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

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

Vol. 146 WASHINGTON, TUESDAY, OCTOBER 31, 2000 No. 141 House of Representatives The House met at 6 p.m. and was God of all grace, You have called us Pursuant to clause 1, rule I, the Jour- called to order by the Speaker pro tem- to eternal glory. Help us to be ever nal stands approved. pore (Mr. BARR of Georgia). mindful of our final destiny and our Mr. MCNULTY. Mr. Speaker, pursu- f purpose while here on Earth. ant to clause 1, rule I, I demand a vote You not only call each of us by name, on agreeing to the Speaker pro DESIGNATION OF THE SPEAKER You draw us to Yourself by our innate tempore’s approval of the Journal. PRO TEMPORE desire to know the truth, to seek what The SPEAKER pro tempore. The The SPEAKER pro tempore laid be- is good, to take delight in beauty and question is on the Chair’s approval of fore the House the following commu- to hunger for lasting justice. the Journal. Complete Your work in us and nication from the Speaker: The question was taken; and the through us that we may prove our- WASHINGTON, DC, Speaker pro tempore announced that selves public servants and bring this the ayes appeared to have it. October 31, 2000. Nation to Your honor and give You I hereby appoint the Honorable BOB BARR Mr. MCNULTY. Mr. Speaker, I object to act as Speaker pro tempore on this day. glory, now and forever. to the vote on the ground that a Amen. J. DENNIS HASTERT, quorum is not present and make the f Speaker of the House of Representatives. point of order that a quorum is not f THE JOURNAL present. The SPEAKER pro tempore. The The SPEAKER pro tempore. Evi- PRAYER Chair has examined the Journal of the dently a quorum is not present. The Chaplain, the Reverend Daniel P. last day’s proceedings and announces The Sergeant at Arms will notify ab- Coughlin, offered the following prayer: to the House his approval thereof. sent Members.

NOTICEÐOCTOBER 23, 2000 A final issue of the Congressional Record for the 106th Congress, 2d Session, will be published on November 29, 2000, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through November 28. The final issue will be dated November 29, 2000, and will be delivered on Friday, December 1, 2000. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Records@Reporters''. Members of the House of Representatives' statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, signed manuscript. Deliver statements to the Official Reporters in Room HT± 60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

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.

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VerDate 31-OCT-2000 04:54 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 8633 E:\CR\FM\A31OC7.000 pfrm02 PsN: H31PT1 H11624 CONGRESSIONAL RECORD — HOUSE October 31, 2000 The vote was taken by electronic de- Tierney Walsh Weygand construct various projects for improve- Toomey Wamp Whitfield vice, and there were—yeas 291, nays 70, Traficant Watt (NC) Wilson ments to rivers and harbors of the answered ‘‘present’’ 1, not voting 70, as Turner Watts (OK) Wolf United States, and for other purposes: follows: Upton Weiner Woolsey CONFERENCE REPORT (H. REPT. 106–1020) Vitter Weldon (PA) Young (AK) [Roll No. 584] Walden Wexler Young (FL) The committee of conference on the dis- YEAS—291 agreeing votes of the two Houses on the NAYS—70 amendment of the House to the bill (S. 2796), Abercrombie Millender- Frelinghuysen Baird Hooley Pickett to provide for the conservation and develop- Ackerman McDonald Frost Becerra Hulshof Price (NC) ment of water and related resources, to au- Aderholt Miller (FL) Gallegly Berry Johnson, E. B. Ramstad Allen Miller, Gary thorize the Secretary of the Army to con- Ganske Bilbray Kaptur Rangel Andrews Minge struct various projects for improvements to Gekas Bonior Kucinich Rothman Armey Mink rivers and harbors of the United States, and Gibbons Brady (PA) LaFalce Sabo Baca Moakley Gilchrest Capuano Latham Sanchez for other purposes, having met, after full and Bachus Morella Gillmor Chenoweth-Hage LoBiondo Slaughter free conference, have agreed to recommend Baker Murtha Gilman Clyburn Lowey Strickland and do recommend to their respective Houses Baldacci Myrick Gonzalez Costello Maloney (NY) Stupak as follows: Baldwin Nadler Goodlatte Crane Markey Sweeney Ballenger Napolitano That the Senate recede from its disagree- Goodling Davis (FL) McDermott Taylor (MS) Barcia Nethercutt ment to the amendment of the House and Gordon DeFazio McGovern Thompson (CA) Barr Ney agree to the same with an amendment as fol- Goss English McNulty Thompson (MS) Barrett (NE) Northup Graham Filner Menendez Udall (CO) lows: Barrett (WI) Norwood Granger Ford Miller, George Udall (NM) In lieu of the matter proposed to be in- Bartlett Nussle Green (TX) Gejdenson Moore Velazquez serted by the House amendment, insert the Barton Ortiz Green (WI) Gutierrez Moran (KS) Visclosky following: Bass Owens Hall (TX) Gutknecht Neal Watkins Bereuter Packard SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Hansen Hall (OH) Oberstar Weller Berkley Pascrell Hastings (WA) Hefley Obey Wicker (a) SHORT TITLE.—This Act may be cited as Berman Pastor Hayes Hilleary Olver Wu the ‘‘Water Resources Development Act of 2000’’. Biggert Hayworth Paul Hilliard Pallone (b) TABLE OF CONTENTS.— Bilirakis Herger Pease Holt Peterson (MN) Bishop Hill (IN) Pelosi Sec. 1. Short title; table of contents. Bliley Hinchey Peterson (PA) ANSWERED ‘‘PRESENT’’—1 Sec. 2. Definition of Secretary. Blumenauer Petri Hinojosa Tancredo TITLE I—WATER RESOURCES PROJECTS Boehlert Hobson Phelps Boehner Hoeffel Pitts NOT VOTING—70 Sec. 101. Project authorizations. Bonilla Hoekstra Pombo Sec. 102. Small projects for flood damage reduc- Bono Archer Fowler Oxley Holden Pomeroy tion. Boswell Porter Bentsen Franks (NJ) Payne Horn Sec. 103. Small projects for emergency Boyd Pryce (OH) Blagojevich Gephardt Pickering Houghton streambank protection. Brady (TX) Quinn Blunt Goode Portman Hoyer Bryant Radanovich Borski Greenwood Ros-Lehtinen Sec. 104. Small projects for navigation. Hunter Burr Rahall Boucher Hastings (FL) Salmon Sec. 105. Small projects for improvement of the Hutchinson Burton Regula Brown (FL) Hill (MT) Sanford quality of the environment. Hyde Buyer Reyes Brown (OH) Hostettler Scarborough Sec. 106. Small projects for aquatic ecosystem Inslee Callahan Reynolds Camp Isakson Sensenbrenner Istook restoration. Calvert Riley Campbell Kennedy Shaw Jackson (IL) Sec. 107. Small projects for shoreline protection. Cannon Rivers Canady Kilpatrick Spratt Jackson-Lee Sec. 108. Small projects for snagging and sedi- Capps Rodriguez Clay Kingston Stabenow (TX) Cardin Roemer Collins Klink Stenholm ment removal. Carson Jefferson Rogan Conyers Lantos Talent Sec. 109. Small project for mitigation of shore Castle Jenkins Rogers Cummings Lazio Taylor (NC) damage. Chabot John Rohrabacher Danner McCollum Tiahrt Sec. 110. Beneficial uses of dredged material. Chambliss Johnson (CT) Roukema DeGette McCrery Towns Sec. 111. Disposal of dredged material on beach- Clayton Johnson, Sam Roybal-Allard DeMint McIntosh Waters Jones (NC) Dickey Meeks (NY) Waxman es. Clement Royce Sec. 112. Petaluma River, Petaluma, California. Coble Jones (OH) Rush Dooley Metcalf Weldon (FL) Coburn Kanjorski Ryan (WI) Dunn Mica Wise TITLE II—GENERAL PROVISIONS Combest Kasich Ryun (KS) Etheridge Mollohan Wynn Sec. 201. Cooperation agreements with counties. Kelly Fattah Moran (VA) Condit Sanders Sec. 202. Watershed and river basin assess- Cook Kildee Sandlin Fossella Ose Kind (WI) ments. Cooksey Sawyer b Cox King (NY) Saxton 1827 Sec. 203. Tribal partnership program. Kleczka Sec. 204. Ability to pay. Coyne Schaffer So the Journal was approved. Cramer Knollenberg Schakowsky Sec. 205. Property protection program. Crowley Kolbe Scott The result of the vote was announced Sec. 206. National recreation reservation serv- Cubin Kuykendall Serrano as above recorded. ice. Cunningham LaHood Sessions Sec. 207. Interagency and international support Lampson f Davis (IL) Shadegg authority. Davis (VA) Largent Shays Deal Larson Sherman PLEDGE OF ALLEGIANCE Sec. 208. Reburial and conveyance authority. Sec. 209. Floodplain management requirements. Delahunt LaTourette Sherwood The SPEAKER pro tempore. Will the DeLauro Leach Shimkus Sec. 210. Nonprofit entities. DeLay Lee Shows gentleman from California (Mr. PACK- Sec. 211. Performance of specialized or tech- Deutsch Levin Shuster ARD) come forward and lead the House nical services. Diaz-Balart Lewis (CA) Simpson in the Pledge of Allegiance. Sec. 212. Hydroelectric power project funding. Dicks Lewis (GA) Sisisky Mr. PACKARD led the Pledge of Alle- Sec. 213. Assistance programs. Dingell Lewis (KY) Skeen Dixon Linder Skelton giance as follows: Sec. 214. Funding to process permits. Doggett Lipinski Smith (MI) I pledge allegiance to the Flag of the Sec. 215. Dredged material marketing and recy- Doolittle Lofgren Smith (NJ) United States of America, and to the Repub- cling. Doyle Lucas (KY) Smith (TX) lic for which it stands, one nation under God, Sec. 216. National academy of sciences study. Dreier Lucas (OK) Smith (WA) indivisible, with liberty and justice for all. Sec. 217. Rehabilitation of Federal flood control Duncan Luther Snyder levees. Edwards Maloney (CT) Souder f Sec. 218. Maximum program expenditures for Ehlers Manzullo Spence small flood control projects. Ehrlich Martinez Stark CONFERENCE REPORT ON S. 2796, Emerson Mascara Stearns Sec. 219. Engineering consulting services. Engel Matsui Stump WATER RESOURCES DEVELOP- Sec. 220. Beach recreation. Eshoo McCarthy (MO) Sununu MENT ACT OF 2000 Sec. 221. Design-build contracting. Evans McCarthy (NY) Tanner Sec. 222. Enhanced public participation. Everett McHugh Tauscher Mr. SHUSTER submitted the following conference report and state- Sec. 223. Monitoring. Ewing McInnis Tauzin Sec. 224. Fish and wildlife mitigation. Farr McIntyre Terry ment on the Senate bill (S. 2796) to pro- Sec. 225. Feasibility studies and planning, engi- Fletcher McKeon Thomas vide for the conservation and develop- Foley McKinney Thornberry neering, and design. Forbes Meehan Thune ment of water and related resources, to Sec. 226. Administrative costs of land convey- Frank (MA) Meek (FL) Thurman authorize the Secretary of the Army to ances.

VerDate 31-OCT-2000 04:54 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 6343 E:\CR\FM\K31OC7.002 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11625 Sec. 227. Flood mitigation and riverine restora- Sec. 404. Upper Mississippi River comprehensive Sec. 511. Clear Lake basin, California. tion. plan. Sec. 512. Contra Costa Canal, Oakley and TITLE III—PROJECT-RELATED PROVISIONS Sec. 405. Ohio River system. Knightsen, California. Sec. 406. Baldwin County, Alabama. Sec. 513. Huntington Beach, California. Sec. 301. Tennessee-Tombigbee Waterway Wild- Sec. 407. Bridgeport, Alabama. Sec. 514. Mallard Slough, Pittsburg, California. life Mitigation Project, Alabama Sec. 408–409. Arkansas River navigation system. Sec. 515. Port Everglades, Florida. and Mississippi. Sec. 410. Cache Creek basin, California. Sec. 516. Lake Sidney Lanier, Georgia, home Sec. 302. Nogales Wash and tributaries, Sec. 411. Estudillo Canal, San Leandro, Cali- preservation. Nogales, Arizona. Sec. 517. Ballard’s Island, LaSalle County, Illi- Sec. 303. Boydsville, Arkansas. fornia. Sec. 304. White River Basin, Arkansas and Mis- Sec. 412. Laguna Creek, Fremont, California. nois. Sec. 518. Lake Michigan diversion, Illinois. souri. Sec. 413. Lake Merritt, Oakland, California. Sec. 305. Sacramento Deep Water Ship Channel, Sec. 414. Lancaster, California. Sec. 519. Illinois River basin restoration. California. Sec. 415. Oceanside, California. Sec. 520. Koontz Lake, Indiana. Sec. 306. Delaware River Mainstem and Chan- Sec. 416. San Jacinto watershed, California. Sec. 521. West View Shores, Cecil County, nel Deepening, Delaware, New Sec. 417. Suisun Marsh, California. Maryland. Jersey, and Pennsylvania. Sec. 418. Delaware River watershed. Sec. 522. Muddy River, Brookline and Boston, Sec. 307. Rehoboth Beach and Dewey Beach, Sec. 419. Brevard County, Florida. Massachusetts. Delaware. Sec. 420. Choctawhatchee River, Florida. Sec. 523. Soo Locks, Sault Ste. Marie, Michi- Sec. 308. Fernandina Harbor, Florida. Sec. 421. Egmont Key, Florida. gan. Sec. 309. Gasparilla and Estero Islands, Flor- Sec. 422. Upper Ocklawaha River and Apopka/ Sec. 524. Minnesota dam safety. ida. Palatlakaha River basins, Flor- Sec. 525. Bruce F. Vento Unit of the Boundary Sec. 310. East Saint Louis and vicinity, Illinois. ida. Waters Canoe Area Wilderness, Sec. 311. Kaskaskia River, Kaskaskia, Illinois. Sec. 423. Lake Allatoona watershed, Georgia. Minnesota. Sec. 312. Waukegan Harbor, Illinois. Sec. 424. Boise River, Idaho. Sec. 526. Duluth, Minnesota, alternative tech- Sec. 313. Upper Des Plaines River and tribu- Sec. 425. Wood River, Idaho. nology project. taries, Illinois. Sec. 426. Chicago, Illinois. Sec. 527. Minneapolis, Minnesota. Sec. 314. Cumberland, Kentucky. Sec. 427. Chicago sanitary and ship canal sys- Sec. 528. Coastal Mississippi wetlands restora- Sec. 315. Atchafalaya Basin, Louisiana. tem, Chicago, Illinois. tion projects. Sec. 316. Red River Waterway, Louisiana. Sec. 428. Long Lake, Indiana. Sec. 529. Las Vegas, Nevada. Sec. 317. Thomaston Harbor, Georges River, Sec. 429. Brush and Rock Creeks, Mission Hills Sec. 530. Urbanized peak flood management re- Maine. and Fairway, Kansas. search, New Jersey. Sec. 318. Poplar Island, Maryland. Sec. 430. Atchafalaya River, Bayous Chene, Sec. 531. Nepperhan River, Yonkers, New York. Sec. 319. William Jennings Randolph Lake, Boeuf, and Black, Louisiana. Sec. 532. Upper Mohawk River basin, New Maryland. Sec. 431. Boeuf and Black, Louisiana. York. Sec. 320. Breckenridge, Minnesota. Sec. 432. Iberia Port, Louisiana. Sec. 533. Flood damage reduction. Sec. 321. Duluth Harbor, Minnesota. Sec. 433. Lake Pontchartrain Seawall, Lou- Sec. 534. Cuyahoga River, Ohio. Sec. 322. Little Falls, Minnesota. isiana. Sec. 535. Crowder Point, Crowder, Oklahoma. Sec. 323. New Madrid County, Missouri. Sec. 434. Lower Atchafalaya Basin, Louisiana. Sec. 536. Lower Columbia River and Tillamook Sec. 324. Pemiscot County Harbor, Missouri. Sec. 435. St. John the Baptist Parish, Lou- Bay ecosystem restoration, Or- Sec. 325. Fort Peck fish hatchery, Montana. isiana. egon and Washington. Sec. 326. Sagamore Creek, New Hampshire. Sec. 436. South Louisiana. Sec. 537. Access improvements, Raystown Lake, Sec. 327. Passaic River basin flood manage- Sec. 437. Portsmouth Harbor and Piscataqua Pennsylvania. ment, New Jersey. River, Maine and New Hamp- Sec. 538. Upper Susquehanna River basin, Sec. 328. Times Beach Nature Preserve, Buffalo, shire. Pennsylvania and New York. New York. Sec. 438. Merrimack River basin, Massachusetts Sec. 539. Charleston Harbor, South Carolina. Sec. 329. Rockaway Inlet to Norton Point, New and New Hampshire. Sec. 540. Cheyenne River Sioux Tribe, Lower York. Sec. 439. Wild Rice River, Minnesota. Brule Sioux Tribe, and South Da- Sec. 330. Garrison Dam, North Dakota. Sec. 440. Port of Gulfport, Mississippi. kota terrestrial wildlife habitat Sec. 331. Duck Creek, Ohio. Sec. 441. Las Vegas Valley, Nevada. restoration. Sec. 332. John Day Pool, Oregon and Wash- Sec. 442. Upland disposal sites in New Hamp- Sec. 541. Horn Lake Creek and tributaries, Ten- ington. shire. nessee and Mississippi. Sec. 333. Fox Point hurricane barrier, Provi- Sec. 443. Southwest Valley, Albuquerque, New Sec. 542. Lake Champlain watershed, Vermont dence, Rhode Island. Mexico. and New York. Sec. 334. Nonconnah Creek, Tennessee and Mis- Sec. 444. Buffalo Harbor, Buffalo, New York. Sec. 543. Vermont dams remediation. sissippi. Sec. 445. Jamesville Reservoir, Onondaga Coun- Sec. 544. Puget Sound and adjacent waters res- Sec. 335. San Antonio Channel, San Antonio, ty, New York. toration, Washington. Texas. Sec. 446. Bogue Banks, Carteret County, North Sec. 545. Willapa Bay, Washington. Sec. 336. Buchanan and Dickenson Counties, Carolina. Sec. 546. Wynoochee Lake, Wynoochee River, Virginia. Sec. 447. Duck Creek watershed, Ohio. Washington. Sec. 337. Buchanan, Dickenson, and Russell Sec. 448. Fremont, Ohio. Sec. 547. Bluestone, West Virginia. Counties, Virginia. Sec. 449. Steubenville, Ohio. Sec. 548. Lesage/Greenbottom Swamp, West Vir- Sec. 338. Sandbridge Beach, Virginia Beach, ginia. Virginia. Sec. 450. Grand Lake, Oklahoma. Sec. 451. Columbia Slough, Oregon. Sec. 549. Tug Fork River, West Virginia. Sec. 339. Mount St. Helens, Washington. Sec. 550. Southern West Virginia. Sec. 340. Lower Mud River, Milton, West Vir- Sec. 452. Cliff Walk in Newport, Rhode Island. Sec. 453. Quonset Point channel, Rhode Island. Sec. 551. Surfside/Sunset and Newport Beach, ginia. California. Sec. 341. Fox River System, Wisconsin. Sec. 454. Dredged material disposal site, Rhode Island. Sec. 552. Watershed management, restoration, Sec. 342. Chesapeake Bay oyster restoration. and development. Sec. 343. Great Lakes dredging levels adjust- Sec. 455. Reedy River, Greenville, South Caro- lina. Sec. 553. Maintenance of navigation channels. ment. Sec. 554. Hydrographic survey. Sec. 344. Great Lakes remedial action plans and Sec. 456. Chickamauga Lock and Dam, Ten- nessee. Sec. 555. Columbia River treaty fishing access. sediment remediation. Sec. 556. Release of use restriction. Sec. 345. Treatment of dredged material from Sec. 457. Germantown, Tennessee. Long Island Sound. Sec. 458. Milwaukee, Wisconsin. TITLE VI—COMPREHENSIVE EVERGLADES Sec. 346. Declaration of nonnavigability for TITLE V—MISCELLANEOUS PROVISIONS RESTORATION Lake Erie, New York. Sec. 501. Lakes program. Sec. 601. Comprehensive Everglades restoration Sec. 347. Project deauthorizations. Sec. 502. Restoration projects. plan. Sec. 348. Land conveyances. Sec. 503. Support of Army civil works program. Sec. 602. Sense of Congress concerning Home- Sec. 349. Project reauthorizations. Sec. 504. Export of water from Great Lakes. stead Air Force Base. Sec. 350. Continuation of project authoriza- Sec. 505. Great Lakes tributary model. TITLE VII—MISSOURI RIVER tions. Sec. 506. Great Lakes fishery and ecosystem res- RESTORATION, NORTH DAKOTA Sec. 351. Water quality projects. toration. Sec. 701. Short title. TITLE IV—STUDIES Sec. 507. New England water resources and eco- Sec. 702. Findings and purposes. Sec. 401. Studies of completed projects. system restoration. Sec. 703. Definitions. Sec. 402. Lower Mississippi River Resource As- Sec. 508. Visitors centers. Sec. 704. Missouri River Trust. sessment. Sec. 509. CALFED Bay-Delta program assist- Sec. 705. Missouri River Task Force. Sec. 403. Upper Mississippi River Basin sedi- ance, California. Sec. 706. Administration. ment and nutrient study. Sec. 510. Seward, Alaska. Sec. 707. Authorization of appropriations.

