter- ceived its Congressional Charter in 1932. at the time the land was acquired under this ests in a settlement trust by clarifying that Forty local veterans helped organize and Act. such levies and other creditor actions may charter Chapter 81 in 1950. Over the years, its Section 3 of the bill amends the Act further occur in the same circumstances that such membership has grown to more than 900 vet- to allow equal access to Alaska Native Vet- levies and actions could occur with regard to erans. erans who served in the military or other the stock in a Native corporation. Not only The annual Forget-Me-Not Drive is Chapter armed services during the Viet Nam war. Alas- does this confirm the trust procedure to a pro- 81's primary community activity. The Forget- ka Natives have faithfully answered the call of cedure already known to the personnel within Me-Not Drive commemorates images brought duty when asked to serve in the armed serv- Native corporations (who often provide the day back by soldiers who fought in World War I of ices. In fact, American Indians and Alaska Na- to day administration of the trusts), but it also flowers growing among the graves of their fall- tives generally have the highest record of an- follows logically because the source of the set- en comrades. The flower became the symbol swering the call to duty. tlement trust assets was the Native corpora- of both those who died in battle and those Under the Native Allotment Act, Alaska Na- tion. who came home bearing the scars of war. tives were allowed to apply for lands which Mr. Speaker, in addition to the provisions Proceeds from the drive are used by Chapter they traditionally used as fish camps, berry which are currently included in the legislation 81 to provide incidentals to disabled veterans picking camps or hunting camps. However, I am introducing today which amends the who are hospitalized or living in the commu- many of our Alaska Natives answered the call Alaska Native Claims Settlement Act, it is my nity. to duty and served in the services during the understanding that several other provisions During the past fifty years, chapter 81 has Viet Nam war and were unable to apply for are in the process of being drafted and/or ne- also hosted special events for disabled chil- their Native allotment. This provision allows gotiated with relevant parties. If those provi- dren and for residents of the Veterans Home them to apply for their Native allotments and sions are ready to be considered at the time of California. would expand the dates to include the full of committee mark-up of this bill, then I antici- Chapter 81 has also had a very active La- years of the Viet Nam war. The original dates pate that they would be offered for inclusion in dies Auxiliary. They hosted the clubs's bi- recommended by the Administration only al- the bill at that time. monthly family potlucks and continue to be in- lowed the dates January 1, 1969 to December Again, I am introducing this bill today to fa- volved in the club's annual Christmas Wish 31, 1971. Our Alaska Native veterans should cilitate its provisions circulated and reviewed List Program for children and in distributing not be penalized for serving during the entire during the April recess by the Department of gifts at the Veterans Home. dates of the Viet Nam conflict. This provision the Interior, the State of Alaska and Alaska Chapter 81 also actively works with its elect- corrects that inequity by expanding the dates Natives. ed representatives to make sure that our serv- to reflect all the years of the Viet Nam warÐ f ice men and women who have been wounded August 5, 1964 to May 7, 1975. in battle are not re-injured by peacetime apa- The settlement trust provision of ANCSA EARTH DAY thy. presently indicates that the assets placed in a Mr. Speaker, it is appropriate that we ac- settlement trust are not subject to any creditor HON. BENJAMIN A. GILMAN knowledge and honor today this veterans' or- action other than those by the creditors of the OF NEW YORK ganization and the men and women who have settlement trust itself. Federal law is unclear IN THE HOUSE OF REPRESENTATIVES whether the beneficiary's interests in the trust given so much for our country. Thursday, April 13, 2000 f can be subject to attachment, etc., by their creditors. The legislative history from the 1988 Mr. GILMAN. Mr. Speaker, Earth Day INTRODUCTION OF LEGISLATION amendments specifically indicates that a serves to remind us all that environmental TO AMEND THE ALASKA NATIVE ``spendthrift clause'' could be included in the issues know no political bounds and affect all CLAIMS SETTLEMENT ACT trust agreement for a settlement trust, but of the people, plants, and animals of the world does not specify what the scope of such a community. It is essential that the policies our HON. DON YOUNG provision could be. Normally, under general government enacts, and the personal activities OF ALASKA trust law, a spendthrift clause operates to limit we undertake reflect our profound concern for IN THE HOUSE OF REPRESENTATIVES the circumstances in which creditors can safeguarding the Earth. reach a beneficiary's trust interest. Alaska law From combating global climate change to Thursday, April 13, 2000 (A.S. 34.40.110) expressly recognizes the va- protecting threatened species to providing Mr. YOUNG of Alaska. Mr. Speaker, today lidity of a spendthrift clause for trusts estab- clean water, we have a duty to act locally and I am introducing legislation that would address lished on or after April 2, 1997, but does not globally to protect the environment for our several matters of concern to Alaska Natives expressly authorize a spendthrift clause for present and future generations. through an amendment to the Alaska Native trusts established prior to this date. Saving the planet may seem to be an insur- Claims Settlement Act (ANCSA). All this uncertainty places the Trustees in a mountable task, but in order for our children to As my colleagues know, ANCSA was en- difficult legal position under present law in de- have a brighter future we must commit our- acted in 1971, stimulated by the need to ad- ciding whether to honor creditor levies against selves to an environmental policy which seeks dress Native land claims as well as the desire beneficiary interests in a settlement issue. to establish a clean, safe, and productive envi- to clear the way for the construction of the Trustees are required as fiduciaries to protect ronment. Trans-Alaska Pipeline and thereby provide our the beneficiaries' rights, but are also required The 106th Congress is working to preserve country with access to the petroleum re- to honor creditor actions if those are valid and protect our Nation's open spaces by rein- sources of Alaska's North Slope. As the years under applicable law. At least one court case vigorating the land and water conservation pass, issues arise which require amending the is now pending before the United States Dis- fund. Designed to protect our nation's natural Act. The Resources Committee as a matter of trict Court for Alaska to determine whether the heritage, the land and water conservation fund course routinely considers such amendments trustees of a settlement trust must honor a is a vital program which has saved thousands and brings them before the House. levy by the State of Alaska with regard to var- of acres of forest, miles of river, and many of Consequently, I am introducing this bill con- ious beneficiaries' unpaid child support obliga- America's mountain ranges. In the face of pol- taining several such amendments to ANCSA tions. lution and urban sprawl, the 106th Congress in order to facilitate having its provisions cir- By contrast, since 1971 section 7(h) of has responded by looking to preserve our na- culated during the upcoming Congressional re- ANCSA has clearly restricted most creditor action's greenways. cess among Congress, the Administration and tions as to Native corporation stock. Creditors We must not forget that the air we breathe the State of Alaska for review and consider- are prohibited from levies and other similar ac- is our most precious resource. Americans can ation. tions against Settlement Common Stock, ex- clearly see, smell and feel the difference that

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.007 pfrm03 PsN: E13PT2 E562 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 pollution has made in their lives. As a strong reer, to include: Squad Leader; Repair Control IN CELEBRATION OF THE 110TH supporter of the Clean Air Act, I fully under- Supervisor; Platoon Sergeant; Drill Sergeant; ANNIVERSARY OF BETH EDEN stand the need for clean air standards. By en- Senior Drill Sergeant; TAC Sergeant; Instruc- BAPTIST CHURCH, OAKLAND, CA couraging innovation, cooperation, and the de- tor; First Sergeant; and Battalion Command velopment of new technologies for pollution re- Sergeant Major. He has also served as the HON. BARBARA LEE duction, these standards build upon the spirit Commandant, Ordnance Noncommissioned OF CALIFORNIA of ingenuity that is the foundation of America's Officer Academy, Command Sergeant Major IN THE HOUSE OF REPRESENTATIVES leadership in the world. Ordnance Center and School, Ordnance As chairman of the International Relations Corps Regiment Sergeant Major and Com- Thursday, April 13, 2000 Committee, I understand the importance of mand Sergeant Major Combined Arms Sup- Ms. LEE. Mr. Speaker, today, I celebrate using our leadership in the United States to port Command. Currently, Command Sergeant the 110th anniversary of the establishment of assist other nations in developing and main- Major Cutbirth is serving as the Command the Beth Eden Baptist Church in Oakland, taining successful environmental programs. Sergeant Major for the United States Army California. This milestone will be commemo- I personally have led efforts to protect Materiel Command. He is the first ordnance rated from April 9 through May 21, 2000. whales from commercial hunting and to pro- soldier to hold that position. The theme of this celebration is taken from tect African elephants from the deadly effect of Command Sergeant Major Cutbirth has Ephesians 6:10±18 which reads: ``By example- the international ivory trade. I have also been served in a variety of overseas and stateside maintaining our armor of God and hold fast to in the forefront in bringing greater awareness assignments. They include tours in Okinawa, the principles of righteousness, perseverance, to the linkages between refugees, world hun- Vietnam, Italy, Korea and the Federal Repub- faithfulness, salvation and spirit, which are in ger and national security to environmental lic of Germany. He also served in Saudi Ara- the word of God.'' degradation. Moreover, if we do not assist in bia, Iraq and Kuwait during Operations Desert Beth Eden is the oldest Black Baptist the survival of indigenous and tribal people, Shield and Desert Storm. Within the United Church in Alameda County. Founded on April their wealth of traditional knowledge and their States, he has been assigned to: Fort Camp- 20, 1890, its first pastor was Rev. George important habitats will no longer be available bell, Kentucky; Fort Leonard Wood, Missouri, Gray. Since 1890, the church has flourished for the rest of mankind. Aberdeen Proving Ground, Maryland; and Fort following its theme ``A Legacy of Faith.'' Earth Day is a successful vehicle and incen- Lee, Virginia. Since its founding with Rev. Gray, Beth tive for ongoing environmental education, ac- Eden has had eleven additional pastors, in- tion and change. Earth Day activities address Command Sergeant Major Cutbirth is a cluding Rev. Robert Alexander McQuinn, Rev. worldwide environmental concerns and offer graduate of the United States Army Sergeants James Allen (who later founded Oakland's opportunities for individuals and communities Major Academy, the 3rd Army Noncommis- Allen Temple Baptist Church), Rev. John to focus on their local environmental problems. sioned Officer Academy, the Drill Sergeant Dwelle, Rev. John Coylar (the Church's only During the 106th Congress, I worked with Academy, and numerous technical and func- Caucasian minister), Rev. John Allen, Rev. the New York State's Governor Pataki and the tional courses. He also earned an Associate of James Dennis (who later founded the North citizens of New York's 20th Congressional Arts degree from Columbia College, Missouri, Oakland Baptist Church), Rev. Francis Walker, District to save thousands of acres of precious and a Bachelor of Science degree from the Rev. Samuel Hawkins, Rev. Paul Hubbard, lands, such as Sterling Forest, the Gaisman University of Maryland. Rev. Alvin Dones and Rev. Dr. Gillette James, Estate, and Clausland Mountain. I have re- Command Sergeant Major Cutbirth's awards the current pastor. quested funding for the Hudson Valley Na- and decorations include: the Legion of Merit For more than a century, Beth Eden has tional Heritage Area, which would help pre- with two oak leaf clusters, the Bronze Star; the been a West Oakland landmark of faith, activ- serve the history, culture and traditions of this Meritorious Service Medal with two oak leaf ity and commitment to building a stronger beautiful region. I am also proud to note that clusters; the Army Commendation Medal; and community. These activities include building our 20th Congressional District of New York is Army Achievement Medal; the Good Conduct senior housing, holding interfaith Thanksgiving home to the Lamont-Doherty Earth Observ- Medal (tenth award); the National Defense services with local churches, establishing a atory, one of the country's leading climate Service Medal with Bronze Service Star; the Missionary Society, creating SHARE, a dis- study institutions, which I have been pleased Vietnam Service Medal; the Southwest Asia count food program, and helping to create the to support. Service Medal; the Humanitarian Service Black Adoption Placement and Research Cen- Earth Day is a powerful catalyst for people Medal; the Overseas Service Ribbon with nu- ter. to make a difference toward a clean, healthy, meral three; the Army Service Ribbon, the Beth Eden Baptist Church is truly a source prosperous future. We cannot continue with Noncommissioned Officer Professional Devel- of civic pride and a valuable resource for the the attitude that someone else will clean up opment Ribbon with numeral four; the Vietnam community. I proudly join the church's mem- after us. We need to take care of our world Campaign Medal; the Kuwait Liberation Medal; bers, friends and neighbors in saluting and today. I cannot think of a better way and a the Master Parachutist Badge; the Drill Ser- honoring the history and spirit of this great better day to commit to our environmental geant Badge; the Mechanic Badge; and the church. concerns than Earth Day. I salute all who ob- Belgian Parachutist Badge. f serve Earth Day in all ways large and small. Mr. Speaker, Command Sergeant Major f HONORING WILLIAM C. ‘‘BILL’’ Cutbirth deserves the thanks and praise of the COLEMAN IN RECEIVING THE J. TRIBUTE TO COMMAND SERGEANT nation that he had faithfully served for so long. ROBERT LADD COMMUNITY MAJOR GEORGE E. CUTBIRTH I know the Members of the House will join me SERVICE AWARD AND THE 2000 in wishing him, his wife of 30 years, Catherine, SERVICE TO MANKIND AWARD HON. IKE SKELTON and his three children, Laurie, Paul and Mat- thew, all the best in the years ahead. OF MISSOURI HON. GEORGE W. GEKAS OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES f Thursday, April 13, 2000 IN THE HOUSE OF REPRESENTATIVES Mr. SKELTON. Mr. Speaker, it has come to PERSONAL EXPLANATION Thursday, April 13, 2000 my attention that Command Sergeant Major Mr. GEKAS. Mr. Speaker, today I recognize George E. Cutbirth is retiring after 30 years of William C. Coleman in receiving the J. Robert exemplary service in the United States Army. HON. BOB CLEMENT Ladd Community Service Award and the Serv- He has served his country with dignity, honor, OF TENNESSEE ice to Mankind Award from the Lebanon Val- and integrity. ley, Sertoma Club. Command Sergeant Major Cutbirth is a na- IN THE HOUSE OF REPRESENTATIVES Bill has made an incredible difference in the tive of Southwest Missouri. He graduated from Thursday, April 13, 2000 community of Lebanon, Pennsylvania. He has Hurley High School in 1969 and entered the been a regular volunteer at the Lebanon Res- Army in April 1970. He attended Basic Train- Mr. CLEMENT. Mr. Speaker, on rollcall vote cue Mission since 1947. He has served on the ing and Advanced Individual Training at Fort No. 114, I was unavoidably detained on official board of directors, taught Sunday School and Leonard Wood, Missouri. He has held posi- business. Had I been present, I would have has presided as the executive director of the tions of increasing responsibility during his ca- voted ``aye.'' Rescue Mission. Bill has dedicated his life to

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.009 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E563 helping those less fortunate. His generosity, CELEBRATING MYRTLE LILLIAN Committee on International Relations, Mr. BE- kindness and love has earned him the respect WALDRUP SPRINKLE REUTER, the Chairman of the Committee on of his community, family and friends. Armed Services, Mr. SPENCE, and the Chair- Bill's relationship with the Lebanon Rescue HON. CHARLES H. TAYLOR man of the House Republican Policy Com- OF NORTH CAROLINA mittee, Mr. COX. Mission began when, at the tender age of 19, This bill prohibits the United States Govern- IN THE HOUSE OF REPRESENTATIVES he felt something was missing in his life. Dur- ment from, in effect, issuing insuranceÐ ing this time period he was diagnosed with a Thursday, April 13, 2000 backed up by the full faith and credit of the life-threatening illness. Looking for guidance, Mr. TAYLOR of North Carolina. Mr. Speak- American taxpayerÐfor whatever liability he felt compelled to visit the Mission. Bill went er, today I rise to commend and celebrate the claims might be made if the nuclear reactors there with his mother and they met with Rev- life and 100th birthday of one of Western that the Administration is trying to give to erend Miller. Reverend Miller talked with Bill North Carolina's most beloved citizens. I had North Korea are involved in a catastrophic nu- and read from the Bible. That night, Bill's life the great opportunity to attend the birthday clear accident. The fact that the Administration changed. He gave up drinking, gambling, celebration of Myrtle Lillian Waldrup Sprinkle is considering issuing such insurance was re- smoking and, as Bill puts it, his vocabulary in Marion, McDowell County. While there I wit- ported for the first time in yesterday's Los An- lost a lot of unnecessary words. Later, when nessed a gentle, gracious lady full of life, vigor geles Times in an article by Jim Mann. I sub- the doctor who had previously diagnosed Bill and still displays an amazingly agile mind. mit the Los Angeles Times article for the with the life-threatening illness examined him Mrs. Sprinkle was born on April 4, 1900 in RECORD. again, he found Bill to be a perfect picture of Madison County North Carolina. She moved to As explained in the article, the American health. McDowell County in 1945 with her husband as taxpayer may ultimately be forced to pay tens he was named to be the pastor of Mt. Zion of billions of dollars in damages if the North Bill started his career at a young age as a Baptist Church. For all of Mrs. Sprinkle's life Koreans inadvertently create an Asian stock clerk at Pomeroy's, and moved onto two things have mattered most. She has an Chernoble with the advanced nuclear reactors Hershey's Chocolate and the Lebanon Paper undying devotion to her church and her family. that the Administration is seeking to give Box Company. Bill continued to work hard and She has been a member of Zion Hill Baptist them. This is not an idle fear. The North Kore- eventually landed a job at Winston Prints. He Church for over 55 years and taught Sunday ans have no experience whatsoever operating worked his way up through the ranks, eventu- school for many years. Her granddaughter, advanced light water nuclear reactors of the ally becoming supervisor, and later the num- Wanda Childers, described Mrs. Sprinkle's type the Administration plans to give them. ber three man in the company. While Bill faith as ``unwavering.'' The existing North Korean nuclear program in- worked at Winston Prints his relationship with Mrs. Sprinkle has been a pillar of strength in volves graphite-moderated reactors operating the Lebanon Rescue Mission also flourished. her family. She is, in essence, a quiet woman, on 1950s technology, with dials, levers, and He was a dedicated and valued volunteer, full of humility. She has always been there for vacuum tubes. The state of the art nuclear re- spending many hours helping those in dire her community and her family. Through her actors that the Administration wants to give need. He became a Sunday School teacher, life she has learned that simple things matter, them are far more sophisticated than anything superintendent and secretary to the board of like making a quilt for every one of her 45 their technicians have ever seen. directors. In 1984, after 14 years with Winston grandchildren. She loves nothing more than This might not be a big problem if their tech- Prints, Bill resigned to become the full-time ex- cooking, canning vegetables, and crocheting. nicians could be properly trained to operate ecutive director of the Lebanon Rescue Mis- Her family includes five pastors who have all modern light water reactors. But North Korea already has indicated that North Korean tech- sion. acquired her undying faith. Mrs. Sprinkle has many relatives who can share her love, affec- nicians will not be allowed to leave the country Bill has been instrumental in many changes tion, and warmth. Her 14 children are Lula to receive such training on light water reactors that have taken place at the mission since Randall (deceased), Ida Lee Sprinkle (de- currently operating elsewhere. Apparently the 1984. The first significant change occurred in ceased), Julian Sprinkle (deceased), John North Koreans are afraid their technicians will 1985 when plans were announced to build Sprinkle (deceased), E.F. Sprinkle, Jr. (de- defect. Others fear, however, the result could The Agape Family Shelter for homeless ceased), Charles Sprinkle, Paul Sprinkle, Alvin be a Chernoble on the Korean Peninsula. women and children. It was a huge under- Sprinkle, Novella Cable, Jaunita Worley, Harry Among those who fear a possible nuclear taking that included raising nearly $400,000 to Sprinkle, Harold Sprinkle, Jack Sprinkle, and catastrophe are the contractors who the Ad- be used in refurbishing the 115-year-old Eva Pollack. She also has 45 grandchildren, ministration thought would be eager to partici- Dehuff Mansion, making it livable for up to 112 great grandchildren, and 54 great-great pate in this $5 billion construction project in eighteen women and children. The shelter grandchildren. North Korea. The contractors are afraid that if continues to provide a friendly, socialable and I ask that my colleagues join me in con- there is such a catastrophe they might be safe place for those who find themselves not gratulating this amazing centenarian on the sued, and the potential liability could bring down their companies. Ordinarily in such situ- only homeless, but with a feeling of hopeless- occasion of her 100th birthday. ations, companies buy insurance on the pri- ness. The Agape Family Shelter provides f vate market to protect themselves. In this women with love, attention, and care they INTRODUCTION OF H.R. 4266; PRO- case, however, the private insurers apparently drastically require. The shelter also promotes HIBITION ON UNITED STATES have not been willing to provide sufficient cov- a special program which teaches battered GOVERNMENT LIABILITY FOR erage. This is in contrast to other countries women how to set goals and implement them NUCLEAR ACCIDENTS IN NORTH like China, where U.S. and other private ven- into their daily lives. KOREA ACT OF 2000 dors have been willing to go forward on nu- Bill has also helped implement a program to clear reactor projects because their concerns help men who battle with problems with drugs HON. BENJAMIN A. GILMAN about liability have addressed by means short and alcohol. In addition, Bill hosted a popular OF NEW YORK of an indemnity backed up by the United hour-long radio broadcast every Sunday morn- IN THE HOUSE OF REPRESENTATIVES States Government. I was surprised and alarmed to learn that ing for those who were seeking spiritual up-lift- Thursday, April 13, 2000 ing. He served as the Chaplain for the Leb- the Administration is considering offering such anon County Fire Police and has been an out- Mr. GILMAN. Mr. Speaker, today I have in- an indemnity to contractors participating in the spoken advocate for the people of Lebanon troduced H.R. 4266, the ``Prohibition on United North Korean nuclear project. It has been five County. States Government Liability for Nuclear Acci- and a half years since the Agreed Framework dents in North Korea Act of 2000.'' I am between the United States and North Korea Mr. Speaker, again I want to congratulate pleased to be joined in offering this bipartisan was signed. Over that period of time, there Bill Coleman in receiving the J. Robert Ladd legislation by a distinguished group of original have been innumerable consultations between Community Service Award and the Service to cosponsors including, among others, the Congress and the Administration about the Mankind Award. Through his consistent and Ranking Democratic Member of the Sub- Agreed Framework. It is probably no exag- unselfish efforts, the community of Lebanon is committee on Telecommunications, Trade, geration to say that Administration officials a richer place for all those who reside there. and Consumer Protection of the Committee on have testified before Congress dozens of Thank you Bill for your service to the men, Commerce, Mr. MARKEY, the Chairman of our times on the subject. The Administration is in- women and children of Lebanon. Subcommittee on Asia and the Pacific of the timately familiar with our concerns about the

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.013 pfrm03 PsN: E13PT2 E564 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 potential costs of the project, and also with our Kartman acknowledged that GE’s request As the Ranking Member of the Judiciary unwillingness to provide U.S. Government was unusual, if not unique: Other firms par- Committee, I have been proud of our Commit- funding for the construction of nuclear reactors ticipating in the North Korea project have tee's bipartisan accomplishments in helping to been willing to go ahead without the indem- in North Korea. Since 1994, Congress has nity GE is seeking in hopes that the unset- maintain our Nation's leadership in the infor- routinely agreed to U.S. funding for the deliv- tled liability questions could be worked out mation economy. These include modernizing ery of heavy fuel oil to North Korea pursuant over the next few years. our patent and copyright laws, insuring the to the Agreed Framework, but we have con- How will the Clinton administration go availability of trained workers, and our pas- sistently prohibited U.S. funding for the con- about granting new legal protection to GE? sage last Congress of the Internet Tax Free- struction of nuclear reactors. It is reluctant to seek a new law from the dom Act. Not once over the last five and a half years Republican Congress, which often has criti- Today, I join with my colleagues in intro- cized the administration’s policy of engage- has the Administration come to us and told us ment with North Korea. ducing the Internet Tax Reform and Reduction they were considering imposing a contingent That roadblock has set administration Act of 2000 as the starting point in our proc- liability on the U.S. Government in connection lawyers scurrying through the U.S. code, and ess of considering possible legislative re- with the construction of nuclear reactors in they have found an obscure law that might sponses to the issue of the applicability of North Korea that could run into the tens of bil- be used in a new way to cover GE. State and local taxes on the Internet. The leg- lions of dollars. Our staff had to ferret out this This law—Title 85, Section 804—was in- islation we are introducing today reflects the tended to indemnify companies that took information through the conduct of congres- part in nuclear cleanup operations. But the views of number of Advisory Committee on sional oversight, and most members of Con- State and Energy departments are now Electronics Commerce Members led by Vir- gress first learned about it yesterday when thinking of applying it to protect the firms ginia Governor James Gilmore. they read about it in the press. participating in the North Korean civilian I believe it is important that their views be According to yesterday's press report, the reactor project. converted into legislative language so that the Administration is considering imposing this li- Presto! One little legal reinterpretation by Congressional review process can commence. the administration and one huge new legal ability on the American taxpayer by reinter- I intend to work with Chairman HYDE and Rep- liability for American taxpayers. preting an old law in such way as to ensure Not to worry, insisted Kartman. The idea resentatives GEKAS and NADLER in seeing that that congressional approval will not be re- that the U.S. government will ever have to the other members of the Commission, includ- quired. It is totally unacceptable that the Ad- pay these claims is ‘‘very hypothetical.’’ ing Utah Governor Michael Leavitt, are given ministration would consider obligating the He noted that the parts for the North Ko- the same opportunity. I also expect that the American taxpayer in this way without the ap- rean reactors would not be shipped for sev- Judiciary Committee's Subcommittee on Com- proval of Congress. The bipartisan legislation eral more years and, in the meantime, the mercial and Administrative Law will hold a se- we are introducing today will make sure that U.S. and other countries are trying to work ries of hearings during which all interested out a new international agreement that the Administration cannot get away with this. would limit liability in nuclear accidents. parties, including State and local elected offi- [From the Los Angeles Times, Apr. 12, 2000] But ask yourself this: If the proposed cials, the technology community, and retailers A RISKY POLICY ON N. KOREA international accord Kartman describes is will be able to offer their views. (By Jim Mann) such a sure thing and the prospects of claims The bill we are introducing today would from a nuclear accident are so remote, why Warning to American taxpayers. Without amend the Internet Tax Freedom Act to im- can’t the Clinton administration persuade knowing it, you may soon take on responsi- pose a permanent moratorium on State and GE to go ahead without the indemnity it is bility for what could be billions of dollars in local taxes on Internet Access. It would also seeking? Why does the U.S. Government, liability stemming from nuclear accidents rather than GE, have to take responsibility extend for 5 years the duration of the morato- in, of all place, North Korea. for this supposedly hypothetical risk? rium applicable to multiple and discriminatory At the behest of the General Electric Co., Viewed strictly from GE’s self-interest, its taxes on electronic commerce and impose a 5 the Clinton administration is quietly weigh- request has a certain logic. GE is a relatively year moratorium on sales of digital goods and ing a policy change that would make the small player in the North Korea project; U.S. government the insurer of last resort products. Further, the bill would set forth fac- most of the work is being done by South Ko- tors for the determination of jurisdictional for any disasters at the civilian nuclear rean companies. The sale of GE’s steam tur- plants being built for the North Korean re- nexus by the States with regard to Internet bines will bring in roughly $30 million, yet transactions, encourage the States to adopt a gime. the company fears it could face lawsuits In case of a Chernobyl-type disaster in ranging in the billions. simplified sales and use tax, and set up an North Korea (a country not known for ad- Why don’t the organizers of the North advisory commission on uniform sales and vanced safety procedures), the U.S. might Korea project simply do without GE and find use taxes. wind up paying legal claims. another company more willing to take the The issue of the application of State and The proposed U.S. government guarantee, risk? now being intensively studied by the State local taxes on the Internet is one of the most They could. But doing that would require a important matters facing the Judiciary Com- and Energy departments, would be aimed at redesign of the North Korea project, would easing the way for construction of two light- lead to delays of a year or more and would mittee and the Congress. The Internet has led water nuclear reactors in North Korea. increase the overall costs—most of which are our robust economy into the 21st century. Its Those reactors are a key element in the Clin- being paid by South Korea. So, on the whole, use in both the commercial and consumer ton administration’s 1994 deal in which everyone involved is eager to avoid losing sectors has skyrocketed, spurring the develop- North Korea agreed to freeze its nuclear the big American company. ment of new businesses, products and serv- weapon program. For GE, it seems, the Clinton administra- North Korea, which has defaulted on debts ices, and new and less expensive research tion brings good things to life. The rest of us and communications methods. At the same in the past, is too poor and unreliable to be are left to pray that we don’t get stuck with counted on to pay legal claims arising from massive bills from nuclear plants we won’t time, the Internet poses many new and novel a nuclear accident. Private insurers are un- run in a country over which we have no con- State and local taxation issues. The Internet is willing to take on the potentially astronom- trol. not a partisan issue by any means, and I am ical claims of a North Korean Three Mile Is- happy to join with my colleagues as we begin f land. So, American companies supplying to address this critical issue. parts for the North Korean reactors worry INTRODUCTION OF BILL TO f that, if there were a disaster, they would be sued. AMEND INTERNET TAX FREE- DOM ACT CONGRESS NEEDS TO ‘‘WAKE UP’’ Both the Clinton administration and GE TO THE IMPORTANCE OF SLEEP confirmed that the company asked several months ago to be indemnified by the U.S. HON. JOHN CONYERS, JR. government before participating in the OF MICHIGAN HON. JIM RAMSTAD North Korea deal. IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA ‘‘We would like indemnity before we sign’’ IN THE HOUSE OF REPRESENTATIVES any contract, said a spokesman for GE, Thursday, April 13, 2000 which makes the steam turbines that would Mr. CONYERS. Mr. Speaker, I am pleased Thursday, April 13, 2000 be used in the project. ‘‘If there’s an accident, they [GE officials] to join with Chairman HYDE, Commercial and Mr. RAMSTAD. Mr. Speaker, today I pay have to understand on what basis they’d be Administrative Law Subcommittee Chairman tribute to the Edina, Minnesota, School Dis- covered,’’ explained Charles Kartman, the GEKAS, and Ranking Member NADLER in intro- trict, which was recently recognized by the Na- State Department’s special envoy for North ducing the ``Internet Tax Reform and Reduc- tional Sleep Foundation as the 2000 Sleep Korea. tion Act of 2000.''. Capital of the Nation.

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.016 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E565 My good friend, Dr. Kenneth Dragseth, the Article II All People should have the op- protecting our environment. In Montgomery Superintendent of Edina Schools, came to portunity to obtain the amount of sleep they County, Maryland, for example, neighbors will Washington to accept the award on behalf of require to maintain their optimum mental work together on several river and stream and physical function and to enjoy the bene- the parents, students and teachers from fits that sleep provides, including positive clean-up projects, the Audubon Naturalist So- Edina. mood, alertness, enhanced memory and cog- ciety will host a nature fair for families, and This national recognition is well-deserved nitive capabilities, and a sense of well-being. several communities will host Earth Day anni- and is a great way to celebrate National Sleep Article III All people should have the op- versary celebrations. Awareness Week. portunity to obtain sufficient, quality sleep The first Earth Day was founded on the be- Four decades after President John F. Ken- free from disruptions due to environmental nedy urged all Americans to take a 50-mile factors (i.e., light, noise, etc.), irregular lief that ordinary people working together can hike, Americans are once again waking up to sleep schedules, and underlying mental and accomplish extraordinary goals. On Earth Day the benefits of healthy living and the need for physical conditions. 2000, let us reaffirm our commitment to the a well-balanced diet and regular exercise. But Article IV All People should have the op- preservation of our natural resources and pro- portunity to obtain accurate, scientifically tection of the environment. we too often neglect the importance of sleep. validated sleep information and education in Thankfully, not Edina. This school district, order to understand and improve their sleep. f which is recognized universally as one of the Article V All People should have the ben- finest public school systems in the nation, truly efit of a well-rested workforce and be secure gets it. in the knowledge that those who are de- MALACHI GOFORTH—STALWART, They recognize that the future competitive- pended upon to perform critical functions in ACTIVIST ness and strength of our country depends on society—including healthcare, transpor- improving our education system. tation, public safety, hazardous materials That's why the Edina School District took management, and others—are attentive, HON. CHARLES H. TAYLOR concrete steps to make sure its students get alert and well-rested. Article VI All People should be safe from OF NORTH CAROLINA enough sleep by starting school one hour later the danger posed by drowsy drivers. Every IN THE HOUSE OF REPRESENTATIVES each day. driver is responsible for keeping the nation’s A recent National Sleep Foundation poll roadways safe and free from the hazards Thursday, April 13, 2000 confirms that teens stay up too late and wake posed by sleepiness and fatigue. up too early. Another new study noted that on Article VII All People who experience Mr. TAYLOR of North Carolina. Mr. Speak- average, teens are getting about 2 hours less problems sleeping should have the oppor- er, earlier this month, Henderson County, tunity to obtain proper, informed diagnoses sleep a night than they need. This puts them Western North Carolina, and the nation lost a at risk for car accidents, falling asleep in class, and treatment by healthcare providers who understand sleep disorders. truly outstanding American, Malachi Goforth. moodiness and depression. Article VIII All People should have reason- Mr. Goforth dedicated his life to serving his To improve education, we must promote able access to affordable, quality treatment community and was tragically killed while help- healthy learning environments. Stressing the for sleep disorders. ing a group of volunteers to repair the Shaw's need for enough sleep is essential for such Article IX All People should have the op- Creek Baptist Church. Malachi served in the environments. The bottom line is this: ade- portunity to benefit from the knowledge and Navy during the Second World War, as a Dea- quate sleep is a key component of a quality advancements resulting from ongoing scientific research on sleep, which should be con in the Shaw's Creek Baptist Church, and education. as a member of the Board of Trustees of the I am also including for the RECORD a special maintained as a national research priority. Blue Ridge Community College. He was dedi- ``Bill of Nights'' by the National Sleep Founda- Article X All People should have the opportunity to benefit from public policies cated to the principles of the Republican Party tion which outlines the important suggestions that consider the importance of sleep in all and in 1999 he received the 11th Congres- by this group for improving sleep habits for ev- aspects of our lives, including policies affect- sional District Golden Elephant award for serv- eryone. ing the workplace, transportation, edu- Mr. Speaker, I wholeheartedly applaud the ice to the party. Malachi was known for his cation, and healthcare. spirit and energy. Malachi was devoted to the Edina schools and their leadership to ensure f that young people come to school healthy and great people in his community, as he put in hours of volunteer service. Children were one ready to learn. They know it's time for America CELEBRATING EARTH DAY to ``wake up'' to this critically important prob- of Malachi's greatest joys. Many kids in Hen- lem. derson County will remember him for putting Congratulations again, Edina Schools. You HON. CONSTANCE A. MORELLA up lollipop trees in his yard. His granddaughter are ahead of the curve and I am proud to rep- OF MARYLAND Sally Wooten remembers how children were resent you! IN THE HOUSE OF REPRESENTATIVES delighted to see Malachi Goforth's white han- Thursday, April 13, 2000 dlebar moustache. In fact during trips to the PREAMBLE TO THE BILL OF NIGHTS OF THE NA- mall at Christmas many children through that TIONAL SLEEP FOUNDATION—PRESENTED Mrs. MORELLA. Mr. Speaker, today I recog- Malachi was Santa Claus. MARCH 28, 2000, WASHINGTON, DC nize the 30th annual Earth Day celebration. Whereas, science and medicine have deter- Next week, on April 22nd, people from across Malachi, on news of his death, garnered mined that obtaining a sufficient amount of the country and around the globe will come to- much praise from family, friends, and commu- quality sleep is just as essential for good gether to renew their commitment to the envi- nity leaders. Consider what the following peo- health as maintaining a balanced diet and ple said in tribute to this great man: getting regular exercise; ronment, and to begin teaching a new genera- Whereas, obtaining a sufficient amount of tion about the importance of protecting our ``If someone were to say, `show me a man quality sleep can also help to ensure per- planet. We have a shared responsibility to pre- with character,' Malachi would be the person sonal safety, increase productivity and add serve our vast and diverse natural resources. you would hold up.'' Henderson County Sheriff to the enjoyment of life; I have a longstanding commitment to con- George Erwin, Jr. ``The whole Republican Whereas, the National Sleep Foundation is servation and environmental protection, and I Party and the Republican men's club are gong dedicated to improving public health and safety, this organization encourages all Peo- am particularly proud to lend my voice to the to miss him. Everytime we had a meeting and ple to understand the importance of sleep Earth Day celebration. you would look over that crowd, one of the and to make obtaining sufficient quality Thirty years ago, on the first Earth Day, our comforting things that you always saw was sleep a priority in their lives; country was taking its initial steps toward pro- that face and that moustache.'' Henderson Therefore, the following Articles, created tecting the earth. While we have made sub- County Republican club President, Fielding by the National Sleep Foundation and sup- stantial progress since that first celebration, Lucas. Lucas also praised Goforth for ``always ported by its constituents, champion the we must continue our efforts to improve the being ready to stand up and ask the pointed right of all People to enjoy restful sleep for healthy, safe, and productive lives. quality of our environment. questions that needed asking.'' ``He has been As large-scale Earth Day celebrations take a pillar of this community for decades and he THE BILL OF NIGHTS OF THE NATIONAL SLEEP FOUNDATION place all over the world, I would like to pay a will just be sorely missed.'' Henderson County Article I All people should have the oppor- special tribute to the local events taking place Commission Chairman Grady Hawkins. I know tunity to fully understand the essential role in many communities across our nation. These that my colleagues will join me in saluting and of sleep in maintaining optimum mental and community celebrations demonstrate the direct remembering a great man whose death will physical function. impact that we can all have in conserving and leave a void that will never be filled.

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.021 pfrm03 PsN: E13PT2 E566 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 FREEDOM FOR IRANIAN JEWS Resolved by the House of Representatives (the STATEMENT IN CELEBRATION OF Senate concurring), That it is the sense of the THE LIFE OF REVEREND EARL HON. BENJAMIN A. GILMAN Congress that the Clinton Administration NANCE, SR. should— OF NEW YORK IN THE HOUSE OF REPRESENTATIVES (1) condemn, in the strongest possible HON. WILLIAM (BILL) CLAY terms, the arrest and continued prosecution Thursday, April 13, 2000 OF MISSOURI of the 13 Iranian Jews; IN THE HOUSE OF REPRESENTATIVES Mr. GILMAN. Mr. Speaker, I wish to inform (2) demand that these fabricated charges be my colleagues of a resolution I am introducing dropped immediately and individuals re- Thursday, April 13, 2000 today on behalf of the thirteen Iranian Jews leased forthwith; and Mr. CLAY. Mr. Speaker, today I pay tribute now in custody on trumped up charges in Iran. (3) ensure that Iran’s treatment of this to the Reverend Earl Nance, Sr. of St. Louis, In addition to the gentleman from California, case is a benchmark for determining the na- who passed away on Tuesday, April 4, at the Mr. SHERMAN, I am pleased that our distin- ture of current and future United States-Iran age of 89. While Reverend Nance was pastor guished Speaker, the gentleman from Illinois, relations. of the Greater Mount Carmel Church for over Mr. HASTERT, is an original cosponsor of this 43 years until retiring in 1994, he will be most measure, as well as the Ranking Minority f remembered for his active role in St. Louis Member on our House International Relations politics and the civil rights movement of the Committee, the gentleman from Connecticut, THE ARMENIAN GENOCIDE 1960's. Mr. GEJDENSON. Born in Alma, Arkansas, Reverend Nance Between January and March 1999, thirteen attended both Lincoln University in Jefferson Jews were arrested in Iran and charged with SPEECH OF City, Missouri and Morehouse College in At- spying for Israel and the United States. This is lanta, Georgia. During his studies at More- an outrageous charge that is without merit, HON. RODNEY P. FRELINGHUYSEN house, Reverend Nance befriended the late having been denied by both our government OF NEW JERSEY Reverend Dr. Martin Luther King, Jr., whom and the State of Israel. he would later invite to the city of St. Louis to No evidence has been brought forth to sub- IN THE HOUSE OF REPRESENTATIVES speak at a civil rights rally of over 9,000 indi- stantiate these arrests, and no formal charges viduals in 1957. He would remain a close an have been lodged after more than a year of Wednesday, April 12, 2000 active ally of Dr. King as the Civil Rights consideration. Yet these thirteen individuals Mr. FRELINGHUYSEN. Mr. Speaker, I am movement grew and progressed during the continue to face serious charges, and their pleased to once again participate in the an- 1960's. trial was scheduled to begin on April 13th. Secretary of State Albright has identified this nual remembrance of the Armenian genocide. Politically, Reverend Nance played an active case as ``one of the barometers of U.S.-Iran This year marks the 85th Anniversary of that role in many organizations in the St. Louis relations'', and countless nations have ex- terrible tragedy, which claimed the lives of community. While pastor of the Greater Mount pressed their concern for these individuals, es- over 1.5 million Armenians between 1915 and Carmel Missionary Baptist Church, he served pecially their human rights under the rule of 1923. on the St. Louis School Board from 1966 to 1973. He would also serve as an advisor to law. The Armenian Genocide started in 1915, This resolution insists that Iran mush show four St. Louis mayors, including Raymond when the Turkish government rounded up and Tucker, A.J. Cervantes, Vincent C. signs of respecting human rights as a pre- killed Armenian soldiers. Then, on April 24, requisite for improving its relationship with the Schoelmehl, Jr., and Freeman Bosley, Jr. 1915, the government turned its attention to Reverend Nance will be remembered as United States; and therefore urges the Clinton slaughtering Armenian intellectuals. They were Administration to condemn the arrest and con- both a friend and public servant of the highest killed because of their ethnicity, the first group tinued prosecution of these thirteen people; integrity. The city of St. Louis, and all who are in the 20th Century killed not for what they demand that the fabricated charges be dedicated to the cause of racial harmony and did, but for who they were. dropped and the men immediately released; equal opportunity, will long cherish the many and ensure that Iran's treatment of this case By the time the bloodshed of the genocide contributions of this outstanding leader. is a benchmark for determining the nature of ended, the victims included the aged, women I would like to share the following articles current and future United States-Iran relations. and children who had been forced from their about Reverend Nance's passing from the St. Accordingly, I urge our colleagues to sup- homes and marched to relocation camps, Louis Post-Dispatch on April 6, 2000. port this resolution, whose text is printed beaten and brutalized along the way. In addi- [From the St. Louis Post-Dispatch Metro, below, since it sends a clear message to the tion to the 1.5 million dead, over 500,000 Ar- Thurs., Apr. 6, 2000] government in Teheran that we will not coun- menians were driven from their homeland. PASTOR AND POLITICAL ACTIVIST EARL NANCE tenance, nor will we remain silent, in the face SR. DIES AT 89 of arrests of innocent individuals on trumped It is important that we make the time, every (By Paul Harris) year, to remember the victims of the Armenian up charges. The Rev. Earl Nance Sr., a longtime Bap- genocide. We hope that, by remembering the H. CON. RES. 307 tist pastor and a community and political bloodshed and atrocities committed against Whereas on the eve of the Jewish holiday activist in St. Louis, died Tuesday (April 4, of Passover in 1999, 13 Jews, including com- the Armenians, we can prevent this kind of 2000) at Compton Heights Hospital after a munity and religious leaders in the cities of tragedy from repeating itself. Unfortunately, brief illness. He was 89 and lived in St. Louis. Shiraz and Isfahan, were arrested by the au- history continues to prove us wrong. The Rev. Mr. Nance was pastor for 43 years of Greater Mount Carmel Missionary Baptist thorities of the Islamic Republic of Iran and So, Mr. Speaker, as we begin this new cen- accused of spying for the United States and Church. His son, the Rev. Earl Nance Jr., co- Israel; tury, we must not forget the horrors of the past pastor of the church, took over when his fa- Whereas no evidence has been brought one. It is important to continue to talk about ther retired in 1994. forth to substantiate these arrests, and no the Armenian genocide. We must keep alive The Rev. Mr. Nance and his son had a rela- formal charges have been lodged after more tionship that was more than just father and the memory of those who lost their lives dur- son—they were the closest of friends. than a year of consideration; ing the eight years of bloodshed in Armenia. Whereas the Secretary of State has identi- ‘‘It was definitely a strong relationship fied the case of the 13 Jews in Shiraz as ‘‘one We must educate other nations who have not . . . and it remained so,’’ Nance said. ‘‘I of the barometers of U.S.-Iran relations’’; recognized that the Armenian genocide oc- guess you could say we were like brothers, Whereas countless nations have expressed curred. Above all, we must remain vigilant. but you would always know who was the fa- their concern for these individuals and espe- ther. He was my role model, and he paved cially their human rights under the rule of Mr. Speaker, I commend Armenian-Ameri- the way for me in the church and in the law; cansÐthe survivors and their descendantsÐ city.’’ Whereas Iran must show signs of respect- who continue to educate the world about the Their lives had many other parallels. Both ing human rights as a prerequisite for im- tragedy of the Armenian Genocide and make have been teachers in St. Louis Public proving its relationship with the United valuable contributions to our shared American Schools, have served on the St. Louis School States; and Board and have served on the board of the Whereas President Khatami was elected on culture. Because of their efforts, the world will Mathews-Dickey Boys’ Club. a platform of moderation and reform: Now, not be allowed to forget the memory of the The Rev. Mr. Nance was an adviser to St. therefore, be it victims of the first 20th Century holocaust. Louis Mayors Freeman Bosley Jr., Vincent

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.023 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E567 C. Schoemehl Jr., John H. Poelker, Alfonso University in Jefferson City and of Morehouse young adults graduate from college strapped J. Cervantes and Raymond R. Tucker. College in Atlanta. by enormous loans. My bill forgives the loans He served as president of the Central City While at Morehouse, Mr. Nance was the for those who teach in public schools for five Food Store, and he was the first president of the Missouri Progressive Baptist State Con- somewhat older classmate, study partner and years. This is a step in the right direction. It vention and moderator of its St. Louis Dis- friend of the Rev. Martin Luther King Jr. Earl will help schools in all of our districts and we trict Association. Nance became one of Mr. King's lieutenants have the chance this year to make an impact. Reared on a farm in Alma, Ark., the Rev. in the civil rights movement and helped plan Second, many students addressed what we Mr. Nance came to St. Louis in the 1930s and some of the movement's strategies. call the digital divide. Angee, another student worked as a baggage handler at the bus sta- He was influential in bringing the Rev. Dr. at Mountlake Terrace wrote to me: ``I thought tion while living at the YMCA. He later sold King to speak at a Freedom Rally here in it would be cool to take classes off the Inter- insurance and attended the old Brooks Bible 1957. More than 9,000 people attended the net. That would be very beneficial to people in College here and Gamon Theological Semi- our school who may need a certain class to nary in Atlanta. He also served in the Army rally at Kiel Auditorium Convention Hall. The in World War II. money raised helped the civil rights effort in graduate that is not offered at our school.'' He graduated from Lincoln University in the South. We can address this issue. I have written to Jefferson City and Morehouse College in At- And twice when Dr. King came to St. Louis my colleagues on the Appropriations Com- lanta, where he was a classmate of the Rev. he spoke at Washington Tabernacle Church, mittee asking them to fund technology initia- Dr. Martin Luther King Jr. In 1962, he was where the Rev. Mr. Nance's uncle, the late tives that make Advanced Placement courses instrumental in bringing the civil rights Rev. Dr. John E. Nance, was pastor. Before widely available to students by teaching them leader to St. Louis. via the Internet. This is a real opportunity for Recently, he received the Pioneer Award becoming pastor of Greater Mount Carmel in 1951, the Rev. Mr. Nance was a public school us to expand curricula and at the same time from the Rev. Dr. Martin Luther King Jr. allow students to develop more sophisticated State Commemorative Committee for his teacher. He was a member of the St. Louis commitment to civil rights in St. Louis. School Board from 1966 to 1973 and an ad- computer skills. I urge my colleagues to join Martin L. Mathews, president and chief ex- viser to four St. Louis mayors: Raymond Tuck- me in finding ways to use technology to en- ecutive officer of the Mathews-Dickey Boys er, A.J. Cervantes, Vincent C. Schoemehl Jr. hance and expand educational opportunities. and Girls Club, was a friend of the Rev. Mr. and Freeman Bosley Jr. Third and finally, a student wrote to me: ``I Nance for more than 40 years. For all his contributions to the community would like to know what you would do to keep ‘‘He was always willing to go beyond the drugs out of school and how you would keep call of duty to help not only his congrega- and church, perhaps Mr. Nance's greatest legacy is his son, the Rev. Earl Nance Jr. The guns out of the hands of people who might tion, but he would reach out and help others commit crimes or be a danger to themselves.'' in the community,’’ Mathews said. ‘‘He was a younger Mr. Nance and his father were re- stern man, but fair. . . . He stood by what he garded as a team, with the son following This is a good question and unfortunately the believed in and never wavered.’’ closely in his father's footsteps. Mr. Nance Jr. answer is, ``Not enough.'' Both Houses of Congress have passed Ju- The Rev. Mr. Nance was considered a men- and his father were co-pastor's of Greater venile Justice legislation. To Members serving tor and counselor to many of the younger Mount Carmel from 1979 until the elder Baptist pastors in the city. on the Conference committeeÐI ask that you Nance's retirement in 1994. ‘‘He was there to help me shape my min- go out into your communities and talk to stu- Shortly after his father's death, Earl Nance istry,’’ said the Rev. Willie J. Ellis Jr., pas- dents like the ones in my district and be sure Jr. recalled two of his favorite memories of his tor of New Northside Baptist Church. ‘‘He that you can respond to their concerns about was a man that spoke his mind. . . . He told father: ``He had a good sense of humor. He al- safety. Students realize that they have a re- it just like it was.’’ ways kept us laughing at home. And he never sponsibility to look out for each other and they The Rev. E.G. Shields, pastor of Mount missed my baseball games. He always know that they need to continue to do this. Beulah M.B. Church, affectionately called blocked out Saturdays so he could watch me the Rev. Mr. Nance ‘‘Dad.’’ Parents also have a responsibility to be sure play.'' ‘‘He had a love for younger pastors. He that they listen to their children and be the ar- f wanted us to make it,’’ Shields said. ‘‘He chitects of a moral code of conduct for their helped us to build our churches by first get- family. As lawmakers we too share this re- ting our financial statements together. I COMMENDING THE STUDENTS AT loved and respected him. He was truly a fa- MOUNTLAKE TERRACE HIGH sponsibility to make our schools and commu- ther figure to me.’’ SCHOOL nities safe. We cannot lecture parents, chil- The Rev. Mr. Nance served as an associate dren, teachers and families about what they pastor at Galilee Baptist Church and at Cal- HON. JAY INSLEE should be doing if we have not stepped up vary Baptist Church before he became pastor ourselves to address this issue where we can. of Greater Mount Carmel. OF WASHINGTON We stand now at a unique cross roads in Visitation will be from 3 to 6 p.m. Satur- IN THE HOUSE OF REPRESENTATIVES American history. We enjoy a time of pros- day at Greater Mount Carmel M.B. Church, Thursday, April 13, 2000 perous peace and economists predict that we 1617 North Euclid Avenue. A funeral service will be at 6 p.m. Sunday at the church. Bur- Mr. INSLEE. Mr. Speaker, at an event back will have a budget surplus in the federal budg- ial will be at St. Peter’s Cemetery, 2101 home in Washington State, I had the oppor- et. We are in a position to invest in the next Lucas and Hunt Road. tunity to speak and listen to a group of stu- generation of our nation. Unfortunately, our The Rev. Mr. Nance was married to the dents from Mountlake Terrace High School in political system does not allow the students late Thelma Brown Nance, who also was a my Congressional District. The group I spoke that I met with to vote. Imagine what would teacher in St. Louis Public Schools. She died with represents some of the best and the happen if they could. Think about what will in May. Survivors are two brothers, Clyde happen in a few years when they can. They Nance and Ray Nance, both of Los Angeles; brightest of our nation and their voices ought a sister, Sue Nance of Los Angeles; and a to be heard as we debate education reform. have asked me to help them and I challenge granddaughter. After I spoke to them many of the students e- youÐmy colleaguesÐto join me and embrace mailed me with their thoughts and I rise today the ideas represented by the next generation A CIVIL RIGHTS PIONEER, MR. EARL NANCE SR. to share a few of the concerns that they have of Americans. With the passing of the Rev. Earl Nance Sr., about the issues that we are debating in this f the civil rights movement, the people of St. chamber. ‘‘THE ADVANCED TECHNOLOGY Louis and members of the Greater Mount Car- Justine, a student at Mountlake Terrace, MOTOR VEHICLE FUEL ECONOMY mel Missionary Baptist Church have lost a stated the importance of good, high quality ACT OF 2000’’ friend. teachers. She wrote: ``They are the ones who As one of 18 children born to Betty and Wil- are teaching us how to take care of this beau- HON. DALE E. KILDEE lis Nance of Alma, Ark., Mr. Nance came from tiful place when people like you become too OF MICHIGAN a humble background. Education was the tool old to do so.'' We are on the verge of a teach- IN THE HOUSE OF REPRESENTATIVES Mr. Nance used to advance. He never forgot er crisis in our country. Our children recognize where he came from, and he always worked the effects that teachers have on our futureÐ Thursday, April 13, 2000 for better schools. I believe that it is time for us to recognize this Mr. KILDEE. Mr. Speaker, recent gasoline He began his formal education in Fort as well. price spikes have renewed our awareness that Smith, Ark., and attended Gamon Theological I ask you to support a bill that I plan to intro- continuing improvements in fuel economy are Seminary in Atlanta and Brooks Bible College duce as an incentive for young people to enter important to America. Because the goal of im- in St. Louis. He was a graduate of Lincoln into the teaching profession. Many of our proved fuel economy should not be forgotten,

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.027 pfrm03 PsN: E13PT2 E568 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 I am introducing a bill entitled ``The Advanced ommendations for future action. In addition, doctorate degrees from N.Y. State's Domini- Technology Motor Vehicle Fuel Economy Act this title of the bill would require a study of can College and St. Thomas Aquinas College. of 2000.'' lean burn technologies to make sure the U.S. I invite all of my colleagues to join me in pay- Back in 1975, after the disruptions of the is not embarking on a path that would pre- ing tribute to Monsignor Cox and remembering Arab Oil Embargo of 1973, Congress worked clude the use of promising fuel saving tech- him on May 15th, the day of his 75th birthday to improve energy conservation efforts. One of nologies. and in wishing him Happy Birthday for many the key elements was the Corporate Average The bill also extends CAFE credits available more years to come. Fuel Economy (CAFE) program, whereby to manufacturers for producing flexible fuel ve- f automakers would meet increasing levels of hicles: vehicles that can use either gasoline or fuel economy for their fleets of vehicles. This an alternative fuel, such as ethanol or natural THE ARMENIAN GENOCIDE program was well intentioned. It was expected gas. The existence of these credits over the SPEECH OF to help the U.S. reduce its import of petro- past several years has helped address an on- leumÐespecially from the least stable pro- going problem: fuel providers do not want to HON. LYNN C. WOOLSEY ducers around the world. National security commit to alternative fuel stations without OF CALIFORNIA would be improved. The balance of payments knowing that vehicles would be available to IN THE HOUSE OF REPRESENTATIVES would be improved. Americans would save use them. Automakers did not want to Wednesday, April 12, 2000 money at the pump. And automakers would produce vehicles that use only alternative be encouraged to bring new technologies to fuels without knowing that the fuels would be Ms. WOOLSEY. Mr. Speaker, today as I market faster. available. The production of flexible fuel vehi- have each year since I came to Congress, I However, expectations did not translate into cles bridges this gap. acknowledge the atrocities suffered by the Ar- reality. We have never seen $3 a gallon for Mr. Speaker, this bill will help us deal with menian people at the hands of the Ottoman gasoline, and price spikes have only occurred the CAFE dilemma that we face. The freeze of Turks. This year marks the 85th anniversary of on a couple of temporary occasions. Oil sup- the current standards should continue. But in this atrocity. plies have not significantly tightened nor have the meantime, we can study where we are, It is important that we take this time to re- imports declined. Furthermore, gasoline con- where we have been, and think carefully about member one of the greatest tragedies that hu- sumption has not changed significantly. where we need to go. And we can provide mankind has ever witnessed. Mr. Speaker, lit- Despite suggestions to the contrary, the consumers with the incentives to purchase the tle did anyone know that April 24, 1915, would fleet average fuel economy for passenger cars vehicles that are starting to show up in the forever signify the beginning of a Turkish cam- has increased by over 100% and for light duty marketplace with some of the advanced tech- paign to eliminate the Armenian people from trucks by over 50% since 1974. Manufacturers nologies resulting from partnerships and com- the face of the Earth. have made cars lighter, smaller and more aer- petition among the manufacturers. I urge my Over the following 8 years, 1.5 million Arme- odynamic. They have improved the efficiency colleagues to support this bill. nians perished, more than 200 Armenian reli- of engines, transmissions, and accessories. f gious, political, and intellectual leaders were Some may assert that this shows the success CELEBRATING MONSIGNOR JAMES massacred, and more than 500,000 were ex- of the CAFE program. However, these F. COX’S 75TH BIRTHDAY iled from their homes. Armenian civilization, changes actually occurred largely as a result one of the oldest civilizations, virtually ceased of the higher prices that did exist through the to exist. late 1970s and the intense competitiveness HON. BENJAMIN A. GILMAN Sadly, this chapter of global history is not as OF NEW YORK among manufacturers worldwide after world oil well known or remembered an event of the IN THE HOUSE OF REPRESENTATIVES prices began to decline. 20th century as it deserves to be. Little atten- While I support the goals of improved fuel Thursday, April 13, 2000 tion was paid to this tragic episode by the vic- efficiency, I believe any increases in CAFE Mr. GILMAN. Mr. Speaker, the Right Rev- torious allied powers at the end of World War would be very disruptive of the current light erend Monsignor James F. Cox will celebrate I, or by historians since. And unfortunately, as truck market and are not necessary. Vehicle his 75th birthday on May 15, 2000. Monsignor time wears on, so much of it has faded into choice is too important to consumers, and uni- Cox has been dedicated to service for most of memory, and people begin to forget what oc- lateral disruptions would significantly hurt our his life, especially within the Catholic Church curred during that horrific time. vital American Auto Industry. Instead, I believe and the Archdiocese of New York. He was or- However, even worse, as time passes on, the proposals in ``The Advanced Technology dained to the priesthood in 1951, and since and people are distanced from the atrocities, Motor Vehicle Fuel Economy Act of 2000'' are that time, Monsignor Cox has made a valiant naysayers and revisionists have the oppor- a better way to achieve the results we want. effort to serve the people of New York, most tunity to change this generation's under- First, it focuses on the advanced tech- of whom reside in my Congressional district. standing of Armenian genocide. nologies that the automakers are already ag- The title of Monsignor is one of prominence Even more outrageous though, due to the gressively pursuing by providing incentives to within the Catholic Church, bestowed upon failure of some nations to acknowledge this consumers who purchase vehicles that use those of great virtue and generosity. Mon- horrible tragedy, 85 years later the Turkish hybrid powertrains, electric drive or fuel cells. signor Cox has been an exemplary model for crimes have gone unpunished. These incentives will help to promote the work all to follow. Throughout his years in our Hud- An international court has yet to condemn that is underway in the industry/government son Valley, Monsignor Cox has served on sev- the holocaust of an entire nation, and this im- partnerships like the Partnership for a New eral advisory and community boards that have punity has permitted the Turks to repeat simi- Generation of Vehicles (PNGV). PNGV is a been of great importance to the citizens of my lar crimes against the Greek inhabitants of collaborative program to develop breakthrough district. He was a former member of the Rock- Asia minor; the Syrian Orthodox people and technologies to improve fuel economy. land County Mental Health Board, former recently, people living in Cyprus. PNGV has been a huge success already. Chairman of the Rockland County Human Fortunately, despite this unspeakable trag- Just last month, DaimlerChrysler, Ford and Rights Commission, a former member of the edy committed 85 years ago, Armenians today GM each displayed concept cars that show Rockland County Board of Governors, a remain a compassionate, proud, and dignified how the technologies being developed (hybrid former President of the Board of Directors of people. Despite the unmerciful efforts of the powertrains, lightweight materials, lower rolling the Rockland Haitian Association, Chaplain of Turks, Armenian civilization lives on and resistance tires, great aerodynamics, and oth- the Columbiettes Triune Council of the Knights thrives today. ers) can be packaged to provide a five pas- of Columbus, and State Chaplain of the Thankfully, this spirit lives on in the inde- senger, family sedan that can get 80 miles per Catholic Daughters of the Americas. pendent Republic of Armenia. And, it lives on gallon without sacrificing performance and Moreover, Monsignor Cox was the Pastor of in communities throughout America, especially most of the other important characteristics of St. Mary's Parish in Washingtonville, NY and in my home State of California. In fact, every today's comparable vehicles. was the Roman Catholic Vican for both Rock- proud Armenian that walks the world over is Second, the bill sets up a thorough study of land and Orange Counties. Today, Monsignor the product of generations of perseverance, current and future energy conversation meas- Cox continues his work as a Pastoral Asso- courage, and hope. ures related to motor vehicles and transpor- ciate at St. Joseph's Parish in Westchester I am proud that today my colleagues and I tation. This study would provide for the Na- County. engage in this special order to honor the inno- tional Academy of Sciences to review the cur- For his valiant efforts in the community, cent Armenians who tragically lost their lives. rent U.S. energy situation and make rec- Monsignor Cox has also received honorary Today we call attention to and acknowledge

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.031 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E569 that the Ottoman Turks committed genocide ple and with the D.A.R.E. Boosters program. HONORING THE JUMP START 2000 against the Armenian people. She had also previously served on the Board STUDENTS FROM MILLS GODWIN And today, we demand that this undeniable of Directors for the Chamber of Commerce HIGH SCHOOL IN RICHMOND, VA fact be accounted for by the current leaders in Executives of Ohio, and served with the Com- Istanbul. Unfortunately, the valuable lessons munity Improvement Association, the Celina HON. TOM BLILEY which might have been learned from this Ar- Retail Merchants, and the Celina Business OF VIRGINIA menian genocide have gone largely unlearned and Professional Association. She was a char- IN THE HOUSE OF REPRESENTATIVES and unnoticed. ter member of the Grand Lake Toastmasters, Perhaps if more attention had been paid to Thursday, April 13, 2000 an organization dedicated to the improvement the slaughter of the innocent Armenian men, Mr. BLILEY. Mr. Speaker, today I commend of oral communication and leadership skills. women, and childrenÐperhaps if needed les- a team of students from Mills Godwin High sons in humanity had been learned earlierÐ She is also an active member of her church, School in Richmond, VA on their outstanding our world could have avoided other tragic Grace Missionary Church in Celina, In 1997, top-place finish in JumpStart 2000. Students events and unspeakable events of this past the St. Mary's Business and Professional Yvonne Mowery, Amanda England, Ford century. Women's Organization chose Jackie as their Sleeman and Jason Selleck, coached by Ellen But since we can't change the past but only Woman of the Year. Mayo, took top honors in the 9±12 grade age prepare for the future, it is only proper and fit- Jackie Balfour is a true leader whose hard group while competing against 2,024 other en- ting that the international bastion of democ- work and dedication should serve as an exam- tries from 532 different schools nationwide. racy, the U.S. House of Representatives, is a ple for us all. Every American should aspire to JumpStart 2000 is a national science and voice in this campaign to recognize and ac- this kind of enthusiastic commitment to serv- technology challenge for students in grades knowledge the Armenian genocide. ice. I am proud to know and represent a per- K±12. They are tasked with identifying a prob- As George Santayana reminds us, ``Those lem of national or global importance in the son like Jackie Balfour in Congress. She is a who forget the past are condemned to repeat 21st century and must propose an innovative truly gracious individual who strives to pro- it.'' Perhaps this, above all, is the valuable les- solution that uses science and technology. son each of us must learn from the Armenian mote the ideals that will ensure our country re- The students work in teams of four under the genocide. mains a great place to live with hope and op- supervision of an adult coach. The competition However, until that day comes, know that I portunity for all. is sponsored by Parade and react magazines, will continue to remind our Nation, and this and the National Science Board, the governing distinguished body, of our responsibility to f board of the National Science Foundation. learn from the past. And, our responsibility to The Mills Goodwin High School team im- speak out in order to prevent any such atrocity CONGRATULATING THE UNIVER- pressed the judges with their entry titled ``Sav- in the future. SITY OF ILLINOIS AND THE CEN- ing the World a Drop at a Time.'' They identi- f TURY COUNCIL FOR THEIR WORK fied the need for worldwide access to a clean ON ALCOHOL 101 and safe water supply as one of the greatest HONORING JACKIE BALFOUR FOR challenges facing the world in the next cen- TWENTY-TWO YEARS OF DEDI- tury, especially in developing nations prone to CATED SERVICE HON. THOMAS W. EWING a high mortality rate due in part to water-borne OF ILLINOIS diseases found in contaminated water. The HON. JOHN A. BOEHNER students' solution was an inexpensive, low- IN THE HOUSE OF REPRESENTATIVES OF OHIO maintenance water purification system that IN THE HOUSE OF REPRESENTATIVES Thursday, April 13, 2000 uses natural materials and UV radiation to fil- Thursday, April 13, 2000 ter and disinfect water, thereby preventing the Mr. EWING. Mr. Speaker, today I congratu- spread of water-borne disease. Mr. BOEHNER. Mr. Speaker, ``Service is the late the Century Council for their dedication to I congratulate Yvonne, Amanda, Ford and price you pay for the space you occupy on the fight against drunk driving and underage Jason on their exceptional achievement, and I this Earth.'' This is the noble principle that has drinking. The Century Council, in conjunction thank their coach Ellen Mayo for her dedica- served to guide Jackie Balfour through her 22 with the University of Illinois at Champaign-Ur- tion to working with these talented young years of dedicated service to her community in bana, created Alcohol 101, an interactive CD± adults. Celina and Mercer County, Ohio. For those ROM program, which debuted on more than f past 22 years, Jackie went from volunteering with the Celina Chamber of Commerce in 1,000 college campuses during the 1998± THE CHICAGO AREA ENTREPRE- 1969 to recent years as the Chamber Presi- 1999 school year. NEURSHIP HALL OF FAME dent. Noteworthy chamber events under Jack- This virtual reality program is geared to- ie's leadership include the establishing of the wards college are students and hopes to pre- HON. JOHN EDWARD PORTER Convention and Visitor's Bureau in Auglaize vent and reduce the harm caused by abusive OF ILLINOIS County (OH), innovations as the Small Busi- drinking habits. Students at the University of Il- IN THE HOUSE OF REPRESENTATIVES ness Development Center and Industrial linois at Champaign-Urbana, under the guid- Thursday, April 13, 2000 Awareness Days, the growth of the St. Mary's ance of Professor Janet Reis, assisted in the Lake Festival, and the creation of the Auglaize development of this program by participating Mr. PORTER. Mr. Speaker, today I call your and Mercer County Industrial Association. in focus groups and extensive surveys. attention to the Chicago Area Entrepreneur- In 1967, Jackie earned her radio broad- ship Hall of Fame sponsored by the University casting license from the Federal Communica- Thanks to the input of these students, thou- of Illinois at Chicago. Entrepreneurs inducted tion Commission and broke ground in the field sands of college students across the country into the Hall of Fame are selected because as a woman broadcaster. She was one of the will be able to witness the negative con- they have steered their companies through first women to earn this license. Jackie and sequences of abusive drinking. As a result, significant challenges, and their businesses her husband Keith owned Radio Station WKKI the students will be better prepared when con- have emerged strong and vital. for a number of years during this time. She fronting these situations in their daily lives. Nominees are interviewed by members of was one of only 35 individuals in eight states Alcohol 101 has received high recognition the sponsoring organizations drawn from in- selected to participate in the Neil Armstrong from many health, education, and communica- dustry and voted upon by a judges panel. The Homecoming after his historic flight to the tions competitions. Most recently, the program Chicago Area Entrepreneurship Hall of Fame moon. In addition, Jackie has interviewed nu- received the prestigious FREDDIE award in is the oldest recognition program of this kind merous elected officials and celebrities, includ- the area of Health and Medical Film Competi- in the Chicago area. ing Joan Crawford, President Richard Nixon, Winners selected for the 2000 Hall of Fame tion. Ohio Governor Jim Rhodes, Ed McMahon, from Illinois' 10th Congressional District are: Bob Hope and Nick Clooney. Mr. Speaker, this program is a great asset Jacob Kiferbaum, of Kiferbaum Construction But her participation and leadership did not to universities across the country and I offer Corporation, Deerfield, Illinois; Lake Forest end there. For 11 years Jackie worked on the my sincerest congratulations to the Century resident Elizabeth Van Ella, of James E. Van Congressional Award program for young peo- Council and the University of Illinois. Ella & Associates, Chicago; and Marshall

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.034 pfrm03 PsN: E13PT2 E570 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 Marcovitz, founder and former owner of Chef's About half of the children lived with spon- bushmeat in the Congo Basin has the poten- Catalog, Northbrook, Illinois. Each of these sors in London. Other children who did not tial to become a devastating human health cri- businesses experienced substantial revenue have sponsors were taken to a summer camp sis. According to world expert and bushmeat growth under the guidance of these out- in Dovercourt Bay and other facilities until indi- Crisis Task Force member, Dr. Beatrice Hahn, standing leaders in the business community. vidual families agreed to care for them or until research reasonably indicates that humans By honoring the hard work and hostels could be organized to care for larger might acquire the immuno-deficiency syn- perseverence of these creative forces we are groups of the children. These homes and hos- drome (HIV) through the ingestion of primate projecting their accomplishments as examples tels were located throughout Britain. After the tissue. Research also suggests that other vi- that others can follow. Mr. Speaker, I ask my war, many children from the Kindertransport ruses, including the Ebola virus, may be pos- colleagues to join me in congratulating these program emigrated to Israel, the United sibly linked to non-human primates and could Hall of Fame members on this achievement. States, Canada, and Australia, or became citi- be transmitted to humans through bush meat f zens of Great Britain. Most of these children consumption. never saw their parents again. A broad range of actions will be needed if KINDERTRANSPORT—60TH ANNI- Mr. Speaker, as we mark sixty years since there is any hope to protect and hopefully re- VERSARY OF BRITISH HOSPI- the conclusion of the Kindertransport program, cover great ape populations in Africa. Logging TALITY FOR CHILD VICTIMS OF I want to pay tribute to the British Government companies must halt the flow of bushmeat NAZI GERMANY and the British people for providing sanctuary from their operations. Long term support for for these refugee children. If they had re- protected areas, national parks, and buffer HON. TOM LANTOS mained in Nazi Germany, it is clear that most zones must be secured to protect habitat and OF CALIFORNIA if not all of them would have suffered tragic wildlife. Law enforcement capacity to enable IN THE HOUSE OF REPRESENTATIVES deaths. countries to enforce wildlife protection laws Mr. Speaker, I would like to express thanks Thursday, April 13, 2000 must be developed. Finally, efforts must be to Margret Hofmann of Texas for bringing to undertaken to help rural populations develop Mr. LANTOS. Mr. Speaker, on December 2, my attention this heroic effort. She has striven alternative sources of protein that will reduce 1938, two hundred children from a Jewish or- to teach others, through stories like this one, the demand for bushmeat. phanage in Berlin arrived in Harwich, Britain. about the humble heroes of the Holocaust. I Today, I am introducing the Great Ape Con- Over the next two yearsÐbetween 1938 and would also like to thank Richard M. Graves of servation Act to address the imperiled status 1940Ðsome nine to ten thousand children ar- the United States Holocaust Memorial Mu- of Africa's large primates. Modeled after the rived in Britain from Nazi Germany. These seum for providing me with information about highly successful African and Asian Elephant missions of mercy, which were supported by the Kindertransport. and Rhino Conservation Acts, the Great Ape the United Kingdom, were called f Conservation Act would authorize the Sec- Kindertransport (Children's Transport). The INTRODUCTION OF THE GREAT retary of the Interior to assist in the Conserva- program rescued refugee children from Ger- APE CONSERVATION ACT OF 2000 tion and protection of great apes by providing many, Austria, Czechoslovakia, and Poland. grants to local wildlife management authorities Three-quarters of that number, some 7,500, and other organizations and individuals in- were Jewish, and the other approximately HON. GEORGE MILLER volved in the conservation, management, pro- 2,500 were of other ethnic and religious back- OF CALIFORNIA tection and restoration of great ape popu- grounds. IN THE HOUSE OF REPRESENTATIVES lations and their habitats. These projects tend Mr. Speaker, this year marks the 60th anni- Thursday, April 13, 2000 to be implemented locally, working with af- versary of the end of the mission of mercy of Mr. MILLER of California. Mr. Speaker, ac- fected communities, in order to be most effec- the Kindertransport. I think it is appropriate cording to Jane Goodall, one of the world's tive. that we mark that anniversary and pay tribute leading primatologists and renowned authority The challenges facing the conservation of to the Government of the United Kingdom for on chimpanzees, all four species of great ape great apes are immense. Unfortunately, the their involvement with this effort in saving the in Africa are in desperate trouble. If action is resources so far available from the United Na- lives of these ten thousand children. not taken now, it is likely there will be no via- tions to cope with these threats have not been The British government eased its immigra- ble populations of gorillas, orangutans, commensurate to the task. This bill would es- tion restrictions for certain categories of Jew- bonobos and chimpanzees living in the wild tablish a Great Ape Conservation Fund as a ish refugees after the Nazis staged their vio- within 20 years. Such an ecological tragedy separate account in the existing multinational lent pogrom against Jews throughout Ger- cannot be allowed to pass unnoticed. Species Conservation Fund in the U.S. Treas- many and Austria on November 9, 1938, The threats to the apes stem largely from ury to address this deficiency. Over five years, called Kristallnacht (``Night of Broken Glass''). increased commercial logging that facilitates the bill would authorize $5 million per year to The Movement for the Care of Children in both habitat loss and a growing and largely support conservation grant activities. Scientific Germany coordinated the effort to assist ref- unregulated commercial bush meat trade. research and monitoring of ape populations ugee children. This organization, in coopera- Bush meat, the term used to describe wildlife and habitats, assistance in the development tion with the British Committee for the Jews of used for meat consumption, includes ele- and implementation of habitat management Germany, worked to persuade the British Gov- phants, gorillas, chimpanzees, forest antelope plans, protection and acquisition of threatened ernment to permit an unspecified number of and a variety of other species. Once only used habitats, enforcement of domestic laws relat- children under the age of 17 to enter the as a subsistence food source, the commercial ing to resource management, and other con- country from Germany and territories that bush meat trade has skyrocketed in recent servation measures would be included in the were incorporated in Germany. years with devastating impacts on wildlife pop- menu of eligible grant activities. Importantly, Once the children arrived in Britain, private ulations, many of which are threatened and grants under this new program could also be citizens and charitable groups, including Jew- endangered. Not only is this commercial trade used to support enforcement and implementa- ish organizations as well as Quakers and being used to supply urban populations in Afri- tion of trade prohibitions and restrictions es- many other Christian denominations, guaran- ca, international trade is also growing. tablished under the Convention on Inter- teed payment for each child's care, education, We are only now beginning to understand national Trade in Endangered Species, or and eventual emigration out of Britain. In re- and appreciate the complex role of great apes CITES. These grants would allow wildlife man- turn for this guarantee, the British government in maintaining the ecological health and bio- agement authorities in the Congo Basin the agreed to permit unaccompanied refugee chil- diversity of tropical and subtropical forest habi- flexibility they need to work cooperatively with dren to enter the country with simple travel tats. Recent research indicates that these pri- affected local human populations. And only by visas. Parents and guardians could not ac- mates are particularly important for seed dis- incorporating the participation of local resi- company their children, and as a result, in- persal and habitat modification. Biologists fear dents will we be able to address the many so- fants included in the program were tended by that the loss of all great apes could irrevocably cial and economic factors preventing the long- older children. Children with friends or rel- alter forest structure and the composition of term conservation and protection of great atives in Britain were generally favored, but species which could exacerbate other environ- apes. other children were accepted if they were mental threats caused by deforestation and International efforts to prevent the extinction homeless or orphans, or if their parents were agriculture. of gorillas, orangutans, bonobos and chim- in concentration camps or otherwise no longer Additionally, recent information strongly sug- panzees will require the leadership of the able to support them. gests that the consumption of primate United States. It will also require the United