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 6343 E:\CR\FM\A31OC7.013 pfrm02 PsN: H31PT1 H11626 CONGRESSIONAL RECORD — HOUSE October 31, 2000

TITLE VIII—WILDLIFE REFUGE (3) RIO DE FLAG, FLAGSTAFF, ARIZONA.—The (A) IN GENERAL.—Projects for ecosystem res- ENHANCEMENT project for flood damage reduction, Rio de Flag, toration, Ohio River Mainstem, Kentucky, Illi- Sec. 801. Short title. Flagstaff, Arizona, at a total cost of $24,072,000, nois, Indiana, Ohio, Pennsylvania, and West Sec. 802. Purpose. with an estimated Federal cost of $15,576,000 Virginia, at a total cost of $307,700,000, with an Sec. 803. Definitions. and an estimated non-Federal cost of $8,496,000. estimated Federal cost of $200,000,000 and an es- Sec. 804. Conveyance of cabin sites. (4) TRES RIOS, ARIZONA.—The project for eco- timated non-Federal cost of $107,700,000. Sec. 805. Rights of nonparticipating lessees. system restoration, Tres Rios, Arizona, at a total (B) NON-FEDERAL SHARE.— Sec. 806. Conveyance to third parties. cost of $99,320,000, with an estimated Federal (i) IN GENERAL.—The non-Federal share of the Sec. 807. Use of proceeds. cost of $62,755,000 and an estimated non-Federal costs of any project under this paragraph may Sec. 808. Administrative costs. cost of $36,565,000. be provided in cash or in the form of in-kind Sec. 809. Revocation of withdrawals. (5) LOS ANGELES HARBOR, CALIFORNIA.—The services or materials. Sec. 810. Authorization of appropriations. project for navigation, Los Angeles Harbor, (ii) CREDIT.—The Secretary shall credit to- TITLE IX—MISSOURI RIVER California, at a total cost of $153,313,000, with ward the non-Federal share of the cost of a RESTORATION, SOUTH DAKOTA an estimated Federal cost of $43,735,000 and an project under this paragraph the cost of design Sec. 901. Short title. estimated non-Federal cost of $109,578,000. and construction work carried out by the non- Sec. 902. Findings and purposes. (6) MURRIETA CREEK, CALIFORNIA.—The Federal interest before the date of execution of Sec. 903. Definitions. project for flood damage reduction and eco- a cooperation agreement for the project if the Sec. 904. Missouri River Trust. system restoration, Murrieta Creek, California, Secretary determines that the work is integral to Sec. 905. Missouri River Task Force. described as alternative 6, based on the District the project. Sec. 906. Administration. Engineer’s Murrieta Creek feasibility report and (17) MORGANZA, LOUISIANA, TO GULF OF MEX- Sec. 907. Authorization of appropriations. environmental impact statement dated October ICO.— SEC. 2. DEFINITION OF SECRETARY. 2000, at a total cost of $89,846,000, with an esti- (A) IN GENERAL.—The project for hurricane In this Act, the term ‘‘Secretary’’ means the mated Federal cost of $25,556,000 and an esti- and storm damage reduction, Morganza, Lou- Secretary of the Army. mated non-Federal cost of $64,290,000. isiana, to the Gulf of Mexico, at a total cost of (7) PINE FLAT DAM, CALIFORNIA.—The project $550,000,000, with an estimated Federal cost of TITLE I—WATER RESOURCES PROJECTS for ecosystem restoration, Pine Flat Dam, Cali- $358,000,000 and an estimated non-Federal cost SEC. 101. PROJECT AUTHORIZATIONS. fornia, at a total cost of $34,000,000, with an es- of $192,000,000. (a) PROJECTS WITH CHIEF’S REPORTS.—The timated Federal cost of $22,000,000 and an esti- (B) CREDIT.—The Secretary shall credit to- following projects for water resources develop- mated non-Federal cost of $12,000,000. ward the non-Federal share of the cost of the ment and conservation and other purposes are (8) SANTA BARBARA STREAMS, LOWER MISSION project the cost of work carried out by the non- authorized to be carried out by the Secretary CREEK, CALIFORNIA.—The project for flood dam- Federal interest for interim flood protection substantially in accordance with the plans, and age reduction, Santa Barbara streams, Lower after March 31, 1989, if the Secretary determines subject to the conditions, described in the re- Mission Creek, California, at a total cost of that the work is integral to the project. spective reports designated in this subsection: $18,300,000, with an estimated Federal cost of (18) MONARCH-CHESTERFIELD, MISSOURI.—The (1) BARNEGAT INLET TO LITTLE EGG INLET, NEW $9,200,000 and an estimated non-Federal cost of project for flood damage reduction, Monarch- JERSEY.—The project for hurricane and storm $9,100,000. Chesterfield, Missouri, at a total cost of damage reduction, Barnegat Inlet to Little Egg (9) UPPER NEWPORT BAY, CALIFORNIA.—The $58,090,000, with an estimated Federal cost of Inlet, New Jersey: Report of the Chief of Engi- project for ecosystem restoration, Upper New- $37,758,500 and an estimated non-Federal cost of neers dated July 26, 2000, at a total cost of port Bay, California, at a total cost of $20,331,500. $51,203,000, with an estimated Federal cost of $32,475,000, with an estimated Federal cost of (19) ANTELOPE CREEK, LINCOLN, NEBRASKA.— $33,282,000 and an estimated non-Federal cost of $21,109,000 and an estimated non-Federal cost of The project for flood damage reduction, Ante- $17,921,000, and at an estimated average annual $11,366,000. lope Creek, Lincoln, Nebraska, at a total cost of cost of $1,751,000 for periodic nourishment over (10) WHITEWATER RIVER BASIN, CALIFORNIA.— $46,310,000, with an estimated Federal cost of the 50-year life of the project, with an estimated The project for flood damage reduction, White- $23,155,000 and an estimated non-Federal cost of annual Federal cost of $1,138,000 and an esti- water River basin, California, at a total cost of $23,155,000. mated annual non-Federal cost of $613,000. $28,900,000, with an estimated Federal cost of (20) SAND CREEK WATERSHED, WAHOO, NE- (2) PORT OF NEW YORK AND NEW JERSEY, NEW $18,800,000 and an estimated non-Federal cost of BRASKA.—The project for ecosystem restoration YORK AND NEW JERSEY.— $10,100,000. and flood damage reduction, Sand Creek water- (A) IN GENERAL.—The project for navigation, (11) DELAWARE COAST FROM CAPE HENLOPEN shed, Wahoo, Nebraska, at a total cost of Port of New York and New Jersey, New York TO FENWICK ISLAND.—The project for hurricane $29,840,000, with an estimated Federal cost of and New Jersey: Report of the Chief of Engi- and storm damage reduction, Delaware Coast $16,870,000 and an estimated non-Federal cost of neers dated May 2, 2000, at a total cost of from Cape Henlopen to Fenwick Island, at a $12,970,000. $1,781,234,000, with an estimated Federal cost of total cost of $5,633,000, with an estimated Fed- (21) WESTERN SARPY AND CLEAR CREEK, NE- $743,954,000 and an estimated non-Federal cost eral cost of $3,661,000 and an estimated non- BRASKA.—The project for flood damage reduc- of $1,037,280,000. Federal cost of $1,972,000, and at an estimated tion, Western Sarpy and Clear Creek, Nebraska, (B) NON-FEDERAL SHARE.— average annual cost of $920,000 for periodic at a total cost of $15,643,000, with an estimated (i) IN GENERAL.—The non-Federal share of the nourishment over the 50-year life of the project, Federal cost of $9,518,000 and an estimated non- costs of the project may be provided in cash or with an estimated annual Federal cost of Federal cost of $6,125,000. in the form of in-kind services or materials. $460,000 and an estimated annual non-Federal (22) RARITAN BAY AND SANDY HOOK BAY, (ii) CREDIT.—The Secretary shall credit to- cost of $460,000. CLIFFWOOD BEACH, NEW JERSEY.—The project for ward the non-Federal share of the cost of the (12) PORT SUTTON, FLORIDA.—The project for hurricane and storm damage reduction, Raritan project the cost of design and construction work navigation, Port Sutton, Florida, at a total cost Bay and Sandy Hook Bay, Cliffwood Beach, carried out by the non-Federal interest before of $7,600,000, with an estimated Federal cost of New Jersey, at a total cost of $5,219,000, with an the date of execution of a cooperation agreement $4,900,000 and an estimated non-Federal cost of estimated Federal cost of $3,392,000 and an esti- for the project if the Secretary determines that $2,700,000. mated non-Federal cost of $1,827,000, and at an the work is integral to the project. (13) BARBERS POINT HARBOR, HAWAII.—The estimated average annual cost of $110,000 for (b) PROJECTS SUBJECT TO FINAL REPORT.—The project for navigation, Barbers Point Harbor, periodic nourishment over the 50-year life of the following projects for water resources develop- Hawaii, at a total cost of $30,003,000, with an es- project, with an estimated annual Federal cost ment and conservation and other purposes are timated Federal cost of $18,524,000 and an esti- of $55,000 and an estimated annual non-Federal authorized to be carried out by the Secretary mated non-Federal cost of $11,479,000. cost of $55,000. substantially in accordance with the plans, and (14) JOHN MYERS LOCK AND DAM, INDIANA AND (23) RARITAN BAY AND SANDY HOOK BAY, PORT subject to the conditions, recommended in a KENTUCKY.—The project for navigation, John MONMOUTH, NEW JERSEY.—The project for hurri- final report of the Chief of Engineers if a favor- Myers Lock and Dam, Indiana and Kentucky, cane and storm damage reduction, Raritan Bay able report of the Chief is completed not later at a total cost of $181,700,000. The costs of con- and Sandy Hook Bay, Port Monmouth, New than December 31, 2000: struction of the project shall be paid 1⁄2 from Jersey, at a total cost of $32,064,000, with an es- (1) FALSE PASS HARBOR, ALASKA.—The project amounts appropriated from the general fund of timated Federal cost of $20,842,000 and an esti- for navigation, False Pass Harbor, Alaska, at a the Treasury and 1⁄2 from amounts appropriated mated non-Federal cost of $11,222,000, and at an total cost of $15,552,000, with an estimated Fed- from the Inland Waterways Trust Fund. estimated average annual cost of $173,000 for eral cost of $9,374,000 and an estimated non- (15) GREENUP LOCK AND DAM, KENTUCKY AND periodic nourishment over the 50-year life of the Federal cost of $6,178,000. OHIO.—The project for navigation, Greenup project, with an estimated annual Federal cost (2) UNALASKA HARBOR, ALASKA.—The project Lock and Dam, Kentucky and Ohio, at a total of $86,500 and an estimated annual non-Federal for navigation, Unalaska Harbor, Alaska, at a cost of $175,500,000. The costs of construction of cost of $86,500. total cost of $20,000,000, with an estimated Fed- the project shall be paid 1⁄2 from amounts appro- (24) DARE COUNTY BEACHES, NORTH CARO- eral cost of $12,000,000 and an estimated non- priated from the general fund of the Treasury LINA.—The project for hurricane and storm Federal cost of $8,000,000, except that the date and 1⁄2 from amounts appropriated from the In- damage reduction, Dare County beaches, North for completion of the favorable report of the land Waterways Trust Fund. Carolina, at a total cost of $71,674,000, with an Chief of Engineers shall be December 31, 2001, (16) OHIO RIVER, KENTUCKY, ILLINOIS, INDI- estimated Federal cost of $46,588,000 and an esti- instead of December 31, 2000. ANA, OHIO, PENNSYLVANIA, AND WEST VIRGINIA.— mated non-Federal cost of $25,086,000, and at an

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estimated average annual cost of $34,990,000 for (14) BAYOU TETE L’OURS, LOUISIANA.—Project (43) FIRST CREEK, FOUNTAIN CITY, KNOXVILLE, periodic nourishment over the 50-year life of the for flood damage reduction, Bayou Tete L’Ours, TENNESSEE.—Project for flood damage reduction, project, with an estimated annual Federal cost Louisiana. First Creek, Fountain City, Knoxville, Ten- of $17,495,000 and an estimated annual non-Fed- (15) BOSSIER CITY, LOUISIANA.—Project for nessee. eral cost of $17,495,000. flood damage reduction, Red Chute Bayou (44) MISSISSIPPI RIVER, RIDGELY, TENNESSEE.— (25) WOLF RIVER, MEMPHIS, TENNESSEE.—The levee, Bossier City, Louisiana. Project for flood damage reduction, Mississippi project for ecosystem restoration, Wolf River, (16) BOSSIER PARISH, LOUISIANA.—Project for River, Ridgely, Tennessee. Memphis, Tennessee, at a total cost of flood damage reduction, Cane Bend Subdivision, (b) MAGPIE CREEK, SACRAMENTO COUNTY, $9,118,000, with an estimated Federal cost of Bossier Parish, Louisiana. CALIFORNIA.—In formulating the project for $5,849,000 and an estimated non-Federal cost of (17) BRAITHWAITE PARK, LOUISIANA.—Project Magpie Creek, California, authorized by section $3,269,000. for flood damage reduction, Braithwaite Park, 102(a)(4) of the Water Resources Development (26) DUWAMISH/GREEN, WASHINGTON.—The Louisiana. Act of 1999 (113 Stat. 281) to be carried out project for ecosystem restoration, Duwamish/ (18) CROWN POINT, LOUISIANA.—Project for under section 205 of the Flood Control Act of Green, Washington, at a total cost of flood damage reduction, Crown Point, Lou- 1948 (33 U.S.C. 701s), the Secretary may consider $112,860,000, with an estimated Federal cost of isiana. benefits from the full utilization of existing im- $73,360,000 and an estimated non-Federal cost of (19) DONALDSONVILLE CANALS, LOUISIANA.— provements at McClellan Air Force Base that $39,500,000. Project for flood damage reduction, would result from the project after conversion of (27) STILLAGUMAISH RIVER BASIN, WASH- Donaldsonville Canals, Louisiana. the base to civilian use. INGTON.—The project for ecosystem restoration, (20) GOOSE BAYOU, LOUISIANA.—Project for SEC. 103. SMALL PROJECTS FOR EMER- Stillagumaish River basin, Washington, at a flood damage reduction, Goose Bayou, Lou- GENCY STREAMBANK PROTECTION. total cost of $23,590,000, with an estimated Fed- isiana. The Secretary shall conduct a study for each eral cost of $15,680,000 and an estimated non- (21) GUMBY DAM, LOUISIANA.—Project for of the following projects and, if the Secretary Federal cost of $7,910,000. flood damage reduction, Gumby Dam, Richland determines that a project is feasible, may carry (28) JACKSON HOLE, WYOMING.— Parish, Louisiana. out the project under section 14 of the Flood (A) IN GENERAL.—The project for ecosystem (22) HOPE CANAL, LOUISIANA.—Project for Control Act of 1946 (33 U.S.C. 701r): restoration, Jackson Hole, Wyoming, at a total flood damage reduction, Hope Canal, Louisiana. (1) MAUMEE RIVER, FORT WAYNE, INDIANA.— cost of $52,242,000, with an estimated Federal (23) JEAN LAFITTE, LOUISIANA.—Project for Project for emergency streambank protection, cost of $33,957,000 and an estimated non-Federal flood damage reduction, Jean Lafitte, Lou- Maumee River, Fort Wayne, Indiana. cost of $18,285,000. isiana. (2) BAYOU DES GLAISES, LOUISIANA.—Project (B) NON-FEDERAL SHARE.— (24) LAKES MAUREPAS AND PONTCHARTRAIN CA- for emergency streambank protection, Bayou des (i) IN GENERAL.—The non-Federal share of the NALS, ST. JOHN THE BAPTIST PARISH, LOU- costs of the project may be provided in cash or Glaises (Lee Chatelain Road), Avoyelles Parish, ISIANA.—Project for flood damage reduction, Louisiana. in the form of in-kind services or materials. Lakes Maurepas and Pontchartrain Canals, St. (ii) CREDIT.—The Secretary shall credit to- (3) BAYOU PLAQUEMINE, LOUISIANA.—Project John the Baptist Parish, Louisiana. ward the non-Federal share of the cost of the for emergency streambank protection, Highway (25) LOCKPORT TO LAROSE, LOUISIANA.— project the cost of design and construction work 77, Bayou Plaquemine, Iberville Parish, Lou- Project for flood damage reduction, Lockport to carried out by the non-Federal interest before isiana. Larose, Louisiana. the date of execution of a cooperation agreement (4) BAYOU SORRELL, IBERVILLE PARISH, LOU- (26) LOWER LAFITTE BASIN, LOUISIANA.— ISIANA.—Project for emergency streambank pro- for the project if the Secretary determines that Project for flood damage reduction, Lower La- the work is integral to the project. tection, Bayou Sorrell, Iberville Parish, Lou- fitte basin, Louisiana. isiana. SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE AKVILLE TO LAREUSSITE LOUISIANA (27) O , .— (5) HAMMOND, LOUISIANA.—Project for emer- REDUCTION. Project for flood damage reduction, Oakville to (a) IN GENERAL.—The Secretary shall conduct gency streambank protection, Fagan Drive LaReussite, Louisiana. a study for each of the following projects and, Bridge, Hammond, Louisiana. (28) PAILET BASIN, LOUISIANA.—Project for if the Secretary determines that a project is fea- (6) IBERVILLE PARISH, LOUISIANA.—Project for flood damage reduction, Pailet basin, Lou- emergency streambank protection, Iberville Par- sible, may carry out the project under section isiana. 205 of the Flood Control Act of 1948 (33 U.S.C. ish, Louisiana. (29) POCHITOLAWA CREEK, LOUISIANA.—Project (7) LAKE ARTHUR, LOUISIANA.—Project for 701s): for flood damage reduction, Pochitolawa Creek, (1) BUFFALO ISLAND, ARKANSAS.—Project for emergency streambank protection, Parish Road Louisiana. flood damage reduction, Buffalo Island, Arkan- 120 at Lake Arthur, Louisiana. (30) ROSETHORN BASIN, LOUISIANA.—Project sas. (8) LAKE CHARLES, LOUISIANA.—Project for for flood damage reduction, Rosethorn basin, (2) ANAVERDE CREEK, PALMDALE, CALI- emergency streambank protection, Pithon Cou- Louisiana. FORNIA.—Project for flood damage reduction, lee, Lake Charles, Calcasieu Parish, Louisiana. (31) SHREVEPORT, LOUISIANA.—Project for Anaverde Creek, Palmdale, California. (9) LOGGY BAYOU, LOUISIANA.—Project for flood damage reduction, Twelve Mile Bayou, (3) CASTAIC CREEK, OLD ROAD BRIDGE, SANTA emergency streambank protection, Loggy Shreveport, Louisiana. CLARITA, CALIFORNIA.—Project for flood damage Bayou, Bienville Parish, Louisiana. (32) STEPHENSVILLE, LOUISIANA.—Project for reduction, Castaic Creek, Old Road bridge, (10) SCOTLANDVILLE BLUFF, LOUISIANA.— flood damage reduction, Stephensville, Lou- Santa Clarita, California. Project for emergency streambank protection, isiana. (4) SANTA CLARA RIVER, OLD ROAD BRIDGE, Scotlandville Bluff, East Baton Rouge Parish, (33) ST. JOHN THE BAPTIST PARISH, LOU- SANTA CLARITA, CALIFORNIA.—Project for flood Louisiana. damage reduction, Santa Clara River, Old Road ISIANA.—Project for flood damage reduction, St. John the Baptist Parish, Louisiana. SEC. 104. SMALL PROJECTS FOR NAVIGATION. bridge, Santa Clarita, California. The Secretary shall conduct a study for each (5) WEISER RIVER, IDAHO.—Project for flood (34) MAGBY CREEK AND VERNON BRANCH, MIS- of the following projects and, if the Secretary damage reduction, Weiser River, Idaho. SISSIPPI.—Project for flood damage reduction, determines that a project is feasible, may carry (6) COLUMBIA LEVEE, COLUMBIA, ILLINOIS.— Magby Creek and Vernon Branch, Lowndes Project for flood damage reduction, Columbia County, Mississippi. out the project under section 107 of the River Levee, Columbia, Illinois. (35) PENNSVILLE TOWNSHIP, SALEM COUNTY, and Harbor Act of 1960 (33 U.S.C. 577): (7) EAST-WEST CREEK, RIVERTON, ILLINOIS.— NEW JERSEY.—Project for flood damage reduc- (1) WHITTIER, ALASKA.—Project for naviga- Project for flood damage reduction, East-West tion, Pennsville Township, Salem County, New tion, Whittier, Alaska. Creek, Riverton, Illinois. Jersey. (2) CAPE CORAL SOUTH SPREADER WATERWAY, (8) PRAIRIE DU PONT, ILLINOIS.—Project for (36) HEMPSTEAD, NEW YORK.—Project for flood FLORIDA.—Project for navigation, Cape Coral flood damage reduction, Prairie Du Pont, Illi- damage reduction, Hempstead, New York. South Spreader Waterway, Lee County, Florida. nois. (37) HIGHLAND BROOK, HIGHLAND FALLS, NEW (3) HOUMA NAVIGATION CANAL, LOUISIANA.— (9) MONROE COUNTY, ILLINOIS.—Project for YORK.—Project for flood damage reduction, Project for navigation, Houma Navigation flood damage reduction, Monroe County, Illi- Highland Brook, Highland Falls, New York. Canal, Terrebonne Parish, Louisiana. nois. (38) LAFAYETTE TOWNSHIP, OHIO.—Project for (4) VIDALIA PORT, LOUISIANA.—Project for (10) WILLOW CREEK, MEREDOSIA, ILLINOIS.— flood damage reduction, Lafayette Township, navigation, Vidalia Port, Louisiana. Project for flood damage reduction, Willow Ohio. (5) EAST TWO RIVERS, TOWER, MINNESOTA.— Creek, Meredosia, Illinois. (39) WEST LAFAYETTE, OHIO.—Project for flood Project for navigation, East Two Rivers, Tower, (11) DYKES BRANCH CHANNEL, LEAWOOD, KAN- damage reduction, West Lafayette, Ohio. Minnesota. SAS.—Project for flood damage reduction, Dykes (40) BEAR CREEK AND TRIBUTARIES, MEDFORD, (6) ERIE BASIN MARINA, BUFFALO, NEW YORK.— Branch channel improvements, Leawood, Kan- OREGON.—Project for flood damage reduction, Project for navigation, Erie Basin marina, Buf- sas. Bear Creek and tributaries, Medford, Oregon. falo, New York. (12) DYKES BRANCH TRIBUTARIES, LEAWOOD, (41) DELAWARE CANAL AND BROCK CREEK, (7) LAKE MICHIGAN, LAKESHORE STATE PARK, KANSAS.—Project for flood damage reduction, YARDLEY BOROUGH, PENNSYLVANIA.—Project for MILWAUKEE, WISCONSIN.—Project for navigation, Dykes Branch tributary improvements, flood damage reduction, Delaware Canal and Lake Michigan, Lakeshore State Park, Mil- Leawood, Kansas. Brock Creek, Yardley Borough, Pennsylvania. waukee, Wisconsin. (13) KENTUCKY RIVER, FRANKFORT, KEN- (42) FRITZ LANDING, TENNESSEE.—Project for (8) SAXON HARBOR, FRANCIS, WISCONSIN.— TUCKY.—Project for flood damage reduction, flood damage reduction, Fritz Landing, Ten- Project for navigation, Saxon Harbor, Francis, Kentucky River, Frankfort, Kentucky. nessee. Wisconsin.