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.038 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E571 States to work collaboratively with those coun- an accreditation proves what many already PERSONAL EXPLANATION tries in Africa that have within their boundaries know: the Edmonds Police Department is a any part of the range of great apes. The task skilled, efficient, and advanced law enforce- HON. ELIJAH E. CUMMINGS ahead is daunting. But the ecological con- ment agency. OF MARYLAND sequences of not acting are far more tragic if Mr. Speaker, police officers are on the front IN THE HOUSE OF REPRESENTATIVES it means that great apes will cease to exist in lines every day, ensuring that our communities Thursday, April 13, 2000 the wild. The Great Ape Conservation Act are safe. Police officers leave the comfort and would be one significant step to avoid the per- security of their homes to fulfill their duty to Mr. CUMMINGS. Mr. Speaker, yesterday, manent loss of great apes in Africa, and I urge serve and protect. Police officers grant com- April 12, I was unavoidably detained on official all members to support this important legisla- munities an important service, to secure the business and not present for rollcall vote Nos. tion. lawfulness and safety that the public deserves. 119±122. f The Edmonds Police Department, in particular, Had I been present, I would have voted as follows: ``nay'' on rollcall vote No. 119; `àye'' TRIBUTE TO EDGAR A. SCRIBNER has proven its commitment to the community by becoming nationally accredited. on rollcall vote No. 120; `àye'' on rollcall vote No. 121; and `àye'' on rollcall vote No. 122. HON. SANDER M. LEVIN This national accreditation means that the f OF MICHIGAN public will have better communication with the police department including an annual internal EARTH DAY 2000 IN THE HOUSE OF REPRESENTATIVES affairs report, better performance and re- Thursday, April 13, 2000 sponse times. HON. SHERWOOD L. BOEHLERT Mr. LEVIN. Mr. Speaker, today I reflect on Mr. Speaker, I am honored to take this op- OF NEW YORK the career of Mr. Edgar A. Scribner, as he re- portunity to recognize the outstanding Ed- IN THE HOUSE OF REPRESENTATIVES tires from the Presidency of the Metropolitan monds Police Department, not only for its nu- Thursday, April 13, 2000 Detroit AFL±CIO and is honored this evening merous accomplishments such as this one, in Detroit, Michigan. but also for the great service it provides the Mr. BOEHLERT. Mr. Speaker, this morning For over 40 years, Ed has worked to im- citizens of Edmonds. a number of my Republican colleagues and I prove the lives of working people and the held a national press conference in advance Metro-Detroit community at large. After earn- f of Earth Day to release a list we call the ``TR ing a B.S. from Wayne State University and 10.'' The TR 10 is a package of moderate Re- attending the Institute of Labor and Industrial APPLAUDING THE NALC FOOD publican initiatives named after our hero, Relations, Ed planted his roots firmly in De- DRIVE EFFORTS Theodore Roosevelt. The bills included are troitÐthe heartland of the organized labor Republican initiatives that have bipartisan sup- movement. His labor activism began at Team- port that ought to be enacted this year, and ster Local Union #372, carried him to the HON. ADAM SMITH that could be enacted this year. This is our Michigan Teamsters Joint Council #43 and fi- second annual TR 10 list, the last one was re- OF WASHINGTON nally, almost 12 years ago, to the Metro-De- leased with the late Senator John Chafee of troit AFL±CIO. IN THE HOUSE OF REPRESENTATIVES Rhode Island, another hero of ours. Ed embodies the ideals, values and basic As with last Earth Day, the release of this Thursday, April 13, 2000 tenets of organized labor and community serv- list is designed to make several points beyond ice. He has worked on behalf of those prin- Mr. SMITH of Washington. Mr. Speaker, I bringing additional attention to good legisla- ciples for most of his life, doing so with intel- would like to take this opportunity to recognize tion. First, the environment always has been, ligence, diligence and depth. He was effec- and commend the National Association of Let- and remains, a bipartisan issue, a bipartisan tiveÐdisplaying strength and charm simulta- ter Carriers [NALC] for holding the Nation's questÐan issue on which Republicans are of- neously. largest one-day food drive. In past years the fering creative and essential leadership. Sec- He has indeed touched many, many lives. NALC, through the personal contributions and ond, there are plenty of good initiatives out From inspiring young people in the classrooms service of its members, has collected more there, there is plenty of progress we can make at Wayne State and the University of Michigan than 58 million pounds of food along various right now, even in a narrowly divided Con- or the Detroit Area Boy Scouts Council, to postal routes throughout the Nation. The gress. There's a cliche around this town that noth- working on health care issues while serving on NALC will be helping to feed American fami- ing gets done during an election year, espe- the Greater Detroit Area Health Council Board lies and children again this year during their cially nothing related to the environment. But or as the Chairman of the Blue Care Network eighth annual food drive to feed hungry fami- unlike most cliches, this one has no basis in Board of Directors, the breadth and success of lies and children across the country. Ed's service to the community are indeed im- fact. In 1996, an election year, the 104th Con- During this unprecedented time of economic pressive. There is no doubt that his example gressÐnot one known for its green castÐ expansion, Americans have benefitted from inspires future labor and community activists passed the Food Quality Protection Act, the low unemployment, rising wages, and low in- to follow his lead. Safe Drinking Water Act and a massive parks flation. However, some Americans continue to Mr. Speaker, I ask my colleagues to join my bill, to name just a few landmarks. Similarly, suffer from hunger. According to the Journal of salute of an exceptional leader: Edgar A. this year, we could pass CARA and numerous Public Health, an estimated 10 million Ameri- Scribner. His work on behalf of working peo- other significant bills. Elections are more often cans suffer from the symptoms of hungerÐ4 ple, the people of Metro-Detroit and our com- a spur to action than a barrier to it. million of which are children whose growth munity at-large will resonate for many years to So the approach of Earth Day in this elec- and development is threatened by malnutri- come. I wish him good health and happiness tion year should fill us with hope and optimism tion. These hard working families fail to make upon his retirement. because we are well positioned to make real ends meet for reasons ranging from institu- f progress. tionalized poverty to a lack of educational re- THE TR 10: A REPUBLICAN AGENDA FOR IN HONOR OF THE EDMONDS sources and inadequate health insurance. As THE 106TH CONGRESS a result, some families are left with barely POLICE DEPARTMENT (1) The Conservation and Reinvestment Act enough resources to subsist on. (CARA, H.R. 701) HON. JAY INSLEE In a nation of abundance, hardworking fami- We support the passage of CARA, pref- OF WASHINGTON lies should not have to experience the effects erably with the amendment being drafted by Rep. Sherwood Boehlert (R–N.Y.). The bill IN THE HOUSE OF REPRESENTATIVES of hunger. Our postal carriers provide a valuable and much appreciated service through would provide permanent, off-budget funding Thursday, April 13, 2000 their hard work and contribution to the greater of the LWCF, which provides financing to protect open spaces at the federal and state Mr. INSLEE. Mr. Speaker, today I pay trib- community. I commend the NALC for helping level. Republicans, led by Chairman Don ute to the Edmonds Police Department in my to feed the Nation's hungry and I encourage Young (R–Alaska), are pushing for this land- congressional district in Washington State. Members to help support the NALC in their ef- mark change in federal lands policy, which This police agency is the first in Snohomish forts to feed America during their food drive on would spend almost $3 billion on conserva- County to achieve national accreditation. Such Saturday, May 13. tion programs. The Boehlert amendment

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.040 pfrm03 PsN: E13PT2 E572 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 would make the distribution of funding more dent signed into a law a measure introduced ficient organization. To date, Mr. Brennan has equitable and would ensure that the bill ac- by Congressman Boehlert that will provide dedicated over 1,000 volunteer hours and has complishes its environmental purposes. grants for airports in non-attainment areas provided continuity, leadership, diplomacy and to purchase clean vehicles, such as natural (2) Water Resources and Development Act encouragement to staff, clients and the com- (WRDA)/Everglades Restoration gas and hybrid-electric buses. This builds on alternative fuel vehicle programs that were munity. We support the authorization of environ- While Mr. Brennan has dedicated consider- mentally friendly flood control and water included in ‘‘TEA–21.’’ Boehlert also worked projects, particularly work to restore the with the U.S. Postal Service, Ford Motor Co. able time and energy to this work, he has al- Everglades. Such projects are expected to be and Baker Electromotive to engineer the ways made an extra effort to give to the com- included in the WRDA bill, which will be largest purchase of electric vehicles in his- munity. Throughout the years, Brennan has drafted by the House Subcommittee on tory—up to 6,000 vehicles. Additional bills served in many different leadership positions Water Resources and Environment, chaired are being drafted to help more municipali- and has been very involved in several organi- by Congressman Boehlert. Boehlert is also ties purchase clean vehicles. zations including: Hoosier Boys Town, St. heading up an effort to increase funding for (10) Superfund Reform/Brownfields Margaret Merch Hospital, Hammond Chamber water infrastructure by beefing up the state Redevelopment revolving funds under the Clean Water Act. of Commerce, the Northern Indiana Arts Asso- We support broad Superfund reform that ciation and the Boy Scouts. (3) Environmentally Sound Electric will eliminate needless litigation that has Deregulation delayed the clean-up of Superfund sites and Though Mr. Brennan is dedicated to his ca- We support efforts to ensure that electric prevented the redevelopment of brownfields. reer and community, he has never limited his deregulation benefits the environment. Done Superfund must have a rational liability sys- time and love for his family. He and his wife properly, electric deregulation can improve tem that exempts small businesses that con- Sarah, have three children: Sally, Susan and the environment while lowering utility tributed little to Superfund sites and must Jeffrey, of whom they are immensely proud. rates. But deregulation must include provi- facilitate the redevelopment of brownfields, Mr. Speaker, I ask that you and my distin- sions to limit emissions from coal plants and which are a blight in so many of our cities. guished colleagues join me in congratulating to encourage the use of renewable sources of One moderate approach to this bill is em- energy. Congressmen Rick Lazio (R–N.Y.), Mr. Andrew Brennan for his outstanding devo- bodied in Congressman Boehlert’s H.R. 1300, tion to Northwest Indiana. His dedicated serv- Jim Greenwood (R–Pa.) and Sherry Boehlert the Recycle America’s Land Act, which has are leading the effort to ensure that such support from a wide range of groups includ- ice is commendable and admirable. Indiana's provisions are included in any legislation to ing the National Association of Manufactur- First Congressional District is proud to count reduce limits on sulfur dioxide and nitrogen ers and the U.S. Conference of Mayors, and such a committed and conscientious citizen, oxides to prevent acid rain. Boehlert is also the National Federation of Independent Andrew Brennan, among its residents. pressing to control all four utility pollut- Business. ants. f f (4) Credit for Voluntary Action (H.R. 2520) IN HONOR OF THE ROBINSON SEC- We support Congressman Rick Lazio’s bill HONORING ANDREW BRENNAN ONDARY SCHOOL’S DECA CHAP- to create credits for companies that are re- TER AND THEIR EFFORTS TO ducing emissions of greenhouse gases. Cred- FROM THE FIRST CONGRES- its would encourage voluntary reductions in SIONAL DISTRICT OF INDIANA RAISE PUBLIC AWARENESS greenhouse gas emissions and could be used ABOUT THE BENEFITS OF AUTO- as part of any future regulatory regime. HON. PETER J. VISCLOSKY MATED EXTERNAL DEFIBRILLA- TORS (AED) (5) Beaches Environmental Assessment, OF INDIANA Clean Up and Health Act (H.R. 999) IN THE HOUSE OF REPRESENTATIVES We support legislation to ensure that our HON. THOMAS M. DAVIS coastal waters do not pose a health threat to Thursday, April 13, 2000 OF VIRGINIA bathers, boaters and surfers. This bill, intro- Mr. VISCLOSKY. Mr. Speaker, it gives me IN THE HOUSE OF REPRESENTATIVES duced by Rep. Brian Bilbray (R–CA) and ap- great pleasure to pay tribute to an outstanding proved by the House, would require states to Thursday, April 13, 2000 update their water quality standards to pro- citizen of Indiana's First Congressional District, tect human health in coastal recreation wa- Mr. Andrew Brennan. On Saturday, April 15, Mr. DAVIS of Virginia. Mr. Speaker, it gives ters. The bill would provide grants to states 2000, Mr. Brennan will be honored for his ex- me great pleasure to rise and pay tribute to to implement the program. emplary and dedicated service to our commu- the members of the Distributive Education (6) The Estuary Habitat Restoration nity. His praiseworthy efforts will be recog- Clubs of America (DECA) Chapter at Robin- Partnership Act (H.R. 1775) nized at the Trade Winds Gala 2000 banquet son Secondary School in Fairfax, Virginia. The We support legislation introduced by Rep. at the Radisson Hotel at Star Plaza in three hundred forty-one members of the Rob- Wayne Gilchrest (R–Md.) that would restore Merrillville, Indiana. inson DECA chapter have launched a dual and protect our nation’s estuaries, which A longtime resident of Northwest Indiana, campaign to not only educate the public about harbor ecosystems that are vital to environ- Andrew Brennan has been an active member the benefits of Automatic External mental health and the fishing industry. of the TradeWinds Board of Directors for more Defibrillators (AED), but to also increase sup- (7) The Long Island Sound Restoration Act (H.R. 3313) than 13 years. TradeWinds Rehabilitation port in Congress for the lifesaving bill H.R. We support legislation, introduced by Center, Inc. is a private, not-for-profit entity 2498, the Cardiac Arrest Survival Act. Reps. Nancy Johnson (R–Conn.) and Rick that provides services to children and adults Robinson's DECA Chapter recognized that Lazio, which would authorize additional with disabilities and functional limitations to a group of potential sudden cardiac arrest vic- funds to clean up the pollution in the Long enhance independence, productivity and com- tims have been ignored by the public: teen- Island Sound, a critical estuary and one of munity participation. In April of last year, the agers. These energetic members sought to the nation’s most populous coastal areas. TradeWinds Executive Board asked Mr. Bren- rectify this situation by initiating a public rela- The bill addresses the non-point source pol- nan to serve as its full-time Interm Executive tions campaign to raise general awareness lution that may be causing the dramatic de- Director while they searched for a permanent about the benefits of AED's and to outfit high creases in lobster and other shellfish populations in the Sound. director. Mr. Brennan graciously accepted the schools with these valuable devices. In a (8) Promoting cleaner, more efficient position. school as large as Robinson Secondary transportation Prior to volunteering his time at TradeWinds School, with 5,000 teachers, students, admin- We support efforts to promote fuel effi- as the Interim Executive Director, Mr. Brennan istrators, and community members, the need ciency and to reduce auto emissions. Con- owned and operated Viking Engineering Com- for an AED is particularly evident. In order to gressmen Boehlert and Jim Greenwood are pany with two plants in Northwest Indiana and acquire the first student-purchased AED in the circulating a letter, urging the President to one in Chicago, Illinois. In July of 1998 he country, Robinson DECA held the Heart Start work with the congress to tighten Corporate sold two of the plants, but continued to work Shopping Night and raised the needed $3,500. Average Fuel Economy (CAFE) standards for for the new owner. Mr. Brennan's expertise in In working with the American Heart Associa- Sport Utility Vehicles (SUVs). In addition, Congressman Brian Bilbray has a bill (H.R. manufacturing and production as well as his tion and a professional adult advisor com- 1976) requiring labeling on automobiles so exceptional management and aggressive moti- mittee, Robinson DECA realized that not every that consumers know the emission levels of vational style has proven successful within the state currently has legislation to provide Good the cars they are purchasing. TradeWinds organization. During the past Samaritan protection for operators of the AED. (9) Promoting alternative-fueled vehicles year, he has done a marvelous job in mending This motivated DECA to work in support of the We support efforts to promote alternative- strained relationships, opening lines of com- passage of H.R. 2495, the Cardiac Survival fueled vehicles. As part of AIR–21, the Presi- munication, and organizing and running an ef- Act. This important piece of legislation, of

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.045 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E573 which I am proud to be a co-sponsor of, would cially the following dedicated individuals: Tim working in the construction industry. Joining remove some of the barriers concerning the Calligy, James Farina, Charles Casalinos, An- Teamsters Local 541, Bob began work on the placement of AED's in public places by ex- thony Cardino, Dominick Miele, and Mike Kansas Turnpike. His outstanding work ethic tending the Good Samaritan protection to AED Turner. and determined nature earned Bob the re- users. Their lobbying efforts included devel- I ask my colleagues to join me in congratu- spect of another dedicated union man, vice oping a slogan and logo, researching H.R. lating the Hoboken Little League on its 50th president of the Local, Red Ruark, who guided 2495 in order to write a research paper, per- anniversary. Bob into the concrete industry, and in 1968 sonally lobbying all 435 House of Representa- f seized upon his leadership and elevated him tive members and staff, staging a rally on the into the Local 541 office. Based on Red's en- COMPUTER DEPRECIATION steps of the United States Capitol, holding a dorsement and his own outstanding work, REFORM ACT press conference, and designating and oper- President Curly Rogers hired Bob as a Busi- ating an internet home page. ness Agent. As all members of Congress surely know by HON. JERRY WELLER In his new role in the Union Leadership, now, once Robinson DECA rallies in support OF ILLINOIS Bob became intimately involved in negotia- of a cause, they will not rest until the job is IN THE HOUSE OF REPRESENTATIVES tions to improve the working conditions for his done. This was evident with their successful Thursday, April 13, 2000 fellow men and women of the Local. Bob's work towards the signing of the Ricky Ray He- Mr. WELLER. Mr. Speaker, today, I join my tireless efforts on behalf of his colleagues led mophilia Relief Fund Act and in their efforts to to significant improvements in wages, health, colleagues, TOM DAVIS of Virginia, BILLY TAU- promote organ and tissue donation among our welfare, and pension benefits, and annual va- ZIN of Louisiana and JENNIFER DUNN of Wash- young people in America. Their current cam- ington, in introducing the Computer Deprecia- cation time. In the course of his duties, Bob paign for H.R. 2495 is traveling down that tion Reform Act of 2000 to allow businesses to has improved the quality of life, refined the same road to success. Their dedicated, hard expense their computer equipment. Currently, meaning of living, and cultivated a culture of work has led to a substantial increase in co- businesses must depreciate their computer values under which we all live. Bob Gillihan sponsors and wide-spread support for the bill equipment over a 5-year period. I believe that has spent his entire life on the front lines, in the House of Representatives. Furthermore, this 5-year depreciation lifetime for tax pur- fighting for the interests of families that need their public educational campaign has enlight- poses is clearly outdated. Many companies it most, and most deserve it. ened the public about AED's and imple- today must update their computers as quickly In 1980, Bob followed his old friend, Red menting them to save someone in cardiac ar- as every 14 months in order to stay current Ruark, as vice president of Local 541, and rest. technologically. was elected president in 1990, a position he Mr. Speaker, everyday 1,000 Americans I believe it is time to update an outdated holds today. Bob is also president of the suffer from sudden cardiac arrest, usually out- Tax Code to reflect the realities of today's Greater Kansas City Building and Construction side of a hospital setting. Unfortunately, more technology-based workplace. A 5-year depre- Trades Council. A year later, Bob was elected than 95 percent of the victims die because ciation schedule for business computers is no secretary-treasurer of Teamsters Joint Council life-saving equipment is not readily available longer realistic. No. 56, a position he held until his appoint- or arrives too late. Therefore, the work of Rob- The Computer Depreciation Reform Act al- ment and subsequent election as the presi- inson's DECA chapter is vitally needed, and I lows every company, from the neighborhood dent of Joint Council 56 in 1999. applauded their enthusiasm and dedication in real estate office, to the local hospital, to the In addition to his union duties, Bob has helping others understand the great need for local bank to fully depreciate, or expense, their worked throughout his career on issues of im- AED's. computer equipment during the tax year in portance to the community at large. Bob f which the equipment is purchased. As a reserved for 9 years on the Board of Directors of Park Lane Hospital, currently serves as a IN HONOR OF THE HOBOKEN LIT- sult, these companies will no longer be forced to keep their equipment ``on the books'' for tax Commissioner for the Kansas City Area Trans- TLE LEAGUE ON ITS 50TH ANNI- portation Authority, and served as Trustee for VERSARY purposes long after its useful life has become obsolete. the Mo-Kan Teamsters Pension Health and Mr. Speaker, I look forward to working with Welfare Trust Fund. A dedicated family man, HON. ROBERT MENENDEZ my colleagues on both sides of the aisle, the Bob and his lovely wife, Marlene have raised OF NEW JERSEY leadership, and Chairman ARCHER to update eight children and are the proud grandparents IN THE HOUSE OF REPRESENTATIVES the Tax Code to reflect the realities of today's of many future leaders. Thursday, April 13, 2000 technological workplace. Mr. Speaker, on behalf of the constituents of f the 5th District of MissouriÐon behalf of work- Mr. MENENDEZ. Mr. Speaker, today I rec- ing families across AmericaÐI rise today to ognize the Hoboken Little League for the 50 IN HONOR OF ROBERT J. GILLIHAN salute Bob Gillihan. Thank you, Bob, for all years it has provided young people with ac- you have done, and all you continue to add to cess to one of America's greatest athletic tra- HON. KAREN McCARTHY our lives. ditions. Baseball teaches responsibility, team- OF MISSOURI f work, sportsmanship, and nurtures self-es- IN THE HOUSE OF REPRESENTATIVES teem. HONORING THE CROATIAN SONS Fifty years ago, on April 15, 1950, the Little Thursday, April 13, 2000 LODGE NUMBER 170 OF THE CRO- League began its commitment to the young Ms. MCCARTHY of Missouri. Mr. Speaker, ATIAN FRATERNAL UNION people of Hoboken with four teams. This com- today I honor Robert J. Gillihan, president of mitment has grown to 12 teams, with 144 Teamsters Joint Council No. 56. Bob Gillihan HON. PETER J. VISCLOSKY boys and girls between the ages of 9 and 12 is a valued member of the Missouri-Kansas OF INDIANA currently participating in what has become one community and a leading force in the fight for IN THE HOUSE OF REPRESENTATIVES of the finest youth organizations in the coun- workers' rights. try. Since an early age Bob Gillihan has dem- Thursday, April 13, 2000 Of historical importance: In 1972, Maria onstrated his untiring service to his country, Mr. VISCLOSKY. Mr. Speaker, it is my dis- Pepe, the first female to play Little League his community, and his union. Joining the Ma- tinct honor to congratulate the Croatian Sons Baseball, joined the Hoboken Little League. rines in 1949, Bob honorably served our na- Lodge Number 170 of the Croatian Fraternal Maria became the force behind the Supreme tion in Korea. While in the service, Bob dis- Union on the festive occasion of its 93rd Anni- Court's 1974 ruling that gave women the right played not just the courage of his convictions, versary and Golden Member banquet on Sun- to participate in any and all sports. but the persistence and determination nec- day, April 30, 2000. This great youth organization would not essary to lead. His personal and professional This year, the Croatian Fraternal Union will have been possible without the dedication and aspirations found ample expression in boxing's hold their gala event at the Croatian Center in hard work of those who understand the posi- ``sweet science.'' Between the ropes, Bob dis- Merrillville, Indiana. Traditionally, the anniver- tive impact sports have on the lives of our tinguished himself and his service, becoming sary celebration entails a formal recognition of young people. I would like to thank everyone All Service Middleweight Champion. the Union's Golden Members, those who have who has contributed to the growth and con- Following his career in the military, Bob re- achieved fifty years of membership. This tinuation of the Hoboken Little League, espe- turned to the Kansas City area and started year's honorees who have attained fifty years

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.048 pfrm03 PsN: E13PT2 E574 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 of membership include: Helen Marie Benich, flood control dam alone. It is a multi-purpose or savings account. With Direct Payment, indi- Norma Jean Gibson, Rose Marie Gobbie, Ma- project.'' He explained that the Allatoona viduals can pay bills, such as mortgage or tilda Kardos, Edward A. Pishkur, Joan Skonie, Project embraces power production, recre- cable, directly from their accounts. Direct Pay- Katherine Vild, Stanley Warshol, and Sylvia T. ation, reforestation, health and other factors, ment saves time, and guarantees that pay- Wilk. but the prime purpose is flood control. ments will be made on time, every time. No These loyal and dedicated individuals share Construction crews worked 24 hours a day, more buying stamps, looking for mailboxes or this prestigious honor with approximately 300 seven days a week for three and a half years worrying about the payments. Direct Payment additional Lodge members who have pre- to complete the dam. The project was essen- can be used to make a large variety of pay- viously attained this important designation. tially completed and opened for public use in ments, from utility to insurance to brokerage to This memorable day will begin with the Rev- 1950. telephone. erend Father Benedict Benakovich officiating a The Allatoona Dam and Lake Project has Mr. Speaker, I hope that all of my col- morning mass at Saint Joseph the Worker had a direct and extremely positive impact on leagues will join me in supporting Direct De- Catholic Church in Gary, Indiana. The festivi- northeast Georgia. It is an honor to remember posit and Direct Payment Week. These se- ties will be culturally enriched by the perform- and commend the many men and women who cure, efficient and highly confidential payment ance of several Croatian musical groups. The worked to construct this magnificent facility; methods have helped individuals and business Croatian Glee Club, ``Preradovic,'' directed by and who continue to run it in a manner that save time and manage their finances more ef- Brother Dennis Barunica, and the Hoosier benefits millions of Georgians each year. I es- ficiently and securely for more than 25 years. Hrvarti Adult Tamburitza Orchestra, directed pecially commend the U.S. Army Corps of En- And I urge all Americans to recognize the im- by JerrY Banina, will both perform at this gala gineers, Allatoona Project Management Office portance of these valuable financial tools. event. The Croatian Strings Tamburitzans and in Cartersville, Georgia, and wish them well on f Junior Dancers directed by Dennis Barunica, the 50th anniversary of the Allatoona Dam and and the Adult Kolo group, under the direction Lake. IN HONOR OF BAYONNE LITTLE of Elizabeth Kyriakides, will provide additional f LEAGUE BASEBALL INC.’S 50TH entertainment for those in attendance. A for- SEASON ANNIVERSARY mal dinner banquet will conclude the day's IN RECOGNITION OF DIRECT DE- festivities at 3:30 in the afternoon. POSIT AND DIRECT PAYMENT HON. ROBERT MENENDEZ Mr. Speaker, I urge you and my other distin- WEEK OF NEW JERSEY guished colleagues to join me in commending IN THE HOUSE OF REPRESENTATIVES Lodge President Betty Morgavan, and all the HON. THOMAS M. DAVIS Thursday, April 13, 2000 other members of the Croatian Fraternal OF VIRGINIA Union Lodge Number 170, for their loyalty and IN THE HOUSE OF REPRESENTATIVES Mr. MENENDEZ. Mr. Speaker, today I recognize the Bayonne Little League Baseball radiant display of passion for their ethnicity. Thursday, April 13, 2000 The Croatian community has played a key role Inc. for the forty-nine years it has provided in enriching the quality of life and culture of Mr. DAVIS of Virginia. Mr. Speaker, I bring young people with access to one of America's Northwest Indiana. It is my hope that this year to the attention of my colleagues the celebra- greatest athletic traditions. Baseball teaches will bring renewed prosperity for all members tion of Direct Deposit and Direct Payment responsibility, teamwork, sportsmanship, and of the Croatian community and their families. Week, which will be observed around the nurtures self-esteem. f country on May 15±19, 2000. This effort is Forty-nine years ago, on April 15th, 1951, dedicated to educating consumers, busi- the Bayonne Little League Inc. began its com- HONORING THE 50TH ANNIVER- nesses, employers, financial institutions and mitment to the young people of Bayonne when SARY OF THE ALLATOONA DAM billers of all kinds about the importance of Di- W. Vincent Cook, and a handful of associates, AND LAKE PROJECT IN rect Deposit and Direct Payment as financial organized a four-team program. Volunteers CARTERSVILLE, GEORGIA management tools. contacted several merchants who agreed to The Direct Deposit and Direct Payment Co- provide uniforms and equipment for the 90 HON. BOB BARR alition, composed of the Federal Reserve, the youngsters in the league. In 1952, twelve OF GEORGIA National Automated Clearing House Associa- more teams were added to accommodate the IN THE HOUSE OF REPRESENTATIVES tion (NACHA)ÐThe Electronic Payments As- incredible numbers of boys who wanted to sociation, and regional Automated Clearing participate. Thursday, April 13, 2000 House Associations, is celebrating this week The increase in participation led to the build- Mr. BARR of Georgia. Mr. Speaker, it is my to promote the benefits of Direct Deposit and ing of a stadium. The League received assist- distinct honor today to recognize the Allatoona Direct Payment to improve the efficiency of ance building the stadium from William Rosen- Dam and Lake Project in Cartersville, Georgia, the Nation's payments system, to reduce pay- thal, and, as a gesture of its appreciation, the on the occasion of its upcoming 50th anniver- ment risk, and to provide utmost privacy and League named the new stadium in memory of sary. security to users. his son, Lewis Rosenthal. The Allatoona Dam Project was authorized Direct Deposit and Direct Payment, elec- In 1954, the number of Little League teams by the Flood Control Acts of 1941 and 1946, tronic payment methods that allow consumers increased to twenty, and by 1962, the as- to minimize flooding in Rome, Georgia, and and businesses to be paid and to pay bills tounding success of the League led to the es- surrounding areas. automatically, can reduce the Nation's costs tablishment of a program that consisted of 24 On Saturday, June 15, 1946, ground-break- considerably. Our Nation's payments system Major League and 12 Minor League teams. ing ceremonies were held beside the Etowah costs more than that of most other industri- The challenge of expansion and the substan- River at the site where Allatoona Dam stands alized nations. tial financial obligation that went with it was a today. On that day 54 years ago, Georgia Direct Deposit and Direct Payment are two constant challenge for the organization; but Governor Ellis Arnall, Georgia 7th District Con- ``unsung heroes'' of wise financial manage- not once did this prevent the League from gressman Malcolm C. Tarver, and Lt. General ment. Individuals can save effortlessly by ear- successfully providing for the many young Raymond A. Wheeler, Chief of Engineers, marking part of their pay for Direct Payment people who registered to play. U.S. Army, took shovels and pick in hand and into their savings or investment account. Sav- After numerous complications, and an ex- launched a project that took four years to ing for the future and managing finances wise- traordinary fund raising drive by the commu- complete. Representative Tarver was the man ly are important responsibilities. In addition, as nity of Bayonne, the League was able to move most influential in passage of the Flood Con- a less costly and more efficient alternative to to a new stadium in 1965. The decades to fol- trol Act through Congress. In addition, Ala- paper-based systems, Direct Deposit and Di- low demonstrated the same growth that the bama Senator Lister Hill and Congressman Al- rect Payment benefit nearly every consumer first did, and the community of Bayonne never bert Raines of Gadsden, Alabama, assisted and business. wavered in its profound commitment to its with passage of the Act. Think of what our lives would be like without young people and the challenge of Little General Wheeler stated in his address that, Direct Deposit and Direct Payment. Does any- League expansion. ``in the course of our engineering studies and one have time these days to stand in bank This great youth organization would not proposals, we took full cognizance of all uses lines to deposit paychecks every week or two? have been possible without the hard work and of water, even through our primary concern With Direct Deposit, an individual's pay is dedication of Commissioner Gene Klumpp and was flood control. Consequently, this is not a automatically deposited into his/her checking all those who understand the positive impact