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.016 pfrm02 PsN: H31PT1 H11628 CONGRESSIONAL RECORD — HOUSE October 31, 2000 SEC. 105. SMALL PROJECTS FOR IMPROVEMENT system restoration, Department of Energy 21- cost of the project for aquatic ecosystem restora- OF THE QUALITY OF THE ENVIRON- inch Pipeline Canal, St. Martin Parish, Lou- tion, Salmon River, Idaho, to be carried out MENT. isiana. under section 206 of the Water Resources Devel- The Secretary shall conduct a study for each (11) LAKE BORGNE, LOUISIANA.—Project for opment Act of 1996 (33 U.S.C. 2330) the cost of of the following projects and, if the Secretary aquatic ecosystem restoration, southern shores work (consisting of surveys, studies, and devel- determines that a project is appropriate, may of Lake Borgne, Louisiana. opment of technical data) carried out by the carry out the project under section 1135(a) of (12) LAKE MARTIN, LOUISIANA.—Project for non-Federal interest if the Secretary determines the Water Resources Development Act of 1986 aquatic ecosystem restoration, Lake Martin, that the work is integral to the project. (33 U.S.C. 2309a(a)): Louisiana. SEC. 107. SMALL PROJECTS FOR SHORELINE PRO- (1) NAHANT MARSH, DAVENPORT, IOWA.— (13) LULING, LOUISIANA.—Project for aquatic TECTION. Project for improvement of the quality of the en- ecosystem restoration, Luling Oxidation Pond, The Secretary shall conduct a study for each vironment, Nahant Marsh, Davenport, Iowa. St. Charles Parish, Louisiana. (2) BAYOU SAUVAGE NATIONAL WILDLIFE REF- of the following projects and, if the Secretary (14) MANDEVILLE, LOUISIANA.—Project for determines that a project is feasible, may carry UGE, LOUISIANA.—Project for improvement of the aquatic ecosystem restoration, Mandeville, St. quality of the environment, Bayou Sauvage Na- out the project under section 3 of the Act enti- Tammany Parish, Louisiana. tled ‘‘An Act authorizing Federal participation tional Wildlife Refuge, Orleans Parish, Lou- (15) ST. JAMES, LOUISIANA.—Project for aquat- isiana. in the cost of protecting the shores of publicly ic ecosystem restoration, St. James, Louisiana. owned property’’, approved August 13, 1946 (33 (3) GULF INTRACOASTAL WATERWAY, BAYOU (16) SAGINAW BAY, BAY CITY, MICHIGAN.— U.S.C. 426g): PLAQUEMINE, LOUISIANA.—Project for improve- Project for aquatic ecosystem restoration, Sagi- (1) LAKE PALOURDE, LOUISIANA.—Project for ment of the quality of the environment, Gulf In- naw Bay, Bay City, Michigan. beach restoration and protection, Highway 70, tracoastal Waterway, Bayou Plaquemine, (17) RAINWATER BASIN, NEBRASKA.—Project for Lake Palourde, St. Mary and St. Martin Par- Iberville Parish, Louisiana. aquatic ecosystem restoration, Rainwater Basin, ishes, Louisiana. (4) GULF INTRACOASTAL WATERWAY, MILES 220 Nebraska. (2) ST. BERNARD, LOUISIANA.—Project for TO 222.5, LOUISIANA.—Project for improvement of (18) MINES FALLS PARK, NEW HAMPSHIRE.— the quality of the environment, Gulf Intra- Project for aquatic ecosystem restoration, Mines beach restoration and protection, Bayou Road, coastal Waterway, miles 220 to 222.5, Vermilion Falls Park, New Hampshire. St. Bernard, Louisiana. Parish, Louisiana. (19) NORTH HAMPTON, NEW HAMPSHIRE.— (3) HUDSON RIVER, DUTCHESS COUNTY, NEW (5) GULF INTRACOASTAL WATERWAY, WEEKS Project for aquatic ecosystem restoration, Little YORK.—Project for beach restoration and protec- BAY, LOUISIANA.—Project for improvement of the River Salt Marsh, North Hampton, New Hamp- tion, Hudson River, Dutchess County, New quality of the environment, Gulf Intracoastal shire. York. Waterway, Weeks Bay, Iberia Parish, Lou- (20) CAZENOVIA LAKE, MADISON COUNTY, NEW SEC. 108. SMALL PROJECTS FOR SNAGGING AND isiana. YORK.—Project for aquatic ecosystem restora- SEDIMENT REMOVAL. (6) LAKE FAUSSE POINT, LOUISIANA.—Project tion, Cazenovia Lake, Madison County, New The Secretary shall conduct a study for each for improvement of the quality of the environ- York, including efforts to address aquatic of the following projects and, if the Secretary ment, Lake Fausse Point, Louisiana. invasive plant species. determines that a project is feasible, the Sec- (7) LAKE PROVIDENCE, LOUISIANA.—Project for (21) CHENANGO LAKE, CHENANGO COUNTY, NEW retary may carry out the project under section improvement of the quality of the environment, YORK.—Project for aquatic ecosystem restora- 2 of the Flood Control Act of August 28, 1937 (33 Old River, Lake Providence, Louisiana. tion, Chenango Lake, Chenango County, New U.S.C. 701g): (8) NEW RIVER, LOUISIANA.—Project for improvement of the quality of the environment, York, including efforts to address aquatic (1) SANGAMON RIVER AND TRIBUTARIES, RIV- New River, Ascension Parish, Louisiana. invasive plant species. ERTON, ILLINOIS.—Project for removal of snags AGLE LAKE NEW YORK (9) ERIE COUNTY, OHIO.—Project for improve- (22) E , .—Project for and clearing and straightening of channels for ment of the quality of the environment, Shel- aquatic ecosystem restoration, Eagle Lake, Ti- flood control, Sangamon River and tributaries, don’s Marsh State Nature Preserve, Erie Coun- conderoga, New York. Riverton, Illinois. ty, Ohio. (23) OSSINING, NEW YORK.—Project for aquatic (2) BAYOU MANCHAC, LOUISIANA.—Project for (10) MUSKINGUM COUNTY, OHIO.—Project for ecosystem restoration, Ossining, New York. removal of snags and clearing and straightening improvement of the quality of the environment, (24) SARATOGA LAKE, NEW YORK.—Project for of channels for flood control, Bayou Manchac, Dillon Reservoir watershed, Licking River, aquatic ecosystem restoration, Saratoga Lake, Ascension Parish, Louisiana. Muskingum County, Ohio. New York. (3) BLACK BAYOU AND HIPPOLYTE COULEE, (25) SCHROON LAKE, NEW YORK.—Project for SEC. 106. SMALL PROJECTS FOR AQUATIC ECO- LOUISIANA.—Project for removal of snags and SYSTEM RESTORATION. aquatic ecosystem restoration, Schroon Lake, clearing and straightening of channels for flood (a) IN GENERAL.—The Secretary shall conduct New York. control, Black Bayou and Hippolyte Coulee, a study for each of the following projects and, (26) HIGHLAND COUNTY, OHIO.—Project for Calcasieu Parish, Louisiana. aquatic ecosystem restoration, Rocky Fork if the Secretary determines that a project is ap- SEC. 109. SMALL PROJECT FOR MITIGATION OF propriate, may carry out the project under sec- Lake, Clear Creek floodplain, Highland County, SHORE DAMAGE. tion 206 of the Water Resources Development Ohio. The Secretary shall conduct a study of shore OCKING COUNTY, OHIO.—Project for Act of 1996 (33 U.S.C. 2330): (27) H damage at Puget Island, Columbia River, Wash- aquatic ecosystem restoration, Long Hollow (1) ARKANSAS RIVER, PUEBLO, COLORADO.— ington, to determine if the damage is the result Mine, Hocking County, Ohio. Project for aquatic ecosystem restoration, Ar- of the project for navigation, Columbia River, (28) MIDDLE CUYAHOGA RIVER, KENT, OHIO.— kansas River, Pueblo, Colorado. Washington, authorized by the first section of Project for aquatic ecosystem restoration, Mid- (2) HAYDEN DIVERSION PROJECT, YAMPA RIVER, the Rivers and Harbors Appropriations Act of dle Cuyahoga River, Kent, Ohio. COLORADO.—Project for aquatic ecosystem res- June 13, 1902 (32 Stat. 369), and, if the Secretary (29) TUSCARAWAS COUNTY, OHIO.—Project for toration, Hayden Diversion Project, Yampa determines that the damage is the result of the aquatic ecosystem restoration, Huff Run, River, Colorado. project for navigation and that a project to miti- Tuscarawas County, Ohio. (3) LITTLE ECONLOCKHATCHEE RIVER BASIN, gate the damage is appropriate, the Secretary (30) DELTA PONDS, OREGON.—Project for FLORIDA.—Project for aquatic ecosystem restora- may carry out the project to mitigate the dam- aquatic ecosystem restoration, Delta Ponds, Or- tion, Little Econlockhatchee River basin, Flor- age under section 111 of the River and Harbor egon. ida. Act of 1968 (33 U.S.C. 426i). (4) LOXAHATCHEE SLOUGH, PALM BEACH COUN- (31) CENTRAL AMAZON CREEK, EUGENE, OR- SEC. 110. BENEFICIAL USES OF DREDGED MATE- TY FLORIDA EGON.—Project for aquatic ecosystem restora- , .—Project for aquatic ecosystem res- RIAL. toration, Loxahatchee Slough, Palm Beach tion, Central Amazon Creek, Eugene, Oregon. The Secretary may carry out the following County, Florida. (32) EUGENE MILLRACE, EUGENE, OREGON.— projects under section 204 of the Water Re- (5) STEVENSON CREEK ESTUARY, FLORIDA.— Project for aquatic ecosystem restoration, Eu- Project for aquatic ecosystem restoration, Ste- gene Millrace, Eugene, Oregon. sources Development Act of 1992 (33 U.S.C. venson Creek estuary, Florida. (33) BEAR CREEK WATERSHED, MEDFORD, OR- 2326): (6) CHOUTEAU ISLAND, MADISON COUNTY, ILLI- EGON.—Project for aquatic ecosystem restora- (1) HOUMA NAVIGATION CANAL, LOUISIANA.— NOIS.—Project for aquatic ecosystem restoration, tion, Bear Creek watershed, Medford, Oregon. Project to make beneficial use of dredged mate- Chouteau Island, Madison County, Illinois. (34) LONE PINE AND LAZY CREEKS, MEDFORD, rial from a Federal navigation project that in- (7) BRAUD BAYOU, LOUISIANA.—Project for OREGON.—Project for aquatic ecosystem restora- cludes barrier island restoration at the Houma aquatic ecosystem restoration, Braud Bayou, tion, Lone Pine and Lazy Creeks, Medford, Or- Navigation Canal, Terrebonne Parish, Lou- Spanish Lake, Ascension Parish, Louisiana. egon. isiana. (8) BURAS MARINA, LOUISIANA.—Project for (35) ROSLYN LAKE, OREGON.—Project for (2) MISSISSIPPI RIVER GULF OUTLET, MILE ¥3 aquatic ecosystem restoration, Buras Marina, aquatic ecosystem restoration, Roslyn Lake, Or- TO MILE ¥9, LOUISIANA.—Project to make bene- Buras, Plaquemines Parish, Louisiana. egon. ficial use of dredged material from a Federal (9) COMITE RIVER, LOUISIANA.—Project for (36) TULLYTOWN BOROUGH, PENNSYLVANIA.— navigation project that includes dredging of the aquatic ecosystem restoration, Comite River at Project for aquatic ecosystem restoration, Mississippi River Gulf Outlet, mile ¥3 to mile Hooper Road, Louisiana. Tullytown Borough, Pennsylvania. ¥9, St. Bernard Parish, Louisiana. (10) DEPARTMENT OF ENERGY 21-INCH PIPELINE (b) SALMON RIVER, IDAHO.—The Secretary (3) MISSISSIPPI RIVER GULF OUTLET, MILE 11 TO CANAL, LOUISIANA.—Project for aquatic eco- may credit toward the non-Federal share of the MILE 4, LOUISIANA.—Project to make beneficial

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.019 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11629 use of dredged material from a Federal naviga- ‘‘(1) the Secretary of the Interior; (B) consider the authorities and programs of tion project that includes dredging of the Mis- ‘‘(2) the Secretary of Agriculture; the Department of the Interior and other Fed- sissippi River Gulf Outlet, mile 11 to mile 4, St. ‘‘(3) the Secretary of Commerce; eral agencies in any recommendations con- Bernard Parish, Louisiana. ‘‘(4) the Administrator of the Environmental cerning carrying out projects studied under sub- (4) PLAQUEMINES PARISH, LOUISIANA.—Project Protection Agency; and section (b). to make beneficial use of dredged material from ‘‘(5) the heads of other appropriate agencies. (d) COST SHARING.— a Federal navigation project that includes ‘‘(c) CONSULTATION.—In carrying out an as- (1) ABILITY TO PAY.— marsh creation at the contained submarine sessment under subsection (a), the Secretary (A) IN GENERAL.—Any cost-sharing agreement maintenance dredge sediment trap, Plaquemines shall consult with Federal, tribal, State, inter- for a study under subsection (b) shall be subject Parish, Louisiana. state, and local governmental entities. to the ability of the non-Federal interest to pay. RIORITY IVER ASINS AND ATER (5) ST. LOUIS COUNTY, MINNESOTA.—Project to ‘‘(d) P R B W - (B) USE OF PROCEDURES.—The ability of a make beneficial use of dredged material from a SHEDS.—In selecting river basins and watersheds non-Federal interest to pay shall be determined Federal navigation project in St. Louis County, for assessment under this section, the Secretary by the Secretary in accordance with procedures Minnesota. shall give priority to— established by the Secretary. (6) OTTAWA COUNTY, OHIO.—Project to make ‘‘(1) the Delaware River basin; (2) CREDIT.—The Secretary may credit toward ‘‘(2) the Kentucky River basin; beneficial use of dredged material from a Fed- the non-Federal share of the costs of a study ‘‘(3) the Potomac River basin; eral navigation to protect, restore, and create under subsection (b) the cost of services, studies, ‘‘(4) the Susquehanna River basin; and aquatic and related habitat, East Harbor State supplies, or other in-kind contributions provided Park, Ottawa County, Ohio. ‘‘(5) the Willamette River basin. ‘‘(e) ACCEPTANCE OF CONTRIBUTIONS.—In car- by the non-Federal interest if the Secretary de- SEC. 111. DISPOSAL OF DREDGED MATERIAL ON termines that the services, studies, supplies, and BEACHES. rying out an assessment under subsection (a), the Secretary may accept contributions, in cash other in-kind contributions will facilitate com- Section 217 of the Water Resources Develop- pletion of the study. ment Act of 1999 (113 Stat. 294) is amended by or in kind, from Federal, tribal, State, inter- (e) AUTHORIZATION OF APPROPRIATIONS.— adding at the end the following: state, and local governmental entities to the ex- There is authorized to be appropriated to carry ‘‘(f) FORT CANBY STATE PARK, BENSON BEACH, tent that the Secretary determines that the con- out subsection (b) $5,000,000 for each of fiscal WASHINGTON.—The Secretary may design and tributions will facilitate completion of the as- years 2002 through 2006, of which not more than construct a shore protection project at Fort sessment. $1,000,000 may be used with respect to any 1 In- Canby State Park, Benson Beach, Washington, ‘‘(f) COST-SHARING REQUIREMENTS.— dian tribe. including beneficial use of dredged material ‘‘(1) NON-FEDERAL SHARE.—The non-Federal from a Federal navigation project under section share of the costs of an assessment carried out SEC. 204. ABILITY TO PAY. 145 of the Water Resources Development Act of under this section shall be 50 percent. Section 103(m) of the Water Resources Devel- 1976 (33 U.S.C. 426j) or section 204 of the Water ‘‘(2) CREDIT.— opment Act of 1986 (33 U.S.C. 2213(m)) is amend- Resources Development Act of 1992 (33 U.S.C. ‘‘(A) IN GENERAL.—Subject to subparagraph ed— 2326).’’. (B), the Secretary may credit toward the non- (1) by striking paragraphs (1) and (2) and in- SEC. 112. PETALUMA RIVER, PETALUMA, CALI- Federal share of an assessment under this sec- serting the following: FORNIA. tion the cost of services, materials, supplies, or ‘‘(1) IN GENERAL.—Any cost-sharing agree- (a) IN GENERAL.—The Secretary shall carry other in-kind contributions provided by the non- ment under this section for a feasibility study, out the Petaluma River project, at the city of Federal interests for the assessment. or for construction of an environmental protec- Petaluma, Sonoma County, California, to pro- ‘‘(B) MAXIMUM AMOUNT OF CREDIT.—The tion and restoration project, a flood control vide a 100-year level of flood protection to the credit under subparagraph (A) may not exceed project, a project for navigation, storm damage city in accordance with the detailed project re- an amount equal to 25 percent of the costs of the protection, shoreline erosion, hurricane protec- port of the San Francisco District Engineer, assessment. tion, or recreation, or an agricultural water dated March 1995, at a total cost of $32,227,000. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— supply project, shall be subject to the ability of (b) REIMBURSEMENT.—The Secretary shall re- There is authorized to be appropriated to carry the non-Federal interest to pay. imburse the non-Federal interest for any project out this section $15,000,000.’’. ‘‘(2) CRITERIA AND PROCEDURES.—The ability costs that the non-Federal interest has incurred SEC. 203. TRIBAL PARTNERSHIP PROGRAM. of a non-Federal interest to pay shall be deter- in excess of the non-Federal share of project (a) DEFINITION OF INDIAN TRIBE.—In this sec- mined by the Secretary in accordance with cri- costs, regardless of the date on which the costs tion, the term ‘‘Indian tribe’’ has the meaning teria and procedures in effect under paragraph were incurred. given the term in section 4 of the Indian Self- (3) on the day before the date of enactment of (c) COST SHARING.—For purposes of reim- Determination and Education Assistance Act (25 the Water Resources Development Act of 2000; bursement under subsection (b), cost sharing for U.S.C. 450b). except that such criteria and procedures shall be work performed on the project before the date of (b) PROGRAM.— revised, and new criteria and procedures shall enactment of this Act shall be determined in ac- (1) IN GENERAL.—In cooperation with Indian be developed, not later than 180 days after such cordance with section 103(a) of the Water Re- tribes and the heads of other Federal agencies, date of enactment to reflect the requirements of sources Development Act of 1986 (33 U.S.C. the Secretary may study and determine the fea- such paragraph (3).’’; and 2213(a)). sibility of carrying out water resources develop- (2) in paragraph (3)— TITLE II—GENERAL PROVISIONS ment projects that— (A) by inserting ‘‘and’’ after the semicolon at (A) will substantially benefit Indian tribes; the end of subparagraph (A)(ii); SEC. 201. COOPERATION AGREEMENTS WITH and COUNTIES. (B) by striking subparagraph (B); and (B) are located primarily within Indian coun- Section 221(a) of the Flood Control Act of 1970 (C) by redesignating subparagraph (C) as sub- try (as defined in section 1151 of title 18, United (42 U.S.C. 1962d–5b(a)) is amended in the second paragraph (B). States Code) or in proximity to Alaska Native sentence— SEC. 205. PROPERTY PROTECTION PROGRAM. villages. (1) by striking ‘‘State legislative’’; (a) IN GENERAL.—The Secretary may carry (2) by striking ‘‘State constitutional’’ and in- (2) MATTERS TO BE STUDIED.—A study conducted under paragraph (1) may address— out a program to reduce vandalism and destruc- serting ‘‘constitutional; and tion of property at water resources development (3) by inserting before the period at the end (A) projects for flood damage reduction, environmental restoration and protection, and pres- projects under the jurisdiction of the Depart- the following: ‘‘of the State or a political sub- ment of the Army. division of the State’’. ervation of cultural and natural resources; and (B) such other projects as the Secretary, in co- (b) PROVISION OF REWARDS.—In carrying out SEC. 202. WATERSHED AND RIVER BASIN ASSESS- operation with Indian tribes and the heads of the program, the Secretary may provide rewards MENTS. (including cash rewards) to individuals who Section 729 of the Water Resources Develop- other Federal agencies, determines to be appropriate. provide information or evidence leading to the ment Act of 1986 (100 Stat. 4164) is amended to arrest and prosecution of individuals causing read as follows: (c) CONSULTATION AND COORDINATION WITH SECRETARY OF THE INTERIOR.— damage to Federal property. ‘‘SEC. 729. WATERSHED AND RIVER BASIN AS- (c) AUTHORIZATION OF APPROPRIATIONS.— SESSMENTS. (1) IN GENERAL.—In recognition of the unique role of the Secretary of the Interior concerning There is authorized to be appropriated to carry ‘‘(a) IN GENERAL.—The Secretary may assess trust responsibilities with Indian tribes and in out this section $500,000 for fiscal year 2001 and the water resources needs of river basins and each fiscal year thereafter. watersheds of the United States, including recognition of mutual trust responsibilities, the needs relating to— Secretary shall consult with the Secretary of the SEC. 206. NATIONAL RECREATION RESERVATION SERVICE. ‘‘(1) ecosystem protection and restoration; Interior concerning studies conducted under ‘‘(2) flood damage reduction; subsection (b). Notwithstanding section 611 of the Treasury ‘‘(3) navigation and ports; (2) INTEGRATION OF ACTIVITIES.—The Sec- and General Government Appropriations Act, ‘‘(4) watershed protection; retary shall— 1999 (112 Stat. 2681–515), the Secretary may— ‘‘(5) water supply; and (A) integrate civil works activities of the De- (1) participate in the National Recreation Res- ‘‘(6) drought preparedness. partment of the Army with activities of the De- ervation Service on an interagency basis; and ‘‘(b) COOPERATION.—An assessment under partment of the Interior to avoid conflicts, du- (2) pay the Department of the Army’s share of subsection (a) shall be carried out in coopera- plications of effort, or unanticipated adverse ef- the activities required to implement, operate, tion and coordination with— fects on Indian tribes; and and maintain the Service.