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.052 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E575 sports have on our young people. I would like Reverend Hartsfield recently chaired the Nolley. Elder Nolley was singing a song that to thank everyone who has contributed to the capital fund campaign to expand and update Sister Bradley recognized, a song written by growth and continuation of the Bayonne Little Kansas City's Swope Parkway Health Center, Bishop Charles Prince Jones, the founder of League. which provides invaluable assistance to many the Church of Christ Holiness U.S.A. After I ask my colleagues to join me in congratu- people who could not otherwise afford or have several discussions, Sister Bradley opened up lating Bayonne Little League Baseball Inc. on access to quality, state-of-the-art health care. her home on Tuesday, November 25, 1925, its 50th season anniversary. Millions of dollars were raised and the new and Christ Temple Church was born. The ini- f health center stands as a testament to the tial membership consisted of Sister Bradley A TRIBUTE TO REV. DR. WALLACE untiring efforts of committed and dedicated and her family as well as Elder Nolley and his HARTSFIELD people like Reverend Hartsfield. wife, Velma. Reverend Hartsfield has received numerous After much hard work and dedication, land awards including: the One Hundred Most Influ- was purchased at 2472 Pierce Street in Gary. HON. KAREN McCARTHY ential Award from the Kansas City Globe It was here that the church began to flourish. OF MISSOURI newspaper; the Greater Kansas City Image Elder Nolley was returned to the south by the IN THE HOUSE OF REPRESENTATIVES Award presented by the Urban League; the presiding bishop and was replaced with Elder Thursday, April 13, 2000 Minister of the Year Award from the Baptist J.J. Peterson in 1931. Elder Peterson built a Ms. MCCARTHY of Missouri. Mr. Speaker, it Ministers Union of Kansas City; a Public Serv- sanctuary on the lot on Pierce Street, and the is with great pride and respect that I bring to ice Award from the Ad Hoc Group Against congregation began to grow steadily. In June your attention, and to the attention of the Crime; the Role Model for Youth Award from of 1962, the generous Elder Peterson was laid House, the outstanding work and commitment Penn Valley Community College, in Kansas to rest, but his commitment to the church had of Rev. Dr. Wallace Hartsfield for 50 years of City; and a Community Service Award from made a lasting impression on the congrega- preaching to church congregations, serving Kansas City, MO, and then-mayor Richard tion and community. the last thirty four years as pastor of the Met- Berkeley, among others. After Elder Peterson's passing, the church ropolitan Missionary Baptist Church in Kansas Additionally, he was named `One of the Top continued to expand. By September of 1962, City. 50 Ministers in America' by Upscale magazine the membership of the church was beginning Reverend Hartsfield was born in Atlanta, of Atlanta, GA and he received an honorary to outgrow the limited space of the sanctuary. Georgia, November 13, 1929. He was an only Doctor of Divinity degree from both Western The church leadership took the visionary ap- child, raised by his mother, Ruby Morrissatte. Baptist Bible College in Kansas City and also proach by forming a building fund. They pre- After a three year tour of duty in the United from the Virginia Seminary and College of dicted that once the fund had reached States Army, he attended Clark College in At- Lyncher, VA. Further, Reverend Hartsfield is a $100,000 it would be time to build a new place lanta and in 1954 he received a Bachelor of member of the board of directors for the na- of worship. Through the selflessness and gen- Arts degree from Clark College. He received a tional organization of Operation PUSH, and erosity of the membership, their vision came Master of Divinity degree from Gammon Theo- the Morehouse School of Religion in Atlanta, to fruition on January 13, 1980, when they logical Seminary in Atlanta in 1957. His first GA, among others. held their first service at their current location, pastorate was at a Baptist church in Pickens, This weekend in Kansas City, we are cele- 4201 Washington Street, in Gary. South Carolina. brating Reverend Hartsfield's 34th anniversary Under the extraordinary leadership of Reverend Hartsfield is chairman of the Con- as pastor at the Metropolitan Missionary Bap- Bishop O.W. McInnis and Elder Dale Cudjoe, gress of National Black Churches which rep- tist Church in Kansas City, and recognizing all the church members were able to pay off their resents 65,000 churches and 20 million mem- of his critically important work and the leader- new church's mortgage within nine months. bers. Reverend Hartsfield is also chairman of ship he has provided in the community over On September 24, 1989, Elder Cudjoe was the Economic Development Commission of that span of time. He has blessed the lives of appointed pastor of Christ Temple Church of the National Baptist Convention of America, so many. Reverend Hartsfield loves people Christ, the position he holds today. Through Inc.; second vice president of the National and he loves helping people. He has made a his efforts the church has grown both spir- Baptist Convention of America, Inc.; president difference in the city he calls home, Kansas itually and numerically. of the Greater Kansas City Chapter of Oper- City, and we are proud to have him as one of Mr. Speaker, I ask you and my other distin- ation PUSH; and an adjunct professor of the its outstanding citizens. guished colleagues to join me in congratu- Central Baptist Theological Seminary in Kan- Today, Mr. Speaker, I ask that you and our lating the membership of the Christ Temple sas City, KS. colleagues join with me and the congregation Church of Christ (Holiness) U.S.A. as they cel- Reverend Hartsfield is married to Matilda of the Metropolitan Missionary Baptist Church, ebrate their 75th anniversary. From humble Hopkins and on August 28 of this year they the family of Reverend Hartsfield, and the citi- beginnings they have emerged into a thriving will celebrate their 43rd wedding anniversary. zens of Kansas City, MO in congratulating spiritual family. The church's positive impact Reverend and Mrs. Hartsfield are the proud Reverend Hartsfield on his 50th preaching anon Northwest Indiana has been significant dur- parents of four wonderful children: Pamela niversary and for his 34 years of service to his ing the past 75 years. May they enjoy good Faith, Danise Hope, Ruby Love, and Wallace church and his community. fortune for many more years to come. S. Hartsfield, II. f f I have known Reverend Hartsfield over the years through his extensive involvement in the CONGRATULATING CHRIST TEM- GIL ROBB WILSON CIVIL AIR community. He has been a leader in many PLE CHURCH OF CHRIST (HOLI- PATROL AWARD WINNERS worthwhile causes and a wonderful role model NESS) OF GARY, INDIANA for our city's young people. HON. BOB BARR His leadership was invaluable, also, in rede- HON. PETER J. VISCLOSKY OF GEORGIA veloping a blighted part of Kansas City when OF INDIANA IN THE HOUSE OF REPRESENTATIVES he led the Baptist Ministers' Union of Kansas IN THE HOUSE OF REPRESENTATIVES City in their efforts to demolish the old St. Jo- Thursday, April 13, 2000 seph's Hospital and replace it with a much- Thursday, April 13, 2000 Mr. BARR of Georgia. Mr. Speaker, it is with needed new shopping center, the Linwood Mr. VISCLOSKY. Mr. Speaker, it is with great pride and admiration that I recognize two Shopping Center. Residents of the city's cen- great pleasure and enthusiasm that I con- outstanding men who have recently been tral core had to travel some distances to buy gratulate Christ Temple Church of Christ (Holi- awarded the highest achievement a Senior groceries, drop off dry cleaning, and have a ness) U.S.A. in Gary, Indiana, as it celebrates Member of the Civil Air Patrol can receive: prescription filled, before the new development its 75th anniversary as a parish on May 3±7, Chaplain LTC Alex Mills and LTC Earl Tillman. became a reality. Reverend Hartsfield suc- 2000. This anniversary is made even more Both these men received the prestigious and cessfully led the charge to secure with suffi- special because a charter member, Brother the award is the Gil Robb Wilson Award. Re- cient investment capital for the project, when Oliver B. Hardy, is able to celebrate with his cipients of the Gil Robb Wilson Award must resources for new development in that area of fellow parishioners. complete all Level V training in the member's the city were scarce. He also was instrumental Christ Temple Church was formed largely specialty tract. The award was instituted in in the construction of a low-income 60-unit through the efforts of two dedicated people. 1964 and was named after the first member housing development, known as Metropolitan Sister Ella Bradley attended a church service and CEO of the Civil Air Patrol, Gil Robb Wil- Homes, in that same geographical area. in Gary, where she met Elder William A. son.

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.055 pfrm03 PsN: E13PT2 E576 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 LTC Mills and LTC Tillman have a com- Conditions for many of the refugees are al- NON–COMMISSIONED AND PETTY bined service record with the Civil Air Patrol of ready dire. There have been food shortages, OFFICER PAY TABLE EQUITY over 64 years. They are members of the along with health and nutrition problems in ACT OF 2000 Rome Composite Squadron, Group 1 Georgia many of the camps. Some reports estimate Wing. LTC Mills has been a member of the that as many as 500 refugees have died from HON. WALTER B. JONES stomach and respiratory ailments. Refugees Civil Air Patrol for over 20 years and serves OF NORTH CAROLINA also continue to face significant obstacles in as chaplain for the Rome Composite Squad- IN THE HOUSE OF REPRESENTATIVES ron, as well as chaplain for Group 1 Head- deciding whether to return. In some areas, Thursday, April 13, 2000 quarters, Georgia Wing. LTC Tillman has been refugees continue to be subjected to intimi- a member of the Civil Air Patrol for 44 years, dation by armed militias and disinformation Mr. JONES of North Carolina. Mr. Speaker, and is currently serving as the Rome Com- campaigns. Refugees are told that conditions today, I am introducing legislation that will pro- posite Check Pilot, Mission Pilot, and Cadet in East Timor are worse than in the camps, vide much needed pay reform for our mid-ca- Orientation Pilot. and that the United Nations is acting as a reer non-commissioned officers and petty offi- Service to their community and to the Civil new colonial occupying force. Other refugees cers. It is my hope this legislation will accom- Air Patrol, are but two examples of what make opposed independence for East Timor, or plish three important steps for the Nation's these two men outstanding citizens of Rome, come from militia or army families, and fear Armed Forces. Georgia. As a member of the Congressional vigilante justice should they return to East First, it will provide mid-career enlisted serv- Squadron of the Civil Air Patrol based in Timor. ice members an increase in their basic pay Washington, D.C. and as their United States Indonesian officials claim, however, that that will nearly match the increases given to Congressman, I want to congratulate LTC they can no longer afford to feed the refu- mid-grade commissioned officers beginning Mills and LTC Tillman for this outstanding gees, that food aid acts as a magnet and pre- July 1, 2000. achievement. vents refugees in West Timor from returning Second, it will work to address the problem f home permanently, claiming that after of retention of qualified and experienced mid- March 31, the refugees should be the sole re- career enlisted noncommissioned and petty of- COSPONSOR THE MCGOVERN- sponsibility of the international community. ficers that the Armed Forces wants to retain. SMITH BILL ON EAST TIMOR ‘‘Given Indonesia’s economic woes, the call Third, in retaining qualified and experienced for international financial support in feeding mid-career enlisted service members, it will HON. JAMES P. McGOVERN and caring for the refugees is understand- help maintain the high-level of personnel read- OF MASSACHSETTS able. We can on donors to make urgently iness enjoyed by the Nation's defense pos- IN THE HOUSE OF REPRESENTATIVES needed assistance available. But an artificial ture. Last year, this Congress in the Fiscal 2000 Thursday, April 13, 2000 deadline helps no one,’’ said Saunders. ‘‘Thousands of refugees are not now in a po- National Defense Authorization Act (NDAA) Mr. MCGOVERN. Mr. Speaker, today I am sition to make a free and informed choice approved a 4.8 percent pay raise for uni- proud to join with my colleague from New Jer- about whether to return. A large part of the formed services personnel, one of the largest sey, Congressman CHRIS SMITH, to introduce problem has been Indonesia’s failure to cre- increases in recent history. It also authorized the East Timor Repatriation and Security Act. ate conditions in which refugees can make a pay reform for certain mid-grade commis- The crisis in East Timor continues, and the genuine choice.’’ sioned officers and mid-career enlisted service Congress needs to respond. Some 100,000 According to aid agencies, the total num- members effective July 1, 2000. While the pay refugees remain trapped in squalid and ber of refugees currently in West Timor is raise itself is a critical step for our military per- theatening conditions inside West Timor. The just under 100,000. Precise figures are not sonnel, the pay adjustment unfortunately will overwhelming majority of these refugees want available because access to the camps and miss its mark in offering equitable reform for to return to their homes in East Timor, but settlements has been limited by harassment mid-grade enlisted noncommissioned officers cannot because the camps are under the con- and intimidation of humanitarian aid work- (NCOs) and petty officers (POs) of the Armed trol of the militias. Militias and elements of the ers by pro-Indonesian militias still domi- Forces in grades E±5, E±6, and E±7. Indonesian army continue cross-border attacks nated in a number of the camps. Many refu- Whereas, most mid-grade commissioned of- into East Timor. Reconstruction continues to gees have also been subjected to months of ficers were to receive a well-deserved pay be a slow and laborious task. disinformation and, often, intimidation by hike on July 1, 2000, mid-career enlisted Our bill maintains the President's suspen- members of the pro-Indonesian military, In- NCOs and POs are targeted for minimal in- sion on military cooperation with the Indo- donesia has recently made some progress in creases. The July 1, 2000 pay reform will pro- nesian Armed Forces until the refugees are combating the intimidation in the camps, vide for adjustments in 15 of 33 mid-grade of- safely repatriated and military attacks against but lack of security and reliable information ficer pay cells, each of which rated increases East Timor are ended. It calls upon the Presi- continue to be imported obstacle to return. greater than 4 percent. On the other hand, of dent to help the safe repatriation of the refu- Aid workers in West Timor estimate that the 33 mid-grade enlisted NCO/PO pay cells, gees and to help rebuild East Timor. And it one-half to two-thirds of the refugees, if only one (1) will receive a raise of 3.5 percent, salutes the members of the U.S. Armed given a free choice, would eventually choose two (2) are being offered a 3.1 percent in- Forces who have participated in the peace- to return to East Timor. crease, one (1) a 2.5 percent hike, and three keeping operation in East Timor. ‘‘Withdrawal of food aid and other humani- (3) at 2.1 percent to 2.3 percent. It doesn't re- I urge my colleagues to cosponsor the tarian assistance should never be used as a quire a mathematician to figure out that the McGovern-Smith bill on East Timor and submit means to pressure refugees into returning enlisted NCOs and POs will be largely left out additional materials into the RECORD. home prematurely’’ said Saunders. ‘‘Return of the equation. EAST TIMORESE REFUGEES FACE NEW THREAT should be voluntary and based on the first Most of the military services are experi- (NEW YORK, March 30, 2000)—Human Rights and informed choice of the refugees them- encing problems either in recruiting and reten- Watch today called on Indonesian authori- selves.’’ tion, or both. One of the major issues con- ties to lift a March 31 deadline on humani- Following the announcement by the fronting enlisted NCOs and POs is whether tarian aid to East Timorese refugees living United Nations on September 4, 1999 that they have enough financial resources to care in West Timor. The Indonesian government for their familyÐparticularly when they are de- has given the refugees, some 100,000 people nearly eighty percent of East Timorese vot- until the end of the month to choose whether ers had rejected continued rule by Indonesia. ployed. Recent surveys indicate that service to go back to East Timor or remain in Indo- East Timor was the site orchestrated may- members are not happy with the pay they're nesia. Indonesia says it will end all delivery hem. In the days and weeks following the an- receiving. Recognizing this problem, the Fleet of food and other assistance as of March 31. nouncement, an estimated seventy percent Reserve Association (FRA), a 75-year-old or- ‘‘Everyone wants a quick resolution of the of homes and buildings across East Timor ganization of career Sailors, Marines, and refugee crisis, but this ultimatum is counter- were destroyed, more than two-thirds of the Coast Guardsmen, prepared a study that dem- productive,’’ said Joe Saunders, deputy Asia population was displaced, and an estimated onstrates the value of basic pay for enlisted director at Human Rights Watch. ‘‘The 250,000 East Timorse fled or were forcibly threatened deadline alone has created panic. NCOs and POs has diminished since the ad- If it is implemented, the cutoff will directly taken, often at gunpoint, across the border vent of the all-volunteer force (AVF). That endanger the lives of tens of thousands of into Indonesian West Timor. To date roughly study, which was distributed to a number of refugees without solving the underlying 150,000 refugees have return to East Timor. House and Senate members on both the problems.’’ Armed Services Committees and Defense

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.059 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E577 Subcommittees and to selected defense and members to balance the family budget and back to back winner of the Golden Eagle military officials, proves the value of basic pay stay in touch with far-away relatives. There Award for Overall Environmental Excellence in for enlisted NCOs and POs has diminished are no restrictions on the use of the com- the ski industry. It was the first skiing company since the advent of the all-volunteer force. puters. and only U.S. business to receive the pres- If Congress doesn't want to face the same For tax purposes, the DATA Act treats the tigious British Airways Tourism for Tomorrow problem of the late 1970s having too few en- Internet access and first $1,260 of the value of Environmental Award. Additionally, the Aspen listed petty officers to get its ships to sea, or a computer and peripheral equipment (e.g., Skiing Company was recognized by the Na- experiencing another shortage of enlisted monitors, printers and keyboards), including tional Environmental Education and Training NCOs for the Army's combat forces, Congress software, and Internet access as a fringe ben- Foundation for its outstanding environmental must address the retention of qualified and ex- efit, not subject to income tax. For the pro- educational programs. perienced mid-career enlisted service mem- gram to qualify, employers have to provide As the award judges for the Golden Eagle bers. This pay reform proposal for E±5's, E± computers to substantially all employees work- Award noted, ``Aspen Skiing Company's pro- 6's and E±7's contained in this legislation will ing in the United States and employees can grams show a wide-range and detailed com- take steps to do just that. receive only one computer within a 36 month mitment to an ecological perspective in every Each E±5 with 8 to 26 years of service time period. area of their business.'' I whole-heartedly would receive a $31 per month increase in If the employer offers a program allowing agree that the Aspen Skiing Company has, basic pay on July 1, 2000. E±6s, in the same employees to purchase an upgraded ``or de- ``without peer, established itself as an industry years would each realize a monthly increase luxe'' model computer, the first $1,260 in value leader in environmentalism.'' of $49, and E±7s a $56 raise each month. is still non-taxable, employees can pay for the But Aspen is not resting on its laurels. The While I believe all of our military should be deluxe version if they choose. Additionally, if Skiing Company continues to develop innova- paid more, this is an important step in the right employees are required to pay a monthly co- tive environmental programs and partnerships direction. payment for the computer, such as the $5 to protect the forests in which it resides and its This bill has the full support of the Nation's monthly responsibility of Ford employees, this commitment to the local community. The eight national enlisted military organizations; payment does not factor into the value of the Aspen Skiing Company has entered into a co- the Air Force Sergeants Association, the En- computer. Let me give you an example of how operative with the Environmental Protection listed Association of the National Guard of the this works. Agency and the Colorado Department of Pub- United States, the Fleet Reserve Association, The 350,000 employees at Ford Motor lic Health and the Environment to develop a the Naval Enlisted Reserve Association, the Company will soon receive a home computer pollution prevention based environmental man- Non Commissioned Officers Association, The which costs $24.95 per month over 36 agement strategy that focuses on energy and waste conservation, and solid waste reduction Retired Enlisted Association, the U.S. Coast months, for a total of $898. The employees to be used as a model for the skiing industry. Guard Chief Petty Officers Association, and pay $5 per month, or $180 over 3 years, for It has developed a Natural Resource Manage- the U.S. Coast Guard Enlisted Association. the computer. Ford pays $19.95 per month for ment Plan to ensure vegetative diversity and These mid-career non-commissioned offi- each employee, or almost $720 over 3 years. wildlife protection on its mountains. The Aspen cers and petty officers are the backbone of The $720 paid by Ford for the computers falls Skiing Company founded the Environment our military. I hope that my colleagues will far below the $1,260 exclusion provided by Foundation, a nonprofit, employee-funded and work with me to recognize that fact and to en- this legislation. This program is available to all directed foundation which awarded more than sure they are provided pay table reform that is employees working for Ford. This includes ev- $120,000 to 34 diverse local environmental both fair and equitable. eryone from the janitor, to the union worker, to groups since its inception, and continues to f the managers, and the Vice Presidents. protect local habitat, ecosystems, and bio- Mr. Speaker, these companies are likely to diversity. DIGITAL DIVIDE ACCESS TO be only the first of many companies to provide TECHNOLOGY ACT (DATA) Aspen Skiing Company continues to be a home computers to their employees. I strongly leader in environmentally sensitive develop- believe this is an important way we, as policy- ment, not only within the ski industry, but all HON. JERRY WELLER makers, can work with corporations to help put industry. Aspen's efforts to reduce the impact OF ILLINOIS more computers into the hands of American it has on the land, and conserve habitat and IN THE HOUSE OF REPRESENTATIVES families and children. This legislation will help resources are exemplified by two of its recent Thursday, April 13, 2000 us close the digital divide and provide digital projects, the Sundeck Restaurant and the opportunities to hundreds of thousands of fam- Mr. WELLER. Mr. Speaker, I am pleased to Cirque Lift. ilies currently without this equipment which is The Sundeck Restaurant, at the top of the join with my colleague, JOHN LEWIS of Geor- rapidly becoming a necessity for survival in mountain is on tract to be a fully certified gia, to introduce H.R. 4274, the Digital Divide the 21st century economy. ``green building.'' The effort began with the Access to Technology Act of 2000 (DATA I look forward to working with these and deconstruction, rather than demolition of the Act). The DATA Act addresses a rather new other employers to continue developing this old building, enabling materials to be salvaged situation which involves employers providing legislation to make it easier for these com- and reused. The new building will utilize the home computers to their employees. puters to be taken home by employees. I also latest ``green'' technology, including energy ef- Over the past couple of months, four major look forward to working with the House Lead- ficient windows, low toxicity paints, and recy- companiesÐFord Motor Company, American ership, Chairman ARCHER, my colleagues on cled and recyclable materials. Airlines, Delta Airlines, and IntelÐhave an- both sides of the aisle, as well as the Adminis- When the Aspen Skiing Company decided nounced programs to provide home computers tration to ensure that this powerful mechanism to construct a new lift above tree line, it recog- to their employees. The question before us is available to close the digital divide is fully uti- nized the sensitivity of this ecosystem and whether employer-provided home computers lized. proceeded accordingly. The construction of should be considered taxable income to the f the Cirque Lift was completed without bull- employees. dozers or mechanized ground equipment. The I believe that the government should not tax RECOGNIZING THE ENVIRON- heavy items for the lift, such as the lift poles these computers and the legislation we are in- MENTAL LEADERSHIP OF THE and concrete, were airlifted by helicopter while troducing today will ensure that these basic ASPEN SKI COMPANY all other supplies were carried up on foot, an computers do not become a tax liability for the astounding task at high elevation that speaks employees. HON. DIANA DeGETTE volumes to the company's commitment to pro- The DATA Act is a digital divide issue and OF COLORADO tecting this delicate ecosystem. The lift itself it represents a powerful partnership between IN THE HOUSE OF REPRESENTATIVES continues that commitment, as it is the State private companies and the government as we Thursday, April 13, 2000 of Colorado's first wind powered ski lift. work to reduce the so-called digital divide and Aspen Skiing Company has also shown create new digital opportunities. These home Mr. DEGETTE. Mr. Speaker, today I recog- leadership in the public realm advocating for computers will be available to employees and nize the Aspen Skiing Company as a leader in the protection of public lands and open their families for work and personal use. Once environmental responsibility. spaces, which are so important to Colorado's in the home, the computers can be used by This is certainly not the first commendation wildlife and the quality of life for all Americans. employees for Internet training, by the children the Aspen Skiing Company has received. In I have no doubt that the Aspen Skiing Com- for homework and research, and other family 1999 alone, the company became the first pany will continue to be a leader in efforts to

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.062 pfrm03 PsN: E13PT2 E578 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 protect the environment. I applaud their ac- every rebound, pretend like it’s the one make teams prepare for more than one complishments. that’s going to win the national champion- thing. We wanted a lot of things in our arse- f ship,’’ Auriemma said. ‘‘The kids have prac- nal. The press was in our pocket all along. ticed that way all year. And the night they Come NCAA tournament time, we went to it TRIBUTE TO THE UNIVERSITY OF had to do it, they did it better than at any because we wanted to be super aggressive. At CONNECTICUT WOMEN HUSKIES— other time of the season.’’ the risk of sounding smart, that was the Associate head coach Chris Dailey agreed. 2000 NCAA WOMEN’S BASKET- plan.’’ ‘‘This was the A game we’ve been waiting ‘‘You don’t use your closer until you need BALL NATIONAL CHAMPIONS for,’’ she said. ‘‘All anybody talks about is him.’’ how talented we are. But if you take a closer UConn ran the table, all right, but who HON. JOHN B. LARSON look, our players are unselfish, they’ve got knew the last ball, the orange one, would be OF CONNECTICUT heart and character, they’ll make sacrifices, a hanger? and they’re willing to put away individual The first national championship of the mil- IN THE HOUSE OF REPRESENTATIVES things to be part of a team. There’s not one lennium may very well be remembered as Thursday, April 13, 2000 pain in the neck in the bunch. That’s the the passing of the guard. UConn brought Mr. LARSON. Mr. Speaker, today I pay trib- story.’’ more fans to Philadelphia than Tennessee Here’s another: Summit was hoisted by her and those fans made more noise. UConn sent ute to the 2000 National Collegiate Athletic own self-confidence. Had she admitted to out more good players than Tennessee and Association (NCAA) Women's Basketball Na- herself that Tennessee would be the second- those players scored way more points. The tional Champions, the University of Con- best team on the floor, she could have put in better team won without breaking stride and necticut Huskies. On Sunday, April 2, the some wrinkles to give UConn problems. She may be the first hard evidence that UConn Husky Women put on what can only be de- could have played Semeka Randall on Bird indeed has a better program than Tennessee. scribed as a 40-minute basketball clinic for to disrupt UConn’s offense. She could have ‘‘You saw tonight what good teams are their opponents, the Tennessee Lady Vols. played a lot of zone to slow the pace of the made of,’’ Auriemma said. ‘‘This team has a Earlier this year, I had the great privilege to game. She could have thrown in a couple of chemistry both on and off the court. This gimmicky defenses. Instead she opted to team is closer than any I’ve had.’’ meet with Geno Auriemma and the team when play UConn straight-up, even down a starter Auriemma proved Thomas Wolfe wrong. they were in town to play Big East Conference in Kristen Clement. You can go home again. rival Georgetown. Their individual accomplish- It was a very, very bad decision. f ments this year, like those of the women play- ‘‘It was an extremely disappointing pering before them, continue to raise the stand- formance by our basketball team and a very A DEPARTMENT OF ENERGY ard for excellence and achievement in wom- painful loss,’’ Summit said. ‘‘I don’t think NUCLEAR WEAPONS FACILITY en's athletics. I would like to congratulate each any of us expected this. Nothing we tried worked. At times, I felt helpless. We played member of the team, Coaches Geno on our heels from the beginning. I hate that HON. JOEL HEFLEY Auriemma and Chris Dailey, Lew Perkins and we got ourselves in this position and OF COLORADO the UCon Athletic Department, and all the fans couldn’t have been more competitive. We’ll IN THE HOUSE OF REPRESENTATIVES and supporters of UConn Women's Basketball look at the film later. No time soon, who made this great victory possible. though.’’ Thursday, April 13, 2000 I can no more eloquently describe these Auriemma spoke of Tennessee’s ‘‘aura’’ Mr. HEFLEY. Mr. Speaker, it is with great achievements than Randy Smith did in his arti- leading up to the game, knowing full well that Connecticut carries one of its own. pleasure that I share with you an update on cle published in the April 3, 2000, edition of ‘‘Do you know how many real adjustments the first-ever scheduled closure of a Depart- the Journal Inquirer titled ``Return of the Native we made?’’ None. They had to adjust to us.’’ ment of Energy (DOE) nuclear weapons facil- is Masterpiece.'' I submit the text of that article That’s not altogether true. Kyra Elzy’s ity. In less than seven years, residents along for the RECORD at this time: presence in Tennessee’s starting lineup be- the Front Range of Colorado will no longer live [From the Journal Inquirer, Apr. 3, 2000] cause of Clement’s injury freed up one in the shadow of Rocky Flats, a 6,500 acre UConn player on defense, in this case, former weapons component manufacturing fa- RETURN OF THE NATIVE IS MASTERPIECE Abrosimova, who doubled down on Michelle (By Randy Smith) Snow in the game’s opening minutes. Snow cility. What once was home to more than 100 PHILADELPHIA.—A couple of minutes after was forced to make reaction passes and tons of plutonium and plutonium byproducts his Connecticut women’s basketball team they’re not that easy, especially if you’re will become history. More than 700 structures won the national championship, coach Geno not accustomed to making them. representing 3.5 million square feet will be de- Auriemma embrace his own triple crown. He Tennessee’s offense looked to be in a con- molished. The two on-site landfills that contrib- hugged his children, his wife, and his moth- stant state of panic, while its defense was uted to soil and groundwater contamination er. There were tears in everybody’s eyes. dissected time and time again by UConn’s will no longer exist. The native had returned to Philadelphia to back door cuts and passes, a la the Princeton Since the early years of the Nuclear Age to play for college basketball’s biggest prize. He men’s team. not only won it, but claimed Tennessee ‘‘They ran back door cuts off the strong the end of the Cold War, Rocky Flats, a mere coach Pat Summitt’s scalp in the process. side and cuts across the middle,’’ Summit 16 miles northwest of Denver, was a manufac- UConn’s 71–52 decision over the Lady Vols said. ‘‘They ran the same two offenses over turing site for plutonium triggers and other nu- was more coronation than competition. and over again. It’s not anything new. We’d clear weapons parts. In 1989, the FBI and the ‘‘A lot of guys who were coaching when I seen it. Everybody got beat. Semeka Randall EPA closed the site due to alleged violations was playing used to tell me I’ll never be any got lost on defense, probably more than any- of environmental law. good as a player and they were right,’’ one, and she’s one of our best defenders. I A joint company headquartered in my dis- Auriemma said. ‘‘So I turned out to be the wanted to play man to try and get something trict has developed a fast-track closure plan, coach of a championship team. It’s kind of going, but I’d have to go back to zone be- funny to come back and they’re all in the cause how many layups do you want to give which DOE fully supports, that shaves dec- stands. They’re happy for me because they them?’’ ades off the original clean-up schedule. Origi- finally saw me win something.’’ If Summit had a white towel, she probably nally expected to take 65 years and cost more There was never a doubt. would have tossed it on the floor midway than $35 billion, the accelerated closure plan Basketball is nowhere near as complicated through the second half. will be completed by 2007 for under $8 billion. as paid analysts try to make it. Do you know UConn employed pressure defense in spots To date great progress has been made at what it takes to win games? Good players. to help cause 26 Tennessee turnovers. Rocky Flats such as cleaning up the majority The rest is rhetoric. ‘‘You don’t use pressure just to steal the It has taken Auriemma the better part of ball,’’ Auriemma said. ‘‘You use it to see how of the top 10 environmental risk areas, includ- a decade to assemble more good players at they handle it and they didn’t handle it all ing the removal of 30 tons of depleted ura- UConn than Summitt has at Tennessee and that great. Had they gone boom, boom, nium. Thousands of liters of plutonium and those good players strutted their stuff Mon- layup, we would have gotten out of it. But uranium solutions have been drained from day night. Shea Ralph, Asjha Jones, and they were struggling.’’ dozens of tanks and stabilized. Most recently, Kelly Schumacher were standouts, but Auriemma’s use of pressure was borderline the weapons research and development facil- Svetlana Abrosimova, Swin Cash, Tamika masterful during UConn’s run through the ity was decontaminated and demolishedÐsix Williams, Sue Bird, and Kennitra Johnson NCAA Tournament. He said it was part of months ahead of schedule. all played pivotal roles. Under the glare of the plan from the beginning. the big spotlight, UConn got something from ‘‘For five months, we made teams prepare Within this decade, all nuclear materials and everybody. for our halfcourt offense and our halfcourt radioactive waste will be shipped to off-site ‘‘I’ve told these kids all year long that defense,’’ he said. ‘‘But we worked on the storage facilities. Environmental remediation every pass we make in practice, every cut, press every day in practice. We wanted to will be completed so that land is available for

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.064 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E579 open space and industrial use and down- tury genocides began on April 24, 1915, when IN HONOR OF DR. NESTOR stream water supplies are protected. More- the rulers of the Ottoman Empire began the CARBONELL-CORTINA FOR HIS over, billions of taxpayer dollars that have systematic and ruthless extermination of the LIFE-LONG COMMITMENT TO been used in the operations, security and Armenian minority in Turkey. By the end of the FREEDOM AND DEMOCRACY cleanup of Rocky Flats can be reallocated to Terror, more than a million Armenian men, similar sites throughout the country. women, and children had been massacred HON. ROBERT MENENDEZ Imagine, after more than 50 years as a top- OF NEW JERSEY secret nuclear weapons facility that contrib- and more than half a million others had been expelled from the homeland that their IN THE HOUSE OF REPRESENTATIVES uted to winning the Cold War, the Rocky Flats Thursday, April 13, 2000 acreage will once again be available to the forebearers had inhabited for three millennia. people of Colorado. Please join me in con- April 24, 1915 is remembered and com- Mr. MENENDEZ. Mr. Speaker, I honor Dr. Nestor Carbonell-Cortina for his life-long com- gratulating the DOE, the State of Colorado, memorated each year by the Armenian com- and the companies involved for this extraor- mitment to freedom and democracy. munity and people of conscience throughout Born in Havana, Cuba, Dr. Carbonell-Cor- dinary effort. the world. The Armenian Genocide is a histor- f tina understood early in his life that the price ical fact. The Republic of Turkey has ada- for freedom is high; that the fight for freedom IN RECOGNITION OF THE mantly refused to acknowledge that the Geno- is long; and that the cost for freedom is often REEDSBURG AREA HIGH SCHOOL cide happened on its soil but the evidence is paid for with the lives of those who never EARTH DAY CELEBRATION irrefutable. knew it. In 1960, shortly after Castro seized control As we enter the Third Millennium of the HON. TAMMY BALDWIN of Cuba, Dr. Carbonell-Cortina was forced to Christian Era, it behooves us to remember. If leave his native land, fleeing the oppressive OF WISCONSIN we ignore the lessons of the Armenian Geno- communist rule imposed by the Castro regime. IN THE HOUSE OF REPRESENTATIVES cide, then we are destined to continue our However, he returned and courageously Thursday, April 13, 2000 stumbles through the long, dark tunnel of end- fought in the Bay of Pigs Invasion, hoping to Ms. BALDWIN. Mr. Speaker, this afternoon, less ethnic-cleansings, genocides, and holo- restore freedom to his homeland. In 1962, Dr. I pay tribute to the Reedsburg Area High causts. Let us, then, remember to remember. Carbonell-Cortina was responsible for the dip- School students and staff for their fantastic lomatic strategy that removed the Castro re- contributions in order to improve their environ- f gime from the Organization of the American ment, enrich their community, and celebrate Estates. Earth Day. SUPPORTING THE BREAST AND With the publication of numerous articles, This year's Earth Day will be the ninth that CERVICAL CANCER TREATMENT essays and speeches, Dr. Carbonell-Cortina the Reedsburg Area High School students and ACT has continued his fight for freedom and his op- staff celebrate by volunteering their time. In position to the Castro regime. Among his previous years they have worked to maintain many publications are: El Espiritu de la trails, clean and restore wilderness areas, and HON. PAUL RYAN Constitucion de 1940; Perfil Historio del IV Presidente de Cuba; Cortina: Tribuno de la plant thousands of trees. With this tireless vol- OF WISCONSIN unteer work they are making Wisconsin a bet- Republica; And the Russians Stayed; y Por La ter place for every citizen. IN THE HOUSE OF REPRESENTATIVES Libertad de Cuba: Una Historia Inconclusa. The students and staff at Reedsburg Area Dr. Carbonell-Cortina graduated from the Thursday, April 13, 2000 High School are also very special because of University of Villanueva in the city of Havana with a law degree, and received his MA from the amazing manner in which they celebrate Mr. RYAN of Wisconsin. Mr. Speaker, I am Earth Day each year. As the Reedsburg stu- Harvard. Currently, he is Vice President of here today to speak in support of H.R. 1070, International Relations for PepsiCo., Inc. dents recently said to me in a letter, they are the Breast and Cervical Cancer Treatment not ``just another high school planting a tree.'' I ask my colleagues to join me in congratu- Act. I believe this bill, which provides coverage The entire high school, including over 900 stu- lating Dr. Nestor Carbonell-Cortina for his cou- dents and staff work together on this day. for low-income women who have been diag- rageous commitment to the pursuit of freedom They also branch out to other communities. nosed with breast or cervical cancer, provides in the face of extraordinary opposition. This year they will send an astounding 26 a logical expansion of early detection efforts f work crews to different locations surrounding throughout the nation. A TRIBUTE TO ROSE KEMP the Reedsburg area! The federal government, through the Center Americans are increasingly learning the for Disease Control and Prevention, currently HON. KAREN McCARTHY benefits of youth service and focusing that provides screening for early detection of OF MISSOURI work in the preservation of our environment. breast and cervical cancer. This bill would pro- IN THE HOUSE OF REPRESENTATIVES The students and staff of Reedsburg Area High School are pioneers in an effort that en- vide the next step by giving states the option Thursday, April 13, 2000 gages and empowers young people while con- of receiving an enhanced match through Med- Ms. MCCARTHY of Missouri. Mr. Speaker, necting them with adults that provide edu- icaid if they choose to offer treatment services today I pay tribute to an outstanding individual cation and guidance. It is an effort that views for women who have been diagnosed with from the State of Missouri. On April 27th, the young people as assets and resources to their breast or cervical cancer during the screening Missouri Women's Council will honor Rose community. They are setting an impressive ex- process. Kemp, Regional Administrator of the Women's ample for all people, young and old, across As a member of the House Budget Com- Bureau, U.S. Department of Labor, with an Wisconsin and the nation. award named on her behalf, the ``Rose Kemp mittee, I offered an amendment, which was f Public Service Award.'' accepted, to provide funding for these services Ms. Rose Kemp was appointed as Regional ARMENIAN GENOCIDE in the Medicaid program. Now that this funding Administrator of the Women's Bureau in 1983. has been set aside, it is time to bring H.R. She is responsible for policy development and SPEECH OF 1070 to the floor. The principles of this bill implementation of workplace issues affecting HON. NANCY PELOSI have been agreed to in the budget, and it is women. In this role, Ms. Kemp has produced OF CALIFORNIA now time to bring the actual bill to the floor for outstanding results by her commitment to pro- IN THE HOUSE OF REPRESENTATIVES a vote. mote the welfare of wage earning women, improve their working conditions, and advance I urge the House to consider this bill before Wednesday, April 12, 2000 their opportunities for profitable employment. Ms. PELOSI. Mr. Speaker, I rise today in- Mother's Day as a statement of our sincere Ms. Kemp serves on numerous boards such memory of the victims of one of history's most commitment to the millions of women in this as the Greater Kansas City Urban League, terrible tragedies, the Armenian Genocide that country who suffer from these diseases. Francis Child Development Institute, and the took place in Turkey between 1915 and 1923. Women's Council at the University of Mis- This antecedent for all subsequent 20th-cen- souriÐKansas City. All have profited from Ms.