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.021 pfrm02 PsN: H31PT1 H11630 CONGRESSIONAL RECORD — HOUSE October 31, 2000 SEC. 207. INTERAGENCY AND INTERNATIONAL SEC. 210. NONPROFIT ENTITIES. (F) a description of the scope of services per- SUPPORT AUTHORITY. (a) ENVIRONMENTAL DREDGING.—Section 312 formed; and Section 234(d) of the Water Resources Devel- of the Water Resources Development Act of 1990 (G) copies of all certifications in support of opment Act of 1996 (33 U.S.C. 2323a(d)) is (33 U.S.C. 1272) is amended by adding at the end the request. amended— the following: SEC. 212. HYDROELECTRIC POWER PROJECT (1) by striking the first sentence and inserting ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding FUNDING. the following: ‘‘There is authorized to be appro- section 221 of the Flood Control Act of 1970 (42 Section 216 of the Water Resources Develop- priated to carry out this section $250,000 for fis- U.S.C. 1962d–5b), for any project carried out ment Act of 1996 (33 U.S.C. 2321a) is amended— cal year 2001 and each fiscal year thereafter.’’; under this section, a non-Federal sponsor may (1) in subsection (a) by striking ‘‘In carrying and include a nonprofit entity, with the consent of out’’ and all that follows through ‘‘(1) is’’ and (2) in the second sentence by inserting ‘‘out’’ the affected local government.’’. inserting the following: ‘‘In carrying out the op- after ‘‘carry’’. (b) LAKES PROGRAM.—Section 602 of the eration, maintenance, rehabilitation, and mod- SEC. 208. REBURIAL AND CONVEYANCE AUTHOR- Water Resources Development Act of 1986 (100 ernization of a hydroelectric power generating ITY. Stat. 4148–4149) is amended by redesignating facility at a water resources project under the (a) DEFINITION OF INDIAN TRIBE.—In this sec- subsection (d) as subsection (e) and by inserting jurisdiction of the Department of the Army, the tion, the term ‘‘Indian tribe’’ has the meaning after subsection (c) the following: Secretary may, to the extent funds are made given the term in section 4 of the Indian Self- ‘‘(d) NONPROFIT ENTITIES.—Notwithstanding available in appropriations Acts or in accord- Determination and Education Assistance Act (25 section 221 of the Flood Control Act of 1970 (42 ance with subsection (c), take such actions as U.S.C. 450b). U.S.C. 1962d–5b), for any project carried out are necessary to optimize the efficiency of en- (b) REBURIAL.— under this section, a non-Federal interest may ergy production or increase the capacity of the (1) REBURIAL AREAS.—In consultation with af- include a nonprofit entity with the consent of facility, or both, if, after consulting with the fected Indian tribes, the Secretary may identify the affected local government.’’. heads of other appropriate Federal and State and set aside areas at civil works projects of the (c) PROJECT MODIFICATIONS FOR IMPROVE- agencies, the Secretary determines that such ac- Department of the Army that may be used to MENT OF ENVIRONMENT.—Section 1135 of the tions— rebury Native American remains that— Water Resources Development Act of 1986 (33 ‘‘(1) are’’; (A) have been discovered on project land; and U.S.C. 2309a) is amended by redesignating sub- (2) in the first sentence of subsection (b) by (B) have been rightfully claimed by a lineal sections (g) and (h) as subsections (h) and (i), striking ‘‘the proposed uprating’’ and inserting descendant or Indian tribe in accordance with respectively, and by inserting after subsection ‘‘any proposed uprating’’; applicable Federal law. (f) the following: (3) by redesignating subsection (c) as sub- (2) REBURIAL.—In consultation with and with ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding section (e); and the consent of the lineal descendant or the af- section 221 of the Flood Control Act of 1970 (42 (4) by inserting after subsection (b) the fol- fected Indian tribe, the Secretary may recover U.S.C. 1962d–5b), a non-Federal sponsor for any lowing: and rebury, at Federal expense, the remains at project carried out under this section may in- ‘‘(c) USE OF FUNDS PROVIDED BY PREFERENCE the areas identified and set aside under sub- clude a nonprofit entity, with the consent of the CUSTOMERS.—In carrying out this section, the section (b)(1). affected local government.’’. Secretary may accept and expend funds pro- (c) CONVEYANCE AUTHORITY.— vided by preference customers under Federal (1) IN GENERAL.—Subject to paragraph (2), SEC. 211. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES. law relating to the marketing of power. notwithstanding any other provision of law, the ‘‘(d) APPLICATION.—This section does not Secretary may convey to an Indian tribe for use (a) DEFINITION OF STATE.—In this section, the term ‘‘State’’ has the meaning given the term in apply to any facility of the Department of the as a cemetery an area at a civil works project Army that is authorized to be funded under sec- that is identified and set aside by the Secretary section 6501 of title 31, United States Code. (b) AUTHORITY.—The Corps of Engineers may tion 2406 of the Energy Policy Act of 1992 (16 under subsection (b)(1). provide specialized or technical services to a U.S.C. 839d–1).’’. (2) RETENTION OF NECESSARY PROPERTY INTER- Federal agency (other than an agency of the SEC. 213. ASSISTANCE PROGRAMS. ESTS.—In carrying out paragraph (1), the Sec- Department of Defense) or a State or local gov- (a) CONSERVATION AND RECREATION MANAGE- retary shall retain any necessary right-of-way, MENT.—To further training and educational op- easement, or other property interest that the ernment under section 6505 of title 31, United States Code, only if the chief executive of the re- portunities at water resources development Secretary determines to be necessary to carry projects under the jurisdiction of the Secretary, out the authorized purposes of the project. questing entity submits to the Secretary— (1) a written request describing the scope of the Secretary may enter into cooperative agree- SEC. 209. FLOODPLAIN MANAGEMENT REQUIRE- the services to be performed and agreeing to re- ments with non-Federal public and nonprofit MENTS. imburse the Corps for all costs associated with entities for services relating to natural resources (a) IN GENERAL.—Section 402(c) of the Water conservation or recreation management. Resources Development Act of 1986 (33 U.S.C. the performance of the services; and (2) a certification that includes adequate facts (b) RURAL COMMUNITY ASSISTANCE.—In car- 701b–12(c)) is amended— rying out studies and projects under the juris- (1) in the first sentence of paragraph (1) by to establish that the services requested are not reasonably and quickly available through ordi- diction of the Secretary, the Secretary may enter striking ‘‘Within 6 months after the date of the into cooperative agreements with multistate re- enactment of this subsection, the’’ and inserting nary business channels. (c) CORPS AGREEMENT TO PERFORM SERV- gional private nonprofit rural community assist- ‘‘The’’; ance entities for services, including water re- (2) by redesignating paragraph (2) as para- ICES.—The Secretary, after receiving a request described in subsection (b) to provide specialized source assessment, community participation, graph (3); planning, development, and management activi- (3) by striking ‘‘Such guidelines shall ad- or technical services, shall, before entering into ties. dress’’ and inserting the following: an agreement to perform the services— (c) COOPERATIVE AGREEMENTS.—A cooperative ‘‘(2) REQUIRED ELEMENTS.—The guidelines de- (1) ensure that the requirements of subsection agreement entered into under this section shall veloped under paragraph (1) shall— (b) are met with regard to the request for serv- not be considered to be, or treated as being, a ‘‘(A) address’’; and ices; and (4) in paragraph (2) (as designated by para- (2) execute a certification that includes ade- cooperative agreement to which chapter 63 of graph (3) of this subsection)— quate facts to establish that the Corps is unique- title 31, United States Code, applies. (A) by inserting ‘‘to be undertaken by non- ly equipped to perform such services. SEC. 214. FUNDING TO PROCESS PERMITS. Federal interests to’’ after ‘‘policies’’; (d) ANNUAL REPORT TO CONGRESS.— (a) IN GENERAL.—In fiscal years 2001 through (B) by striking the period at the end and in- (1) IN GENERAL.—Not later than the last day 2003, the Secretary, after public notice, may ac- serting ‘‘; and’’; and of each calendar year, the Secretary shall pro- cept and expend funds contributed by non-Fed- (C) by adding at the end the following: vide to the Committee on Transportation and eral public entities to expedite the evaluation of ‘‘(B) address those measures to be undertaken Infrastructure of the House of Representatives permits under the jurisdiction of the Department by non-Federal interests to preserve the level of and the Committee on Environment and Public of the Army. flood protection provided by a project to which Works of the Senate a report identifying any re- (b) EFFECT ON PERMITTING.—In carrying out subsection (a) applies.’’. quest submitted by a Federal agency (other than this section, the Secretary shall ensure that the (b) APPLICABILITY.—The amendments made by an agency of the Department of Defense) or a use of funds accepted under subsection (a) will subsection (a) shall apply to any project or sep- State or local government to the Corps to pro- not impact impartial decisionmaking with re- arable element of a project with respect to which vide specialized or technical services. spect to permits, either substantively or proce- the Secretary and the non-Federal interest have (2) CONTENTS OF REPORT.—The report shall durally. not entered a project cooperation agreement on include, with respect to each request described SEC. 215. DREDGED MATERIAL MARKETING AND or before the date of enactment of this Act. in paragraph (1)— RECYCLING. (c) TECHNICAL AMENDMENTS.—Section 402(b) (A) a description of the scope of services re- (a) DREDGED MATERIAL MARKETING.— of the Water Resources Development Act of 1986 quested; (1) IN GENERAL.—Not later than 180 days after (33 U.S.C. 701b–12(b)) is amended— (B) the certifications required under sub- the date of enactment of this Act, the Secretary (1) in the subsection heading by striking section (b) and (c); shall establish a program to allow the direct ‘‘FLOOD PLAIN’’ and inserting ‘‘FLOODPLAIN’’; (C) the status of the request; marketing of dredged material to public agencies and (D) the estimated and final cost of the serv- and private entities. (2) in the first sentence by striking ‘‘flood ices; (2) LIMITATIONS.—The Secretary shall not es- plain’’ and inserting ‘‘floodplain’’. (E) the status of reimbursement; tablish the program under paragraph (1) unless

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.023 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11631 the Secretary determines that the program is in structure of the House of Representatives, and generation facilities, mattress laying, recreation the interest of the United States and is economi- the Committee on Environment and Public facilities, and other water resources facilities. cally justified, equitable, and environmentally Works of the Senate a report that includes— (b) DESIGN-BUILD DEFINED.—In this section, acceptable. (A) the results of the study conducted under the term ‘‘design-build’’ means an agreement be- (3) REGIONAL RESPONSIBILITY.—The program paragraphs (1) and (2); and tween the Federal Government and a contractor described in paragraph (1) may authorize each (B) in light of the results of the study, specific that provides for both the design and construc- of the 8 division offices of the Corps of Engi- recommendations, if any, on a program for im- tion of a project by a single contract. neers to market to public agencies and private plementing independent peer review of feasi- (c) REPORT.—Not later than 4 years after the entities any dredged material from projects bility reports. date of enactment of this Act, the Secretary under the jurisdiction of the regional office. (4) AUTHORIZATION OF APPROPRIATIONS.— shall transmit to Congress a report on the re- Any revenues generated from any sale of There is authorized to be appropriated to carry sults of the pilot program. dredged material to such entities shall be depos- out this subsection $1,000,000, to remain avail- SEC. 222. ENHANCED PUBLIC PARTICIPATION. ited in the United States Treasury. able until expended. (a) IN GENERAL.—Section 905 of the Water Re- (4) REPORTS.—Not later than 180 days after (c) INDEPENDENT PEER REVIEW OF METHODS sources Development Act of 1986 (33 U.S.C. 2282) the date of enactment of this Act, and annually FOR PROJECT ANALYSIS.— is amended by adding at the end the following: thereafter for a period of 4 years, the Secretary (1) IN GENERAL.—Not later than 90 days after ‘‘(e) ENHANCED PUBLIC PARTICIPATION.— shall transmit to Congress a report on the pro- the date of enactment of this Act, the Secretary ‘‘(1) IN GENERAL.—The Secretary shall estab- gram established under paragraph (1). shall contract with the Academy to conduct a lish procedures to enhance public participation (5) AUTHORIZATION OF APPROPRIATIONS.— study that includes— in the development of each feasibility study There is authorized to be appropriated to carry (A) a review of state-of-the-art methods; under subsection (a), including, if appropriate, out this subsection $2,000,000 for each fiscal (B) a review of the methods currently used by establishment of a stakeholder advisory group to year. the Secretary; assist the Secretary with the development of the (b) DREDGED MATERIAL RECYCLING.— (C) a review of a sample of instances in which study. (1) PILOT PROGRAM.—The Secretary shall con- the Secretary has applied the methods identified ‘‘(2) MEMBERSHIP.—If the Secretary provides duct a pilot program to provide incentives for under subparagraph (B) in the analysis of each for the establishment of a stakeholder advisory the removal of dredged material from confined type of water resources project; and group under this subsection, the membership of disposal facilities associated with Corps of Engi- (D) a comparative evaluation of the basis and the advisory group shall include balanced rep- neer navigation projects for the purpose of recy- validity of state-of-the-art methods identified resentation of social, economic, and environ- cling the dredged material and extending the under subparagraph (A) and the methods iden- mental interest groups, and such members shall life of the confined disposal facilities. tified under subparagraphs (B) and (C). serve on a voluntary, uncompensated basis. (2) REPORT.—Not later than 90 days after the (2) ACADEMY REPORT.—Not later than 1 year ‘‘(3) LIMITATION.—Procedures established date of completion of the pilot program, the Sec- after the date of a contract under paragraph under this subsection shall not delay develop- retary shall transmit to Congress a report on the (1), the Academy shall transmit to the Secretary, ment of any feasibility study under subsection results of the program. the Committee on Transportation and Infra- (a).’’. (3) AUTHORIZATION OF APPROPRIATIONS.— structure of the House of Representatives, and SEC. 223. MONITORING. There is authorized to be appropriated to carry the Committee on Environment and Public (a) IN GENERAL.—The Secretary shall conduct out this subsection $2,000,000, except that not to Works of the Senate a report that includes— exceed $1,000,000 may be expended with respect (A) the results of the study conducted under a monitoring program of the economic and envi- to any project. paragraph (1); and ronmental results of up to 5 eligible projects selected by the Secretary. SEC. 216. NATIONAL ACADEMY OF SCIENCES (B) in light of the results of the study, specific (b) DURATION.—The monitoring of a project STUDY. recommendations for modifying any of the meth- selected by the Secretary under this section (a) DEFINITIONS.—In this section, the fol- ods currently used by the Secretary for con- lowing definitions apply: ducting economic and environmental analyses shall be for a period of not less than 12 years beginning on the date of its selection. (1) ACADEMY.—The term ‘‘Academy’’ means of water resources projects. (c) REPORTS.—The Secretary shall transmit to the National Academy of Sciences. (3) AUTHORIZATION OF APPROPRIATIONS.— (2) METHOD.—The term ‘‘method’’ means a There is authorized to be appropriated to carry Congress every 3 years a report on the perform- method, model, assumption, or other pertinent out this subsection $2,000,000. Such sums shall ance of each project selected under this section. planning tool used in conducting an economic remain available until expended. (d) ELIGIBLE PROJECT DEFINED.—In this sec- or environmental analysis of a water resources tion, the term ‘‘eligible project’’ means a water SEC. 217. REHABILITATION OF FEDERAL FLOOD resources project, or separable element thereof— project, including the formulation of a feasi- CONTROL LEVEES. (1) for which a contract for physical construc- bility report. Section 110(e) of the Water Resources Develop- tion has not been awarded before the date of en- (3) FEASIBILITY REPORT.—The term ‘‘feasi- ment Act of 1990 (104 Stat. 4622) is amended by actment of this Act; bility report’’ means each feasibility report, and striking ‘‘1992,’’ and all that follows through (2) that has a total cost of more than each associated environmental impact statement ‘‘1996’’ and inserting ‘‘2001 through 2005’’. $25,000,000; and and mitigation plan, prepared by the Corps of SEC. 218. MAXIMUM PROGRAM EXPENDITURES Engineers for a water resources project. (3)(A) that has as a benefit-to-cost ratio of FOR SMALL FLOOD CONTROL less than 1.5 to 1; or (4) WATER RESOURCES PROJECT.—The term PROJECTS. (B) that has significant environmental bene- ‘‘water resources project’’ means a project for Section 205 of the Flood Control Act of 1948 fits or significant environmental mitigation com- navigation, a project for flood control, a project (33 U.S.C. 701s) is amended in the first sentence ponents. for hurricane and storm damage reduction, a by striking ‘‘$40,000,000’’ and inserting (e) COSTS.—The cost of conducting monitoring project for emergency streambank and shore ‘‘$50,000,000’’. under this section shall be a Federal expense. protection, a project for ecosystem restoration SEC. 219. ENGINEERING CONSULTING SERVICES. SEC. 224. FISH AND WILDLIFE MITIGATION. and protection, and a water resources project of In conducting a feasibility study for a water (a) DESIGN OF MITIGATION PROJECTS.—Section any other type carried out by the Corps of Engi- resources project, the Secretary, to the maximum 906(d) of the Water Resources Development Act neers. extent practicable, should not employ a person of 1986 (33 U.S.C. 2283(d)) is amended— (b) INDEPENDENT PEER REVIEW OF for engineering and consulting services if the (1) by striking ‘‘(1)’’ and inserting ‘‘(A)’’; PROJECTS.— same person is also employed by the non-Fed- (1) IN GENERAL.—Not later than 90 days after (2) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; eral interest for such services unless there is the date of enactment of this Act, the Secretary (3) by striking ‘‘(d) After the date of enact- only 1 qualified and responsive bidder for such shall contract with the Academy to study, and ment of this Act,’’ and inserting the following: services. make recommendations relating to, the inde- ‘‘(d) MITIGATION PLANS AS PART OF PROJECT pendent peer review of feasibility reports. SEC. 220. BEACH RECREATION. PROPOSALS.— (2) STUDY ELEMENTS.—In carrying out a con- Not later than 1 year after the date of enact- ‘‘(1) IN GENERAL.—After November 17, 1986,’’; tract under paragraph (1), the Academy shall ment of this Act, the Secretary shall develop (4) by adding at the end the following: study the practicality and efficacy of the inde- and implement procedures to ensure that all of ‘‘(2) DESIGN OF MITIGATION PROJECTS.—The pendent peer review of the feasibility reports, the benefits of a beach restoration project, in- Secretary shall design mitigation projects to re- including— cluding those benefits attributable to recreation, flect contemporary understanding of the science (A) the cost, time requirements, and other con- hurricane and storm damage reduction, and en- of mitigating the adverse environmental impacts siderations relating to the implementation of vironmental protection and restoration, are dis- of water resources projects.’’; and independent peer review; and played in reports for such projects. (5) by aligning the remainder of the text of (B) objective criteria that may be used to de- SEC. 221. DESIGN-BUILD CONTRACTING. paragraph (1) (as designated by paragraph (3) termine the most effective application of inde- (a) PILOT PROGRAM.—The Secretary may con- of this subsection) with paragraph (2) (as added pendent peer review to feasibility reports for duct a pilot program consisting of not more than by paragraph (4) of this subsection). each type of water resources project. 5 authorized projects to test the design-build (b) CONCURRENT MITIGATION.— (3) ACADEMY REPORT.—Not later than 1 year method of project delivery on various authorized (1) INVESTIGATION.— after the date of a contract under paragraph civil works projects of the Corps of Engineers, (A) IN GENERAL.—The Comptroller General (1), the Academy shall submit to the Secretary, including levees, pumping plants, revetments, shall conduct an investigation of the effective- the Committee on Transportation and Infra- dikes, dredging, weirs, dams, retaining walls, ness of the concurrent mitigation requirements

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.025 pfrm02 PsN: H31PT1 H11632 CONGRESSIONAL RECORD — HOUSE October 31, 2000 of section 906 of the Water Resources Develop- eration, maintenance, or modification of the SEC. 302. NOGALES WASH AND TRIBUTARIES, ment Act of 1986 (33 U.S.C. 2283). In carrying water resource development projects, or grant NOGALES, ARIZONA. out the investigation, the Comptroller General such other interests as the Secretary may deter- The project for flood control, Nogales Wash shall determine— mine to be reasonable in the public interest; and and tributaries, Nogales, Arizona, authorized by (i) whether or not there are instances in (3) acquire, in accordance with subsections (c) section 101(a)(4) of the Water Resources Devel- which less than 50 percent of required mitiga- and (d), lands from willing sellers to offset the opment Act of 1990 (104 Stat. 4606), and modified tion is completed before initiation of project con- removal of any lands from the Mitigation by section 303 of the Water Resources Develop- struction and the number of such instances; and Project for the purposes listed in subsection ment Act of 1996 (110 Stat. 3711), is further modi- (ii) the extent to which mitigation projects re- (a)(2) of this section. fied to provide that the Federal share of the store natural hydrologic conditions, restore na- (b) REMOVAL PROCESS.—Beginning on the costs associated with addressing flood control tive vegetation, and otherwise support native date of enactment of this Act, the locations of problems in Nogales, Arizona, arising from fish and wildlife species. these lands to be removed will be determined at floodwater flows originating in Mexico shall be (B) SPECIAL RULE.—In carrying out subpara- appropriate time intervals at the discretion of 100 percent. graph (A)(ii), the Comptroller General shall— the Secretary, in consultation with appropriate SEC. 303. BOYDSVILLE, ARKANSAS. (i) establish a panel of independent scientists, Federal and State fish and wildlife agencies, to The Secretary shall credit toward the non- comprised of individuals with expertise and ex- facilitate the operation of the water resource de- Federal share of the cost the study to determine perience in applicable scientific disciplines, to velopment projects and to respond to regional the feasibility of the reservoir and associated im- assist the Comptroller General; and needs related to the project. Removals under provements in the vicinity of Boydsville, Arkan- (ii) assess methods used by the Corps of Engi- this subsection shall be restricted to Project sas, authorized by section 402 of the Water Re- neers to monitor and evaluate mitigation Lands designated for mitigation and shall not sources Development Act of 1999 (113 Stat. 322), projects, and compare Corps of Engineers miti- include lands purchased exclusively for mitiga- not more than $250,000 of the costs of the plan- gation project design, construction, monitoring, tion purposes (known as Separable Mitigation ning and engineering investigations carried out and evaluation practices with those used in Lands). Parcel identification, removal, and sale by State and local agencies if the Secretary de- other publicly and privately financed mitigation may occur assuming acreage acquisitions pursu- termines that the investigations are integral to projects. ant to subsection (d) are at least equal to the the study. (2) REPORT.—Not later than 1 year after the total acreage of the lands removed. SEC. 304. WHITE RIVER BASIN, ARKANSAS AND date of enactment of this Act, the Comptroller (c) LANDS TO BE SOLD.— MISSOURI. General shall transmit to Congress a report on (1) Lands to be sold or exchanged pursuant to (a) IN GENERAL.—Subject to subsection (b), the results of the investigation. subsection (a)(2) shall be made available for re- the project for flood control, power generation, SEC. 225. FEASIBILITY STUDIES AND PLANNING, lated uses consistent with other uses of the and other purposes at the White River Basin, ENGINEERING, AND DESIGN. water resource development project lands (in- Arkansas and Missouri, authorized by section 4 Section 105(a)(1)(E) of the Water Resources cluding port, industry, transportation, recre- of the Rivers and Harbors Act of June 28, 1938 Development Act of 1986 (33 U.S.C. ation, and other regional needs for the project). (52 Stat. 1218), and modified by House Document 2215(a)(1)(E)) is amended by striking ‘‘Not more (2) Any valuation of land sold or exchanged 917, 76th Congress, 3d Session, and House Docu- than 1⁄2 of the’’ and inserting ‘‘The’’. pursuant to this section shall be at fair market ment 290, 77th Congress, 1st Session, approved SEC. 226. ADMINISTRATIVE COSTS OF LAND CON- value as determined by the Secretary. August 18, 1941, and House Document 499, 83d VEYANCES. (3) The Secretary is authorized to accept mon- Congress, 2d Session, approved September 3, Notwithstanding any other provision of law, etary consideration and to use such funds with- 1954, and by section 304 of the Water Resources the administrative costs associated with the con- out further appropriation to carry out sub- Development Act of 1996 (110 Stat. 3711), is fur- veyance of property by the Secretary to a non- section (a)(3). All monetary considerations made ther modified to authorize the Secretary to pro- Federal governmental or nonprofit entity shall available to the Secretary under subsection vide minimum flows necessary to sustain tail be limited to the extent that the Secretary deter- (a)(2) from the sale of lands shall be used for water trout fisheries by reallocating the fol- mines that such limitation is necessary to com- and in support of acquisitions pursuant to sub- lowing recommended amounts of project storage: plete the conveyance based on the entity’s abil- section (d). The Secretary is further authorized (1) Beaver Lake, 1.5 feet. ity to pay. for purposes of this section to purchase up to (2) Table Rock, 2 feet. (3) Bull Shoals Lake, 5 feet. SEC. 227. FLOOD MITIGATION AND RIVERINE RES- 1,000 acres from funds otherwise available. (4) Norfolk Lake, 3.5 feet. TORATION. (d) CRITERIA FOR LAND TO BE ACQUIRED.— (5) Greers Ferry Lake, 3 feet. Section 212(e) of the Water Resources Develop- The Secretary shall consult with the appro- (b) REPORT.— ment Act of 1999 (33 U.S.C. 2332(e)) is amend- priate Federal and State fish and wildlife agen- (1) IN GENERAL.—No funds may be obligated to ed— cies in selecting the lands to be acquired pursu- carry out work on the modification under sub- (1) by striking ‘‘and’’ at the end of paragraph ant to subsection (a)(3). In selecting the lands to section (a) until the Chief of Engineers, through (22); be acquired, bottomland hardwood and associ- completion of a final report, determines that the (2) by striking the period at the end of para- ated habitats will receive primary consideration. work is technically sound, environmentally ac- graph (23) and inserting ‘‘; and’’; and The lands shall be adjacent to lands already in ceptable, and economically justified. (3) by adding at the end the following: the Mitigation Project unless otherwise agreed (2) TIMING.—Not later than January 1, 2002, ‘‘(24) Perry Creek, Iowa; to by the Secretary and the fish and wildlife the Secretary shall transmit to Congress the ‘‘(25) Lester, St. Louis, East Savanna, and agencies. final report. Floodwood Rivers, Duluth, Minnesota; (e) DREDGED MATERIAL DISPOSAL SITES.—The (3) CONTENTS.—The final report shall include ‘‘(26) Lower Hudson River and tributaries, Secretary shall utilize dredged material disposal determinations concerning whether— New York; areas in such a manner as to maximize their (A) the modification under subsection (a) ad- ‘‘(27) Susquehanna River watershed, Bradford reuse by disposal and removal of dredged mate- versely affects other authorized project pur- County, Pennsylvania; and rials, in order to conserve undisturbed disposal poses; and ‘‘(28) Clear Creek, Harris, Galveston, and areas for wildlife habitat to the maximum extent (B) Federal costs will be incurred in connec- Brazoria Counties, Texas.’’. practicable. Where the habitat value loss due to tion with the modification. TITLE III—PROJECT-RELATED reuse of disposal areas cannot be offset by the SEC. 305. SACRAMENTO DEEP WATER SHIP CHAN- PROVISIONS reduced need for other unused disposal sites, the NEL, CALIFORNIA. SEC. 301. TENNESSEE-TOMBIGBEE WATERWAY Secretary shall determine, in consultation with The project for navigation, Sacramento Deep WILDLIFE MITIGATION PROJECT, Federal and State fish and wildlife agencies, Water Ship Channel, California, authorized by ALABAMA AND MISSISSIPPI. and ensure full mitigation for any habitat value section 202(a) of the Water Resources Develop- (a) GENERAL.—The Tennessee-Tombigbee Wa- lost as a result of such reuse. ment Act of 1986 (100 Stat. 4092), is modified to terway Wildlife Mitigation Project, Alabama (f) OTHER MITIGATION LANDS.—The Secretary authorize the Secretary to credit toward the and Mississippi, authorized by section 601(a) of is also authorized to transfer by lease, easement, non-Federal share of the cost of the project the Public Law 99–662 (100 Stat. 4138) is modified to license, or permit lands acquired for the Wildlife value of dredged material from the project that authorize the Secretary to— Mitigation Project pursuant to section 601(a) of is purchased by public agencies or nonprofit en- (1) remove the wildlife mitigation purpose des- Public Law 99–662, in consultation with Federal tities for environmental restoration or other ben- ignation from up to 3,000 acres of land as nec- and State fish and wildlife agencies, when such eficial uses if the Secretary determines that the essary over the life of the project from lands transfers are necessary to address transpor- use of such dredged material is technically originally acquired for water resource develop- tation, utility, and related activities. The Sec- sound, environmentally acceptable, and eco- ment projects included in the Mitigation Project retary shall ensure full mitigation for any wild- nomically justified. in accordance with the Report of the Chief of life habitat value lost as a result of such sale or SEC. 306. DELAWARE RIVER MAINSTEM AND Engineers dated August 31, 1985; transfer. Habitat value replacement require- CHANNEL DEEPENING, DELAWARE, (2) sell or exchange such lands in accordance ments shall be determined by the Secretary in NEW JERSEY, AND PENNSYLVANIA. with subsection (c)(1) and under such condi- consultation with the appropriate fish and wild- The project for navigation, Delaware River tions as the Secretary determines to be necessary life agencies. Mainstem and Channel Deepening, Delaware, to protect the interests of the United States, uti- (g) REPEAL.—Section 102 of the Water Re- New Jersey, and Pennsylvania, authorized by lize such lands as the Secretary determines to be sources Development Act of 1992 (106 Stat. 4804) section 101(6) of the Water Resources Develop- appropriate in connection with development, op- is amended by striking subsection (a). ment Act of 1992 (106 Stat. 4802) and modified by

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.026 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11633 section 308 of the Water Resources Development SEC. 313. UPPER DES PLAINES RIVER AND TRIBU- SEC. 318. POPLAR ISLAND, MARYLAND. Act of 1999 (113 Stat. 300), is further modified to TARIES, ILLINOIS. (a) IN GENERAL.—The project for the bene- authorize the Secretary to credit toward the The Secretary shall credit toward the non- ficial use of dredged material at Poplar Island, non-Federal share of the cost of the project Federal share of the cost of the study to deter- Maryland, authorized by section 537 of the under section 101(a)(2) of the Water Resources mine the feasibility of improvements to the Water Resources Development Act of 1996 (110 Development Act of 1986 (33 U.S.C. 2211(a)(2)) upper Des Plaines River and tributaries, phase Stat. 3776), is modified— the costs incurred by the non-Federal interests 2, Illinois and Wisconsin, authorized by section (1) to provide that the non-Federal share of in providing additional capacity at dredged ma- 419 of the Water Resources Development Act of the cost of the project may be provided in cash terial disposal areas, providing community ac- 1999 (113 Stat. 324), the cost of work carried out or in the form of in-kind services or materials; cess to the project (including such disposal by the non-Federal interests before the date of and areas), and meeting applicable beautification re- execution of the study cost-sharing agreement (2) to direct the Secretary to credit toward the quirements. if— non-Federal share of the cost of a project the (1) the Secretary and the non-Federal inter- cost of design and construction work carried out SEC. 307. REHOBOTH BEACH AND DEWEY BEACH, DELAWARE. ests enter into a cost-sharing agreement for the by the non-Federal interest before the date of study; and execution of a cooperation agreement for the The project for storm damage reduction and (2) the Secretary determines that the work is project if the Secretary determines that the work shoreline protection, Rehoboth Beach and integral to the study. is integral to the project. Dewey Beach, Delaware, authorized by section (b) REDUCTION.—The private sector perform- 101(b)(6) of the Water Resources Development SEC. 314. CUMBERLAND, KENTUCKY. ance goals for engineering work of the Balti- Act of 1996 (110 Stat. 3667), is modified to au- The Secretary shall initiate construction, more District of the Corps of Engineers shall be thorize the project to be carried out at a total using continuing contracts, of the city of Cum- reduced by the amount of the credit under sub- cost of $13,997,000, with an estimated Federal berland, Kentucky, flood control project, au- section (a)(2). cost of $9,098,000 and an estimated non-Federal thorized by section 202(a) of the Energy and cost of $4,899,000, and an estimated average an- Water Development Appropriation Act, 1981 (94 SEC. 319. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND. nual cost of $1,320,000 for periodic nourishment Stat. 1339), in accordance with option 4 in the (a) IN GENERAL.—The Secretary may provide over the 50-year life of the project, with an esti- detailed project report, dated September 1998, as design and construction assistance for rec- mated annual Federal cost of $858,000 and an modified, to prevent losses from a flood equal in reational facilities in the State of Maryland at estimated annual non-Federal cost of $462,000. magnitude to the April 1977 level by providing protection from the 100-year frequency event the William Jennings Randolph Lake (Bloom- SEC. 308. FERNANDINA HARBOR, FLORIDA. and to share all costs in accordance with section ington Dam), Maryland and West Virginia, The project for navigation, Fernandina Har- 103 of Public Law 99–662, as amended. project authorized by section 203 of the Flood bor, Florida, authorized by the first section of SEC. 315. ATCHAFALAYA BASIN, LOUISIANA. Control Act of 1962 (76 Stat. 1182). the Act entitled ‘‘An Act making appropriations (a) IN GENERAL.—Notwithstanding the report (b) NON-FEDERAL SHARE.—The Secretary shall for the construction, repair, completion, and of the Chief of Engineers, dated February 28, require the non-Federal interest to provide 50 preservation of certain works on rivers and har- 1983, for the project for flood control, percent of the costs of designing and con- bors, and for other purposes’’, approved June Atchafalaya Basin Floodway System, Lou- structing the recreational facilities under sub- 14, 1880 (21 Stat. 186), is modified to authorize isiana, authorized by section 601(a) of the Water section (a). the Secretary to realign the access channel in Resources Development Act of 1986 (100 Stat. SEC. 320. BRECKENRIDGE, MINNESOTA. the vicinity of the Fernandina Beach Municipal 4142), which report refers to recreational devel- (a) IN GENERAL.—The Secretary may complete Marina 100 feet to the west. The cost of the re- opment in the Lower Atchafalaya Basin the project for flood damage reduction, alignment, including acquisition of lands, ease- Floodway, the Secretary— Breckenridge, Minnesota, substantially in ac- ments, rights-of-way, and dredged material dis- (1) shall initiate, in collaboration with the cordance with the detailed project report dated posal areas and relocations, shall be a non-Fed- State of Louisiana, construction of the visitors September 2000, at a total cost of $21,000,000, eral expense. center, authorized as part of the project, at or with an estimated Federal cost of $13,650,000 SEC. 309. GASPARILLA AND ESTERO ISLANDS, near Lake End Park in Morgan City, Louisiana; and an estimated non-Federal cost of $7,350,000. FLORIDA. and (b) IN-KIND SERVICES.—The non-Federal in- The project for shore protection, Gasparilla (2) shall construct other recreational features, terest may provide its share of project costs in and Estero Island segments, Lee County, Flor- authorized as part of the project, within, and in cash or in the form of in-kind services or mate- ida, authorized under section 201 of the Flood the vicinity of, the Lower Atchafalaya Basin rials. Control Act of 1965 (79 Stat. 1073) by Senate protection levees. (c) CREDIT.—The Secretary shall credit toward Resolution dated December 17, 1970, and by (b) AUTHORITIES.—The Secretary shall carry the non-Federal share of the cost of the project House Resolution dated December 15, 1970, is out subsection (a) in accordance with— the cost of design and construction work carried modified to authorize the Secretary to enter into (1) the feasibility study for the Atchafalaya out on the project by the non-Federal interest an agreement with the non-Federal interest to Basin Floodway System, Louisiana, dated Janu- before the date of the cooperation agreement for carry out the project in accordance with section ary 1982; and the modified project or execution of a new co- 206 of the Water Resources Development Act of (2) the recreation cost-sharing requirements of operation agreement for the project if the Sec- 1992 (33 U.S.C. 426i–1) if the Secretary deter- section 103(c) of the Water Resources Develop- retary determines that the work is integral to mines that the project is technically sound, en- ment Act of 1986 (33 U.S.C. 2213(c)). the project. vironmentally acceptable, and economically jus- SEC. 316. RED RIVER WATERWAY, LOUISIANA. SEC. 321. DULUTH HARBOR, MINNESOTA. tified. The project for mitigation of fish and wildlife The project for navigation, Duluth Harbor, Minnesota, carried out under section 107 of the SEC. 310. EAST SAINT LOUIS AND VICINITY, ILLI- losses, Red River Waterway, Louisiana, author- NOIS. ized by section 601(a) of the Water Resources River and Harbor Act of 1960 (33 U.S.C. 577), is modified to include the relocation of Scenic The project for flood protection, East Saint Development Act of 1986 (100 Stat. 4142) and Highway 61, including any required bridge con- Louis and vicinity, Illinois (East Side levee and modified by section 4(h) of the Water Resources struction. sanitary district), authorized by section 204 of Development Act of 1988 (102 Stat. 4016), section the Flood Control Act of 1965 (79 Stat. 1082), is 102(p) of the Water Resources Development Act SEC. 322. LITTLE FALLS, MINNESOTA. modified to include ecosystem restoration as a of 1990 (104 Stat. 4613), and section 301(b)(7) of The project for clearing, snagging, and sedi- project purpose. the Water Resources Development Act of 1996 ment removal, East Bank of the Mississippi (110 Stat. 3710), is further modified to authorize River, Little Falls, Minnesota, authorized under SEC. 311. KASKASKIA RIVER, KASKASKIA, ILLI- the purchase of mitigation land from willing section 3 of the Act entitled ‘‘An Act author- NOIS. sellers in any of the parishes that comprise the izing the construction, repair, and preservation The project for navigation, Kaskaskia River, Red River Waterway District, consisting of of certain public works on rivers and harbors, Kaskaskia, Illinois, authorized by section 101 of Avoyelles, Bossier, Caddo, Grant, Natchitoches, and for other purposes’’, approved March 2, the River and Harbor Act of 1962 (76 Stat. 1175), Rapides, and Red River Parishes. 1945 (33 U.S.C. 603a), is modified to direct the is modified to include recreation as a project SEC. 317. THOMASTON HARBOR, GEORGES RIVER, Secretary to construct the project substantially purpose. MAINE. in accordance with the plans contained in the SEC. 312. WAUKEGAN HARBOR, ILLINOIS. The project for navigation, Georges River, feasibility report of the District Engineer, dated The project for navigation, Waukegan Harbor, Maine (Thomaston Harbor), authorized by the June 2000. Illinois, authorized by the first section of the first section of the Act entitled ‘‘An Act making SEC. 323. NEW MADRID COUNTY, MISSOURI. Act entitled ‘‘An Act making appropriations for appropriations for the construction, repair, and (a) IN GENERAL.—The project for navigation, the construction, repair, completion, and preser- preservation of certain public works on rivers New Madrid County Harbor, New Madrid Coun- vation of certain works on rivers and harbors, and harbors, and for other purposes’’, approved ty, Missouri, carried out under section 107 of the and for other purposes’’, approved June 14, 1880 June 3, 1896 (29 Stat. 215), is modified to redesig- River and Harbor Act of 1960 (33 U.S.C. 577), is (21 Stat. 192), is modified to authorize the Sec- nate the following portion of the project as an authorized as described in the feasibility report retary to extend the upstream limit of the anchorage area: The portion lying northwest- for the project, including both phase 1 and project 275 feet to the north at a width of 375 erly of a line commencing at point N86,946.770, phase 2 of the project. feet if the Secretary determines that the exten- E321,303.830 thence running northeasterly about (b) CREDIT.—The Secretary shall credit to- sion is feasible. 203.67 feet to a point N86,994.750, E321,501.770. ward the non-Federal share of the cost of the