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.069 pfrm03 PsN: E13PT2 E580 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 Kemp's expertise. She has been awarded the colleagues know her as a dedicated teacher the 1999±2000 Crystal Apple Award. The ``Kansas City Spirit Award,'' the Department of because she puts so much time into coaching years of hard work they have put forth in Labor's ``The Distinguished Career Service the speech team, serving as a Building Rep- shaping the minds and futures of Northwest Award,'' the YWCA Heart of Gold Award, and resentative, and fighting for the improvement Indiana's young people is a true inspiration to the 100 Most Influential Black Citizens in the of education. us all. Greater Kansas City Area in 1993, 1994, Dennis Keithley teaches Language Arts at f 1996, 1997, and 1998. Ms. Kemp's service Lowell Middle School and has been a teacher IN CELEBRATION OF THE 150TH has benefited all women and been an asset within the Tri-Creek School Corporation for 31 ANNIVERSARY OF CARTERS- for our community. years. Dennis graduated from Lowell High Mr. Speaker, please join me in saluting this School and returned to teach in Lowell where VILLE, GEORGIA courageous, innovative, and inspiring indi- his family has lived for many years. Dennis is vidual, Rose Kemp, as she accepts the first a true champion of his students. He attends HON. BOB BARR ever ``Rose Kemp Public Service Award.'' sporting events, music programs, drama pro- OF GEORGIA f ductions, and graduation exercises in support IN THE HOUSE OF REPRESENTATIVES of the students. Not only does Dennis care Thursday, April 13, 2000 HONORING EIGHT NORTHWEST about his students, he also cares about his INDIANA EDUCATORS Mr. BARR of Georgia. Mr. Speaker, this co-workers. Dennis has worked tirelessly for year, Cartersville, Georgia celebrates its 150th the Tri-Creek Teachers Organization by serv- anniversary. The beautiful city of Cartersville is HON. PETER J. VISCLOSKY ing as its co-president for the last eight years. nestled in the foothills of the North Georgia OF INDIANA Additionally, he has served on the negotiating mountains in Bartow County, about 45 min- IN THE HOUSE OF REPRESENTATIVES team, the high school air quality committee, utes north of Atlanta. The low rolling moun- Thursday, April 13, 2000 the retirement benefits committee, the finance tains, green forest and waters of the Etowah committee, and the teacher's evaluation com- River and Lake Allatoona help to create one of Mr. VISCLOSKY. Mr. Speaker, today I committee. Dennis' dedication to the profession of the most picturesque communities in the state mend eight dedicated teachers from Northwest teaching is exemplary. of Georgia. Indiana who have been voted outstanding Martin Kessler teaches math in the School More impressive even than its geography, is educators by their peers for the 1999±2000 Town of Highland. He has been a dedicated the tremendous spirit of community involve- school year. These individuals, Debra teacher to all of his students for the past 31 ment that is obvious to visitors and long-time Ciochina, Douglas DeLaughter, Brenda years. His sense of humor and teaching style residents alike. To visitors accustomed to the Greene, Dennis Keithley, Martin Kessler, has withstood the test of time. He is an enter- hustle and bustle of big city life a few miles Marilyn Qualls, Martiann Recktenwall and tainer as much as an educator and the kids away, Cartersville and its surrounding area Sharron Thornton, will be presented the Crys- love it! Martin makes learning math fun even provide a welcome change of scenery, peace tal Apple Award at a reception sponsored by for students who have had difficulty in the and attitude. the Indiana State Teachers Association. This past. Through his caring attitude, Martin exhib- The Cartersville we know and love today ex- glorious event will take place at the its a great deal of thoughtfulness towards both ists because of its citizens, past and present, Broadmoor Country Club in Merrillville, Indi- student and teachers. He is involved in the who have shaped its development for the past ana, on Wednesday, May 3, 2000. local Indiana Teacher's Association and al- 15 decades. Before the War Between the Debra Ciochina, from Crown Point Commu- ways supports his fellow teachers with action, States, Cartersville and the surrounding area nity School Corporation, has taught for 30 not just words. was characterized by a predominantly agrarian years. Currently, she teaches at Crown Point Marilyn Qualls from the Lake Central School community, along with substantial iron mining High School, where she has been the assist- Corporation always puts kids first. Throughout and railroad interests. Unfortunately, like many ant director of the Crown Point High School her career as an elementary teacher she has other communities in the South, Cartersville Theater for five years. She also coaches the made personal sacrifices of time and effort to and the surrounding county of Bartow, were Crown Point High School Dance Team. As a make sure each child in her classroom suc- devastated by the war and its immediate after- freelance director, choreographer and per- ceeds. Additionally, as a Building Representa- math. former for community theaters and schools, tive, member of the District Council, and part However, unlike some other areas, the peo- she has written and produced various original of the bargaining team, she has always rep- ple of Cartersville were quick to adapt to productions. Debra not only finds interesting resented the teachers to the best of her ability. changing conditions, and managed to fashion ways to help her English and Speech classes Marilyn is a continuous source of enthusiasm an economically powerful community; coupling learn important concepts, she also makes her for her students and others as well. mining and farming with a thriving industrial students enjoy learning. Her charismatic per- For the past 20 years, Martiann Rectenwall base. Opportunities abounded for the business sonality transfers enthusiasm for her subject has been an asset to the Hanover Community climate, largely because of the work ethic of area to her students. She embraces the idea School Corporation. She creates interesting its people, and its excellent schools. that each of us must find an individual passion and innovative lessons that inspire her stu- Over the decades, Cartersville and Bartow and be true to one's convictions. dents to reach their fullest potential. Martiann County have continued to be a magnet for Douglas DeLaughter is described by his inspires creative thought and promotes higher top-notch businesses; such as Shaw Carpets, peers as an outstandingly professional and level thinking skills in all of her lessons. Her Goodyear Tires, Phoenix Air, Dellinger Man- dedicated teacher. He has taught for 17 years, colleagues know her as a dedicated teacher agement, Emory-Cartersville Medical Center, and is current working within the School Town since she puts so much time into developing Glad Trash Bags, and Anheuser-Bush, to of Munster. Doug has dedicated himself to un- special projects for her students. For Martiann, name a few. Businesses have found derstanding and displaying the aspects of working extra hours or creating new teaching Cartersville to be an ideal community in which being a professional in the field of education. strategies to help her students achieve is not to locate. Tourism is also a major component His enthusiasm and love for education is truly unusual. of the local economy, and of special interest contagious, for Doug inspires those around Sharron Thornton from Lake Central School are Lake Allatoona and the Etowah Indian him to strive for excellence. Doug's commit- Corporation is truly a devoted educator. Mounds; evidence that Native Americans once ment and love for children and their education Throughout her 25 years career at Peifer Ele- lived and thrived in this area. has been seen in the number of hours he de- mentary School, she has trained numerous Numerous leaders in American life, outside votes to his job, the number of committees he student teachers. Her guidance is very impor- of the business sphere, have ties to has taken a leadership role in, and the pro- tant because of her methods of dealing with Cartersville. In addition to giving America con- grams he has instituted. children and academics. She strives to be ap- gressmen and military leaders, Cartersville Brenda Greene has been a role model, in- proachable and communicates well with ad- has given Georgia former Governor Joe Frank spiration and a coach during her 22 years of ministrators, fellow teachers, students and par- Harris and current Georgia Supreme Court teaching. She currently teaches Speech and ents. Her special inner core of education-re- Chief Justice Robert Benham. In sports, base- English in the North Newton School Corpora- lated beliefs and opinions are well received ball and horse racing, greats trace their origin tion. Her commitment to students is obvious. and respected. to Cartersville. Finally, in the literary field, As a professional educator, Brenda works Mr. Speaker, I ask you and my distin- world War I correspondent Corra Harris, and closely with her students during and after guished colleagues to join me in commending humor columnist Bill Arp counted Cartersville school, ensuring that they do their best. Her these outstanding educators on their receipt of as their home.

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.074 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E581 HEALTH CARE PREMIUM PAY CON- In addition, the bill currently before the HONORING THE NORTH PARK MID- VERSION FOR FEDERAL EM- House includes a phase-in period of three DLE SCHOOL BAND FROM PICO PLOYEES AND RETIREES years before the law is changed to allow RIVERA, CALIFORNIA banks to pay interest on commercial checking HON. THOMAS M. DAVIS accounts. While the bill passed in 1998 in- HON. GRACE F. NAPOLITANO OF VIRGINIA cluded a longer transition period than the cur- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES rent version before the House, a transition pe- IN THE HOUSE OF REPRESENTATIVES riod of no less than three years is critical be- Thursday, April 13, 2000 cause the bill will be significantly changing the Thursday, April 13, 2000 Mr. DAVIS of Virginia. Mr. Speaker, today way banks have conducted their relationships Mrs. NAPOLITANO. Mr. Speaker, today I introduced a new piece of legislation that will with their customers. Under current law, banks recognize the outstanding achievements of the help Federal employees and retirees better af- have structured relationships with their busi- North Park Middle School Band from Pico Ri- ford health care. ness customers taking into account the prohi- vera, California. Time and again this forty- The bill, which is titled the Federal Employ- bition against the payment of interest on com- eight member marching band, through the ees Health Insurance Premium Conversion mercial checking accounts. Banks frequently leadership of director Ron Wakefield, concert Act, greatly expands a program already being provide a variety of other services, and a suffi- master Karen Panganiban, drum major utilized by several branches of the federal cient transition period is needed to allow Jannette Aldana, assistant concert master government. Under this bill, all current legisla- banks the opportunity to enter into new rela- Marytza Padilla, and administrative assistant tive branch employees, uniformed service em- tionships with their commercial customers. Lou Diaz, have demonstrated a will, drive, and ployees, and all military and civilian retirees H.R. 4067 provides a three-year transition dedication whose efforts demand our respect and their spouses would be able to have their period, which I strongly urge my colleagues and admiration. health care premiums paid out of their pre-tax who negotiate the Conference Report to re- The North Park Middle School band has earnings. tain. Any shorter period would place an undue performed in parades and concerts in Florida, Mr. Speaker, under this plan, which is al- hardship on current banking customer relation- Hawaii and Mexico, and their accolades en- ready available to judicial branch and postal ships. I understand that House Banking Com- compass more than a hundred sweepstakes employees and will soon be available to all ex- mittee Chairman LEACH is supportive of these awards in parade competition. They were the ecutive branch employees, federal workers provisions, and I urge my colleagues to in- first and are still the only middle school band who have previously struggled to pay their clude these important provisions in any Con- to ever participate in the Pasadena Tour- health care premiums will find that task just a ference Report, and reject any effort to short- nament of Roses Parade. little easier every month. Federal Retirees and en the transition period of three years in the Today, I am overjoyed to announce that their families, many of whom are on a fixed in- bill. these young men and women will be per- come, will also be able to pay their health care forming at the National Band Festival in Car- premiums without spending their entire months f negie Hall on April 21, 2000. It is the only mid- budget. dle school band to have been selected to per- IN HONOR OF JUDGE EDDIE In short, Mr. Speaker, this bill will help fed- form with high school and college bands CORRIGAN OF THE CLEVELAND eral employees compensate for the discrep- throughout the country. Next year, they will be MUNICIPAL HOUSING COURT ancies between their pay and the private sec- performing in Vancouver, British Columbia, tor. It will further help us recognize the con- and the following spring, they will be our am- tributions made by federal retirees and allow HON. DENNIS J. KUCINICH bassadors of music at a concert in St. Paul's them and their families afford health care. OF OHIO Cathedral in England. In closing, I would ask all my colleagues to IN THE HOUSE OF REPRESENTATIVES The awards and honors that have been be- join me in support of this bill, and help get it Thursday, April 13, 2000 stowed upon this amazing group of individuals passed so it can begin helping the people who enkindles in our community a sense of pride need it the most as soon as possible. Mr. KUCINICH. Mr. Speaker, I honor Judge and happiness. These achievements have f Eddie Corrigan who served on the Cleveland been made despite great financial adversities. Municipal Housing Court for eight years in the The student musicians at North Park Middle BUSINESS CHECKING late 1980's and early 1990's. He was a bril- School are a beacon of hope to schools MODERNIZATION ACT liant jurist. throughout the country, because they have After graduating from Yale University, Judge SPEECH OF demonstrated that the arts must be an integral Corrigan served in the Army infantry in the Pa- part of every school curriculum. They are also HON. WALTER B. JONES cific during WWII, where he held the rank of deserving of our highest commendation for OF NORTH CAROLINA lieutenant. He later earned a law degree from their outstanding efforts in raising $80,000 so IN THE HOUSE OF REPRESENTATIVES the Western Reserve Law School in 1949 and that we might enjoy their illustrious perform- opened a law practice in Painesville, Ohio in Tuesday, April 11, 2000 ances. 1950. It is my very great honor to recognize the Mr. JONES of North Carolina. Mr. Speaker, He realized early that people needed to be North Park Middle School Band for their tire- today I support H.R. 4067, the ``Business challenged in order to get the point, and he less efforts, dedication, and commitment. They Checking Modernization Act'' and urge my quickly became a master at this. His wit and are an inspiration to all of us. House colleagues who will be conferees nego- wisdom added a sudden spark to often-routine f tiating with the Senate on this important legis- court proceedings. Quick with a quip, insightful lation, to work for the inclusion of two specific and incredibly perceptive, Judge Corrigan was THE ARMENIAN GENOCIDE provisions in any Conference Report. a true spark plug in the court room. He was Mr. Speaker, H.R. 4067 repeals certain Cleveland's most entertaining legal venue. SPEECH OF banking laws to allow banks to pay interest on Judge Corrigan, who legally changed his given HON. TOM BLILEY commercial checking accounts. The House of name of Edward to Eddie in 1980, saying it OF VIRGINIA Representatives passed very similar legislation sounded more American. His unconventional IN THE HOUSE OF REPRESENTATIVES on October 9, 1998 by a unanimous vote. approach to life was a breath of fresh air to However, that legislation also included a key the city of Cleveland, Ohio and to its Municipal Wednesday, April 12, 2000 provisionÐallowing the Federal Reserve to Housing Court. Judge Corrigan managed to Mr. BLILEY. Mr. Speaker, today in remem- pay interest on ``sterile reserves''. This feature live an extraordinarily full life and raise a won- brance of the Armenian Genocide of 1915± should be added to H.R. 4067 because the bill derful family, including his wife of 33 years, 1923, we protect the memory of the Armenian as currently drafted would establish additional seven children and ten grandchildren, in the Genocide that began over 85 years ago. reservable accounts without providing for the process. He has become a Cleveland icon Throughout my tenure in Congress, I have payment of interest on sterile reserves re- and an inspiration to us all. He will be missed. taken to the floor of the U.S. House of Rep- quired by the Federal Reserve for those ac- I ask you, fellow colleagues, to join me in resentatives to urge my colleagues to recog- counts. In effect, the bill imposes new costs honoring this unique and brilliant man, Judge nize the genocide of the Armenian people at on banks without providing a way to offset Eddie Corrigan of the Cleveland Municipal the hands of the Ottoman Turks. I continue those new expenses. Housing Court. that tradition again.

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.081 pfrm03 PsN: E13PT2 E582 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 In the shadow of World War I, the Ottoman to strengthen and internationalize institutions The U.S. share of the market of students Turk Government embarked on a plan to sys- of higher learning in the United States and studying abroad from throughout the world tematically eliminate the Armenian people abroad. is shrinking. Many European countries, as well as Australia and New Zealand, are ac- from their ancestral homeland. The Armenian Mr. Speaker, as the economy of the United States is increasingly integrated into the global tively recruiting those students. In initi- men who had answered the call to join their ating a push to have universities in the country's armed forces were isolated and shot. economy, as our communications are increas- United Kingdom educate a 25 percent share On orders from the central government, Turk- ingly instantaneous throughout the world, and of that market, Prime Minister Tony Blair ish soldiers rampaged from town to town, bru- as our national security, health, and well-being said as recently as last June: ‘‘People who talizing and butchering the remaining Arme- are increasingly affected by events thousands are educated here have a lasting tie to our nian population. Women and children were of miles from our shores, the importance of country. They promote Britain around the then forced on a death-march into the Syrian international education and understanding world, helping our trade and our diplomacy. It is easier for our executives and our dip- desert. By the end of the war, the Ottoman cannot be underestimated. In this increasingly interconnected world, the role and importance lomats to do business with people familiar Turks had been successful in exterminating 2 with Britain.’’ of the IIE likewise has become much more im- out of every 3 Armenians. A million and a half By the same token, those who have studied Armenians had perished at the hands of the portant. here have observed an open democratic sys- Ottoman Turks. Mr. Speaker, at the luncheon awards cere- tem of government, have experienced the Henry Morgenthau, Sr., then United States mony today here on Capitol Hill, Dr. Henry freedoms we take for granted, have perfected Ambassador to Turkey, wrote: Kaufman, the Chairman of the Board of the In- their English language skills and have stitute of International Education made out- learned of the economic potential of our I am confident that the whole history of country as a trading partner. Their perspec- the human race contains no such horrible standing remarks about the importance of tives are informed by their personal experi- episode as this. The great massacres and per- international education for our nation's econ- ence of American values and the American secutions of the past seem almost insignifi- omy and for our continued leadership in the way of life. They have an understanding and cant when compared to the sufferings of the world. Dr. Kaufman had a distinguished career appreciation of the United States that can Armenian race in 1915. spanning a quarter century at Salmon Broth- come only from living here. It was only 20 years later that Adolf Hitler ers, where he was Vice-Chairman of Solomon, Inc. After leaving that firm, he established asked rhetorically, `Who remembers the Arme- f nians?' as he began his master plan to annihi- Henry Kaufman and Company in 1988. He is late the Jews. Those who fail to remember a widely published author on economic and fi- COMMEMORATING THE ONE YEAR history are condemned to repeat it. nancial issues. In 1989, he became Chairman ANNIVERSARY OF THE TRAGIC The years cannot mute the voice of those of the Board of Trustees of the Institute of ACCIDENT AT THE NAVAL BOMB- Armenian survivors whose individual accounts International Education. ING RANGE IN VIEQUES of savagery combine to form a bedrock of ir- Mr. Speaker, I ask that Dr. Kaufman's par- refutable evidence. Despite the attempts to ticularly important remarks be placed in the ´ hide the records and to distort the facts; de- RECORD, and I urge my colleagues to give HON. CARLOS A. ROMERO-BARCELO spite the world's preoccupation with politics them the serious and thoughtful attention they OF PUERTO RICO deserve. and strategy, the truth of the Armenian geno- IN THE HOUSE OF REPRESENTATIVES cide remains. REMARKS OF DR. HENRY KAUFMAN, CHAIRMAN, INSTITUTE OF INTERNATIONAL EDUCATION, Thursday, April 13, 2000 The Armenian Genocide marked the begin- Â ning of a barbaric practice in the Twentieth APRIL 13, 2000 Mr. ROMERO-BARCELO. Mr. Speaker, al- Century. Now at the beginning of the Twenty- Ladies and Gentlemen: The Board of Trust- most one year ago on April 19, a tragic acci- First Century, it is even more important to re- ees of the Institute of International Edu- cation welcome you to this very special dent at the Vieques bombing range claimed member, and condemn, these horrific crimes gathering here in the Rayburn House Office the life of a civilianÂ employee of the Navy, against humanity. It is for these reasons that Building. We are here today to recognize the David Sanes Rodrõguez. That tragedy brought I ask you to support House Resolution 398. lives of public service of our two recipients to the forefront longstanding concerns for the f of the Stephen P. Duggan Award for Inter- safety, health and welfare of the 9,300 Ameri- national Understanding. cans citizens that reside in Vieques and has THE IMPORTANCE OF INTER- Our two honorees have spent a portion of been the catalyst for discussions nationwide. NATIONAL EDUCATION—RE- their professional lives as educators. Both MARKS OF DR. HENRY KAUF- recognize that the work force for the global On January 31st, 2000, the Department of MAN, CHAIRMAN OF THE INSTI- economy that will be needed in the decades the Navy, the Administration and the Governor TUTE OF INTERNATIONAL EDU- ahead requires an understanding and appre- of Puerto Rico reached an agreement on the ciation of other countries, other peoples and CATION future of the range which formed the basis for other cultures. And both recognize that the Presidential Directives. To underscore international educational exchange is the their support for the agreement, the Secretary HON. TOM LANTOS best way to achieve that. of the Navy, with the approval of the Secretary OF CALIFORNIA Each year, with the support of the Depart- ment of State, the Institute of International of Defense, presented to the Congress legisla- IN THE HOUSE OF REPRESENTATIVES Education conducts research on the inter- tive initiatives that will, first, transfer the Navy Thursday, April 13, 2000 national student mobility. The most recent land on the western end of Vieques to the Mr. LANTOS. Mr. Speaker, the Institute of Open Doors data tells us that last year Commonwealth of Puerto Rico and, second, 114,000 American students pursued some International Education (IIE) held a meeting of seek approval for the transfer of $40 million study abroad. That is less than one percent dollars for economic incentives. its board today here in Washington and also of the students enrolled in our colleges and honored a number of individuals for their con- universities. Most of them studied abroad for With these initiatives, Congress has the op- tributions to international educational and aca- one semester or less, and most in countries portunity to ensure that national security and demic exchanges. The IIE is an independent where English is the native language. military readiness requirements are balanced nonprofit organization which is a resource for IIE believes that we must do better if we with the rights, health, safety, and welfare of educators and academic institutions around are to retain our position of leadership in the American citizens of Vieques, while taking this ever more interdependent world. Many the world. It was established in the United into account their contributions to the national of our own educational institutions are defense. States shortly after the end of World War I to equally committed to assuring that their encourage international education. students have a study abroad experience. We As the sole elected representative of the The Institute is the administrator of the Ful- are discussing with Members of Congress and four million American residents in Puerto Rico bright Program, which is our nation's premier their staffs ways that legislatively we may I support the agreement and am joined by public diplomacy initiative, and it provides be able to establish programs that would fos- Puerto Rico's Legislature,Â Mayor of Vieques, ter student mobility. training and leadership development programs GovernorÂ RosselloÂ andÂ former Governors The 490,000 foreign students studying here Ferre and Hernandez Colon. for public and private sector initiatives. The in the U.S. represent a contribution to our mission of the IIE is to increase the number of economy of some $13 billion. In addition, The past year has been a critical time for all students, scholars, and professionals who they internationalize our campuses by bring- of us and it is my hope, that as we mark this have the opportunity to study, teach and con- ing their own perspectives to issues encoun- significant anniversary, we can move forward duct research outside of their own country and tered in the classroom. together.

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.081 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E583 TAX LIMITATION CONSTITUTIONAL Burks Via was born in Roanoke, VA, June an incisive mind, integrity, common sense, AMENDMENT 7, 1917. He joined the Marine Corps on his and a full measure of compassion. His career birthday in 1938. After the Royal Canadian Air marks a time of great change in San Diego, HON. CASS BALLENGER Force trained him as a pilot, he flew missions from its past as a quiet Navy town, to its OF NORTH CAROLINA in the South PacificÐ207 from American present as a dynamic multicultural high-tech IN THE HOUSE OF REPRESENTATIVES Samoa and 40 from Munda, Bougaineville, community. Thursday, April 13, 2000 and Guadalcanal. He is survived by his wife, Martha Via piloted the first Marine Corps aircraft to Monagan-Hart, his three children, and three Mr. BALLENGER. Mr. Speaker, I am land in Hong Kong after end of World War II. grandchildren. Our thoughts and prayers go pleased to be a cosponsor of the Tax Limita- As the United States worked for post-war out to the family of the late Judge Edward J. tion Amendment 2000 (H.J. Res. 94), intro- peace and stability in Asia, he served with the Schwartz. He will truly be missed. duced by our Republican colleague Rep- First Marine Air Wing in Tsingato, China. f resentative PETE SESSIONS (R±TX). I firmly be- When Chinese Communist forces grew strong- lieve that we need this amendment to insure er, and turned their gun sights to U.S. Ma- CELEBRATION OF THE 35TH ANNI- that, in virtually every circumstance, a tax in- rines, he flew the final missions out of VERSARY OF THE SERVICE crease would require a two-thirds vote in both Chengchun, Mukden, and Peiping. His service CORPS OF RETIRED EXECUTIVES houses of Congress for final adoption. While record with the Fleet Marine Force, Western this is not a new idea, I believe it is a proposal Pacific, from June 1948 to January 1949, in- HON. TOM BLILEY which deserves our attention and that of the cludes salutations for `èxtensive behind the OF VIRGINIA American taxpayers again this year. lines intelligence missions'' against the Com- IN THE HOUSE OF REPRESENTATIVES Despite the best efforts of the Republican- munist forces. Thursday, April 13, 2000 led 106th Congress to reduce taxes and make In 1949, he was transferred to Cherry Point, Mr. BLILEY. Mr. Speaker, today I celebrate the federal tax code fairer for America's hard- NC, the long-time East Coast counterpart to the 35th anniversary of the Service Corps of working citizens, we cannot count on future the El Toro Marine Corps Air Station. After Retired Executives (SCORE) Chapter 12 in Congresses to share our enthusiasm for these duty at the Naval Air Station at Anacostia, Richmond, Virginia, SCORE is a group of ex- reformsÐreforms which are strengthening in- where he was promoted to Major, he began a perienced executives who volunteer their time dividual citizens' economic opportunities and tour in 1953 that took him to El Toro, Hawaii, to help entrepreneurs start up and run a busi- fueling our nation's record economic growth. Japan, and Korea, flying 566 missions. Start- ness. We proposed a tax limitation amendment in ing in 1955, Major Via took charge of transport the fall of 1994 as one component of the Re- Richmond's SCORE Chapter 12 was estab- missions for senior U.S. and NATO military of- lished in April 1965 by the U.S. Small Busi- publican's Contract with America, a list of leg- ficials and diplomats around the world. As Ma- islative objectives which has guided our policy ness Administration. Since then, these elder rine Colonel William L. Beach noted in his eu- statesmen of central Virginia's small business agenda since the Republican takeover of the logy on December 17, 1999, Major Via was House and Senate in 1995. The enactment of community have been a resource for small considered the best VP pilot in the Marine business entrepreneurs, serving as mentors H.J. Res. 94 would represent an insurance Corps and the Navy. In fact, when President policy which this Congress should leave as a and advisors to the small business community. Johnson flew to California to dedicate the Uni- SCORE Chapter 12 volunteers have con- part of our legacy to our citizens. versity of California at Irvine in 1964, the Ma- H.J. Res. 94 not only seeks to make Con- ducted over 30,000 free counseling sessions rine Corps pilot was asked to back up the gress more fiscally responsible, but it would and led business workshops attended by over President's Air Force One pilot. That same instill greater public confidence in the tax sys- 10,000 individuals since its establishment 35 year, Major Burks retired, having logged tem. This result has been endorsed by the Na- years ago. SCORE has made a significant 14,000 flight hours. tional Commission on Economic Growth, contribution to the economic well being and Major Burks served not only his nation, but chaired by former House Member and Repub- quality of life in Richmond. also his family, and his community. His wife, lican Vice Presidential nominee Jack Kemp. I commend the men and women of SCORE Shirley, five children, and seven grandchildren, The amendment would block future major tax Chapter 12 who volunteer their time and ex- survived him. Orange County will miss him. At increases which resemble President Clinton's pertise to improve and foster the growth of Arlington, the nation will honor him. His con- 1993 tax increases for example, a bill which small business in central Virginia. tributions to freedom in Asia, in Europe, and cleared the House by only one extra vote and f around the world, and his service to the Ma- clearly lacked strong bipartisan support. Presi- rine Corps and the nation, merit our apprecia- PERSONAL EXPLANATIONS dent Clinton's tax hikes are haunting many tion and our gratitude in Congress. Americans today, in particular elderly Ameri- f cans in my congressional district. HON. JANICE D. SCHAKOWSKY The bottom line is that the same super-ma- REMEMBERING THE LATE HONOR- OF ILLINOIS jority requirement which is applied to major ABLE EDWARD J. SCHWARTZ IN THE HOUSE OF REPRESENTATIVES decisions like amending the Constitution and Thursday, April 13, 2000 impeaching the President ought to be required Ms. SCHAKOWSKY. Mr. Speaker, during for legislation which would take more money HON. RANDY ‘‘DUKE’’ CUNNINGHAM OF CALIFORNIA rollcall vote No. 56 on H. Con. Res. 288 I was out of our constituents' monthly budgets. unavoidably detained. Had I been present, I f IN THE HOUSE OF REPRESENTATIVES Thursday, April 13, 2000 would have voted `àye''. HONORING MAJOR BURKS A. VIA, During rollcall vote No. 57 on H. Res. 182 USMC Mr. CUNNINGHAM. Mr. Speaker, today I I was unavoidably detained. Had I been honor the late Judge Edward J. Schwartz, who present, I would have voted `àye''. HON. CHRISTOPHER COX in his life brought honor to his country through During rollcall vote No. 58 on Journal I was distinguished public service in the U.S. Navy OF CALIFORNIA unavoidably detained. Had I been present, I and as a judge for the United States District IN THE HOUSE OF REPRESENTATIVES would have voted `àye''. Court for the Southern District of California. During rollcall vote No. 59 on Ordering Pre- Thursday, April 13, 2000 Judge Schwartz graduated from San Fran- vious Question H. Res. 444 I was unavoidably Mr. COX. Mr. Speaker, on April 28, 2000, cisco Law School and practiced for one year detained. Had I been present, I would have Marine Corps Major Burks A. Via will be laid before joining the Navy in 1942. He fought in voted ``nay''. to rest at Arlington National Cemetery. Major both the Pacific and European Theaters of war During rollcall vote No. 60 on Agreeing to Via was a constituent; and the El Toro Marine and was released as a Lieutenant Com- Res. H. Res. 444 I was unavoidably detained. Corps Air Station, where he was based for mander in 1945. He was appointed to the Had I been present, I would have voted ``nay''. many years during his quarter century of mili- bench by President Lyndon Johnson in 1968 During rollcall vote No. 61 on Will House tary service, is of special significance to Or- and became chief judge in 1969 where he Consider S. 1287 I was unavoidably detained. ange County, CA. It is my honor to bring presided over one of the busiest caseloads in Had I been present, I would have voted ``nay''. Major Burks' record to the attention of the the country. During rollcall vote No. 62 on Commit w/In- 106th Congress as the nation prepares to Judge Schwartz possessed the ideal quali- structions S. 1287 I was unavoidably detained. honor him at Arlington. ties of a judgeÐwisdom, intellectual curiosity, Had I been present, I would have voted `àye''.

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.087 pfrm03 PsN: E13PT2 E584 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 During rollcall vote No. 63 on S. 1287 I was Aside from her notable political career, HONORING RICHARD B. HARVEY, unavoidably detained. Had I been present, I Jeanne Simon was also a successful author DISTINGUISHED SERVICE—PRO- would have voted ``nay.'' and an authority and spokesperson on varied FESSOR OF POLITICAL SCIENCE During rollcall vote No. 64 on H. Res. 445 issues from libraries to education to arms con- I was unavoidably detained. Had I been trol. Her diverse and dynamic career was an HON. LUCILLE ROYBAL-ALLARD present, I would have voted ``nay.'' inspiration and her tireless devotion to her OF CALIFORNIA During rollcall vote No. 65 on H.R. 3822 I country and her government will not be forgot- IN THE HOUSE OF REPRESENTATIVES was unavoidably detained. Had I been ten. present, I would have voted `àye.'' Thursday, April 13, 2000 During rollcall vote No. 66 on Journal I was My fellow colleagues, I ask you to join with me in remembering Jeanne Simon, an extraor- Ms. ROYBAL-ALLARD. Mr. Speaker, I am unavoidably detained. Had I been present, I honored today to pay tribute and to congratu- would have voted `àye.'' dinary and passionate woman who will be greatly missed. late Dr. Richard B. Harvey upon retirement During rollcall vote No. 67 on Ordering Pre- from Whittier College. His educational leader- vious Question H. Res. 446 I was unavoidably f ship encouraged countless young students to detained. Had I been present, I would have seek careers in public service. voted ``nay.'' The inspiration that Dr. Harvey brings to the During rollcall vote No. 68 on Agreeing to H. EDWARD W. RHOADS CHAPTER, classroom springs from his commitment to Res. 446 I was unavoidably detained. Had I KOREAN WAR VETERANS ASSO- educating students and his belief in the impor- been present, I would have voted ``nay.'' CIATION During rollcall vote No. 69 on H. Con. Res. tance of the political process. Dr. Harvey has 290 I was unavoidably detained. Had I been been an exceptional educator of our youth. He present, I would have voted ``nay.'' HON. ED PASTOR earned a B.A. degree from Occidental Col- lege, M.A. and Ph.D. degrees from the Univer- During rollcall vote No. 70 on Owens Amdt OF ARIZONA to H. Con. Res. 290 I was unavoidably de- sity of California, Los Angeles. Within the tained. Had I been present, I would have IN THE HOUSE OF REPRESENTATIVES Whittier educational community, Dr. Harvey participated as a Whittier college assistant voted `àye.'' Thursday, April 13, 2000 During rollcall vote No. 71 on DeFazio Amdt dean, a dean of academic affairs and chair of the political science department. In addition to to H. Con. Res. 290 I was unavoidably de- Mr. PASTOR. Mr. Speaker, today I pay trib- tained. Had I been present, I would have his academic pursuits, Dr. Harvey is also an ute to the men and women of the Edward W. author, a cohost on television programs, and voted `àye.'' Rhoads Chapter of the Korean War Veterans During rollcall vote No. 72 on Stenholm a radio commentator, delivering political anal- Association in Tuscon, Arizona, who have ysis of election results. Amdt to H. Con. Res. 290 I was unavoidably joined together to honor those who fought in detained. Had I been present, I would have Mr. Speaker, I ask my colleagues to join me the ``Forgotten War.'' Through personal com- in wishing Dr. Richard Harvey best wishes on voted ``nay.'' mitment, they are working to identify veterans During rollcall vote No. 73 on Sununu Amdt his retirement. His dedication and commitment of the Korean conflict, especially those who to H. Con. Res. 290 I was unavoidably de- to teaching California politics has earned him live in or who served from Pima County, Ari- tained. Had I been present, I would have the respect of our citizens. zona. Their commitment to those who served voted ``nay.'' f During rollcall vote No. 74 on Spratt Amdt to in Korea has encouraged a rebirth of patriot- PERSONAL EXPLANATION H. Con. Res. 290 I was unavoidably detained. ism and pride for Korean War Veterans. All Had I been present, I would have voted `àye.'' branches of the United States Military are wel- During rollcall vote No. 75 on H. Con. Res. come to participate. The only requirement is HON. SAM JOHNSON 290 I was unavoidably detained. Had I been that the veteran served on active duty. OF TEXAS present, I would have voted ``nay.'' The chapter is named for Edward W. IN THE HOUSE OF REPRESENTATIVES f Rhoads, Jr., who was the first casualty of the Thursday, April 13, 2000 Korean War from Pima County. Mr. Rhoads IN HONOR OF JEANNE SIMON was in Company G, 19th Infantry Regiment, Mr. SAM JOHNSON of Texas. Mr. Speaker, 24th Infantry Division. He was captured on due to a scheduling conflict I was unavoidably HON. DENNIS J. KUCINICH July 16, 1950, and died in North Korean POW detained and missed rollcall vote 115. Had I OF OHIO Camp #3. His date of death is listed as De- been present I would have voted `àye'' on IN THE HOUSE OF REPRESENTATIVES cember 31, 1951. He is credited with saving H.R. 4051, Project Exile: The Safe Streets and Thursday, April 13, 2000 the life of one POW during the vicious ``Tiger Neighborhoods Act of 2000. This bill would es- Death March.'' His story of quiet heroism, suf- tablish a grant program that provides incen- Mr. KUCINICH. Mr. Speaker, I rise today to tives for States to enact mandatory minimum pay tribute to Jeanne Simon, the wife of fering and personal sacrifice is one of the many stories that need to be told and remem- sentences for certain firearm offenses. former Senator Paul Simon of Illinois. Jeanne f Simon passed away on February 20th of this bered of our Korean veterans. year. She was not only a gracious and dutiful I applaud the efforts of the members of the TRIBUTE TO MARTY RUBIN politician's wife; Jeanne Simon forged her own Edward W. Rhoads Chapter who have created career as a lawyer, author, politician, and lob- a place where memories and heroic deeds HON. JULIAN C. DIXON byist. can be shared by those who appreciate them OF CALIFORNIA Throughout her full life, Jeanne Simon held most: the men and women who were there. many roles. She was among the first women In addition, they have created a physical HON. LUCILLE ROYBAL-ALLARD to attend law school at Northwestern Univer- place of remembrance, a war memorial, to OF CALIFORNIA sity. She served as an Illinois State Rep- honor all who served during the Korean War. IN THE HOUSE OF REPRESENTATIVES resentative, Chairwoman for the U.S. National The names of the Pima County veterans who Commission on Libraries and Information Thursday, April 13, 2000 gave their lives in Korea will be inscribed on Science, and was a member of the faculty at Mr. DIXON. Mr. Speaker, on behalf of my- the memorial, which will serve as a reminder Southern Illinois University, where she and her self and my colleague Congresswoman LU- of all that duty to and love for one's country husband helped establish the Public Policy In- CILLE ROYBAL-ALLARD, I rise today to pay trib- stitute there. are part of our proud American heritage. ute to Marty Rubin, who after 44 years with After her marriage to fellow Illinois State May America always be protected by indi- the engineering firm of Parsons, Brinckerhoff Representative Paul Simon in 1960, Jeanne viduals like the Korean War Veterans in the Quade & Douglas, Inc., is retiring as Chairman Simon chose not to run for re-election to her Edward W. Rhoads Chapter. In their youth Emeritus with a rich legacy of work on transit, third term as State Representative. Instead, they gave their vitality and innocence to pro- highway, bridge, and other public works she dedicated her time to her husband's cam- tect our nation. Today they continue to give projects across the nation. From his extensive paigns as he was elected State Senator, then their energy and enthusiasm to protect the involvement in the Los Angeles Metro Rail Lieutenant Governor, U.S. Representative, ideals for which our nation stands. May de- System to his engineering guidance on the and finally U.S. Senator in 1984. mocracy always have such champions. Long Beach Blue Line and the Green Line

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.088 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E585 light rail systems, Marty's impact on the infra- ety of other illnesses. These were very heart THE REVEREND DR. ERROL A. structure of Los Angeles has been particularly wrenching stories. HARVEY profound. His friends and associates will gath- Among the New Mexicans who shared their er to honor Marty on April 26 for the crucial testimony is Mr. Jonathan Garcia, who worked ´ role he played in the development of Los An- at Los Alamos National Laboratory for over 16 HON. NYDIA M. VELAZQUEZ geles County's transportation system. years. Mr. Garcia has radiation-induced leu- OF NEW YORK Marty Rubin's vision, energy, and wisdom in kemia. Mr. Garcia has been robbed of his IN THE HOUSE OF REPRESENTATIVES providing project planning, programming, de- health, but not his dignity. signing, managing, engineering, and con- Gene Westerhold worked for over 44 years Thursday, April 13, 2000 structing support are recognized by public cleaning up plutonium and hazardous chemi- Â agencies nationwide. The numerous national Ms. Velazquez. Mr. Speaker, today I recog- cals for Los Alamos National Laboratory. Mr. transportation infrastructure projects outside of nize a man whose faith defined his character Westerhold was told at one point that he was Los Angeles which have benefited from his and whose character is considered a model prohibited from working in certain areas due to expertise include San Francisco BART; the for modern social justice. his high radiation exposures. Yet, when he Honolulu Rapid Transit Program; the Aviation sought information of his exposure history, he Mr. Speaker, Helen Keller once said, ``Char- Parkway in Tucson; the California State Route was told his records were lost, Mr. Westerhold acter cannot be developed in ease and quiet. 91 and State Route 126 Widening projects; is a survivor. Only through experience of trial and suffering the California 1±215 Corridor improvements; can the soul be strengthened, ambition in- Ms. Darleen Ortiz, whose father died of can- the Richmond-Petersburg Turnpike, Virginia; spired, and success achieved.'' the Garden State Parkway, New Jersey; the cer after having spent his life cleaning up toxic Grand Central Parkway; and the New York materials at Los Alamos, is a survivor. Ms. The Reverend Dr. Errol A. Harvey was born Belt Parkway. Hugette Sirgant, a widow of a Los Alamos Na- in the great city of Grand Rapids, Michigan in Marty's peers in the transportation industry tional Laboratory employee, has bravely taken 1943. As the second of four sons born to Fred and public transportation agencies around the on the role and responsibility as an advocate and Elizabeth Harvey, young Errol lived in country recognize Marty Rubin as a man of for both victims and survivors. Grand Rapids until 1965 when he graduated Â from Aquinas College with a degree in history unparalleled integrity. For his efforts to pro- And lastly, Mr. Tomas Archuleta was ex- and political science. mote minority opportunities in engineering posed to beryllium, plutonium, asbestos, sol- throughout southern California, Marty Rubin vents, toxic metals and hazardous chemicals. However, Errol, whose character was has been recognized by the Society of His- Mr. Garcia, Mr. Westerhold, Mr. Archuleta, Ms. shaped at a very early age by the death of his panic Professional Engineers for his leader- Oritz, and Ms. Sirgant are survivors. These dear mother Elizabeth, decided to answer the ship. Among the honors he has received is the brave people have asked for my help in call of his faith and his God. Father Harvey 1998 Milton Pikarsky Distinguished Leadership crafting legislation that would help them. entered Seabury-Western Theological Semi- nary and received a Bachelor's of Divinity de- Award in Transportation from the School of Today, I introduced a piece of legislation gree in 1969. His work as a Catholic Priest Engineering from the City College in New that will be comprehensive. It will deal with all took him from the Trinity Cathedral Church in York. of the injuries that occurred and that were Newark, New Jersey to Dorchester, Massa- Marty Rubin has made an immeasurable talked about at the Los Alamos hearing. It is chusetts to the infamous Bronx in New York. contribution to the improvement of mobility for comprehensive in the sense that it will cover the residents of Los Angeles County and the beryllium; it will cover radiation. It will cover And in every area in which he has lived, generations of residents to follow. We are asbestos, and it will cover the chemicals that worked and taught, Father Harvey has left a proud to call him our friend, and ask our col- these workers were exposed to. legacy of community leadership, social justice leagues in the House to join us in com- Under this legislation, the workers will be and acted as a tireless champion of those who mending this accomplished engineer for his are less fortunate. services to the nation's transportation infra- able to come forward to demonstrate their ex- For instance, while Vicar of St. Andrew's structure and wishing him well in his retire- posure and their illness in a program similar to Church in the Bronx, Father Harvey was in- ment. the Workman's Compensation program that is strumental in building St. Andrew's House, a f in place for the Federal Government. My legislation will also provide that during 75 unit apartment complex for senior citizens THE ATOMIC WORKERS the 120 day period while their claim is pend- and the physically challenged. St. Andrew's COMPENSATION ACT ing, Los Alamos National Laboratory workers House became a beacon in a community long will be able to get health care for their ail- known as one of the poorest areas in New HON. TOM UDALL ments related to their workplace exposures York City and in America. OF NEW MEXICO free of charge at the nearest Veterans Hos- Throughout his life, Father Harvey, armed IN THE HOUSE OF REPRESENTATIVES pital. with the courage of his convictions and the strength of his character, became a pioneer in Thursday, April 13, 2000 And the burden is on the government, because many of these individuals came forward the fight against homelessness, police bru- Mr. UDALL of New Mexico. Mr. Speaker, and talked about how they had worked their tality, labor exploitation and worldwide human today I speak about the issue of worker com- whole life, and they knew they were exposed, rights abuses. He has fought against racial in- pensation. Today, the administration, Sec- but then, when they asked for their records, justice and has been a vocal advocate for retary Richardson, President Clinton, and Vice there were no records. Their records were people with disabilities and those suffering President Gore announced a worker com- lost. So under those circumstances, we clearly from AIDS. pensation program for workers at the national have to put the burden on the Government. Today, Father Harvey continues to serve his laboratories all across this country. Although my bill is specifically directed to adopted home of New York City as a member Workers have worked at these nuclear es- of the Board of Directors of Housing Works, tablishments and plants for many years, and New Mexico, I know there are many other of my colleagues around the country that have Inc, the largest provider of housing and serv- many of them have been injured as a result. ices for people with AIDS. This has been a very sad chapter in the his- this same situation in their districts. They are tory of the United States. The Department now Democrats and Republicans and all areas of And while he has never sought out praise or acknowledges these occupational exposures the United States are affected. So I think this any kind of honor, Father Harvey has been and has decided to turn over a new leaf. I rise is a great issue for us to join together in a bi- honored with such esteemed honors as the today to introduce legislation that deals with partisan way, and I urge my colleagues to Outstanding Service Award from the Council this situation. In New Mexico, about 3 weeks work together to craft a solution to this prob- of Churches of the City of New York and The ago, I attended a hearing in my district where lem at the national level. Reverend Patrick D. Walker Leadership Award workers came forward; they talked about how The reason I think it is so important is that given by the Black Caucus of the Dioceses of patriotic they were. They talked about how these workers were true patriots. They were New York. they were serving their country for many, people that loved their country, cared about And today, we honor Father Harvey one many years, and as a result of their work they their country, and worked for their country at more time. Not with a glowing award or gold believed they came down with cancers, with a critical time for us. We now need to do statue, but with a simple ``Thank You and God beryllium disease, with asbestosis, with a vari- something for them. Bless You Father.''

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.094 pfrm03 PsN: E13PT2 E586 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 DRUG PRICE COMPETITION IN THE iors, expanded insurance coverage for pre- tion camps. In addition to being deprived of WHOLESALE MARKETPLACE scription drugs and the like, the PDMA Rules their homeland, their freedom, and their dig- is a drug pricing issue that is relatively uncom- nity, many Armenians died of starvation, thirst, HON. JO ANN EMERSON plicated, easy to solve and not expensive. and epidemic disease in horrendous con- OF MISSOURI The bill would make minor changes in exist- centration camps. IN THE HOUSE OF REPRESENTATIVES ing language to correct the two problems de- Unfortunately, 85 years after the beginning Thursday, April 13, 2000 scribed above. First, the bill would define an of this terrible period in the history of human- authorized distributor as a wholesaler who ity, the Turkish Government refuses to ac- Mrs. EMERSON. Mr. Speaker, today I am purchases directly from a manufacturer, mak- knowledge the truth about its past. As a mem- introducing legislation that will preserve drug ing the definition self-implementing and remov- ber of the House Armed Services Committee price competition in the wholesale marketing the unfair advantage given to the manufac- and the Armenian Caucus, I have supported place, prevent the destruction of thousands of turer by the regulation. Secondly, the bill will efforts to recognize the Armenian Genocide. I small businesses across America and avoid a add language to the statute which will greatly feel it is imperative that we show respect and possible disruption in the national distribution simplify the detailed sales history requirement remembrance to those victims and encourage of prescription drugs to nursing homes, doc- for most wholesalers. If prescription drugs are Turkey to do the same. By remembering this tors offices, rural clinics, veterinary practices first sold to or through an authorized dis- crime against humanity, we honor those who and other pharmaceutical end users. As befit- tributor, subsequent unauthorized resellers will perished and serve notice on all governments ting such legislation, I am pleased to note that have to provide written certifications of this that such crimes will not be forgotten. this bill has cosponsors from both political par- fact to their customers, but will not have to f ties, a number of different committees and provide the very detailed and unobtainable many different areas of the country. sales history. For any product not first sold to TRIBUTE TO MILTON J. WALLACE, Our objective is to prevent and correct the COMMUNITY HERO unintended consequences to prescription drug or through an authorized distributor, a reseller wholesalers of a Final Rule on the Prescription would have to provide the detailed and com- Drug Marketing Act (PDMA) issued by the plete sales history required by the FDA Rule. HON. CARRIE P. MEEK Food and Drug Administration in December, This would protect consumers against foreign OF FLORIDA 1999. This regulation will require all whole- counterfeits or any drugs which did not enter IN THE HOUSE OF REPRESENTATIVES salers who do not purchase drugs directly the national distribution system directly from Thursday, April 13, 2000 the manufacturer, while eliminating a burden- from a manufacturer to provide their cus- Mrs. MEEK of Florida. Mr. Speaker, I want tomers with a complete and very detailed his- some and expensive paperwork requirement on thousands of small businesses which has to take this opportunity to pay tribute to one of tory of all prior sales of the products all the my community's unsung heroes, Attorney Mil- way back to the original manufacturer. Absent no real health or safety benefit in today's system of drug distribution. ton J. Wallace. On May 10, 2000, 12:00 noon, such sales history, it will be illegal for whole- at the Miami Inter-Continental Hotel the Miami- salers to resell such drugs. But in a true My cosponsors and I invite and encourage Members to add their names to this bill and Dade Affordable Housing Foundation will host ``Catch 22'' fashion, the regulation does not re- its First Annual Housing Heroes Awards quire either the manufacturer or the whole- look forward to its prompt enactment this year. Unless the FDA regulation is reopened and Luncheon to honor him for his many years of saler who buys directly from the manufacturer dedication and service under the aegis of the to provide this sales history to the subsequent significantly modified by the agency, over- turned in court or, as I hope, corrected by this affordable housing movement. wholesaler. In addition, the wholesaler who Born to Mark and Regina Wallace in New does not purchase directly from a manufac- bill, wholesalers will have to start selling off their existing inventories as early as May be- Jersey on December 17, 1935, Milton Wallace turer has no practical way of obtaining all the was the only child who came to grace this lov- FDA required information needed to legally re- cause the products will be unsalable when the ing couple. His family moved to Miami in sell RX drugs. The result of this rule will be regulation goes into effect in December 2000. 1949, and he subsequently attended the Uni- that most small wholesalers will be driven out This forced inventory liquidation will be accom- versity of Miami, obtaining his bachelor's de- of business. The FDA has estimated that there panied by an absence of new orders by thou- gree in 1956 with summa cum laude, the high- are about 4,000 such secondary wholesalers sands of wholesalers, and the result could est distinction awarded to any graduate. In who are small businesses. easily be disruptions in the supply of prescrip- The FDA's Final Rule will also upset the tion drugs to many providers and end users. 1959 he obtained his law degree, and was in- competitive balance between drug manufactur- Let us then move quickly to fix this problem ducted as a member of the Iron ArrowÐthe ers on the one hand and wholesalers and re- and save consumers, taxpayers and thou- august group of Hurricane alumni who have tailers on the other by granting the manufac- sands of small business men and women gone above and beyond the call of duty in up- turers the right to designate which resellers across the land from higher drug prices, po- holding the honor and glory of their Alma are ``authorized'' and which are not, quite tential health problems due to supply interrup- Mater. apart from whether the reseller buys directly tions and significant economic loss and unem- A Certified Public Accountant since 1957, from the manufacturer or not. The original in- ployment. he has also been a Member of the Florida Bar tent of the PDMA was that wholesalers who f since 1959 and a Licensed General Contractor purchase directly from manufacturers be au- in Florida since 1969. Mr. Wallace became a thorized distributors, exempt from the require- THE ARMENIAN GENOCIDE City of Miami Judge from 1961 to 1963, and served as Florida's Assistant Attorney General ment to provide the sales history information SPEECH OF to their customers. However, the FDA's regu- from 1965 to 1970. He moved on to hold the lation has separated the designation of an au- HON. LORETTA SANCHEZ position of General Counsel to the Florida Se- thorized distributor from actual sales of prod- OF CALIFORNIA curities Commission, which soon became the uct, and will allow manufacturers to charge IN THE HOUSE OF REPRESENTATIVES Division of Securities within the office of Comptroller of the State of Florida. higher prices to wholesalers in exchange for Wednesday, April 12, 2000 designating them as authorized distributors. Happily married to his wife Patricia since Drug price competition will also be significantly Ms. SANCHEZ. Mr. Speaker, I am paying 1963, he is blessed with two sons, Mark who reduced if thousands of secondary whole- tribute and joining my colleagues in com- is 32 and Hardy, age 22. While his affiliations salers are driven out of business. The result of memorating the 85th anniversary of the Arme- with many corporations and civic organizations the FDA's regulation will be that consumers nian Genocide. As many of you know, on April are many, Milton Wallace takes ample pride in and taxpayers will pay even higher prices for 24, 1915, a group of 200 Armenian religious, representing the noblest of our community. As prescription drugs. political, and intellectual leaders were arrested a Director and founding member of the Miami- Seems to me that the FDA is protecting the and murdered, marking the beginning of the Dade Affordable Housing foundation, Inc., he drug companies at the expense of the Amer- first genocide of this century. Over the next 8 has resiliently dedicated a major portion of his ican public at a time when these companies years, 1.5 million Armenians were massacred life to making the justice system work on be- must be encouraged to lower their outrageous and over 500,000 survivors were exiled in an half of the less fortunate. prices so that our seniors and others in need attempt to eliminate the Armenian population He wisely chose the challenge of ensuring can afford to pay for their medicine. in the Ottoman Empire. Several were deported home ownership as an affordable and acces- Thus, while the Congress wrestles with dif- from areas as far north as the Black Sea and sible right for countless ordinary citizens who ficult questions regarding drug pricing for sen- as far west as European Turkey to concentra- have done and are doing their fair share in

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.096 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E587 contributing to the good of our community. mothers maiden name, or any personally iden- collected about them by individual reference Long before anyone ever thought of hastening tifiable information to purchase goods or serv- services. With greater access to their own per- the dream of affordable housing into reality, icesÐusually with credit cards. Victims of sonal information, consumers can proactively Milton Wallace was relentless in his creativity identity theft never realize they are victims check their records for evidence of identity and resourcefulness deeply aware of the fact until they receive a bill in the mail, or even theft and uncover other errors. that this project was well worth his effort. His worse, a notice from a collection agency for a The bill also restricts the type of information focus saliently maximized his insight, under- purchase they never made on a credit card in a credit bureau can sell to marketers to your standing and commitment to those who lack their name that they don't even own. name and address only. Currently credit bu- the financial wherewithal to fulfill their wish of While credit issuers have been willing to re- reaus can sell such personally identifiable in- someday owning their dream house. fund fraudulent charges, victims are still faced formation as your social security number or Under his leadership many lives have been with problems of ruined or destroyed credit, mother's maiden name. This sensitive informa- saved and countless families have been ren- the time commitments of redeeming their tion would be treated under this bill like any dered whole because the opportunity of ac- name with multiple credit bureaus and credit other part of the credit report, with its disclo- cessing affordable housing has been expe- issuers, and the fear and anxiety associated sure restricted to businesses needing the data dited. He was the proverbial lone voice in the with knowing that someone is using all of their for extensions of credit, employment applica- wilderness in exposing his righteous indigna- personal information to charge any manner of tions, insurance applications, or other permis- tion over the harrowing difficulties of hard- goods. As a result of identity theft, victims sible purposes. working individuals who just could not cut have been turned down for jobs, mortgages, I am introducing the Identity Theft Preven- through the labyrinth of banking regulations and other important extensions of credit. tion Act with Representative STEVE impacting housing loans that are truly afford- Identity theft is a growing problem. Just look LATOURETTE (R±OH) and twelve other cospon- able. At the same time, he has been forthright at the following statistics: Trans Union credit sors. This bill has been endorsed by Public and forceful in advocating the tenets of equal bureau's fraud victim assistance unit received Citizen and the Privacy Rights Clearinghouse, treatment under the law for the poor who often just 35,235 complaints in 1992 but in 1997 re- and is a companion bill to S. 2328 offered by are unfairly subjected to extensive red-tape ceived 522,922. That's a 1,400 percent in- Senators FEINSTEIN, KYL, and SHELBY. It is my and bureaucracy. To this very day his commit- crease! The Privacy Rights Clearing House hope that the House Banking Committee will ment toward them remains firm. estimates that there will be 400,000 to take up consideration of this bill and that we Accordingly, I will join my community in hon- 500,000 new cases of ID fraud this year and oring him as a genuine leader whose dedica- can soon bring it to the floor for a vote by the the Federal Trade Commission's 1±800 num- entire Congress. tion to affordable housing for all serves as an ber for ID theft receives an average of 400 example of the difference each of us can calls a week from people like my constituent f make on behalf of the less fortunate. Single- Paul LaLiBerte, from Clackamas, Oregon, who handedly he has championed a career-long has been a victim of identity theft twice. One LEGISLATION TO REINFORCE commitment to affordable housing for all of of those thousands of calls stated, ``Someone ANTITRUST LAWS America's families. As the noble gadfly that he is using my name and social security number represents, he is one to goad his colleagues to open credit card accounts. All the accounts HON. DAVID MINGE toward a more hopeful life for our community's are in collections. I had no idea this was hap- ordinary working families. Milton Wallace thor- pening until I applied for a mortgage. Because OF MINNESOTA oughly understands the accouterments of these ``bad'' accounts showed up on my credit IN THE HOUSE OF REPRESENTATIVES power and leadership, sagely exercising them report, I didn't get the mortgage.'' May 18, Thursday, April 13, 2000 alongside the mandate of his conviction and 1999. the wisdom of his knowledge, and focusing his This bill attempts to address these problems Mr. MINGE. Mr. Speaker, following is a energies on the well-being of a community he by empowering consumers and asking credi- summary of my legislation. has learned to love and care for so deeply. tors and credit bureaus to do their part to A bill to reinforce our antitrust laws by fo- His being honored as the recipient of the combat fraud. cusing on three main issues: First Annual Housing Heroes Awards truly For instance, the bill requires that any time (1) Broadening our antitrust laws: Anti- evokes the unequivocal testimony of the re- a creditor receives a change of address form, trust violators should be liable to all injured spect and admiration he enjoys from our com- persons, whether the damages are direct or the creditor send back a confirmation to both indirect. Under current federal law, only di- munity. Milton Wallace indeed exemplifies a the new and the old addresses. That way, if visionary whose courage and perseverance in rect parties have the right to a remedy for a thief attempts to change your billing address antitrust harm. By broadening the scope of the face of overwhelming odds appeal to our so you won't find out about fraudulent persons who can demand reparations for noblest character. This tribute dignifies his role chargesÐyou'll know. harm caused by antitrust violators, without as a community servant par excellence who The bill also requires credit bureaus to in- relying on government bureaucracies to do it gives credence to the generosity and optimism vestigate discrepancies in addresses, to make for them, our antitrust laws can be more ef- in the American spirit. Indeed, he will always sure that the address for the consumer that fective. serve as our indelible reminder of the nobility they have on file is not the address provided (2) Modernizing antitrust enforcement: of commitment and the lasting power of public by the identity thief. This bill increases the maximum fines from $10 million to $100 million to reflect the mag- service. This bill codifies the practice of placing fraud On behalf of a grateful community, I truly nitude of today’s economy and potential alerts on a consumer's credit file and gives the damages from anti-competitive activity. salute him, and I wish him the best! Federal Trade Commission the authority to im- Moreover, megamergers create heavy work- f pose fines against credit issuers that ignore load for the agencies responsible for their ap- INTRODUCTION OF THE IDENTITY the alert. Too many credit issuers are pres- proval. The pre-merger notification filing fee structure is changed to reflect that. THEFT PREVENTION ACT OF 2000 ently ignoring fraud alerts to the detriment of identity theft victims. It also requires that fraud (3) Addressing concentration in agri- alerts are placed on all information reported by business: Growing concentration in food HON. DARLENE HOOLEY a credit bureau, including credit scores. Often processing and distribution has been accom- OF OREGON panied by low farm income and the loss of when a credit score is issued without a full re- IN THE HOUSE OF REPRESENTATIVES thousands of farmers. The weakening bar- port, the fraud alert does not show up. gaining power of farmers and the potential Thursday, April 13, 2000 This legislation also gives consumers more market power of suppliers, processors and Ms. HOOLEY of Oregon. Mr. Speaker, access to the personal information collected other intermediaries has been accompanied today I introduced the bipartisan Identity Theft about them, which is a critical tool in com- by record earnings. Moreover, the benefits of Prevention Act of 2000. Identity theft has be- bating identity theft, by requiring that every low farm prices are not passed on to Amer- come the latest coast to coast crime wave. consumer across the nation have access to ican consumers; food prices are not declin- This bill includes common sense measures one free credit report annually. Currently, six ing. This bill creates a commission to study this troublesome situation. This bill also that will allow consumers to work with credi- StatesÐColorado, Georgia, Massachusetts, clarifies the Packers and Stockyards Act to tors and credit bureaus to combat this growing Maryland, Vermont, and New JerseyÐhave ensure that small producers are not discrimi- problem. such statutes. This act makes one free credit nated against and establishes a senior offi- Identity theft occurs whenever someone report a national requirement. In addition, con- cial position for agriculture at the Antitrust uses your name, social security number, sumers could review the personal information Division of the DOJ.

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.099 pfrm03 PsN: E13PT2 E588 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 THE ARMENIAN GENOCIDE (RDEA), which is an important step in ensur- for all our children. The Reading Deficit Elimi- ing that every American has the ability to read. nation Act is an important step in that direc- SPEECH OF I am also pleased that Senator PAUL COVER- tion. HON. MARTIN T. MEEHAN DELL (R±GA) is introducing an identical bill f OF MASSACHUSETTS today in the Senate. According to statistics from the National As- TRIBUTE TO U.P. LABOR HALL OF IN THE HOUSE OF REPRESENTATIVES sessment of Educational Progress (NAEP), 74 FAME CHIESTER F. SWANSON Wednesday, April 12, 2000 percent of third graders remain poor readers Mr. MEEHAN. Mr. Speaker, I rise to com- when they reach the ninth grade. Overall, 40 HON. BART STUPAK memorate the 85th anniversary of the Arme- percent of fourth-graders are reading at the OF MICHIGAN nian Genocide. The actual date the anniver- ``below basic'' level. The National Adult Lit- IN THE HOUSE OF REPRESENTATIVES sary will be observed is April 24, but I rise eracy Survey, as many as 50 million adults Thursday, April 13, 2000 have only minimal reading skills. This situation today while we are in session to pay my sol- Mr. STUPAK. Mr. Speaker, I pay tribute to is absolutely unacceptable. emn respects to the innocent fallen and add the late Chester F. Swanson, one of that great Yesterday, we passed a resolution in my my words to history's record of one of the breed of dedicated, lifelong union activists who committee to make good on our commitment most terrible tragedies known to mankind. help ensure a good quality of life for the work- to fully fund the Individuals with Disabilities On April 24, 1915, a group of Armenian reli- ing men and women of northern Michigan. I Education Act (IDEA). This legislation is con- gious, political, and intellectual leaders were offer these remarks on the occasion of Ches- sistent with our efforts to provide funding for arrested in the city then known as Constanti- ter's election to the Michigan's Upper Penin- special education. It is estimated that as many nople, taken to the interior of Turkey, and mur- sula Labor Hall of Fame. as 2 million students who are placed in special dered. What followed from there was nothing At age 15 in 1921, Chester began working education are there simply because they less than the systematic deprivation of Arme- for a famed gunmaker in my district, Marble haven't been taught to read. nians living under Ottoman rule of their Arms Corp. in Escanaba, Mich. He retired The National Institute for Child Health and homes, property, freedom, and lives. The trag- from the corporation after 50 years of service, Human Development tells us that 90 percent ic toll of its dark period in world history in- but he returned many times after this retire- to 95 percent of these students could learn to cludes the death of 1.5 million Armenian men, ment to help with the set-up of machines used read and be returned to their regular class- women, and children and the deportation of to make gun sights. rooms if they were given instruction based on 500,00 others. Before their tragic deaths, In 1945 a charter was issued by the United the finding of scientific research. countless Armenian women were subject to Auto Workers for Local 126 at Marble Arms. Just this morning, the National Reading unspeakable cruelties, in the form of sexual Proud that the union had come to his shop, Panel released its report on ``Teaching Chil- abuse and slavery. Chester made the drive across northern Michi- dren to Read,'' in both the Senate and the History is not condemned to repeat itself. gan and took the ferry across the Straits of House. The message we heard confirms what We can prevent future tragedies by acknowl- Mackinac to pick up the charter. He never we have known for years: Teaching children to edging, remembering, and commemorating stopped being a union advocate from that mo- read is essential if they are to be successful yesterday's tragedies. Unfortunately, the Turk- ment on, serving as the local's financial sec- in life. We now have scientific research that ish Government still refuses to admit its in- retary and union steward. shows us the way once again. volvement in the Armenian Genocide, and Although Chester died almost 30 years ago, Based on findings of more than 35 years of even the current U.S. administration has not Mr. Speaker, one can still hear many wonder- research, the Panel reports the following in- fully acknowledged the extent of the wrong- ful stories that paint a picture of a man who gredients of what students need to learn if doing between 1915 and 1923. That is why took joy in each day, who made great friend- they are to read proficiently: we must make our voices heard. History's Phonemic AwarenessÐletters represent ships, who was respected by his co-workers, record must reflect the truth of what the Arme- sounds. even the younger workers who remember him nians experienced: mass murder and geno- Systematic phonics instructionÐa necessary, so fondly. cide. If it does not, only then are we con- but not sufficient, component of learning to Gary Quick, UAW International Representa- demned to a future littered with more in- read. tive for Region 1±D, recalls that when Chester stances of unspeakable wickedness and cru- Reading Fluency±rapid decoding of words, traveled, he called his mother each day, and elty. practiced until it is automatic. when he completed the call he would return to My congressional district contains a large Spelling±accurate spelling, not the invented his group and announce, ``All is fine with and vibrant Armenian-American community, kind. Mum!'' which has contributed so much to the Writing Clearly±which leads to developing Gary also recalls one icy winter nightÐa Merrimack Valley's economic vitality and cul- good reading comprehension skills. black, black night with the temperatures about ture. When today's Armenian-American com- I believe if we are to eliminate the reading 30 below zeroÐwhen the union leadership, in- munity commemorates the Armenian Geno- deficit, then it is necessary for students to be cluding Chester, found itself traveling home cide, they convey the message to the world taught all of these necessary skills. from a meeting about 60 miles away. A side that only the continued vigilance of people of Complimentary to the legislation being intro- trip was required to take one of the members good conscience stands between peaceful duced today is the Literacy Involves Families home in the small community of Rock, a trip human coexistence and another instance of Together (LIFT) Bill, which I am pleased is on back roads with snowbanks higher than the genocide. part of the Reading Deficit Elimination Act. In automobile. Chester wondered aloud if the My respect for my Armenian-American con- addition, Republicans pushed to pass the gang would survive the trip, should they run stituents and for their commitment to remem- Reading Excellence Act, which was signed into trouble. For years afterward, Gary says, bering past tragedy and preventing future trag- into law by the president in 1998. It is helping Chester would be sure to say, ``We made it edy compels me to rise and speak today. It teachers in low-income areas and in schools that cold night to drop off Red in Rock, so I compels me to add my voice to those who where there is a high illiteracy rate to apply guess we will make it wherever . . .'' speak out against hatred and fear. It should the scientific principles of reading instruction in Friends recall that Chester, even at the age compel us all to remember past horrors, lest the classroom. of 90 years young, would eat his three good they happen again. When President John Kennedy launched meals every day, would be ready to stay out f Project Apollo in 1962, and set a goal of send- with the younger fellows until late at night and ing a man to the moon by the end of the dec- would be ready to go again in the morning. READING DEFICIT ELIMINATION ade, all America cheered. That goal was met They recall that Chester never forgot his ACT when Neil Armstrong set foot on the moon in camera for important events, recording friends July of 1969. and sharing the prints, and maintaining a HON. WILLIAM F. GOODLING Our determination to eliminate the reading photo record of area youth participating in OF PENNSYLVANIA deficit is no less challenging than going to the local sports. IN THE HOUSE OF REPRESENTATIVES moon, and it is equally achievable. For the Most of all, Mr. Speaker, friends remember sake of our children, and the future of our na- Chester as a union man, who cared about his Thursday, April 13, 2000 tion, we must not let them down. fellow workers, his community, and who cared Mr. GOODLING. Mr. Speaker, today I intro- I hope we can come together as a nation to about the job he performed with pride for more duced the Reading Deficit Elimination Act cheer on the elimination of the reading deficit than half a century.