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.028 pfrm02 PsN: H31PT1 H11634 CONGRESSIONAL RECORD — HOUSE October 31, 2000

project the costs of construction work for phase (i) the costs to the State of Montana of stock- (f) PASSAIC RIVER FLOOD MANAGEMENT TASK 1 of the project carried out by the non-Federal ing Fort Peck Lake during the period beginning FORCE.— interest if the Secretary determines that the con- January 1, 1947; and (1) ESTABLISHMENT.—The Secretary, in co- struction work is integral to the project. (ii) the costs to the State of Montana and the operation with the non-Federal interest, shall SEC. 324. PEMISCOT COUNTY HARBOR, MISSOURI. counties having jurisdiction over land sur- establish a task force, to be known as the ‘‘Pas- The Secretary shall credit toward the non- rounding Fort Peck Lake of construction of saic River Flood Management Task Force’’, to Federal share of the cost of the project for navi- local access roads to the lake. provide advice to the Secretary concerning all gation, Pemiscot County Harbor, Missouri, car- (2) OPERATION, MAINTENANCE, REPAIR, AND RE- aspects of the Passaic River flood management ried out under section 107 of the River and Har- PLACEMENT.— project. EMBERSHIP.—The task force shall be bor Act of 1960 (33 U.S.C. 577), the cost of con- (A) IN GENERAL.—Except as provided in sub- (2) M composed of 22 members, appointed as follows: struction work carried out for the project after paragraph (B), the operation, maintenance, repair, and replacement of the hatchery project (A) APPOINTMENT BY SECRETARY.—The Sec- December 31, 1997, by the non-Federal interest if retary shall appoint 1 member to represent the the Secretary determines that the work is inte- shall be a non-Federal responsibility. (B) COSTS ASSOCIATED WITH THREATENED AND Corps of Engineers and to provide technical ad- gral to the project. vice to the task force. ENDANGERED SPECIES.—The costs of operation SEC. 325. FORT PECK FISH HATCHERY, MONTANA. (B) APPOINTMENTS BY GOVERNOR OF NEW JER- and maintenance associated with raising threat- (a) FINDINGS.—Congress finds that— SEY.—The Governor of New Jersey shall appoint ened or endangered species shall be a Federal (1) Fort Peck Lake, Montana, is in need of a 20 members to the task force, as follows: multispecies fish hatchery; responsibility. (i) 2 representatives of the New Jersey legisla- (2) the burden of carrying out efforts to raise (f) AUTHORIZATION OF APPROPRIATIONS.— ture who are members of different political par- and stock fish species in Fort Peck Lake has (1) IN GENERAL.—There are authorized to be ties. been disproportionately borne by the State of appropriated— (ii) 3 representatives of the State of New Jer- Montana despite the existence of a Federal (A) $20,000,000 to carry out this section (other sey. project at Fort Peck Lake; than subsection (e)(2)(B)); and (iii) 1 representative of each of Bergen, Essex, (3)(A) as of the date of enactment of this Act, (B) such sums as are necessary to carry out Morris, and Passaic Counties, New Jersey. eastern Montana has only 1 warm water fish subsection (e)(2)(B). (iv) 6 representatives of governments of mu- hatchery, which is inadequate to meet the de- (2) AVAILABILITY OF FUNDS.—Sums made nicipalities affected by flooding within the Pas- mands of the region; and available to carry out this section shall remain saic River basin. (B) a disease or infrastructure failure at that available until expended. (v) 1 representative of the Palisades Interstate hatchery could imperil fish populations SEC. 326. SAGAMORE CREEK, NEW HAMPSHIRE. Park Commission. throughout the region; The Secretary shall carry out maintenance (vi) 1 representative of the North Jersey Dis- (4) although the multipurpose project at Fort dredging of the Sagamore Creek Channel, New trict Water Supply Commission. (vii) 1 representative of each of the Associa- Peck, Montana, authorized by the first section Hampshire. tion of New Jersey Environmental Commissions, of the Act of August 30, 1935 (49 Stat. 1034, SEC. 327. PASSAIC RIVER BASIN FLOOD MANAGE- chapter 831), was intended to include irrigation the Passaic River Coalition, and the Sierra MENT, NEW JERSEY. Club. projects and other activities designed to promote (a) IN GENERAL.—The project for flood con- (C) APPOINTMENT BY GOVERNOR OF NEW economic growth, many of those projects were trol, Passaic River, New Jersey and New York, YORK.—The Governor of New York shall appoint never completed, to the detriment of the local authorized by section 101(a)(18) of the Water 1 representative of the State of New York to the communities flooded by the Fort Peck Dam; Resources Development Act of 1990 (104 Stat. task force. (5) the process of developing an environmental 4607), is modified to direct the Secretary to give (3) MEETINGS.— impact statement for the update of the Corps of priority to nonstructural approaches for flood (A) REGULAR MEETINGS.—The task force shall Engineers Master Manual for the operation of control as alternatives to the construction of the hold regular meetings. the Missouri River recognized the need for Passaic River tunnel element, while maintaining (B) OPEN MEETINGS.—The meetings of the task greater support of recreation activities and other the integrity of other separable mainstream force shall be open to the public. authorized purposes of the Fort Peck project; project elements, wetland banks, and other (4) ANNUAL REPORT.—The task force shall (6)(A) although fish stocking is included independent projects that were authorized to be transmit annually to the Secretary and to the among the authorized purposes of the Fort Peck carried out in the Passaic River basin before the non-Federal interest a report describing the project, the State of Montana has funded the date of enactment of this Act. achievements of the Passaic River flood manage- stocking of Fort Peck Lake since 1947; and (b) REEVALUATION OF FLOODWAY STUDY.—The ment project in preventing flooding and any im- (B) the obligation to fund the stocking con- Secretary shall review the Passaic River pediments to completion of the project. stitutes an undue burden on the State; and floodway buyout study, dated October 1995, to (5) EXPENDITURE OF FUNDS.—The Secretary (7) a viable multispecies fishery would spur calculate the benefits of a buyout and environ- may use funds made available to carry out the economic development in the region. mental restoration using the method used to cal- Passaic River basin flood management project to (b) PURPOSES.—The purposes of this section culate the benefits of structural projects under pay the administrative expenses of the task are— section 308(b) of the Water Resources Develop- force. (1) to authorize and provide funding for the (6) TERMINATION.—The task force shall termi- ment Act of 1990 (33 U.S.C. 2318(b)). design and construction of a multispecies fish nate on the date on which the Passaic River (c) REEVALUATION OF 10-YEAR FLOODPLAIN hatchery at Fort Peck Lake, Montana; and flood management project is completed. STUDY.—The Secretary shall review the Passaic (2) to ensure stable operation and mainte- (g) ACQUISITION OF LANDS IN THE River buyout study of the 10-year floodplain be- nance of the fish hatchery. FLOODWAY.—Section 1148 of the Water Re- yond the floodway of the central Passaic River (c) DEFINITIONS.—In this section, the fol- sources Development Act of 1986 (100 Stat. 4254; lowing definitions apply: basin, dated September 1995, to calculate the 110 Stat. 3718) is amended by adding at the end (1) FORT PECK LAKE.—The term ‘‘Fort Peck benefits of a buyout and environmental restora- the following: Lake’’ means the reservoir created by the dam- tion using the method used to calculate the ben- ‘‘(e) CONSISTENCY WITH NEW JERSEY BLUE ming of the upper Missouri River in north- efits of structural projects under section 308(b) ACRES PROGRAM.—The Secretary shall carry out eastern Montana. of the Water Resources Development Act of 1990 this section in a manner that is consistent with (2) HATCHERY PROJECT.—The term ‘‘hatchery (33 U.S.C. 2318(b)). the Blue Acres Program of the State of New Jer- project’’ means the project authorized by sub- (d) PRESERVATION OF NATURAL STORAGE sey.’’. section (d). AREAS.— (h) STUDY OF HIGHLANDS LAND CONSERVA- (d) AUTHORIZATION.—The Secretary shall (1) IN GENERAL.—The Secretary shall reevalu- TION.—The Secretary, in cooperation with the carry out a project at Fort Peck Lake, Montana, ate the acquisition, from willing sellers, for flood Secretary of Agriculture and the State of New for the design and construction of a fish hatch- protection purposes, of wetlands in the Central Jersey, may study the feasibility of conserving ery and such associated facilities as are nec- Passaic River Basin to supplement the wetland land in the Highlands region of New Jersey and essary to sustain a multispecies fishery. acquisition authorized by section New York to provide additional flood protection (e) COST SHARING.— 101(a)(18)(C)(vi) of the Water Resources Devel- for residents of the Passaic River basin in ac- (1) DESIGN AND CONSTRUCTION.— opment Act of 1990 (104 Stat. 4609). cordance with section 212 of the Water Re- (A) FEDERAL SHARE.—The Federal share of (2) PURCHASE.—If the Secretary determines sources Development Act of 1999 (33 U.S.C. the costs of design and construction of the that the acquisition of wetlands evaluated 2332). hatchery project shall be 75 percent. under paragraph (1) is economically justified, (i) RESTRICTION ON USE OF FUNDS.—The Sec- (B) FORM OF NON-FEDERAL SHARE.—The non- the Secretary shall purchase the wetlands, with retary shall not obligate any funds to carry out Federal share of the costs of the hatchery the goal of purchasing not more than 8,200 design or construction of the tunnel element of project may be provided in the form of cash or acres. the Passaic River flood control project, as au- in the form of land, easements, rights-of-way, (e) STREAMBANK EROSION CONTROL STUDY.— thorized by section 101(a)(18)(A) of the Water services, roads, or any other form of in-kind The Secretary shall review relevant reports and Resources Development Act of 1990 (104 Stat. contribution determined by the Secretary to be conduct a study to determine the feasibility of 4607). appropriate. carrying out a project for environmental res- SEC. 328. TIMES BEACH NATURE PRESERVE, BUF- (C) REQUIRED CREDITING.—The Secretary toration, erosion control, and streambank res- FALO, NEW YORK. shall credit toward the non-Federal share of the toration along the Passaic River, from Dundee The project for improving the quality of the costs of the hatchery project— Dam to Kearny Point, New Jersey. environment, Times Beach Nature Preserve,

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.030 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11635 Buffalo, New York, carried out under section Plymouth (according to the duly recorded plat SEC. 337. BUCHANAN, DICKENSON, AND RUSSELL 1135 of the Water Resources Development Act of thereof). COUNTIES, VIRGINIA. 1986 (33 U.S.C. 2309a), is modified to include (B) Thence west along the centerline of Third (a) IN GENERAL.—Subject to subsection (b), at recreation as a project purpose. Avenue, a distance of 565 feet. the request of the John Flannagan Water Au- SEC. 329. ROCKAWAY INLET TO NORTON POINT, (C) Thence south 54° 10’ west, to a point on thority, Dickenson County, Virginia, the Sec- NEW YORK. the west line of Tract 18 of that Addition and retary may reallocate, under section 322 of the (a) IN GENERAL.—The project for shoreline the true point of beginning. Water Resources Development Act of 1990 (33 protection, Atlantic Coast of New York City (D) Thence north, parallel with the west line U.S.C. 2324), water supply storage space in the from Rockaway Inlet to Norton Point (Coney Is- of that sec. 7, to a point on the north line of John Flannagan Reservoir, Dickenson County, land Area), New York, authorized by section that sec. 7. Virginia, sufficient to yield water withdrawals 501(a) of the Water Resources Development Act (E) Thence west along the north line thereof in amounts not to exceed 3,000,000 gallons per of 1986 (100 Stat. 4135), is modified to authorize to the northwest corner of that sec. 7. day in order to provide water for the commu- the Secretary to construct T-groins to improve (F) Thence south along the west line of that nities in Buchanan, Dickenson, and Russell sand retention down drift of the West 37th sec. 7 to a point on the ordinary high water line Counties, Virginia, notwithstanding the limita- Street groin, in the Sea Gate area of Coney Is- of the Columbia River. tion in section 322(b) of such Act. land, New York, as identified in the March 1998 (G) Thence northeast along that high water (b) LIMITATION.—The Secretary may only report prepared for the Corps of Engineers, enti- line to a point on the north and south coordi- make the reallocation under subsection (a) to tled ‘‘Field Data Gathering Project Performance nate line of the Oregon Coordinate System, the extent the Secretary determines that such Analysis and Design Alternative Solutions to North Zone, that coordinate line being east reallocation will not have an adverse impact on Improve Sandfill Retention’’, at a total cost of 2,291,000 feet. other project purposes of the John Flannagan $9,000,000, with an estimated Federal cost of (H) Thence north along that line to a point on Reservoir. $5,850,000 and an estimated non-Federal cost of the south line of First Avenue of that Addition. SEC. 338. SANDBRIDGE BEACH, VIRGINIA BEACH, $3,150,000. (I) Thence west along First Avenue to a point VIRGINIA. (b) COST SHARING.—The non-Federal share of on the southerly extension of the west line of T. The project for beach erosion control and hur- the costs of constructing the T-groins under sub- 18. ricane protection, Sandbridge Beach, Virginia section (a) shall be 35 percent. (J) Thence north along that west line of T. 18 Beach, Virginia, authorized by section 101(22) of (c) CONFORMING AMENDMENT.—Section 541 of to the point of beginning. the Water Resources Development Act of 1992 the Water Resources Development Act of 1999 (106 Stat. 4804), is modified to direct the Sec- SEC. 333. FOX POINT HURRICANE BARRIER, (113 Stat. 350) is repealed. PROVIDENCE, RHODE ISLAND. retary to provide 50 years of periodic beach nourishment beginning on the date on which SEC. 330. GARRISON DAM, NORTH DAKOTA. Section 352 of the Water Resources Develop- construction of the project was initiated in 1998. The Secretary shall conduct a study of the ment Act of 1999 (113 Stat. 310) is amended— SEC. 339. MOUNT ST. HELENS, WASHINGTON. Garrison Dam, North Dakota, feature of the (1) by inserting ‘‘(a) IN GENERAL.—’’ before project for flood control, Missouri River Basin, ‘‘The’’; and The project for sediment control, Mount St. authorized by section 9(a) of the Flood Control (2) by adding at the end the following: Helens, Washington, authorized by chapter IV Act of December 22, 1944 (58 Stat. 891), to deter- ‘‘(b) CREDIT TOWARD NON-FEDERAL SHARE.— of title I of the Supplemental Appropriations mine if the damage to the water transmission The Secretary shall credit toward the non-Fed- Act, 1985 (99 Stat. 318), is modified to authorize line for Williston, North Dakota, is the result of eral share of the cost of the project, or reimburse the Secretary to maintain, for Longview, Kelso, a design deficiency and, if the Secretary deter- the non-Federal interest, for the Federal share Lexington, and Castle Rock on the Cowlitz mines that the damage is the result of a design of the costs of repairs authorized under sub- River, Washington, the flood protection levels deficiency, shall correct the deficiency. section (a) that are incurred by the non-Federal specified in the October 1985 report of the Chief SEC. 331. DUCK CREEK, OHIO. interest before the date of execution of the of Engineers entitled ‘‘Mount St. Helens, Wash- (a) IN GENERAL.—The project for flood con- project cooperation agreement.’’. ington, Decision Document (Toutle, Cowlitz, trol, Duck Creek, Ohio, authorized by section and Columbia Rivers)’’, published as House SEC. 334. NONCONNAH CREEK, TENNESSEE AND Document No. 135, 99th Congress. 101(a)(24) of the Water Resources Development MISSISSIPPI. Act of 1996 (110 Stat. 3665), is modified to au- The project for flood control, Nonconnah SEC. 340. LOWER MUD RIVER, MILTON, WEST VIR- GINIA. thorize the Secretary to carry out the project at Creek, Tennessee and Mississippi, authorized by The project for flood damage reduction, Lower a total cost of $36,323,000. section 401(a) of the Water Resources Develop- Mud River, Milton, West Virginia, authorized (b) NON-FEDERAL SHARE.—Notwithstanding ment Act of 1986 (100 Stat. 4124), is modified to by section 580 of the Water Resources Develop- section 103 of the Water Resources Development authorize the Secretary— ment Act of 1996 (110 Stat. 3790), is modified to Act of 1986 (33 U.S.C. 2213), the non-Federal (1) to extend the area protected by the flood direct the Secretary to carry out the project. share of the cost of the project shall not exceed control element of the project upstream approxi- $4,200,000. mately 5 miles to Reynolds Road; and SEC. 341. FOX RIVER SYSTEM, WISCONSIN. SEC. 332. JOHN DAY POOL, OREGON AND WASH- (2) to extend the hiking and biking trails of Section 332(a) of the Water Resources Devel- INGTON. the recreational element of the project from 8.8 opment Act of 1992 (106 Stat. 4852) is amended— (a) EXTINGUISHMENT OF REVERSIONARY INTER- to 27 miles; (1) by striking ‘‘The Secretary’’ and inserting ESTS AND USE RESTRICTIONS.—With respect to the following: if the Secretary determines that it is technically the land described in each deed specified in sub- ‘‘(1) IN GENERAL.—The Secretary’’; and sound, environmentally acceptable, and eco- section (b)— (2) by adding at the end the following: nomically justified. (1) the reversionary interests and the use re- ‘‘(2) PAYMENTS TO STATE.—The terms and con- strictions relating to port or industrial purposes SEC. 335. SAN ANTONIO CHANNEL, SAN ANTONIO, ditions of the transfer may include 1 or more are extinguished; TEXAS. payments to the State of Wisconsin to assist the (2) the human habitation or other building The project for flood control, San Antonio State in paying the costs of repair and rehabili- structure use restriction is extinguished in each channel, Texas, authorized by section 203 of the tation of the transferred locks and appurtenant area where the elevation is above the standard Flood Control Act of 1954 (68 Stat. 1259) as part features.’’. project flood elevation; and of the comprehensive plan for flood protection SEC. 342. CHESAPEAKE BAY OYSTER RESTORA- (3) the use of fill material to raise low areas on the Guadalupe and San Antonio Rivers in TION. above the standard project flood elevation is au- Texas, and modified by section 103 of the Water Section 704(b) of the Water Resources Devel- thorized, except in any low area constituting Resources Development Act of 1976 (90 Stat. opment Act of 1986 (33 U.S.C. 2263(b)) is amend- wetland for which a permit under section 404 of 2921), is further modified to include environ- ed— the Federal Water Pollution Control Act (33 mental restoration and recreation as project (1) in the second sentence by striking U.S.C. 1344) would be required. purposes. ‘‘$7,000,000’’ and inserting ‘‘$20,000,000’’; (b) AFFECTED DEEDS.—Subsection (a) applies SEC. 336. BUCHANAN AND DICKENSON COUNTIES, (2) by striking paragraph (4) and inserting the to deeds with the following county auditors’ VIRGINIA. following: numbers: The project for flood control, Levisa and Tug ‘‘(4) the construction of reefs and related (1) Auditor’s Microfilm Numbers 229 and 16226 Forks of the Big Sandy River and Upper Cum- clean shell substrate for fish habitat, including of Morrow County, Oregon, executed by the berland River, authorized by section 202 of the manmade 3-dimensional oyster reefs, in the United States. Energy and Water Development Appropriation Chesapeake Bay and its tributaries in Maryland (2) The portion of the land conveyed in a deed Act, 1981 (94 Stat. 1339), and modified by section and Virginia if the reefs are preserved as perma- executed by the United States and bearing Ben- 352 of the Water Resources Development Act of nent sanctuaries by the non-Federal interests, ton County, Washington, Auditor’s File Number 1996 (110 Stat. 3724–3725), is further modified to consistent with the recommendations of the sci- 601766, described as a tract of land lying in sec. direct the Secretary to determine the ability of entific consensus document on Chesapeake Bay 7, T. 5 N., R. 28 E., Willamette meridian, Benton Buchanan and Dickenson Counties, Virginia, to oyster restoration dated June 1999.’’; and County, Washington, being more particularly pay the non-Federal share of the cost of the (3) by inserting after ‘‘25 percent.’’ the fol- described by the following boundaries: project based solely on the criterion specified in lowing: ‘‘In carrying out paragraph (4), the (A) Commencing at the point of intersection of section 103(m)(3)(A)(i) of the Water Resources Chief of Engineers may solicit participation by the centerlines of Plymouth Street and Third Development Act of 1986 (33 U.S.C. and the services of commercial watermen in the Avenue in the First Addition to the Town of 2213(m)(3)(A)(i)). construction of the reefs.’’.

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.032 pfrm02 PsN: H31PT1 H11636 CONGRESSIONAL RECORD — HOUSE October 31, 2000 SEC. 343. GREAT LAKES DREDGING LEVELS AD- interest then, subject to subsection (c), those westerly highway boundary of Hamburg Turn- JUSTMENT. portions of such county that were once part of pike as appropriated by the New York State De- (a) DEFINITION OF GREAT LAKE.—In this sec- Lake Erie and are now filled are declared to be partment of Public Works as shown on Map No. tion, the term ‘‘Great Lake’’ means Lake Supe- nonnavigable waters of the United States. 1 Parcel No. 1 and Map No. 5 Parcel No. 7 the rior, Lake Michigan, Lake Huron (including (b) BOUNDARIES.—The portion of Erie County, following 18 courses and distances: Lake St. Clair), Lake Erie, and Lake Ontario New York, referred to in subsection (a) is all (1) North 85°24′25′′ West a distance of 1.00 feet; (including the St. Lawrence River to the 45th that tract or parcel of land, situated in the town (2) South 7°01′17′′ West a distance of 170.15 parallel of latitude). of Hamburg and the city of Lackawanna, Erie feet; (b) DREDGING LEVELS.—In operating and County, New York, being part of Lots 12, 13, 14, (3) South 5°02′54′′ West a distance of 180.00 maintaining Federal channels and harbors of, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of the feet; and the connecting channels between, the Great Ogden Gore Tract and part of Lots 23, 24, and (4) North 85°24′25′′ West a distance of 3.00 feet; Lakes, the Secretary shall conduct such dredg- 36 of the Buffalo Creek Reservation, Township (5) South 5°02′54′′ West a distance of 260.00 ing as is necessary to ensure minimal operation 10, Range 8 of the Holland Land Company’s feet; ° ′ ′′ depths consistent with the original authorized Survey and more particularly bounded and de- (6) South 5 09 11 West a distance of 110.00 depths of the channels and harbors when water scribed as follows: feet; ° ′ ′′ levels in the Great Lakes are, or are forecast to Beginning at a point on the westerly highway (7) South 0 34 35 West a distance of 110.27 be, below the International Great Lakes Datum boundary of Hamburg Turnpike (66.0 feet wide), feet; ° ′ ′′ of 1985. said point being 547.89 feet South 19°36′46′′ East (8) South 4 50 37 West a distance of 220.00 feet; SEC. 344. GREAT LAKES REMEDIAL ACTION from the intersection of the westerly highway (9) South 4°50′37′′ West a distance of 365.00 PLANS AND SEDIMENT REMEDI- boundary of Hamburg Turnpike (66.0 feet wide) feet; ATION. and the northerly line of the City of Lacka- (10) South 85°24′25′′ East a distance of 5.00 Section 401 of the Water Resources Develop- wanna (also being the southerly line of the City ment Act of 1990 (33 U.S.C. 1268 note; 104 Stat. ° ′ ′′ feet; of Buffalo); thence South 19 36 46 East along (11) South 4°06′20′′ West a distance of 67.00 4644; 110 Stat. 3763; 113 Stat. 338) is amended— the westerly highway boundary of Hamburg (1) in subsection (a)(2)(A) by striking ‘‘50 per- feet; Turnpike (66.0 feet wide) a distance of 628.41 (12) South 6°04′35′′ West a distance of 248.08 cent’’ and inserting ‘‘35 percent’’; feet; thence along the westerly highway bound- (2) in subsection (b)— feet; ary of Hamburg Turnpike as appropriated by (13) South 3°18′27′′ West a distance of 52.01 (A) by striking paragraph (3); the New York State Department of Public Works (B) in the first sentence of paragraph (4) by feet; as shown on Map No. 40–R2, Parcel No. 44 the (14) South 4°55′58′′ West a distance of 133.00 striking ‘‘50 percent’’ and inserting ‘‘35 per- following 20 courses and distances: cent’’; and feet; (1) South 10°00′07′′ East a distance of 164.30 ° ′ ′′ (C) by redesignating paragraph (4) as para- (15) North 85 24 25 West a distance of 1.00 feet; graph (3); and feet; (2) South 18°40′45′′ East a distance of 355.00 ° ′ ′′ (3) in subsection (c) by striking ‘‘$5,000,000 for (16) South 4 55 58 West a distance of 45.00 feet; each of fiscal years 1998 through 2000.’’ and in- feet; (3) South 71°23′35′′ West a distance of 2.00 feet; ° ′ ′′ serting ‘‘$10,000,000 for each of fiscal years 2001 (17) North 85 24 25 West a distance of 7.00 (4) South 18°40′45′′ East a distance of 223.00 through 2006.’’. feet; feet; (18) South 4°56′12′′ West a distance of 90.00 SEC. 345. TREATMENT OF DREDGED MATERIAL (5) South 22°29′36′′ East a distance of 150.35 feet. FROM LONG ISLAND SOUND. feet; Thence continuing along the westerly highway (a) IN GENERAL.—Not later than December 31, (6) South 18°40′45′′ East a distance of 512.00 2002, the Secretary shall carry out a demonstra- boundary of Lake Shore Road as appropriated feet; by the New York State Department of Public tion program for the use of innovative sediment (7) South 16°49′53′′ East a distance of 260.12 treatment technologies for the treatment of Works as shown on Map No. 7, Parcel No. 7 the feet; following 2 courses and distances: dredged material from Long Island Sound. ° ′ ′′ (8) South 18 34 20 East a distance of 793.00 (1) South 4°55′58′′ West a distance of 127.00 (b) PROJECT CONSIDERATIONS.—In carrying feet; out subsection (a), the Secretary shall, to the feet; (9) South 71°23′35′′ West a distance of 4.00 feet; (2) South 2°29′25′′ East a distance of 151.15 feet maximum extent practicable— (10) South 18°13′24′′ East a distance of 132.00 (1) encourage partnerships between the public to a point on the westerly former highway feet; boundary of Lake Shore Road. and private sectors; (11) North 71°23′35′′ East a distance of 4.67 Thence southerly along the westerly formerly (2) build on treatment technologies that have feet; highway boundary of Lake Shore Road, South been used successfully in demonstration or full- (12) South 18°30′00′′ East a distance of 38.00 4°35′35′′ West a distance of 148.90 feet; thence scale projects (including projects carried out in feet; along the westerly highway boundary of Lake the States of New York, New Jersey, and Illi- (13) South 71°23′35′′ West a distance of 4.86 Shore Road as appropriated by the New York nois), such as technologies described in— feet; State Department of Public Works as shown on (A) section 405 of the Water Resources Devel- (14) South 18°13′24′′ East a distance of 160.00 Map No. 7, Parcel No. 8 the following 3 courses opment Act of 1992 (33 U.S.C. 2239 note; 106 feet; Stat. 4863); and (15) South 71°23′35′′ East a distance of 9.80 and distances: (B) section 503 of the Water Resources Devel- (1) South 55°34′35′′ West a distance of 12.55 feet; feet; opment Act of 1999 (33 U.S.C. 2314 note; 113 (16) South 18°36′25′′ East a distance of 159.00 (2) South 4°35′35′′ West a distance of 118.50 Stat. 337); feet; (3) ensure that dredged material from Long Is- feet; (17) South 71°23′35′′ West a distance of 3.89 land Sound that is treated under the demonstra- (3) South 3°04′00′′ West a distance of 62.95 feet feet; tion project is disposed of by beneficial reuse, by to a point on the south line of the lands of (18) South 18°34′20′′ East a distance of 180.00 open water disposal, or at a licensed waste facil- South Buffalo Railway Company. feet; ity, as appropriate; and (19) South 20°56′05′′ East a distance of 138.11 Thence southerly and easterly along the lands (4) ensure that the demonstration project is feet; of South Buffalo Railway Company the fol- consistent with the findings and requirements of (20) South 22°53′55′′ East a distance of 272.45 lowing 5 courses and distances: any draft environmental impact statement on ° ′ ′′ feet to a point on the westerly highway bound- (1) North 89 25 14 West a distance of 697.64 the designation of 1 or more dredged material ary of Hamburg Turnpike. feet; disposal sites in Long Island Sound that is (2) along a curve to the left having a radius scheduled for completion in 2001. Thence southerly along the westerly highway of 645.0 feet; a chord distance of 214.38 feet ° ′ ′′ (c) NON-FEDERAL SHARE.—The non-Federal boundary of Hamburg Turnpike, South 18 36 25 along a chord bearing of South 40°16′48′′ West, a share of the cost of each project carried out East, a distance of 2228.31 feet; thence along the distance of 215.38 feet; under the demonstration program authorized by westerly highway boundary of Hamburg Turn- (3) South 30°42′49′′ West a distance of 76.96 this section shall be 35 percent. pike as appropriated by the New York State De- feet; (d) AUTHORIZATION OF APPROPRIATIONS.— partment of Public Works as shown on Map No. (4) South 22°06′03′′ West a distance of 689.43 There is authorized to be appropriated to carry 27 Parcel No. 31 the following 2 courses and dis- feet; out this section $20,000,000. tances: (5) South 36°09′23′′ West a distance of 30.93 ° ′ ′′ SEC. 346. DECLARATION OF NONNAVIGABILITY (1) South 16 17 25 East a distance of 74.93 feet to the northerly line of the lands of Buffalo FOR LAKE ERIE, NEW YORK. feet; Crushed Stone, Inc. (a) AREA TO BE DECLARED NONNAVIGABLE; (2) along a curve to the right having a radius Thence North 87°13′38′′ West a distance of PUBLIC INTEREST.—Unless the Secretary finds, of 1004.74 feet; a chord distance of 228.48 feet 2452.08 feet to the shore line of Lake Erie; ° ′ ′′ after consultation with local and regional public along a chord bearing of South 08 12 16 East, a thence northerly along the shore of Lake Erie officials (including local and regional public distance of 228.97 feet to a point on the westerly the following 43 courses and distances: planning organizations), that the proposed highway boundary of Hamburg Turnpike. (1) North 16°29′53′′ West a distance of 267.84 projects to be undertaken within the boundaries Thence southerly along the westerly highway feet; in the portion of Erie County, New York, de- boundary of Hamburg Turnpike, South 4°35′35′′ (2) North 24°25′00′′ West a distance of 195.01 scribed in subsection (b), are not in the public West a distance of 940.87 feet; thence along the feet;

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.034 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11637 (3) North 26°45′00′′ West a distance of 250.00 of 154.95 feet to the shore line; thence along the portions shall be subject to all applicable Fed- feet; shore line the following 6 courses and distances: eral statutes and regulations, including sections (4) North 31°15′00′′ West a distance of 205.00 (1) South 80°14′01′′ East a distance of 119.30 9 and 10 of the Act of March 3, 1899 (33 U.S.C. feet; feet; 401 and 403), section 404 of the Federal Water (5) North 21°35′00′′ West a distance of 110.00 (2) North 46°15′13′′ East a distance of 47.83 Pollution Control Act (33 U.S.C. 1344), and the feet; feet; National Environmental Policy Act of 1969 (42 (6) North 44°00′53′′ West a distance of 26.38 (3) North 59°53′02′′ East a distance of 53.32 U.S.C. 4321 et seq.). feet; feet; (d) EXPIRATION DATE.—If, 20 years from the (7) North 33°49′18′′ West a distance of 74.86 (4) North 38°20′43′′ East a distance of 27.31 date of enactment of this Act, any area or part feet; feet; thereof described in subsection (a) is not occu- (8) North 34°26′26′′ West a distance of 12.00 (5) North 68°12′46′′ East a distance of 48.67 pied by permanent structures in accordance feet; feet; with the requirements set out in subsection (c), (9) North 31°06′16′′ West a distance of 72.06 (6) North 26°11′47′′ East a distance of 11.48 feet or if work in connection with any activity per- feet; to the northerly line of the aforementioned Let- mitted in subsection (c) is not commenced within (10) North 22°35′00′′ West a distance of 150.00 ters Patent. 5 years after issuance of such permits, then the feet; Thence along the northerly line of said Letters declaration of nonnavigability for such area or (11) North 16°35′00′′ West a distance of 420.00 Patent, North 71°23′35′′ East a distance of part thereof shall expire. feet; 1755.19 feet; thence South 35°27′25′′ East a dis- SEC. 347. PROJECT DEAUTHORIZATIONS. ° ′ ′′ (12) North 21 l0 00 West a distance of 440.00 tance of 35.83 feet to a point on the U.S. Harbor (a) IN GENERAL.—The following projects or feet; Line; thence, North 54°02′35′′ East along the portions of projects are not authorized after the (13) North 17°55′00′′ West a distance of 340.00 U.S. Harbor Line a distance of 200.00 feet; date of enactment of this Act: feet; thence continuing along the U.S. Harbor Line, (1) BLACK WARRIOR AND TOMBIGBEE RIVERS, ° ′ ′′ (14) North 28 05 00 West a distance of 375.00 North 50°01′45′′ East a distance of 379.54 feet to JACKSON, ALABAMA.—The project for navigation, feet; the westerly line of the lands of Gateway Trade Black Warrior and Tombigbee Rivers, vicinity of (15) North 16°25′00′′ West a distance of 585.00 Center, Inc.; thence along the lands of Gateway Jackson, Alabama, authorized by section 106 of feet; Trade Center, Inc. the following 27 courses and the Energy and Water Development Appropria- (16) North 22°10′00′′ West a distance of 160.00 distances: tions Act, 1987 (100 Stat. 3341–199). feet; (1) South 18°44′53′′ East a distance of 623.56 (2) SACRAMENTO DEEP WATER SHIP CHANNEL, ° ′ ′′ (17) North 2 46 36 West a distance of 65.54 feet; CALIFORNIA.—The portion of the project for feet; (2) South 34°33′00′′ East a distance of 200.00 navigation, Sacramento Deep Water Ship Chan- (18) North 16°01′08′′ West a distance of 70.04 feet; nel, California, authorized by section 202(a) of feet; (3) South 26°18′55′′ East a distance of 500.00 the Water Resources Development Act of 1986 (19) North 49°07′00′′ West a distance of 79.00 feet; (100 Stat. 4092), beginning from the confluence feet; (4) South 19°06′40′′ East a distance of 1074.29 of the Sacramento River and the Barge Canal to (20) North 19°16′00′′ West a distance of 425.00 feet; a point 3,300 feet west of the William G. Stone feet; (5) South 28°03′18′′ East a distance of 242.44 Lock western gate (including the William G. (21) North 16°37′00′′ West a distance of 285.00 feet; Stone Lock and the Bascule Bridge and Barge feet; (6) South 18°38′50′′ East a distance of 1010.95 Canal). All waters within such portion of the (22) North 25°20′00′′ West a distance of 360.00 feet; project are declared to be nonnavigable waters feet; (7) North 71°20′51′′ East a distance of 90.42 of the United States solely for the purposes of (23) North 33°00′00′′ West a distance of 230.00 feet; the General Bridge Act of 1946 (33 U.S.C. 525 et feet; (8) South 18°49′20′′ East a distance of 158.61 seq.) and section 9 of the Act of March 3, 1899 (24) North 32°40′00′′ West a distance of 310.00 feet; (33 U.S.C. 401). feet; (9) South 80°55′10′′ East a distance of 45.14 (3) BAY ISLAND CHANNEL, QUINCY, ILLINOIS.— (25) North 27°10′00′′ West a distance of 130.00 feet; The access channel across Bay Island into feet; (10) South 18°04′45′′ East a distance of 52.13 Quincy Bay at Quincy, Illinois, constructed (26) North 23°20′00′′ West a distance of 315.00 feet; under section 107 of the River and Harbor Act of feet; (11) North 71°07′23′′ East a distance of 102.59 1960 (33 U.S.C. 577). ° ′ ′′ (27) North 18 20 04 West a distance of 302.92 feet; (4) WARSAW BOAT HARBOR, ILLINOIS.—The feet; (12) South 18°41′40′′ East a distance of 63.00 portion of the project for navigation, Illinois (28) North 20°15′48′′ West a distance of 387.18 feet; Waterway, Illinois and Indiana, authorized by feet; (13) South 71°07′23′′ West a distance of 240.62 section 101 of the River and Harbor Act of 1962 (29) North 14°20′00′′ West a distance of 530.00 feet; (76 Stat. 1175), known as the ‘‘Warsaw Boat feet; (14) South 18°38′50′′ East a distance of 668.13 Harbor, Illinois’’. ° ′ ′′ (30) North 16 40 00 West a distance of 260.00 feet; (5) KENNEBUNK RIVER, KENNEBUNK AND feet; (15) North 71°28′46′′ East a distance of 958.68 KENNEBUNKPORT, MAINE.—The following portion (31) North 28°35′00′′ West a distance of 195.00 feet; of the project for navigation, Kennebunk River, feet; (16) North 18°42′31′′ West a distance of 1001.28 Maine, authorized by section 101 of the River (32) North 18°30′00′′ West a distance of 170.00 feet; and Harbor Act of 1962 (76 Stat. 1173): The por- feet; (17) South 71°17′29′′ West a distance of 168.48 tion of the northernmost 6-foot deep anchorage (33) North 26°30′00′′ West a distance of 340.00 feet; the boundaries of which begin at a point with feet; (18) North 18°42′31′′ West a distance of 642.00 coordinates N1904693.6500, E418084.2700, thence (34) North 32°07′52′′ West a distance of 232.38 feet; running south 01 degree 04 minutes 50.3 seconds feet; (19) North 71°17′37′′ East a distance of 17.30 35 feet to a point with coordinates N190434.6562, (35) North 30°04′26′′ West a distance of 17.96 feet; E418084.9301, thence running south 15 degrees 53 feet; (20) North 18°42′31′′ West a distance of 574.67 minutes 45.5 seconds 416.962 feet to a point with (36) North 23°19′13′′ West a distance of 111.23 feet; coordinates N190033.6386, E418199.1325, thence feet; (21) North 71°17′29′′ East a distance of 151.18 running north 03 degrees 11 minutes 30.4 sec- (37) North 7°07′58′′ West a distance of 63.90 feet; onds 70 feet to a point with coordinates feet; (22) North 18°42′31′′West a distance of 1156.43 N190103.5300, E418203.0300, thence running (38) North 8°11′02′′ West a distance of 378.90 feet; north 17 degrees 58 minutes 18.3 seconds west feet; (23) North 71°29′21′′ East a distance of 569.24 384.900 feet to the point of origin. ° ′ ′′ (39) North 15 01 02 West a distance of 190.64 feet; (6) ROCKPORT HARBOR, MASSACHUSETTS.—The feet; (24) North 18°30′39′′ West a distance of 314.71 following portions of the project for navigation, (40) North 2°55′00′′ West a distance of 170.00 feet; Rockport Harbor, Massachusetts, carried out feet; (25) North 70°59′36′′ East a distance of 386.47 under section 107 of the River and Harbor Act of (41) North 6°45′00′′ West a distance of 240.00 feet; 1960 (33 U.S.C. 577): feet; (26) North 18°30′39′′ West a distance of 70.00 (A) The portion of the 10-foot harbor channel (42) North 0°10′00′′ East a distance of 465.00 feet; the boundaries of which begin at a point with feet; (27) North 70°59′36′′ East a distance of 400.00 coordinates N605,741.948, E838,031.378, thence (43) North 2°00′38′′ West a distance of 378.58 feet to the place or point of beginning. running north 36 degrees 04 minutes 40.9 sec- feet to the northerly line of Letters Patent dated Containing 1,142.958 acres. onds east 123.386 feet to a point N605,642.226, February 21, 1968 and recorded in the Erie (c) LIMITS ON APPLICABILITY; REGULATORY E838,104.039, thence running south 05 degrees 08 County Clerk’s Office under Liber 7453 of Deeds REQUIREMENTS.—The declaration under sub- minutes 35.1 seconds east 24.223 feet to a point at Page 45. section (a) shall apply to those parts of the N605,618.100, E838,106.210, thence running north Thence North 71°23′35′′ East along the north line areas described in subsection (b) that are filled 41 degrees 05 minutes 10.9 seconds west 141.830 of the aforementioned Letters Patent a distance portions of Lake Erie. Any work on these filled feet to a point N605,725.000, E838,013.000, thence