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.102 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E589 RECOGNIZING CARLISLE AND recorded for NASA, Disneyland, and a mul- A TRIBUTE TO REPRESENTATIVE MCCORD ELEMENTARY SCHOOLS titude of commercials, television shows, and STEPHEN CHEN movies. The recipient of countless awards, HON. ROBERT B. ADERHOLT Dale has been nominated for a Grammy and HON. GARY L. ACKERMAN OF ALABAMA is enshrined in the Surfing Hall of Fame. OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Beyond his musical talent, Dale is an ac- IN THE HOUSE OF REPRESENTATIVES complished horseman, exotic animal trainer, Thursday, April 13, 2000 Thursday, April 13, 2000 surfer, martial arts expert, archer, and pilot. In Mr. ACKERMAN. Mr. Speaker, I want to call Mr. ADERHOLT. Mr. Speaker, I am proud to addition to his recording and performing ca- to the attention of my colleagues and submit recognize two schools in my district that have reer, Dale has worked tirelessly to clean up for the RECORD an article regarding Rep- been recognized by the U.S. Department of the world's oceans and protect endangered resentative Stephen Chen, who serves as the Education for their achievements as Title I wild animals. He has donated the proceeds of schools. head of the Taipei Cultural and Economic some recordings to the Burn Treatment Center Representative Office in Washington. The arti- These schools, Carlisle Elementary Schools at the University of California. in Boaz, Alabama and McCord Elementary cle, which ran in on April 3 in the New York Dick Dale has not been content to sit back Times, is a fitting tribute to Taiwan's unofficial School in Albertville, Alabama, were selected as a legend. This superb musician and inno- Ambassador, who has worked diligently to for this award through a competitive process vator is still performing and has won over a promote and expand relations between the coordinated and managed by the state edu- whole new generation of fans as well as main- United States and the 22 million citizens of cation agency. The principals of these tained his legion of long time admirers. He al- Taiwan. schools, Ms. Kim Mintz and Mr. Richard Cole ways has time for his devoted fans, often sign- Mr. Speaker, Ambassador Chen is a thor- respectively, deserve this national recognition ing autographs and swapping stories for hours ough professional who has enjoyed a long and for their unwavering dedication to the aca- after his concerts. Dick Dale is an American distinguished life as a career diplomat. He has demic achievement of their students. original and will forever be the King of Surf represented his government all over the world, Title I schools are located in high poverty Guitar. including postings in the Philippines, Brazil, areas and receive funding to improve teacher Argentina and Bolivia. His experience in the training and learning for at-risk children. These f United States also is extensive, during the two schools and the 97 others in the nation past twenty-five years Ambassador Chen that are also receiving these awards, are HONORING ASSISTANT FIRE CHIEF served in Atlanta, Chicago, Los Angeles and schools that have far exceeded expectations; PAUL D. MARTIN, FIREHOUSE he has spent the last three years the Rep- they have truly gone the extra mile to give MAGAZINE’S FIREFIGHTER OF resentative in Washington, D.C. these children a chance to succeed. In turn, THE YEAR Mr. Speaker, I am certain my colleagues these children, supported by their families, would agree that Stephen Chen's charm and have worked hard and set an example for stu- HON. JOHN E. SWEENEY quiet demeanor have served Taiwan well. dents everywhere. Whether meeting Members of Congress in OF NEW YORK The recognition is based on six criteria: op- their offices or Executive Branch officials in a portunity for all children to meet proficient and IN THE HOUSE OF REPRESENTATIVES more neutral setting, Ambassador Chen has advanced levels of performance; professional Thursday, April 13, 2000 always worked to make certain the United development for teachers and administrators; States and Taiwan remain strong friends. Mr. SWEENEY. Mr. Speaker, today I recog- coordination with other programs; curriculum Mr. Speaker, as the article notes, Ambas- nize Firehouse magazine's Firefighter of the development and instruction to support sador Chen is planning to retire shortly. I am Year, Assistant Fire Chief Paul D. Martin of achievement to high standards; partnerships certain all of my colleagues join me in con- Hudson Falls, New York. Assistant Chief Mar- developed among the school, parents, and the gratulating Stephen Chen on a distinguished tin surpassed 101 other firefighters from local community; and three years of success- diplomatic career. We in the Congress are in- across the nation to win the highly coveted ful achievement and testing data. deed fortunate to know him, and we wish him award. His actions remind us that firefighting The awards will be presented on May 2 in well in the years ahead. is one of the most dangerous occupations in Indianapolis at the 2000 International Reading [From the New York Times (on the Web), the United States. Association Conference. Mr. Speaker, I com- Apr. 3, 2000] I salute Assistant Fire Chief Martin, a fire in- mend the faculty, staff, parents, and students PUBLIC LIVES—A DIPLOMATIC OUTSIDER WHO for making these schools such a landmark of vestigator, for his heroic actions in the early LOBBIES INSIDE WASHINGTON achievement in the State of Alabama. morning hours of August 27, 1999. Without re- (By Philip Shenon) gard to personal safety, Assistant Chief Martin f WASHINGTON—AT an embassy that is not executed a daring rescue of an elderly woman an embassy, the ambassador who is not an CELEBRATING DICK DALE, KING trapped in her flame engulfed residence. He ambassador can only imagine what it is like OF THE SURF GUITAR fought heavy flames in the two-story building to be a full-fledged member of Washington’s while pulling the 77 year old resident to safety. diplomatic corps. Assistant Chief Martin suffered second- and ‘‘In the evenings, you attend cocktail par- HON. JERRY LEWIS ties, champagne dances,’’ Stephen Chen said third-degree burns to his face, ears, lower OF CALIFORNIA wistfully of the black-tie world from which back and hip as the intense flames and heat IN THE HOUSE OF REPRESENTATIVES he is largely excluded. ‘‘This is the very rou- ignited his fire-retardant equipment. This per- tine, beautiful picture of the diplomat in a Thursday, April 13, 2000 formance of duty set him apart from all other textbook.’’ Mr. LEWIS of California. Mr. Speaker, today firemen in the nation and earned him the title Mr. Chen, the director of the Taipei Eco- of Firefighter of the Year. nomic and Cultural Representative Office, I celebrate the achievements of Dick Dale, a the de factor embassy here for the govern- resident of Twentynine Palms, California, in The 21-year veteran of fire service, hus- ment of Taiwan, is a charming pariah. the heart of the 40th district. Better known as band, and father of two deserves our highest While he represents the interests of 22 mil- the King of Surf Guitar, Dick Dale is a gifted praise. He is among thousands of firefighters lion of the freest and richest people in Asia, musician who defined a music style in the who lay their lives on the line for our safety the 66-year-old diplomat might as well be in- early 1960s that is still enjoyed by millions of and well-being every day. Upstate New York- visible, at least as far as many of the State ers owe a lasting debt to Assistant Chief Mar- Department’s China experts are concerned. music-lovers the world over. The snubs, Mr. Chen suggested, are an ob- Surf music, which attempts to capture the tin and his firefighting colleagues who sacrifice vious effort to appease Beijing, and they are feeling of riding the waves on a surfboard, so much to protect the lives and property of more than a little unfair to a government was a uniquely American style of music known others. that is only weeks away from a peaceful as the ``California Sound.'' Along with his Mr. Speaker, please join me in congratu- transfer of power from one democratically group, the Del-Tones, Dale composed and relating Assistant Chief Martin on his selection elected leader to another, the first time that corded the first surf record, which lit the fuse as Firefighter of the Year. Please also join me has happened in almost 5,000 years of Chinese history. in 1961 for the national explosion of the surf in recognizing his outstanding courage in the ‘‘There is a kind of unfairness,’’ Mr. Chen music craze. He also helped pioneer the de- face of grave danger and unquestionable dedi- tells a visitor, the wall behind his desk deco- velopment of electronic reverberation and con- cation to duty. He symbolizes America's great- rated with a painting of the delicate blos- cert-quality amplifiers and speakers. Dale has est heroes. soms of the winter plum, Taiwan’s national

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 E:\CR\FM\A13AP8.104 pfrm03 PsN: E13PT2 E590 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 2000 flower. ‘‘We have been a model student for Mr. Chen says his office has an annual tical to pre-1986 law with three exceptions. freedom, democracy and a market econ- budget for lobbying of about $1.2 million an Two of the changes were made in response to omy.’’ contracts with 15 firms. ‘‘They help open a Treasury Department request. The third re- ‘‘We don’t mind if the United States has doors, they make appointments for us,’’ he rapprochement with mainland China—we said. ‘‘But we make the presentations.’’ moved the language dealing with ``service think it’s good to bring the P.R.C. into the Under a 1979 law, Taiwan can continue to connection fees'' primarily because of potential family of civilizations,’’ he says of the Peo- buy American weapons. confusion resulting from the ambiguity of the ple’s Republic of China, which considers Tai- And Mr. Chen has been a frequent visitor term. The sponsors of the legislation were wan to be a renegade province. ‘‘What we ask to Capitol Hill in recent weeks as his govern- concerned that the IRS would use this ambi- is that the interests of Taiwan not be sac- ment seeks Congressional approval for the guity to exclude a portion of what the state rificed.’’ sale of a wish list of sophisticated weapons. regulators consider CIAC. Because the United States has no diplo- ‘‘If we are deprived of basic defensive weap- matic relations with Taiwan and has recog- As part of our efforts, we developed a rev- ons, then of course we are thrown to the enue raiser in cooperation with the industry to nized the Communist government in Beijing wolves,’’ he said. as the sole representative of the people of Mr. Chen is considering a visit to the lair make up any revenue loss due to our legisla- China, Mr. Chen and his staff of nearly 200 of the wolves. After 40 years in the diplo- tion, including the three changes. This rev- are barred from the premises of the State matic service, he is nearing retirement, and enue raiser extended the life, and changed the Department. he is planning a vacation on the mainland, method, for depreciating water utility property They are not invited to diplomatic recep- which is now permitted. tions at the White House, or to most of the from 20-year accelerated to 25-year straight- ‘‘I tell you very frankly, I would like to see dinner parties and glittery balls held at the line depreciation. As consequence of this sac- the Great Wall,’’ he said. ‘‘This belongs to embassies of nations that recognize Beijing. rifice by the industry, our CIAC change made When Taiwanese diplomats want to talk the legacy of China. It has nothing to do a net $274 million contribution toward deficit with Communism.’’ with Clinton administration officials, the reduction. meetings are often held in hotel coffee shops. f It is my belief that the final revenue estimate ‘‘We must meet in a neutral setting, that is the rule,’’ says Mr. Chen, explaining the A BILL TO CLARIFY THE TAX done by the Joint Committee on Taxation on awkward logistics of the job. TREATMENT OF CONTRIBUTIONS the restoration of CIAC included all property Relations with China have been especially IN AID OF CONSTRUCTION treated as CIAC by the industry regulators in- jittery since Taiwan’s election last month of cluding specifically service laterals. In an Oc- the new president, Chen Shui-bian, a former tober 11, 1995 letter to Senator GRASSLEY the democracy activist who long advocated Tai- HON. WALLY HERGER Joint Committee on Taxation provided revenue wan’s independence and whose victory ended OF CALIFORNIA estimates for the CIAC legislation. A footnote half a century of Nationalist rule. On the eve of the election, Chinese leaders IN THE HOUSE OF REPRESENTATIVES in this letter states, ``These estimates have all but warned of an invasion if Mr. Chen and Thursday, April 13, 2000 been revisited to reflect more recent data.'' his party were victorious. Since the election, The industry had only recently supplied the both Mr. Chen and Beijing have softened Mr. HERGER. Mr. Speaker, I am introducing committee with comprehensive data, which re- their rhetoric, and Mr. Chen has recently in- legislation today, along with Mr. MATSUI and flected total CIAC in the industry, including sisted that he sees no need for an independ- Mrs. JOHNSON, to ensure that needless Treas- service laterals. ence declaration. ury regulation does not add unnecessarily to In urge my colleagues to join with us in Stephen Chen, who is not related to the the cost of housing. new president, welcomes the moderated rhet- sponsoring this important legislation in order to The need for this legislation is brought keep the Department of Treasury from further oric from Taiwan’s new government. The about because the Department of Treasury Communist leaders in Beijing, he says, would burdening the American Homeowner. strike only ‘‘ if they should be unnecessarily has issued proposed regulations to provide f provoked.’’ guidance on the definition of CIAC as enacted ‘‘We have been dealing with them for more under the Small Business Job Protection Act APRIL SCHOOL OF THE MONTH than 60 years,’’ he said. ‘‘We knew when they of 1996. Despite the fact that Congress spe- are bluffing, when they are not bluffing. If cifically removed language concerning ``cus- we don’t give them an excuse, I don’t think HON. CAROLYN McCARTHY tomer services fees'' in its amendment in OF NEW YORK they’re going to attack.’’ 1996, the Department added the language Mr. Chen, who was born in the Chinese city IN THE HOUSE OF REPRESENTATIVES back into the proposed regulation specifying of Nanjing, last saw the mainland in 1949, Thursday, April 13, 2000 when his family was on the run from the vic- that such fees are not CIAC. They then de- torious Communist forces of Mao Zedong. fined the term very broadly to include service Mrs. MCCARTHY of New York. Mr. Speak- They fled to Taiwan, his father a diplomat in laterals, which traditionally and under the most er, I have named North Side Elementary the service of the Nationalist leader, Chiang common state law treatment would be consid- School in East Williston as the School of the Kai-shek. ered CIAC. Month in the Fourth Congressional District for His father was assigned to the embassy in Because state regulators require all of the the Philippines when Mr. Chen was 15, and he April 2000. Dr. James F. Newman is the Prin- remained there for more than a decade, at- costs of new connections to be paid up front, cipal of North Side, and Dr. Carolyn S. Harris tending college in Manila, marrying his Chi- these regulations will force water and sewer- is the Superintendent of Schools in the East nese-Filipino high school sweetheart and be- age utilities to collect the federal tax from Williston School District. The school teaches coming fluent in English. homeowners, builders, and small municipali- children in grades Kindergarten through 4. In 1960, he returned to Taiwan and passed ties. Because they collect it up front, the utility North Side Elementary stood out in my mind the foreign service exam. He was first sent to is forced to ``gross up'' the tax by collecting a as an outstanding example of how early edu- Rio de Janeiro, and then to Argentina and tax on the tax on the tax, resulting in an over Bolivia. In 1973, he was named consul general cation is most successful when parents are in- to Atlanta, where he remained until the 55 percent effective tax rate. volved. The school's programs teach our chil- United States severed relations with Taiwan This bill will clarify that water and sewerage dren the true value of education because it and recognized Beijing six years later. service laterals are included in the definition of encourages community participation. Mr. Chen said he can remember sitting in contributions in aid of construction (CIAC). It The North Side Elementary School Commu- his living room in Atlanta, watching the clarifies current law by specifically stating that nity is a close-knit body of parents, teachers, televised announcement by President Carter ``customer service fees'' are CIAC, but main- students, and administrators. Their goal is to that the United States would recognize the tains current treatment of service charges for ensure each child a stable early education Communist government. ‘‘I felt that I was being clobbered,’’ he recalled. ‘‘A baseball stopping and starting service (not CIAC). Be- through an enriched curriculum that keeps the bat on the head.’’ cause this is a clarification of current law, the children excited, and unique programs that ap- ‘‘It seemed very unfair,’’ he continued. ‘‘It effective date for the bill is as if included in the peal to a wide variety of younger children. was as if the United States wanted to reward original legislation (Section 1613(a) of the North Side combines parental involvement a bad guy, the lousy student, and to punish Small Business Job Protection Act of 1996). with exceptional programming. The children the good student. That was my feeling.’’ Mr. MATSUI and Mrs. JOHNSON along with benefit when the community engages them in In the years since, he said, Taiwanese diplomats have learned how to innovate, espe- many of our colleagues here in the chamber, activities that extend beyond the traditional cially in Washington, where they employ worked hard over the course of a number of classroom setting. some of the city’s most powerful lobbyists years to restore the pre-1986 Act tax treat- One of the more popular programs among and retain close ties to many prominent con- ment for water and sewage CIAC. In 1996, we students is Books Alive, where staff and par- servative members of Congress. succeeded in passing legislation. It was iden- ents act out a selection of children's literature

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.108 pfrm03 PsN: E13PT2 April 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E591 in a theater presentation. The Parent-Teacher TRIBAL MATRIARCH CHACON DIES AT 89 on the occasion of the 31st anniversary of his Organization also holds an annual fundraising (By Joe Nelson) heroic mission to Vietnam. dinner with all proceeds going towards grants SAN BERNARDINO—Martha Manuel Chacon ``Hero'' is a term that I do not use lightly. to supplement North Side teaching materials was the backbone of the San Manuel Band of However, ``hero'' is the most fitting word I and special projects. Last year the school es- Serrano Mission Indians—possessing hon- could ever use to describe Paul Johnson and tablished the Deidre Hannafin Writing and esty, strength, leadership, and courage. She men like him, who risked their lives fighting for Publishing Center as a tribute to Hannafin, a was considered a true friend in every sense of our country around the world. the word, family members say. dedicated teacher who died of cancer at the After a lifetime of service to the San As a career military man and Vietnam vet- young age of 32. At the Center, students work Manuel tribe, Chacon died Tuesday at St. eran, Paul Johnson has served our country side by side with their parents and teachers to Bernardino Medical Center in San well, retiring from the U.S. Army in 1985. How- publish a newspaper, classroom writing Bernardino. She was 89. ever, until recently his story was largely un- projects, and this year, a literary magazine. Chacon was the granddaughter of Santos known. Paul Johnson is not the kind of person While stressing the value of traditional sub- Manuel—for whom the tribe is named. who talks about his heroism. Perhaps that jects, students are encouraged to look into Manuel was responsible for saving the tribe during difficult transition times in 1866, selflessness is what has made him a true their creative sides through art, music and na- when settling in one place was a challenge hero. ture programs. The Enriched Integrated Stud- because American Indians routinely were Paul Johnson was only 29 years old when ies Program is one more way that North Side forced to move from one location to another he arrived in Vietnam in the fall of 1968. He attempts to reach each child's strengths. Stu- as land got swallowed up. It was Manuel who never dreamed that his year-long tour there dents attend enrichment activities once a was key in settling the tribe near Highland, would include an episode calling for him to week in order to bring the classroom to life. were it has remained to this day. risk his own life to save 90 U.S. Marines from Class topics have included Ancient Egypt and Chacon helped bring electricity to the res- a certain, fiery death. For such courage, John- ervation in the 1950s and running water to Greece, while the entire school participated in tribal homes in the 1960s. Her leadership son was awarded the Soldier's Medal, one of activities such as Science Day. helped the tribe improve its quality of life the highest honors one can receive from the Long Island students receive a better edu- and plan its future, members said. United States Army. cation thanks to the faculty and teachers of One thing family members said they will April 9, 1969, is a day that Sergeant Paul North Side Elementary School and I am proud remember about Chacon was her strong con- Johnson will never forget. That afternoon, after to name them school of the month for April in nection to Serrano ancestry, culture and safely getting himself and others away from an the Fourth Congressional District of New York. heritage. explosives area, he was approached for as- Chacon’s daughter, Pauline Murillo, 67, remembers the stories her mother told her sistance by a Marine Colonel who said that f when she was a child—part of the American one hundred U.S. Marines were trapped inside a bunker beside an ammunition pad which IN MEMORY OF THE LATE Indian oral tradition. Chacon often would converse with family had caught fire. The Marine Colonel could not MARTHA MANUEL CHACON members in the Cahuilla language. order the Army soldier to assist, but stressed ‘‘We shared the customs. She would call the need to rescue these men. HON. JOE BACA me or I would call her and we would speak Johnson, knowing that the likelihood of sur- Indian,’’ Murillo said. OF CALIFORNIA As a young adult, when jobs were scarce viving such a mission was very slim, made the IN THE HOUSE OF REPRESENTATIVES and she faced extreme poverty, Chacon com- decision to take his personnel carrier and go in anyway, risking his own life in the process. Thursday, April 13, 2000 muted to Los Angeles and spent the work week there as a house cleaner to make ends Although Johnson did not ask any of his men Mr. BACA. Mr. Speaker, it is with sadness meet. She would return to the reservation on to go with him, his driver agreed to undertake that I inform my colleagues of the passing of the weekends to be with her family, Murillo the rescue mission with him. The two of them a great individual, a person who graced our said. made four trips back and forth to the bunker world and the lives of so many people with The time away never negatively impacted that day through the smoke, heat, and flames, Chacon’s relationship with her family, rel- love and compassion. atives said. to rescue 90 men. According to his reports, Martha Manuel Chacon, who passed away ‘‘She was a very strong person. She was each time they picked up a group of men, they on March 28, 2000, was a beloved tribal elder like the backbone to our whole family,’’ said greeted him with tears and shouts of joy. The of the San Manuel Band of Serrano Mission granddaughter Audrey Martinez, who serves day after the ordeal, Johnson drove past the Indians. She was totally dedicated to providing as the tribe’s secretary-treasurer. location of the rescue and there was just a a better way of life for her tribal members as Chacon is survived by her husband, Raoul; burned out hole where the bunker and ammu- well as for future generations of Serranos and children Pauline Murillo, Roy Chacon, Ro- nition dump had once been located. Paul be- wena ‘‘Rena’’ Ramos, Sandy Marquez, Raoul all Native Americans. ‘‘Beanie’’ Chacon Jr., and Carla Rodriguez; 18 lieves that he made the miraculous rescue Mrs. Chacon's legacy will live on forever in grandchildren; 31 great-grandchildren; and that day with the help of God. the many lives she touched during her 89 four great-great grandchildren. The driver who assisted Paul in the rescue years on this Earth. She demonstrated to all of A rosary will be recited at Chacon’s home did not return from Vietnam. He was later us complete and total honesty and strength as on the San Manuel Reservation at 7 p.m. killed in battle, with Johnson near his side. well as leadership and courage. Monday. The funeral will be at 10 a.m. Tues- Johnson is appreciative of accolades he has Martha Manuel Chacon was and remains so day, also at Chacon’s home. received, but remains ever mindful of his Donations in Chacon’s memory can be sent much a tremendous person in our thoughts to: Loma Linda University Children’s Hos- friends and fellow soldiers who gave their lives and in our memories. I appreciate so much pital Foundation, 11234 Anderson Road, in the conflict. Those are the individuals that and will long remember the many good and Room A607, Loma Linda 92354. Johnson believes should be honored and re- positive things she brought into the lives of so f membered. In fact, he flies an American flag many people and to the lives of the people of in his yard in honor of those slain and as a the San Manuel Tribe. HONORING MR. PAUL JOHNSON OF symbol of the freedom he fought so hard to I join with Martha's friends and family mem- SPRINGFIELD, TENNESSEE ON keep. bers in honoring such a truly remarkable and THE OCCASION OF THE 31ST AN- Paul Johnson was recently honored by the outstanding person, someone who gave so NIVERSARY OF HIS HEROIC MIS- Tennessee State Legislature for his bravery much to those she loved. Each of us is better SION TO VIETNAM and courage that April day and for his service and more fortunate for what she unselfishly to this nation. Currently, Paul is employed by gave to us and gave to our world, a world HON. BOB CLEMENT the Robertson County Highway Department made so much brighter and gentler by her life OF TENNESSEE and is very actively involved in community and and her presence. IN THE HOUSE OF REPRESENTATIVES civic affairs. Mr. Speaker, I join with all of those who May we not forget Paul Johnson and those loved Martha Manuel Chacon in extending our Thursday, April 13, 2000 like him, who have fought so bravely, and so prayers, knowing that God's heaven will for- Mr. CLEMENT. Mr. Speaker, today I honor selflessly to ensure our continuing freedom for ever be blessed and graced by her presence. Mr. Paul Johnson of Springfield, Tennessee, this and future generations.

VerDate 142000 05:06 Apr 15, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A13AP8.111 pfrm03 PsN: E13PT2 Thursday, April 13, 2000 Daily Digest

HIGHLIGHTS Senate agreed to the Congressional Budget Conference Report. The House agreed to the conference report on H. Con. Res. 290, Con- gressional Budget Resolution for Fiscal Year 2001. The House passed H.R. 4199, Date Certain Tax Code Replacement Act. The House passed H.R. 3615, Rural Local Broadcast Signal Act. The House passed H.R. 3439, Radio Broadcasting Preservation Act. Senate S. Res. 287, expressing the sense of the Senate re- Chamber Action garding U.S. policy toward Libya. Routine Proceedings, pages S2647–S2815 S. Res. 289, expressing the sense of the Senate re- Measures Introduced: Thirty-nine bills and eight garding the human rights situation in Cuba. resolutions were introduced, as follows: S. S. 2058, to extend filing deadlines for applications 2416–2454, S.J. Res. 45, S. Res. 291–293, and S. for adjustment of status of certain Cuban, Nica- Con. Res. 104–107. Pages S2727±29 raguan, and Haitian nationals. Measures Reported: Reports were made as follows: S. 2366, to amend the Public Health Service Act S. 1778, to provide for equal exchanges of land to revise and extend provisions relating to the Organ around the Cascade Reservoir, with an amendment Procurement Transplantation Network, with an in the nature of a substitute. (S. Rept. No. 106–271) amendment in the nature of a substitute. S. 1946, to amend the National Environmental S. 2367, to amend the Immigration and Nation- Education Act to redesignate that Act as the ‘‘John ality Act to make improvements to, and permanently H. Chafee Environmental Education Act’’, to estab- authorize, the visa waiver pilot program under the lish the John H. Chafee Memorial Fellowship Pro- Act. gram, to extend the programs under that Act, with S. 2370, to designate the Federal Building located amendments. (S. Rept. No. 106–272) at 500 Pearl Street in New York City, New York, S. 311, to authorize the Disabled Veterans’ LIFE as the ‘‘Daniel Patrick Moynihan United States Memorial Foundation to establish a memorial in the Courthouse’’. District of Columbia or its environs, with amend- S. Con. Res. 81, expressing the sense of the Con- ments. (S. Rept. No. 106–273) gress that the Government of the People’s Republic S. 1452, to modernize the requirements under the of China should immediately release Rabiya Kadeer, National Manufactured Housing Construction and her secretary, and her son, and permit them to move Safety Standards of 1974 and to establish a balanced to the United States if they so desire, and with an consensus process for the development, revision, and amended preamble. Page S2426 interpretation of Federal construction and safety Measures Passed: standards for manufactured homes, with an amend- Adjournment Resolution: By 55 yeas to 43 nays ment in the nature of a substitute. (S. Rept. No. (Vote No. 84), Senate agreed to H. Con. Res. 303, 106–274) providing for a conditional adjournment of the H.R. 2412, to designate the Federal building and House of Representatives and a conditional adjourn- United States courthouse located at 1300 South Har- ment or recess of the Senate. Page S2674 rison Street in Fort Wayne, Indiana, as the ‘‘E. Ross Adair Federal Building and United States Court- National Materials Corridor Partnership Act: house’’. Senate passed S. 397, to authorize the Secretary of D370

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 April 13, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D371 Energy to establish a multiagency program to allevi- ington, Montana, and Idaho, after agreeing to a com- ate the problems caused by rapid economic develop- mittee amendment in the nature of a substitute. ment along the United States-Mexico border, par- Pages S2795±96 ticularly those associated with public health and en- Bikini Resettlement and Relocation Act: Senate vironmental security, to support the Materials Cor- passed H.R. 2368, to assist in the resettlement and ridor Partnership Initiative, and to promote energy relocation of the people of Bikini Atoll by amending efficient, environmentally sound economic develop- the terms of the trust fund established during the ment along that border through the development United States administration of the Trust Territory and use of new technology, particularly hazardous of the Pacific Islands, clearing the measure for the waste and materials technology, after agreeing to a President. Page S2796 committee amendment in the nature of a substitute. Pages S2791±92 Utah Land Exchange: Senate passed H.R. 2862, to direct the Secretary of the Interior to release re- Spanish Peaks Wilderness Act: Senate passed S. versionary interests held by the United States in cer- 503, designating certain land in the San Isabel Na- tain parcels of land in Washington County, Utah, to tional Forest in the State of Colorado as the ‘‘Spanish facilitate an anticipated land exchange, clearing the Peaks Wilderness’’, after agreeing to a committee measure for the President. Page S2796 amendment. Pages S2792±93 Utah Land Acquisition: Senate passed H.R. Hawaii Water Resources Reclamation Act: Sen- 2863, to clarify the legal effect on the United States ate passed S. 1694, to direct the Secretary of the In- of the acquisition of a parcel of land in the Red terior to conduct a study on the reclamation and Cliffs Desert Reserve in the State of Utah, clearing reuse of water and wastewater in the State of Hawaii, the measure for the President. Page S2796 after agreeing to a committee amendment. Page S2793 Nevada Land Conveyance: Senate passed S. 408, to direct the Secretary of the Interior to convey a Pacific Northwest Electric Power Planning and former Bureau of Land Management administrative Conservation Act: Senate passed S. 1167, to amend site to the City of Carson City, Nevada, for use as the Pacific Northwest Electric Power Planning and a senior center. Page S2797 Conservation Act to provide for expanding the scope of the Independent Scientific Review Panel, after Surface and Mineral Estates Patent: Senate agreeing to a committee amendment. Page S2793 passed S. 1218, to direct the Secretary of the Interior to issue to the Landusky School District, without Education Land Grant Act: Senate passed H.R. consideration, a patent for the surface and mineral 150, to authorize the Secretary of Agriculture to estates of certain lots, after agreeing to a committee convey National Forest System lands for use for educational purposes, after agreeing to a committee amendment in the nature of a substitute. Page S2797 amendment in the nature of a substitute. Oregon Land Exchange: Senate passed S. 1629, to Pages S2793±95 provide for the exchange of certain land in the State National Historic Preservation Fund: Senate of Oregon, after agreeing to a committee amendment passed H.R. 834, to extend the authorization for the in the nature of a substitute. Pages S2797±98 Historic Preservation Fund and the Advisory Council Alaska Land Restoration: Senate passed H.R. on Historic Preservation, after agreeing to a com- 3090, to amend the Alaska Native Claims Settle- mittee amendment in the nature of a substitute. ment Act to restore certain lands to the Elim Native Page S2795 Corporation, clearing the measure for the President. Elko County, Nevada Cemetery: Senate passed Pages S2798±99 H.R. 1231, to direct the Secretary of Agriculture to Alaska Land Conveyance: Senate passed S. 1797, convey certain National Forest lands to Elko County, to provide for a land conveyance to the City of Nevada, for continued use as a cemetery, clearing the Craig, Alaska, after agreeing to a committee amend- measure for the President. Page S2795 ment in the nature of a substitute. Page S2799 Irrigation Litigation and Restoration Partner- Valles Caldera Preservation Act: Senate passed S. ship Act: Senate passed H.R. 1444, to authorize the 1892, to authorize the acquisition of the Valles Secretary of the Interior to establish a program to Caldera, to provide for an effective land and wildlife plan, design, and construct facilities to mitigate im- management program for this resource within the pacts associated with irrigation system water diver- Department of Agriculture, after agreeing to a com- sions by local governmental entities in the Pacific mittee amendment in the nature of a substitute. Ocean drainage of the States of Oregon, Wash- Pages S2799±S2805

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 D372 CONGRESSIONAL RECORD — DAILY DIGEST April 13, 2000 Castle Rock Ranch Acquisition Act: Senate after agreeing to a committee amendment in the na- passed S. 1705, to direct the Secretary of the Interior ture of a substitute, and the following amendments to enter into land exchanges to acquire from the pri- proposed thereto: Pages S2811±13 vate owner and to convey to the State of Idaho ap- Sessions (for Smith of N.H.) Amendment No. proximately 1,240 acres of land near the City of 3100, to amend the provision extending the author- Rocks National Reserve, Idaho. Page S2807 ity of the Nuclear Regulatory Commission to collect Palace of the Governors Expansion Act: Senate annual charges and modifying the formula for the passed S. 1727, to authorize funding for the expan- charges. Pages S2812±13 sion annex of the historic Palace of the Governors, Sessions (for Smith of N.H.) Amendment No. a public history museum located, and relating to the 3101, to amend the Atomic Energy Act of 1954 to history of Hispanic and Native American culture, in provide the Nuclear Regulatory Commission author- the Southwest, after agreeing to committee amend- ity over former licensees for funding of ments, and the following amendment proposed decommissionings. Pages S2812±13 thereto: Pages S2807±10 Korean War 50th Anniversary: Senate passed Sessions (for Domenici) Amendment No. 3099, in H.J. Res. 86, recognizing the 50th anniversary of the nature of a substitute. Page S2808 the Korean War and the service by members of the Alabama Hydroelectric Project: Senate passed S. Armed Forces during such war, clearing the measure 1836, to extend the deadline for commencement of for the President. Page S2814 construction of a hydroelectric project in the State of Library of Congress Commendation: Senate Alabama. Page S2810 agreed to H. Con. Res. 269, commending the Li- White Clay Creek Wild and Scenic Rivers Sys- brary of Congress and its staff for 200 years of out- tem Act: Senate passed S. 1849, to designate seg- standing service to the Congress and the Nation and ments and tributaries of White Clay Creek, Delaware encouraging the American public to participate in and Pennsylvania, as a component of the National bicentennial activities. Page S2815 Wild and Scenic Rivers System, after agreeing to a Congressional Budget Resolution Conference Re- committee amendment in the nature of a substitute. port: By 50 yeas to 48 nays (Vote No. 85), Senate Pages S2810±11 agreed to the conference report on H. Con. Res. 290, Women’s Rights National Historical Park: Sen- establishing the congressional budget for the United ate passed S. 1910, to amend the Act establishing States Government for fiscal year 2001, revising the Women’s Rights National Historical Park to permit congressional budget for the United States Govern- the Secretary of the Interior to acquire title in fee ment for fiscal year 2000, and setting forth appro- simple to the Hunt House located in Waterloo, New priate budgetary levels for each of fiscal years 2002 York, after agreeing to committee amendments. through 2005. Pages S2674±96 Page S2811 Marriage Tax Penalty Relief Act: Senate continued Lamprey Wild and Scenic River Extension Act: consideration of H.R. 6, to amend the Internal Rev- Senate passed H.R. 1615, to amend the Wild and enue Code of 1986 to eliminate the marriage penalty Scenic Rivers Act to extend the designation of a por- by providing that the income tax rate bracket tion of the Lamprey River in New Hampshire as a amounts, and the amount of the standard deduction, recreational river to include an additional river seg- for joint returns shall be twice the amounts applica- ment, clearing the measure for the President. ble to unmarried individuals, taking action on the Page S2811 following amendment proposed thereto: Pages S2673±74, S2699 Federal Leases for Sodium: Senate passed H.R. Pending: 3063, to amend the Mineral Leasing Act to increase Lott (for Roth) Amendment No. 3090, in the na- the maximum acreage of Federal leases for sodium ture of a substitute. Page S2673 that may be held by an entity in any one State, During consideration of this measure today, Senate clearing the measure for the President. Page S2811 also took the following action: Land Exchange: Senate passed S. 1778, to provide By 53 yeas to 45 nays (Vote No. 82), three-fifths for equal exchanges of land around the Cascade Res- of those Senators duly chosen and sworn, not having ervoir, after agreeing to a committee amendment in voted in the affirmative, Senate failed to agree to the nature of a substitute. Page S2811 close further debate on Amendment No. 3090 (listed NRC Fairness in Funding Act: Senate passed S. above). Page S2673 1627, to extend the authority of the Nuclear Regu- By 53 yeas to 45 nays (Vote No. 83), three-fifths latory Commission to collect fees through 2005, of those Senators duly chosen and sworn, not having

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 April 13, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D373 voted in the affirmative, Senate failed to agree to to Work and Work Incentives Advisory Panel: Larry close further debate on the bill. Page S2674 D. Henderson, of Delaware, for a term of two years, A motion was entered to close further debate on and Stephanie Smith Lee, of Virginia, for a term of H.R. 6 (listed above) and, in accordance with the four years. Page S2815 provisions of Rule XXII of the Standing Rules of the Senate, a vote on the cloture motion will occur Ticket to Work and Work Incentives Advisory Panel: The Chair, on behalf of the Democratic Lead- on Tuesday, April 25, 2000. Page S2699 er, after consultation with the Ranking Member of Victims Rights: Senate began consideration of the the Senate Committee on Finance, pursuant to Pub- motion to proceed to consideration of S.J. Res. 3, lic Law 106–170, announced the appointment of the proposing an amendment to the Constitution of the following individuals to serve as members of the United States to protect the rights of crime victims. Ticket to Work and Work Incentives Advisory Page S2696 Panel: Dr. Richard V. Burkhauser, of New York, for A motion was entered to close further debate on the motion to proceed to S.J. Res. 3 (listed above) a term of two years, and Ms. Christine M. Griffin, and, in accordance with the provisions of Rule XXII of Massachusetts, for a term of four years. Page S2815 of the Standing Rules of the Senate, a vote on the Nominations Received: Senate received the fol- cloture motion will occur on Tuesday, April 25, lowing nominations: 2000. Page S2696 Phil Boyer, of Maryland, to be a Member of the Subsequently, the motion to proceed was with- Federal Aviation Management Advisory Council for drawn. Page S2696 a term of two years. (New Position) Methane Hydrate Research and Development Mildred Spiewak Dresselhaus, of Massachusetts, to Act: Senate concurred in the amendment of the be Director of the Office of Energy Research. House to the Senate amendment to H.R. 1753, to James Donald Walsh, of California, to be Ambas- provide the research, identification, assessment, ex- sador to Argentina. ploration, and development of methane hydrate re- James L. Whigham, of Illinois, to be United sources, clearing the measure for the President. States Marshal for the Northern District of Illinois Pages S2805±07 for the term of four years vice Joseph George Continued Reporting of Intercepted Wire, Oral, DiLeonardi, resigned. and Electronic Communications Act: Senate con- 1 Marine Corps nomination in the rank of general. curred in the amendments of the House to S. 1769, Page S2815 to continue reporting requirements of section 2519 Messages From the House: Page S2724 of title 18, United States Code, beyond December 21, 1999, clearing the measure for the President. Measures Placed on Calendar: Page S2724 Pages S2813±14 Communications: Pages S2724±26 C.B. King U.S. Courthouse: Senate concurred in Executive Reports of Committees: Pages S2726±27 the amendments of the House to S. 1567, to des- Statements on Introduced Bills: Pages S2729±71 ignate the United States courthouse located at 223 Broad Avenue in Albany, Georgia, as the ‘‘C.B. Additional Cosponsors: Pages S2771±72 King United States Courthouse’’, clearing the meas- Amendments Submitted: Pages S2777±85 ure for the President. Pages S2814±15 Notices of Hearings: Page S2785 Authority for Committees: All committees were Authority for Committees: Page S2785 authorized to file legislative reports during the adjournment of the Senate on Thursday, April 20, Additional Statements: Pages S2719±24 2000, from 11 a.m. until 1 p.m. Page S2815 Record Votes: Four record votes were taken today. Appointments: (Total—85) Pages S2673±74, S2696 Ticket to Work and Work Incentives Advisory Adjournment: Senate convened at 10:32 a.m., and Panel: The Chair, on behalf of the Majority Leader, according to the provisions of H. Con. Res. 303, ad- after consultation with the Chairman of the Senate journed at 8:19 p.m., until 9:30 a.m., on Tuesday, Committee on Finance, pursuant to Public Law April 25, 2000. (For Senate’s program, see the re- 106–170, announced the appointment of the fol- marks of the Acting Majority Leader in today’s lowing individuals to serve as members of the Ticket Record on page S2815.)

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 D374 CONGRESSIONAL RECORD — DAILY DIGEST April 13, 2000 Committee Meetings DOD ANTHRAX VACCINE Committee on Armed Services: Committee held hearings (Committees not listed did not meet) to examine issues relating to the implementation of the Department of Defense anthrax vaccine immuni- APPROPRIATIONS—FOREIGN OPERATIONS zation program, receiving testimony from Rear Adm. Committee on Appropriations: Subcommittee on Foreign Lowell E. Jacoby, USN, Director of Intelligence, Of- Operations concluded hearings on proposed budget fice of the Joint Chiefs of Staff; Rudy de Leon, Dep- estimates for fiscal year 2001 for Foreign Operations, uty Secretary, David R. Oliver, Principal Deputy after receiving testimony from Madeleine K. Under Secretary for Acquisition and Technology, and Albright, Secretary of State. Maj. Gen. Randall L. West, USMC, Special Advisor NATIONAL READING PANEL to the Under Secretary for Personnel and Readiness, all of the Department of Defense; Lt. Gen. Ronald Committee on Appropriations: Subcommittee on Labor, R. Blanck, USA, Surgeon General of the Army; and Health and Human Services, and Education con- Carol R. Schuster, Associate Director, National Secu- cluded hearings to examine the National Reading rity Preparedness Issues, National Security and Inter- Panel report, focusing on scientific research-based national Affairs Division, General Accounting Office. reading instruction and its readiness for application Hearings recessed subject to call. in the classroom, after receiving testimony from Duane F. Alexander, Director, National Institute of SECURITIES MARKETS STRUCTURE Child Health and Human Services, Department of Committee on Banking, Housing, and Urban Affairs: Health and Human Services; Kent McGuire, Assist- Committee concluded hearings on the evolution of ant Secretary of Education for Educational Research the equity markets and the appropriate role of pol- and Improvement; and Donald N. Langenberg, Uni- icymakers in this period of rapid change, focusing on versity System of Maryland, Adelphi, on behalf of implications of technology changes and the role of the National Reading Panel. policymakers, after receiving testimony from Alan IRS REFORM Greenspan, Chairman, Board of Governors, Federal Committee on Appropriations: Subcommittee on Treas- Reserve System. ury and General Government concluded hearings to BUSINESS MEETING examine certain Internal Revenue Service reform Committee on Commerce, Science, and Transportation: issues, focusing on paperless filing and the return- Committee ordered favorably reported the following free tax filing system as it relates to the Internal business items: Revenue Service’s mandate under the IRS Restruc- S. 1755, to amend the Communications Act of turing and Reform Act of 1998, after receiving testi- 1934 to regulate interstate commerce in the use of mony from Charles O. Rossotti, Commissioner, In- mobile telephones, with an amendment in the nature ternal Revenue Service, and Leonard E. Burman, of a substitute; Deputy Assistant Secretary of Treasury, both of the S. 2340, to direct the National Institute of Stand- Department of the Treasury. ards and Technology to establish a program to sup- APPROPRIATIONS—NASA port research and training in methods of detecting Committee on Appropriations: Subcommittee on VA, the use of performance-enhancing substances by ath- HUD, and Independent Agencies concluded hearings letes, with amendments; on proposed budget estimates for fiscal year 2001 for S. 1089, to authorize appropriations for fiscal the National Aeronautics and Space Administration, years 2000, 2001, and 2002, for the United States after receiving testimony from Daniel S. Goldin, Ad- Coast Guard, with an amendment in the nature of ministrator, NASA. a substitute; S. 1482, to amend the National Marine Sanc- NOMINATIONS tuaries Act, with an amendment; Committee on Armed Services: Committee ordered favor- S. 1911, to conserve Atlantic highly migratory ably reported the nominations of Bernard Daniel species of fish, with an amendment in the nature of Rostker, of Virginia, to be Under Secretary of De- a substitute; fense for Personnel and Readiness, Gregory Robert H.R. 1651, to amend the Fishermen’s Protective Dahlberg, of Virginia, to be Under Secretary of the Act of 1967 to extend the period during which re- Army, and Madelyn R. Creedon, of Indiana, to be imbursement may be provided to owners of United Deputy Administrator for Defense Programs, Na- States fishing vessels for costs incurred when such a tional Nuclear Security Administration, Department vessel is seized and detained by a foreign country, of Energy. with amendments;

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 April 13, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D375 S. 2327, to establish a Commission on Ocean Pol- Washington Airports Authority, Carol Jones icy; Carmody, of Louisiana, and John Goglia, of Massa- S. 1407, to authorize appropriations for the Tech- chusetts, each to be a Member of the National nology Administration of the Department of Com- Transportation Safety Board, Vice Adm. Thomas H. merce for fiscal years 2000, 2001, and 2002, with Collins, U.S. Coast Guard, to be Vice Commandant, an amendment in the nature of a substitute; with the Grade of Vice Admiral, Rear Adm. Ernest S. 1639, to authorize appropriations for carrying R. Riutta, U.S. Coast Guard, to be Commander, Pa- out the Earthquake Hazards Reduction Act of 1977, cific Area, with the Grade of Vice Admiral, and cer- for the National Weather Service and Related Agen- tain promotion lists in the United States Coast cies, and for the United States Fire Administration Guard. for fiscal years 2000, 2001, and 2002, with an NATURAL DISASTER PROTECTION AND amendment in the nature of a substitute; INSURANCE S. 1912, to facilitate the growth of electronic commerce and enable the electronic commerce mar- Committee on Commerce, Science, and Transportation: ket to continue its current growth rate and realize Committee concluded hearings on S. 1361, to amend its full potential, to signal strong support of the the Earthquake Hazards Reduction Act of 1977 to electronic commerce market by promoting its use provide for an expanded Federal program of hazard within Federal government agencies and small and mitigation, relief, and insurance against the risk of medium-sized businesses; catastrophic natural disasters, such as hurricanes, S. 2046, to reauthorize the Next Generation Inter- earthquakes, and volcanic eruptions, after receiving net Act, with an amendment in the nature of a sub- testimony from Stuart E. Eizenstat, Deputy Secretary stitute; of the Treasury; David L. Keating, National Tax- S. 442, to authorize the Secretary of Transpor- payers Union, Alexandria, Virginia; Franklin W. tation to issue a certificate of documentation with Nutter, Reinsurance Association of America, Wash- appropriate endorsement for employment in the ington, DC; Travis Plunkett, Consumer Federation of America, Arlington, Virginia; Jack F. Weber, coastwise trade for the vessel LOOKING GLASS; Home Insurance Federation of America, Potomac S. 1261, to authorize the Secretary of Transpor- Halls, Virginia; Charles T. Brown, Baker, Wellman, tation to issue a certificate of documentation with Brown Insurance and Financial Services, Kennett, appropriate endorsement for employment in the Missouri, on behalf of the Independent Insurance coastwise trade for the vessel YANKEE; Agents of America; and Scott A. Gilliam, Cincinnati S. 1613, to authorize the Secretary of Transpor- Insurance Companies, Fairfield, Ohio. tation to issue a certificate of documentation with appropriate endorsement for employment in the ELECTRIC POWER coastwise trade for the vessel VICTORY OF Committee on Energy and Natural Resources: Committee BURNHAM; resumed hearings on S. 2098, to facilitate the transi- S. 1614, to authorize the Secretary of Transpor- tion to more competitive and efficient electric power tation to issue a certificate of documentation with markets, and to ensure electric reliability, S. 2071, appropriate endorsement for employment in the to benefit electricity consumers by promoting the re- coastwise trade for the vessel LUCKY DOG; liability of the bulk-power system, S. 1369, to en- S. 1615, to authorize the Secretary of Transpor- hance the benefits of the national electric system by tation to issue a certificate of documentation with encouraging and supporting State programs for re- appropriate endorsement for employment in the newable energy sources, universal electric service, af- coastwise trade for the vessel ENTERPRIZE; fordable electric service, and energy conservation and S. 1779, to authorize the Secretary of Transpor- efficiency, S. 1284, to amend the Federal Power Act tation to issue a certificate of documentation with to ensure that no State may establish, maintain, or appropriate endorsement with appropriate endorse- enforce on behalf of any electric utility an exclusive ment for employment in the coastwise trade for the right to sell electric energy or otherwise unduly dis- vessel M/V SANDPIPER; criminate against any consumer who seeks to pur- S. 1853, to authorize the Secretary of Transpor- chase electric energy in interstate commerce from tation to issue a certificate of documentation with any supplier, S. 1273, to amend the Federal Power appropriate endorsement for employment in the Act, to facilitate the transition to more competitive coastwise trade for the vessel FRITHA; and and efficient electric power market, S. 1047, to pro- The nominations of Robert Clarke Brown, of vide for a more competitive electric power industry, Ohio, John Paul Hammerschmidt, of Arkansas, and S. 516, to benefit consumers by promoting competi- Norman Y. Mineta, of California, each to be a Mem- tion in the electric power industry, S. 282, to pro- ber of the Board of Directors of the Metropolitan vide that no electric utility shall be required to enter

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 D376 CONGRESSIONAL RECORD — DAILY DIGEST April 13, 2000 into a new contract or obligation to purchase or to S. 682, to implement the Hague Convention on sell electricity or capacity under section 210 of the Protection of Children and Co-operation in Respect Public Utility Regulatory Policies Act of 1978, re- of Intercounty Adoption, with an amendment in the ceiving testimony from Senator Jeffords; Representa- nature of a substitute; tive Barton; New Hampshire State Senator Clifton S. Res. 271, regarding the human rights situation Below, Concord, on behalf of the National Con- in the People’s Republic of China, with amend- ference of State Legislatures; Benjamin Montoya, ments; Public Service Company of New Mexico, Albu- S. Res. 272, expressing the sense of the Senate querque, on behalf of the Edison Electric Institute; that the United States should remain actively en- Joseph E. Ronan, Jr., Calpine Corporation, San Jose, gaged in southeastern Europe to promote long-term California, on behalf of the Electric Power Supply peace, stability, and prosperity; continue to vigor- Association; Ron Moeller, Cargill Corporation, Min- ously oppose the brutal regime of Slobodan neapolis, Minnesota, on behalf of the Electricity Consumers Resource Council; Gary Zimmerman, Milosevic while supporting the efforts of the demo- Michigan Municipal Electric Association and Michi- cratic opposition and fully implement the Stability gan Public Power Agency, Lansing, on behalf of the Pact, with amendments; American Public Power Association; Glenn English, S. Res. 287, expressing the sense of the Senate re- National Rural Electric Cooperative Association, garding U.S. policy toward Libya; Washington, DC; and Alan J. Nogee, Union of Con- S. Res. 289, expressing the sense of the Senate re- cerned Scientists, Cambridge, Massachusetts. garding the human rights situation in Cuba; Hearings will resume on Thursday, April 27. S. Con. Res. 81, expressing the sense of the Con- BUSINESS MEETING gress that the Government of the People’s Republic of China should immediately release Rabiya Kadeer, Committee on Environment and Public Works: Com- her secretary, and her son, and permit them to move mittee ordered favorably reported the following busi- to the United States if they so desire; ness items: S. Con. Res. 98, urging compliance with the S. 522, to amend the Federal Water Pollution Hague Convention on the Civil Aspects of Inter- Control Act to improve the quality of beaches and national Child Abduction; coastal recreation water, with an amendment in the nature of a substitute; H.R. 3707, to authorize funds for the site selec- H.R. 999, to amend the Federal Water Pollution tion and construction of a facility in Taipei, Taiwan Control Act to improve the quality of coastal recre- suitable for the mission of the American Institute in ation waters; Taiwan, with amendments; and S. 2370, to designate the Federal Building located The nominations of Carey Cavanaugh, of Florida at 500 Pearl Street in New York City, New York, for the rank of Ambassador during his tenure of as the ‘‘Daniel Patrick Moynihan United States service as Special Negotiator for Nagorno-Karabakh Courthouse’’; and New Independent States Regional Conflicts, H.R. 2412, to designate the Federal building and Christopher Robert Hill, of Rhode Island, to be Am- United States courthouse located at 1300 South Har- bassador to the Republic of Poland, Thomas G. rison Street in Fort Wayne, Indiana, as the ‘‘E. Ross Weston, of Michigan, for the rank of Ambassador Adair Federal Building and United States Court- during his tenure of service as Special Coordinator house’’; for Cyprus, Donald Arthur Mahley, of Virginia, for S. 2297, to reauthorize the Water Resources Re- the rank of Ambassador during his tenure of service search Act of 1984; and as Special Negotiator for Chemical and Biological The nomination of Edward McGaffigan, Jr., of Arms Control Issues, Gregory G. Govan, of Virginia, Virginia, to be a Member of the Nuclear Regulatory for the rank of Ambassador during his tenure of Commission. service as Chief U.S. Delegate to the Joint Consult- BUSINESS MEETING ative Group, Gary A. Barron, of Florida, to be a Member of the Board of Directors of the Overseas Committee on Foreign Relations: Committee ordered favorably reported the following business items: Private Investment Corporation, all of the Depart- Convention On Protection of Children and Co-opment of State, and certain Foreign Service Officer eration in Respect of Intercountry Adoption, Adopt- promotion lists. ed and Opened for Signature at the Conclusion of the Seventeenth Session of the Hague Conference on BUSINESS MEETING Private International Law on May 29, 1993, with 6 Committee on the Judiciary: Committee ordered favor- declarations. (Treaty Doc. 105–51) ably reported the following bills:

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 April 13, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D377

S. 2058, to extend filing deadlines for applications America and the Orthodox Union; and Ralph W. for adjustment of status of certain Cuban, Nica- Hardy, Jr., Church of Jesus Christ of Latter Day raguan, and Haitian nationals; and Saints, Washington, DC. S. 2367, to amend the Immigration and Nation- ality Act to make improvements to, and permanently PENSION ASSETS PROTECTION authorize, the visa waiver pilot program under the Committee on Health, Education, Labor, and Pensions: Act. Also, Committee approved a resolution of issuance Committee concluded hearings to examine issues of subpoenas regarding the appointment of an Inde- dealing with protecting pension assets in personal pendent Counsel pursuant to Rule 26. bankruptcy, the Employee Retirement Income Secu- rity Act, and on certain provisions of H.R. 833, to MOTHER TERESA RELIGIOUS WORKERS amend title 11 of the United States Code (Bank- ACT ruptcy Reform), after receiving testimony from Leslie Committee on the Judiciary: Subcommittee on Immi- B. Kramerich, Acting Assistant Secretary of Labor gration concluded hearings on S. 2406, to amend the for Pension and Welfare Benefits Administration; Immigration and Nationality Act to provide perma- Bruce A. Markell, University of Nevada, Las Vegas nent authority for entry into the United States of William S. Boyd School of Law; Virginia Tierney, certain religious workers, after receiving testimony American Association for Retired Persons, and James from Archbishop Adam Cardinal Maida, Detroit, S. Ray, Connerton and Ray, on behalf of the AFL- Michigan, on behalf of the United States Catholic CIO, both of Washington, DC; Scott J. Macey, Ac- Conference Committee on Migration; Rabbi Steven tuarial Sciences Associates, on behalf of the ERISA Weil, Oak Park, Michigan, on behalf of the Council Industry Committee; and Ned Burmeister, Trustar of Orthodox Rabbis and Rabbinical Council of Retirement Services, Wilmington, Delaware; h House of Representatives H.R. 2932, to authorize the Golden Spike/Cross- Chamber Action roads of the West National Heritage Area, amended Bills Introduced: 81 public bills, H.R. 4265–4345; (H. Rept. 106–584); and 11 resolutions, H. Con. Res. 307–312 and H. H.R. 3293, to amend the law that authorized the Res. 477–481, were introduced. Pages H2336±40 Vietnam Veterans Memorial to authorize the place- Reports Filed: Reports were filed today as follows: ment within the site of the memorial of a plaque to H.R. 3244, to combat trafficking of persons, espe- honor those Vietnam veterans who died after their cially into the sex-trade, slavery, and slavery-like service in the Vietnam war, but as a direct result of conditions in the United States and countries around that service, amended (H. Rept. 106–585); the world through prevention, through prosecution H.R. 1901, to designate the United States border and enforcement against traffickers, and through pro- station located in Pharr, Texas, as the ‘‘Kika de la tection and assistance to victims of trafficking, Garza United States Border Station’’ (H. Rept. amended (H. Rept. 106–487, Pt. 2); 106–586); H.R. 3646, a private bill, for the relief of certain H.R. 1729, to designate the Federal facility lo- Persian Gulf evacuees (H. Rept. 106–580); cated at 1301 Emmet Street in Charlottesville, Vir- H.R. 3363, a private bill, for the relief of Akal ginia, as the ‘‘Pamela B. Gwin Hall’’ (H. Rept. Security, Incorporated (H. Rept. 106–581). 106–587); H. Res. 443, expressing the sense of the House of H.R. 1571, to designate the Federal building Representatives with regard to the centennial of the under construction at 600 State Street in New raising of the United States flag in American Samoa, Haven, Connecticut, as the ‘‘Merrill S. Parks, Jr., amended (H. Rept. 106–582); Federal Building’’ (H. Rept. 106–588); and H.R. 1509, to authorize the Disabled Veterans’ H.R. 1405, to designate the Federal building lo- LIFE Memorial Foundation to establish a memorial cated at 143 West Liberty Street, Medina, Ohio, as in the District of Columbia or its environs to honor the ‘‘Donald J. Pease Federal Building’’ (H. Rept. veterans who became disabled while serving in the 106–589). Armed Forces of the United States (H. Rept. H.R. 317, to direct the Administrator of General 106–583); Services to convey a parcel of land in the District of

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 D378 CONGRESSIONAL RECORD — DAILY DIGEST April 13, 2000 Columbia to be used for construction of the National service in unserved and underserved rural areas by Health Museum, amended (H. Rept. 106–590); and December 31, 2006 by a yea and nay vote of 375 H.R. 3069, to authorize the Administrator of yeas to 37 nays, Roll No. 128. Pages H2283±H2302 General Services to provide for redevelopment of the Pursuant to the order of the House, in lieu of the Southeast Federal Center in the District of Colum- amendments recommended by the Committees on bia, amended (H. Rept. 106–591). Page H2336 Agriculture and Commerce now printed in the bill, Guest Chaplain: The prayer was offered by the the amendment in the nature of a substitute sent to guest Chaplain, Rabbi Jacob J. Schachter of New the desk by the Chairman Dreier, Chairman of the York, New York. Page H2241 Committee on Rules, was considered as adopted. Journal: The House agreed to the Speaker’s approval Subsequently, during general debate, the House of the Journal of Wednesday, April 12 by a yea and agreed to the Goodlatte unanimous consent request nay vote of 365 yeas to 49 nays with 1 voting that the amendment in the nature of a substitute considered as adopted under the previous order of ‘‘present’’, Roll No. 123. Pages H2241±42 the House be the amendment in the nature of a sub- Congressional Budget Resolution for Fiscal Year stitute that Representative Goodlatte had placed at 2001: The House agreed to the conference report on the desk. Pages H2283, H2292 H. Con. Res. 290, establishing the congressional The bill was considered pursuant to an earlier budget for the United States Government for fiscal unanimous consent order of the House and H. Res. year 2001, revising the congressional budget for the 475, a rule to provide for consideration of the bill United States Government for fiscal year 2000, and was laid on the table. Page H2258 setting forth appropriate budgetary levels for each of fiscal years 2002 through 2005 by a yea and nay Radio Broadcasting Preservation Act: The House vote of 220 yeas to 208 nays, Roll No. 125. passed H.R. 3439, to prohibit the Federal Commu- Pages H2249±58 nications Commission from establishing rules author- H. Res. 474, the rule that provided for consider- izing the operation of new, low power FM radio sta- ation of the concurrent resolution was agreed to by tions by a recorded vote of 274 ayes to 110 noes, a yea and nay vote of 221 yeas to 205 nays, Roll Roll No. 130. Agreed to amend the title. No. 124. Pages H2242±49 Pages H2302±18 Committee on Rules Resolutions: Agreed that the Agreed to the Committee on Commerce amend- following resolutions be laid on the table: H. Res. ment in the nature of a substitute made in order by 356, H. Res. 375, H. Res. 382, and H. Res. 383. the rule. Page H2317 Page H2259 Rejected the Barrett of Wisconsin amendment that sought to allow the Federal Communications Date Certain Tax Code Replacement Act: The Commission to modify the rules to eliminate or re- House passed H.R. 4199, to terminate the Internal duce the minimum distance separations for third-ad- Revenue Code of 1986 by a yea and nay vote of 229 jacent channels six months after the Commission yeas to 187 nays, Roll No. 127. Pages H2267±82 submits a study to Congress that examines whether Pursuant to the rule, an amendment in the nature low-power FM radio stations result in harmful inter- of a substitute consisting of the text of H.R. 4230, ference to existing stations (rejected by a recorded Date Certain Tax Code Replacement Act, was con- vote of 142 ayes to 245 noes, Roll No. 129). sidered as adopted. Page H2268 Rejected the Rangel motion to recommit the bill Pages H2311±17 to the Committee on Ways and Means with instruc- The bill was considered pursuant to an earlier tions to report it back forthwith with an amendment unanimous consent order of the House; and H. Res. in the nature of a substitute that requires com- 472, a rule to provide for consideration of the bill prehensive reform of the tax code by July 4, 2004 was laid on the table. Pages H2258±59 by a yea and nay vote of 191 yeas to 228 nays, Roll Resignations—Appointments: Agreed that not- No. 126. Pages H2277±82 withstanding any adjournment of the House until H. Res. 473, the rule that provided for consider- Tuesday, May 2, 2000, the Speaker, Majority Leader, ation of the bill was agreed to by a voice vote. and Minority Leader be authorized to accept resigna- Pages H2259±67 tions and to make appointments authorized by law Rural Local Broadcast Signal Act: The House or by the House. Page H2318 passed H.R. 3615, to amend the Rural Electrifica- Calendar Wednesday: Agreed that the business in tion Act of 1936 to ensure improved access to the order under the calendar Wednesday rule be dis- signals of local television stations by multichannel pensed with on Wednesday, May 3, 2000. video providers to all households which desire such Page H2318

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 April 13, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D379 Speaker Pro Tempore: Read a letter from the VA, HUD AND INDEPENDENT AGENCIES Speaker wherein he designated Representatives Wolf APPROPRIATIONS or if not available Representative Morella to act as Committee on Appropriations: Subcommittee on VA, Speaker pro tempore to sign enrolled bills and joint HUD and Independent Agencies continued appro- resolutions through May 2. Page H2319 priation hearings. Testimony was heard from public Senate Messages: Messages received from the Senate witnesses. today appear on pages H2242, H2283, and H2319. NATIONAL DEFENSE AUTHORIZATION Referrals: S.J. Res. 40, S.J. Res. 41, and S.J. Res. ACT 42 were referred to the Committee on House Ad- Committee on Armed Services, Special Oversight Panel ministration. Page H2334 on Merchant Marine approved recommendations to Quorum Calls—Votes: Six yea and nay votes and the committee on H.R. 4205, National Defense Au- two recorded votes developed during the proceedings thorization Act for Fiscal Year 2001. of the House today and appear on pages H2241–42, H2248–49, H2258, H2281–82, H2282, H2301–02, NATIONAL DEFENSE AUTHORIZATION H2317, and H2318. There were no quorum calls. ACT Adjournment: The House met at 10:00 a.m. and Committee on Armed Services: Special Oversight Panel pursuant to the provisions of H.Con.Res. 303, the on Morale, Welfare and Recreation approved rec- House adjourned at 9:45 p.m. until 12:30 p.m. on ommendations to the committee on H.R. 4205, Na- Tuesday, May 2, 2000, for morning-hour debate. tional Defense Authorization Act for Fiscal Year 2001. Committee Meetings NTSB RAPIDRAFT PAYMENT SYSTEM ABUSE HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION ACT; ANIMAL Committee on the Budget: Housing and Infrastructure WELFARE ACT AMENDMENTS Task Force held a hearing on Abuse of the NTSB Rapidraft Payment System. Testimony was heard Committee on Agriculture: Subcommittee on Livestock from Kenneth M. Mead, Inspector General, Depart- and Horticulture approved for full Committee ac- ment of Transportation; and James E. Hall, Chair- tion, as amended, the following bills: H.R. 2962, man, National Transportation Safety Board. Hass Avocado Promotion, Research, and Information Act; and H.R. 1275, to amend the Animal Welfare U.S. ENRICHMENT CORPORATION Act to prohibit the interstate movement of live birds PRIVATIZATION—IMPACT ON DOMESTIC for the purpose of having the birds participate in URANIUM INDUSTRY animal fighting. Committee on Commerce: Subcommittee on Oversight Prior to this action, the Subcommittee held a and Investigations held a hearing to review U.S. En- hearing on H.R. 2962. Testimony was heard from richment Corporation privatization and its impact on public witnesses. the domestic uranium industry. Testimony was heard from Gary Gensler, Under Secretary, Department of FOREIGN OPERATIONS, EXPORT the Treasury; Ernest J. Moniz, Under Secretary, De- FINANCING AND RELATED PROGRAMS partment of Energy; Carl Paperiello, Deputy Execu- APPROPRIATIONS tive Director, Materials, Research, and State Pro- Committee on Appropriations: Subcommittee on Foreign grams, NRC; and public witnesses. Operations, Export Financing, and Related Programs held a hearing on the Secretary of the Treasury. Tes- RELIGIOUS BROADCASTING FREEDOM timony was heard from Lawrence H. Summers, Sec- ACT; NONCOMMERCIAL BROADCASTING retary of the Treasury. FREEDOM OF EXPRESSION ACT Committee on Commerce: Subcommittee on Tele- LABOR-HHS-EDUCATION communications, Trade, and Consumer Protection APPROPRIATIONS held a hearing on the following bills: H.R. 3525, Committee on Appropriations: Subcommittee on Labor, Religious Broadcasting Freedom Act; and H.R. Health and Human Services, and Education held a 4201, Noncommercial Broadcasting Freedom of Ex- hearing on the SSA and the U.S. Institute of Peace. pression Act of 2000. Testimony was heard from the Testimony was heard from Kenneth S. Apfel, Com- following Commissioners of the FCC: Harold W. missioner, SSA; and Chester A. Crocker, Chairman, Furchtgott-Roth; and Gloria Tristani; and public U.S. Institute of Peace. witnesses.

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00010 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 D380 CONGRESSIONAL RECORD — DAILY DIGEST April 13, 2000

EDUCATION OPTIONS ACT sistant Secretary, Policy and International Affairs, Committee on Education and the Workforce: Ordered re- Department of the Interior; former Delegate Ben ported, as amended, H.R. 4141, Education Opportu- Blaz of Guam; and a public witness. nities To Protect and Invest In Our Nation’s Stu- SHARK FINNING PROHIBITION ACT dents (Education OPTIONS) Act. Committee on Resources: Subcommittee on Fisheries MISCELLANEOUS MEASURES Conservation, Wildlife and Oceans held a hearing on Committee on International Relations: Ordered reported, H.R. 3535, Shark Finning Prohibition Act. Testi- as amended, the following bills: H.R. 4022, Russian mony was heard from Representative Cunningham; Anti-Ship Missile Nonproliferation Act; and H.R. Andrew Rosenberg, Deputy Assistant Administrator, 3680, to amend the National Defense Authorization Fisheries, National Marine Fisheries Service, NOAA, Act for Fiscal Year 1998 with respect to the adjust- Department of Commerce; and public witnesses. ment of composite theoretical performance levels of high performance computers. MISCELLANEOUS MEASURES The Committee also favorably considered the fol- Committee on Resources: Subcommittee on National lowing measures and adopted a motion urging the Parks and Public Lands approved for full Committee Chairman to request that they be considered on the action the following bills: H.R. 2773, amended, Suspension Calendar: H. Res. 464, expressing the Wekiva Wild and Scenic River Act; H.R. 2950, sense of Congress on international recognition of amended, Oregon Land Exchange Act of 1999; H.R. Israel’s Magen David Adom Society and its symbol 2778, amended, Taunton River Wild and Scenic the Red Shield of David; H. Res. 449, congratu- River Study Act of 1999; H.R. 3084, to authorize lating the people of Senegal on the success of the the Secretary of the Interior to contribute funds for multi-party electoral process; H.R. 4251, Congres- the establishment of an interpretive center on the sional Oversight of Nuclear Transfers to North life and contributions of President Abraham Lincoln; Korea Act; H. Con. Res. 304, Expressing the con- H.R. 3241, to direct the Secretary of the Interior to demnation of the continued egregious violations of recalculate the franchise fee owed by Fort Sumter human rights in the Republic of Belarus, the lack of Tours Inc., a concessioner providing service to Fort progress toward the establishment of democracy and Sumter National Monument in South Carolina; and the rule of law in Belarus, calling on President H.R. 3676, Santa Rosa and San Jacino Mountains Alyaksandr Lukashenka’s regime to engage in nego- National Monument Act of 2000. tiations with the representatives of the opposition and to restore the constitutional rights of the WIRELESS INTERNET TECHNOLOGY Belarusian people, and calling on the Russian Fed- Committee on Science: Subcommittee on Technology eration to respect the sovereignty of Belarus; H.R. held a hearing on Wireless Internet Technology. 3879, amended, Sierra Leone Peace Support Act; and Testimony was heard from public witnesses. H. Con. Res. 295, amended, relating to continuing human rights violations and political oppression in OSHA’S PROPOSED ERGONOMICS the Socialist Republic of Vietnam 25 years after the Committee on Small Business: Subcommittee on Regu- fall of South Vietnam to Communist forces. latory Reform and Paperwork Reduction held a hear- CHILDREN’S RIGHTS IN CUBA ing on OSHA’s Proposed Ergonomics Standard and its Impact on Small Business. Testimony was heard Committee on International Relations: Subcommittee on from Charles N. Jeffress, Administrator, Occupa- International Operations and Human Rights held a tional Safety and Health Administration, Depart- hearing on Children’s Rights in Cuba. Testimony ment of Labor; and public witnesses. was heard from public witnesses. JUSTICE FOR VICTIMS OF TERRORISM ACT VETERANS’ LEGISLATION Committee on the Judiciary: Subcommittee on Immi- Committee on Veterans’ Affairs: Subcommittee on Bene- gration and Claims held a hearing on H.R. 3485, fits held a hearing on VA adjudication of Hepatitis Justice for Victims of Terrorism Act. Testimony was C claims, and the following bills: H.R. 1020, Vet- heard from public witnesses. erans’ Hepatitis C Benefits Act; H.R. 3816, to amend title 38, United States Code, to provide that GUAM MEASURES a stroke or heart attack that is incurred or aggra- Committee on Resources: Held a hearing on the fol- vated by a member of a reserve component in the lowing bills: H.R. 755, Guam War Restitution Act; performance of duty while performing inactive duty and H.R. 2462, Guam Omnibus Opportunities Act. training shall be considered to be service-connected Testimony was heard from Lisa Guide, Deputy As- for purposes of benefits under laws administered by

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00011 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 April 13, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D381 the Secretary of Veterans Affairs; H.R. 3998, Vet- United States Government for fiscal year 2001, revis- erans’ Special Monthly Compensation Gender Equity ing the congressional budget for the United States Act; and H.R. 4131, Veterans’ Compensation Cost- Government for fiscal year 2000, and setting forth of-Living Adjustment Act. Testimony was heard appropriate budgetary levels for each of fiscal years from Representatives Stupak and Snyder; the fol- 2002 through 2005. lowing officials of the Department of Veterans Af- f fairs: Gary Roselle, M.D., Program Director, Infec- tious Diseases, Medical Center, Cincinnati; Nora COMMITTEE MEETINGS FOR FRIDAY, Egan, Deputy Under Secretary, Management; and APRIL 14, 2000 John McCourt, Deputy Director, Compensation and Senate Pension Service; representatives of veterans organiza- No meetings/hearings scheduled. tions; and public witnesses. House Committees FUNDAMENTAL TAX REFORM Committee on Government Reform, April 20, hearing on Committee on Ways and Means: Concluded hearings on ‘‘White House E-Mails: Mismanagement of Subpoenaed fundamental tax reform. Testimony was heard from Records—Day 3’’, 11 a.m., 2154 Rayburn. Representative Portman; and public witnesses. f MANAGING INTELLIGENCE COMMUNITY PERSONNEL RESOURCES CONGRESSIONAL PROGRAM AHEAD Permanent Select Committee on Intelligence: Met in execu- Week of April 17 through April 22, 2000 tive session to hold a hearing on Building Capabili- ties: The Challenges of Managing Intelligence Com- Senate Chamber munity Personnel Resources. Testimony was heard Senate will not be in session. from departmental witnesses. Senate Committees Joint Meetings No meetings/hearings scheduled. 2001 BUDGET House Chamber Conferees on Wednesday, April 12, agreed to file House will not be in session. a conference report on the differences between the Senate and House passed versions of H. Con. Res. House Committees 290, establishing the congressional budget for the No Committee meetings are scheduled.

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00012 Fmt 0627 Sfmt 0627 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0 D382 CONGRESSIONAL RECORD — DAILY DIGEST April 13, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, April 25 12:30 p.m., Tuesday, May 2

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: To be announced. ation of the motion to proceed to the consideration of S.J. Res. 3, Victim’s Rights. At. 2:15 p.m., Senate will vote on the motion to close further debate on the motion to proceed to S.J. Res. 3, Victim’s Rights. If cloture is not invoked, Senate will then vote on the motion to close further debate on H.R. 6, Marriage Tax Penalty. (Senate will recess from 12:30 p.m. until 2:15 p.m., for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E559, E561, E563, E566, Morella, Constance A., Md., E565 E568 Napolitano, Grace F., Calif., E581 Ackerman, Gary L., N.Y., E589 Goodling, William F., Pa., E588 Pastor, Ed, Ariz., E584 Aderholt, Robert B., Ala., E589 Hefley, Joel, Colo., E578 Pelosi, Nancy, Calif., E579 Baca, Joe, Calif., E591 Herger, Wally, Calif., E590 Porter, John Edward, Ill., E569 Baldwin, Tammy, Wisc., E579 Hooley, Darlene, Ore., E587 Ramstad, Jim, ´Minn., E564 Ballenger, Cass, N.C., E583 Inslee, Jay, Wash., E567, E571 Romero-Barcelo, Carlos A., Puerto Rico, E582 Barr, Bob, Ga., E574, E575, E580 Johnson, Sam, Tex., E584 Roybal-Allard, Lucille, Calif., E584, E584 Bliley, Tom, Va., E569, E581, E583 Jones, Walter B., N.C., E576, E581 Ryan, Paul, Wisc., E579 Boehlert, Sherwood L., N.Y., E571 Kildee, Dale E., Mich., E567 Sanchez, Loretta, Calif., E586 Kucinich, Dennis J., Ohio, E581, E584 Schakowsky, Janice D., Ill., E583 Boehner, John A., Ohio, E569 Lantos, Tom, Calif., E570, E582 Skelton, Ike, Mo., E559, E562 Clay, William (Bill), Mo., E566 Larson, John B., Conn., E578 Smith, Adam, Wash., E571 Clement, Bob, Tenn., E559, E562, E591 Lee, Barbara, Calif., E560, E562 Stupak, Bart, Mich., E588 Conyers, John, Jr., Mich., E564 Levin, Sander M., Mich., E571 Sweeney, John E., N.Y., E589 Cox, Christopher, Calif., E583 Lewis, Jerry, Calif., E589 Talent, James M., Mo., E560 Cummings, Elijah E., Md., E571 McCarthy, Carolyn, N.Y., E590 Taylor, Charles H., N.C., E563, E565 Cunningham, Randy ‘‘Duke’’, Calif., E583 McCarthy, Karen, Mo., E573, E575, E579 Thompson, Mike, Calif., E560 Davis, Thomas M., Va., E572, E574, E581 McGovern, James P., Mass., E576 Udall,´ Tom, N.M., E585 DeGette, Diana, Colo., E577 Meehan, Martin T., Mass., E588 Velazquez, Nydia M., N.Y., E585 Dixon, Julian C., Calif., E584 Meek, Carrie P., Fla., E586 Visclosky, Peter J., Ind., E572, E573, E575, E580 Emerson, Jo Ann, Mo., E586 Menendez, Robert, N.J., E573, E574, E579 Weller, Jerry, Ill., E573, E577 Ewing, Thomas W., Ill., E569 Miller, George, Calif., E570 Woolsey, Lynn C., Calif., E568 Frelinghuysen, Rodney P., N.J., E566 Minge, David, Minn., E587 Young, Don, Alaska, E561 Gekas, George W., Pa., E562 Moran, James P., Va., E559

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

VerDate 20-MAR-2000 07:37 Apr 15, 2000 Jkt 079061 PO 00000 Frm 00013 Fmt 0664 Sfmt 0664 E:\CR\CRI\D13AP0.PT2 pfrm11 PsN: D13AP0