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running north 47 degrees 19 minutes 04.1 sec- (11) WALLABOUT CHANNEL, BROOKLYN, NEW 89 degrees 12 minutes 27.1 seconds east 38.093 onds east 25.000 feet to the point of origin. YORK.— feet to a point N605,792.110, E838,020.009, thence (B) The portion of the 8-foot north basin en- (A) IN GENERAL.—The northeastern portion of running south 23 degrees 52 minutes 08.4 sec- trance channel the boundaries of which begin at the project for navigation, Wallabout Channel, onds west 13.514 feet to a point N605,779.752, a point with coordinates N605,742.699, Brooklyn, New York, authorized by the Rivers E838,014.541, thence running north 68 degrees 26 E837,977.129, thence running south 89 degrees 12 and Harbors Appropriations Act of March 3, minutes 49.0 seconds west 35.074 feet to the point minutes 27.1 seconds east 54.255 feet to a point 1899 (30 Stat. 1124), beginning at a point of origin. N605,741.948, E838,031.378, thence running south N682,307.40, E638,918.10, thence running along SEC. 348. LAND CONVEYANCES. 47 degrees 19 minutes 04.1 seconds west 25.000 the courses and distances described in subpara- (a) THOMPSON, CONNECTICUT.— feet to a point N605,725.000, E838,013.000, thence graph (B). (1) IN GENERAL.—The Secretary shall convey running north 63 degrees 44 minutes 19.0 sec- (B) COURSES AND DISTANCES.—The courses by quitclaim deed without consideration to the onds west 40.000 feet to the point of origin. and distances referred to in subparagraph (A) town of Thompson, Connecticut, all right, title, (C) The portion of the 8-foot south basin an- are the following: and interest of the United States in and to the (i) South 85 degrees, 44 minutes, 13 seconds chorage the boundaries of which begin at a approximately 1.36-acre parcel of land described East 87.94 feet (coordinate: N682,300.86, point with coordinates N605,563.770, in paragraph (2) for public ownership and use E639,005.80). E838,111.100, thence running south 05 degrees 08 by the town for fire fighting and related emer- (ii) North 74 degrees, 41 minutes, 30 seconds minutes 35.1 seconds east 53.460 feet to a point gency services purposes. East 271.54 feet (coordinate: N682,372.55, N605,510.525, E838,115.892, thence running south (2) LAND DESCRIPTION.—The parcel of land re- E639,267.71). 52 degrees 10 minutes 55.5 seconds west 145.000 ferred to in paragraph (1) is located in the town (iii) South 4 degrees, 46 minutes, 02 seconds feet to a point N605,421.618, E838,001.348, thence of Thompson, county of Windham, State of Con- West 170.95 feet (coordinate: N682,202.20, running north 37 degrees 49 minutes 04.5 sec- necticut, on the northerly side of West Thomp- onds west feet to a point N605,480.960, E639,253.50). (iv) South 4 degrees, 46 minutes, 02 seconds son Road owned by the United States and E837,955.287, thence running south 64 degrees 52 West 239.97 feet (coordinate: N681,963.06, shown as Parcel A on a plan by Provost, minutes 33.9 seconds east 33.823 feet to a point E639,233.56). Rovero, Fitzback entitled ‘‘Property Survey Pre- N605,466.600, E837,985.910, thence running north (v) North 50 degrees, 48 minutes, 26 seconds pared for West Thompson Independent Firemen 52 degrees 10 minutes 55.5 seconds east 158.476 West 305.48 feet (coordinate: N682,156.10, Association #1’’ dated August 24, 1998, bounded feet to the point of origin. E638,996.80). and described as follows: (7) SCITUATE HARBOR, MASSACHUSETTS.—The (vi) North 3 degrees, 33 minutes, 25 seconds Beginning at a bound labeled WT–276 on the portion of the project for navigation, Scituate East 145.04 feet (coordinate: N682,300.86, northerly side line of West Thompson Road, so Harbor, Massachusetts, authorized by section E639,005.80). called, at the most south corner of the Parcel 101 of the River and Harbor Act of 1954 (68 Stat. (12) NEW YORK AND NEW JERSEY CHANNELS, herein described and at land now or formerly of 1249), consisting of an 8-foot anchorage basin NEW YORK AND NEW JERSEY.—The portion of the West Thompson Independent Firemen Associa- and described as follows: Beginning at a point project for navigation, New York and New Jer- tion No. 1; with coordinates N438,739.53, E810,354.75, thence sey Channels, New York and New Jersey, au- Thence in a generally westerly direction by running northwesterly about 200.00 feet to co- thorized by the first section of the Act of August said northerly side line of West Thompson Road, ordinates N438,874.02, E810,206.72, thence run- 30, 1935 (49 Stat. 1030, chapter 831), and modi- by a curve to the left, having a radius of 640.00 ning northeasterly about 400.00 feet to coordi- fied by section 101 of the River and Harbor Act feet a distance of 169.30 feet to a point; nates N439,170.07, E810,475,70, thence running of 1950 (64 Stat. 164), consisting of a 35-foot-deep Thence North 13 degrees, 08 minutes, 37 sec- southwesterly about 447.21 feet to the point of channel beginning at a point along the western onds East by the side line of said West Thomp- origin. limit of the authorized project, N644100.411, son Road a distance of 10.00 feet to a point; (8) DULUTH-SUPERIOR HARBOR, MINNESOTA E2129256.91, thence running southeast about Thence in a generally westerly direction by AND WISCONSIN.—The portion of the project for 38.25 feet to a point N644068.885, E2129278.565, the northerly side line of said West Thompson navigation, Duluth-Superior Harbor, Minnesota thence running south about 1163.86 feet to a Road, by a curve to the left having a radius of and Wisconsin, authorized by the first section of point N642912.127, E2129150.209, thence running 650.00 feet a distance of 109.88 feet to a bound the Act entitled ‘‘An Act making appropriations southwest about 56.9 feet to a point N642864.09, labeled WT–123, at land now or formerly of the for the construction, repair, and preservation of E2129119.725, thence running north along the United States of America; certain public works on rivers and harbors, and western limit of the project to the point of ori- Thence North 44 degrees, 43 minutes, 07 sec- for other purposes’’, approved June 3, 1896 (29 gin. onds East by said land now or formerly of the Stat. 212), known as the 21st Avenue West (13) WARWICK COVE, RHODE ISLAND.—The por- United States of America a distance of 185.00 Channel, beginning at the most southeasterly tion of the project for navigation, Warwick feet to a point; point of the channel N423074.09, E2871635.43 Cove, Rhode Island, carried out under section Thence North 67 degrees, 34 minutes, 13 sec- thence running north-northwest about 1854.83 107 of the River and Harbor Act of 1960 (33 onds East by said land now or formerly of the feet along the easterly limit of the project to a U.S.C. 577), that is located within the 5-acre, 6- United States of America a distance of 200.19 point N424706.69, E2870755.48, thence running foot anchorage area west of the channel: begin- feet to a point in a stonewall; northwesterly about 111.07 feet to a point on the ning at a point with coordinates N221,150.027, Thence South 20 degrees, 49 minutes, 17 sec- northerly limit of the project N424777.27, E528,960.028, thence running southerly about onds East by a stonewall and by said land now E2870669.46, thence west-southwest 157.88 feet 257.39 feet to a point with coordinates or formerly of the United States of America a along the north limit of the project to a point N220,892.638, E528,960.028, thence running distance of 253.10 feet to a point at land now or N424703.04, E2870530.38, thence south-southeast northwesterly about 346.41 feet to a point with formerly of West Thompson Independent Fire- 1978.27 feet to the most southwesterly point coordinates N221,025.270, E528,885.780, thence men Association No. 1; N422961.45, E2871469.07, thence northeasterly running northeasterly about 145.18 feet to the Thence North 57 degrees, 45 minutes, 25 sec- 201.00 feet along the southern limit of the point of origin. onds West by land now or formerly of said West project to the point of origin. (b) ROCKPORT HARBOR, MASSACHUSETTS.—The Thompson Independent Firemen Association No. (9) TREMLEY POINT, NEW JERSEY.—The portion project for navigation, Rockport Harbor, Massa- 1 a distance of 89.04 feet to a bound labeled WT– of the Federal navigation channel, New York chusetts, carried out under section 107 of the 277; and New Jersey Channels, New York and New River and Harbor Act of 1960 (33 U.S.C. 577), is Thence South 32 degrees, 14 minutes, 35 sec- Jersey, authorized by the first section of the Act modified— onds West by land now or formerly of said West entitled ‘‘An Act authorizing the construction, (1) to redesignate a portion of the 8-foot north Thompson Independent Firemen Association No. repair, and preservation of certain public works outer anchorage as part of the 8-foot approach 1 a distance of 123.06 feet to the point of begin- on rivers and harbors, and for other purposes’’, channel to the north inner basin described as ning. approved August 30, 1935 (49 Stat. 1030), and follows: the perimeter of the area starts at a (3) REVERSION.—If the Secretary determines modified by section 101 of the River and Harbor point with coordinates N605,792.110, that the parcel described in paragraph (2) ceases Act of 1950 (64 Stat. 164), that consists of a 35- E838,020.009, thence running south 89 degrees 12 to be held in public ownership or used for fire foot deep channel beginning at a point along minutes 27.1 seconds east 64.794 feet to a point fighting and related emergency services, all the western limit of the authorized project, N605,791.214, E838,084.797, thence running south right, title, and interest in and to the parcel N644100.411, E129256.91, thence running south- 47 degrees 18 minutes 54.0 seconds west 40.495 shall revert to the United States, at the option easterly about 38.25 feet to a point N644068.885, feet to a point N605,763.760, E838,055.030, thence of the United States. E129278.565, thence running southerly about running north 68 degrees 26 minutes 49.0 sec- (b) WASHINGTON, DISTRICT OF COLUMBIA.— 1,163.86 feet to a point N642912.127, E129150.209, onds west 43.533 feet to a point N605,779.750, (1) IN GENERAL.—The Secretary shall convey thence running southwesterly about 56.89 feet to E838,014.540, thence running north 23 degrees 52 to the Lucy Webb Hayes National Training a point N642864.09, E2129119.725, thence running minutes 08.4 seconds east 13.514 feet to the point School for Deaconesses and Missionaries Con- northerly along the existing western limit of the of origin; and ducting Sibley Memorial Hospital (in this sub- existing project to the point of origin. (2) to realign a portion of the 8-foot north section referred to as the ‘‘Hospital’’) by quit- (10) ANGOLA, NEW YORK.—The project for ero- inner basin approach channel by adding an claim deed under the terms of a negotiated sale, sion protection, Angola Water Treatment Plant, area described as follows: the perimeter of the all right, title, and interest of the United States Angola, New York, constructed under section 14 area starts at a point with coordinates in and to the 8.864-acre parcel of land described of the Flood Control Act of 1946 (33 U.S.C. 701r). N605,792.637, E837,981.920, thence running south in paragraph (2) for medical care and parking

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purposes. The consideration paid under such ations of the Washington Aqueduct arising from (d) OTTAWA, ILLINOIS.— negotiated sale shall reflect the value of the par- any impact such operations may have on the ac- (1) CONVEYANCE OF PROPERTY.—Subject to the cel, taking into consideration the terms and con- tivities conducted by the Hospital on the parcel. terms, conditions, and reservations of paragraph ditions of the conveyance imposed under this (C) EASEMENT.—The Secretary shall require (2), the Secretary shall convey by quitclaim deed subsection. that the conveyance be subject to the retention to the Young Men’s Christian Association of Ot- (2) LAND DESCRIPTION.—The parcel of land re- of an easement permitting the United States, tawa, Illinois (in this subsection referred to as ferred to in paragraph (1) is the parcel described and its successors and assigns, to use and main- the ‘‘YMCA’’), all right, title, and interest of the as follows: Beginning at a point on the westerly tain the portion of the parcel described as fol- United States in and to a portion of the ease- right-of-way line of Dalecarlia Parkway, said lows: Beginning at a point on the easterly or ments acquired for the improvement of the Illi- point also being on the southerly division line of South 35° 05′ 40′′ East—436.31 foot plat line of nois Waterway project over a parcel of real part of Square N1448, A&T Lot 801 as recorded Lot 25 as shown on a subdivision plat recorded property owned by the YMCA, known as the in A&T 2387 and part of the property of the in book 175 page 102 among the records of the ‘‘Ottawa, Illinois, YMCA Site’’, and located at United States Government, thence with said Office of the Surveyor of the District of Colum- 201 E. Jackson Street, Ottawa, La Salle County, southerly division line now described: bia, said point also being on the northerly right- Illinois (portion of NE1⁄4, S11, T33N, R3E 3PM), (A) North 35° 05′ 40′′ West—436.31 feet to a of-way line of Dalecarlia Parkway, thence run- except that portion lying below the elevation of point, thence ning with said easterly line of Lot 25 and cross- 461 feet National Geodetic Vertical Datum. (B) South 89° 59′ 30′′ West—550 feet to a point, ing to include a portion of the aforesaid (2) CONDITIONS.—The following conditions thence Dalecarlia Reservoir Grounds as now described: apply to the conveyance under paragraph (1): (C) South 53° 48′ 00′′ West—361.08 feet to a (i) North 35° 05′ 40′′ West—495.13 feet to a (A) The exact acreage and the legal descrip- point, thence point, thence tion of the real property described in paragraph (D) South 89° 59′ 30′′ West—466.76 feet to a (ii) North 87° 24′ 50′′ West—414.43 feet to a (1) shall be determined by a survey that is satis- point at the southwesterly corner of the afore- point, thence factory to the Secretary. said A&T Lot 801, said point also being on the (iii) South 81° 08′ 00′′ West—69.56 feet to a (B) The YMCA shall agree to hold and save easterly right-of-way line of MacArthur Boule- point, thence the United States harmless from liability associ- vard, thence with a portion of the westerly divi- (iv) South 88° 42′ 48′′ West—367.50 feet to a ated with the operation and maintenance of the sion line of said A&T Lot 801 and the easterly point, thence Illinois Waterway project on the property de- right-of-way line of MacArthur Boulevard, as (v) South 87° 09′ 00′′ West—379.68 feet to a scribed in paragraph (1). now described. point on the easterly right-of-way line of Mac- (C) If the Secretary determines that any por- (E) 78.62 feet along the arc of a curve to the Arthur Boulevard, thence with said easterly tion of the property that is the subject of the right having a radius of 650.98 feet, chord bear- right-of-way line, as now described easement conveyed under paragraph (1) ceases ing and distance of North 06° 17′ 20′′ West—78.57 (vi) North 08° 41′ 30′′ East—30.62 feet to a to be used for the purposes for which the YMCA feet to a point, thence crossing to include a por- point, thence crossing to include a portion of was established, all right, title, and interest in tion of aforesaid A&T Lot 801 and a portion of the aforesaid Dalecarlia Reservoir Grounds, as and to such easement shall revert to the United the aforesaid Dalecarlia Reservoir Grounds, as now described States, at the option of the United States. now described (vii) North 87° 09′ 00′′ East—373.96 feet to a (e) BAYOU TECHE, LOUISIANA.— (1) IN GENERAL.—After renovations of the (F) North 87° 18′ 21′′ East—258.85 feet to a point, thence Keystone Lock facility have been completed, the point, thence (viii) North 88° 42′ 48′′ East—374.92 feet to a (G) North 02° 49′ 16′′ West—214.18 feet to a point, thence Secretary may convey by quitclaim deed without point, thence (ix) North 56° 53′ 40′′ East—53.16 feet to a consideration to St. Martin Parish, Louisiana, (H) South 87° 09′ 00′′ West—238.95 feet to a point, thence all rights, title, and interests of the United point on the aforesaid easterly right-of-way line (x) North 86° 00′ 15′′ East—26.17 feet to a States in the approximately 12.03 acres of land of MacArthur Boulevard, thence with said eas- point, thence under the administrative jurisdiction of the Sec- terly right-of-way line, as now described (xi) South 87° 24′ 50′′ East—464.01 feet to a retary in Bayou Teche, Louisiana, together (I) North 08° 41′ 30′′ East—30.62 feet to a point, point, thence with improvements thereon. The dam and the thence crossing to include a portion of aforesaid (xii) North 83° 34′ 31′′ East—50.62 feet to a authority to retain upstream pool elevations A&T Lot 801 and a portion of the aforesaid point, thence shall remain under the jurisdiction of the Sec- Dalecarlia Reservoir Grounds, as now described (xiii) South 02° 35′ 10′′ West—46.46 feet to a retary. The Secretary shall relinquish all oper- (J) North 87° 09′ 00′′ East—373.96 feet to a point, thence ations and maintenance of the lock to St. Mar- point, thence (xiv) South 13° 38′ 12′′ East—107.83 feet to a tin Parish. (K) North 88° 42′ 48′′ East—374.92 feet to a point, thence (2) CONDITIONS.—The following conditions point, thence (xv) South 35° 05′ 40′′ East—347.97 feet to a apply to the transfer under paragraph (1): (L) North 56° 53′ 40′′ East—53.16 feet to a point on the aforesaid northerly right-of-way (A) St. Martin Parish shall operate, maintain, point, thence line of Dalecarlia Parkway, thence with said repair, replace, and rehabilitate the lock in ac- (M) North 86° 00′ 15′′ East—26.17 feet to a right-of-way line, as now described cordance with regulations prescribed by the Sec- point, thence (xvi) 44.12 feet along the arc of a curve to the retary that are consistent with the project’s au- (N) South 87° 24′ 50′′ East—464.01 feet to a right having a radius of 855.00 feet, chord bear- thorized purposes. point, thence ing and distance of South 58° 59′ 22′′ West—44.11 (B) The Parish shall provide the Secretary ac- (O) North 83° 34′ 31′′ East—212.62 feet to a feet to the place of beginning containing 1.7157 cess to the dam whenever the Secretary notifies point, thence acres of land more or less as now described by the Parish of a need for access to the dam. (C) If the Parish fails to comply with subpara- (P) South 30° 16′ 12′′ East—108.97 feet to a Maddox Engineers and Surveyors, Inc., June graph (A), the Secretary shall notify the Parish point, thence 2000, Job #00015. of such failure. If the parish does not correct (Q) South 38° 30′ 23′′ East—287.46 feet to a (4) APPRAISAL.—Before conveying any right, point, thence title, or interest under this subsection, the Sec- such failure during the 1-year period beginning (R) South 09° 03′ 38′′ West—92.74 feet to the retary shall obtain an appraisal of the fair mar- on the date of such notification, the Secretary point on the aforesaid westerly right-of-way line ket value of the parcel. shall have a right of reverter to reclaim possession and title to the land and improvements con- of Dalecarlia Parkway, thence with said west- (c) JOLIET, ILLINOIS.— erly right-of-way line, as now described (1) IN GENERAL.—Subject to the provisions of veyed under this section or, in the case of a fail- (S) 197.74 feet along the arc of a curve to the this subsection, the Secretary shall convey by ure to make necessary repairs, the Secretary right having a radius of 916.00 feet, chord bear- quitclaim deed without consideration to the Jo- may effect the repairs and require payment from ing and distance of South 53° 54′ 43′′ West— liet Park District in Joliet, Illinois, all right, the Parish for the repairs made by the Sec- 197.35 feet to the place of beginning. title, and interest of the United States in and to retary. (f) ONTONAGON, MICHIGAN.— (3) TERMS AND CONDITIONS.—The conveyance the parcel of real property located at 622 Rail- (1) IN GENERAL.—The Secretary may convey to under this subsection shall be subject to the fol- road Street in the city of Joliet, consisting of ap- the Ontonagon County Historical Society, at lowing terms and conditions: proximately 2 acres, together with any improve- Federal expense— (A) LIMITATION ON THE USE OF CERTAIN POR- ments thereon, for public ownership and use as (A) the lighthouse at Ontonagon, Michigan; TIONS OF THE PARCEL.—The Secretary shall in- the site of the headquarters of the park district. and clude in any deed conveying the parcel under (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— (B) the land underlying and adjacent to the this section a restriction to prevent the Hospital, The exact acreage and the legal description of lighthouse (including any improvements on the and its successors and assigns, from con- the real property described in paragraph (1) land) that is under the jurisdiction of the Sec- structing any structure, other than a structure shall be determined by a survey that is satisfac- retary. used exclusively for the parking of motor vehi- tory to the Secretary. (2) MAP.—The Secretary shall— cles, on the portion of the parcel that lies be- (3) REVERSION.—If the Secretary determines (A) determine the extent of the land convey- tween the Washington Aqueduct and Little that the property conveyed under paragraph (1) ance under this subsection; Falls Road. ceases to be held in public ownership or to be (B) determine the exact acreage and legal de- (B) LIMITATION ON CERTAIN LEGAL CHAL- used as headquarters of the park district or for scription of the land to be conveyed under this LENGES.—The Secretary shall require the Hos- related purposes, all right, title, and interest in subsection; and pital, and its successors and assigns, to refrain and to the property shall revert to the United (C) prepare a map that clearly identifies any from raising any legal challenge to the oper- States, at the option of the United States. land to be conveyed.

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(3) ENVIRONMENTAL RESPONSE.—To the extent the United States, in cash or a cash equivalent, of Army Lease No. DACW21–1–93–0910 and asso- required under any applicable law, the Sec- an amount equal to the difference between the ciated supplemental agreements. retary shall be responsible for any necessary en- 2 values. ‘‘(B) SURVEY.—The exact acreage and legal vironmental response required as a result of the (h) ST. CLAIR AND BENTON COUNTIES, MIS- description of the land shall be determined by a prior Federal use or ownership of the land and SOURI.— survey satisfactory to the Secretary, with the improvements conveyed under this subsection. (1) IN GENERAL.—The Secretary shall convey cost of the survey borne by the State. (4) RESPONSIBILITIES AFTER CONVEYANCE.— to the Iconium Fire Protection District, St. Clair ‘‘(3) COSTS OF CONVEYANCE.—The State shall After the conveyance of land under this sub- and Benton counties, Missouri, by quitclaim be responsible for all costs, including real estate section, the Ontonagon County Historical Soci- deed and without consideration, all right, title, transaction and environmental compliance ety shall be responsible for any additional oper- and interest of the United States in and to the costs, associated with the conveyance. ation, maintenance, repair, rehabilitation, or re- parcel of land described in paragraph (2). ‘‘(4) PERPETUAL STATUS.— placement costs associated with the lighthouse (2) LAND DESCRIPTION.—The parcel of land to ‘‘(A) IN GENERAL.—All land conveyed under or the conveyed land and improvements. be conveyed under paragraph (1) is the tract of this subsection shall be retained in public own- 1 (5) APPLICABILITY OF ENVIRONMENTAL LAW.— land located in the Southeast ⁄4 of Section 13, ership and shall be managed in perpetuity for Nothing in this section affects the potential li- Township 39 North, Range 25 West, of the Fifth fish and wildlife mitigation purposes in accord- ability of any person under any applicable envi- Principal Meridian, St. Clair County, Missouri, ance with a plan approved by the Secretary. ronmental law. more particularly described as follows: Com- ‘‘(B) REVERSION.—If any parcel of land is not (6) REVERSION.—If the Secretary determines mencing at the Southwest corner of Section 18, managed for fish and wildlife mitigation pur- that the property conveyed under paragraph (1) as designated by Corps survey marker AP 18–1, poses in accordance with the plan, title to the ceases to be owned by the Ontonagon County thence northerly 11.22 feet to the southeast cor- parcel shall revert to the United States, at the Historical Society or to be used for public pur- ner of Section 13, thence 657.22 feet north along option of the United States. poses, all right, title, and interest in and to such the east line of Section 13 to Corps monument 18 ‘‘(5) ADDITIONAL TERMS AND CONDITIONS.— property shall revert to the United States, at the 1–C lying within the right-of-way of State High- The Secretary may require such additional option of the United States. way C, being the point of beginning of the tract terms and conditions in connection with the of land herein described; thence westerly ap- (g) PIKE COUNTY, MISSOURI.— conveyance under this subsection as the Sec- (1) IN GENERAL.—Subject to paragraphs (3) proximately 210 feet, thence northerly 150 feet, retary considers appropriate to protect the inter- and (4), at such time as S.S.S., Inc. conveys all thence easterly approximately 210 feet to the ests of the United States. right, title, and interest in and to the parcel of east line of Section 13, thence southerly along ‘‘(6) FISH AND WILDLIFE MITIGATION AGREE- land described in paragraph (2)(A) to the United said east line, 150 feet to the point of beginning, MENT.— ‘‘(A) IN GENERAL.—The Secretary shall pay States, the Secretary shall convey all right, title, containing 0.723 acres, more or less. (3) REVERSION.—If the Secretary determines the State of South Carolina $4,850,000, subject to and interest of the United States in and to the that the property conveyed under paragraph (1) the Secretary and the State entering into a con- parcel of land described in paragraph (2)(B) to ceases to be held in public ownership or to be tract for the State to manage for fish and wild- S.S.S., Inc. used as a site for a fire station, all right, title, life mitigation purposes in perpetuity the parcels (2) LAND DESCRIPTION.—The parcels of land of land conveyed under this subsection. referred to in paragraph (1) are the following: and interest in and to the property shall revert to the United States, at the option of the United ‘‘(B) FAILURE OF PERFORMANCE.—The agree- (A) NON-FEDERAL LAND.—8.99 acres with exist- ment shall specify the terms and conditions ing flowage easements, located in Pike County, States. (i) CANDY LAKE PROJECT, OSAGE COUNTY, under which payment will be made and the Missouri, adjacent to land being acquired from OKLAHOMA.—Section 563(c)(1)(B) of the Water rights of, and remedies available to, the Federal Holnam, Inc. by the Corps of Engineers. Resources Development Act of 1999 (113 Stat. Government to recover all or a portion of the (B) FEDERAL LAND.—8.99 acres located in Pike 357) is amended by striking ‘‘a deceased indi- payment if the State fails to manage any parcel County, Missouri, known as ‘‘Government Tract vidual’’ and inserting ‘‘an individual’’. in a manner satisfactory to the Secretary.’’. Numbers FM–46 and FM–47’’, administered by (j) MANOR TOWNSHIP, PENNSYLVANIA.— (l) SAVANNAH RIVER, SOUTH CAROLINA.— the Corps of Engineers. (1) IN GENERAL.—In accordance with this sub- (1) DEFINITION OF NEW SAVANNAH BLUFF LOCK (3) CONDITIONS.—The land exchange under section, the Secretary shall convey by quitclaim AND DAM.—In this subsection, the term ‘‘New paragraph (1) shall be subject to the following deed to the township of Manor, Pennsylvania, Savannah Bluff Lock and Dam’’ means— conditions: all right, title, and interest of the United States (A) the lock and dam at New Savannah Bluff, (A) DEEDS.— in and to the approximately 113 acres of real Savannah River, Georgia and South Carolina; (i) NON-FEDERAL LAND.—The conveyance of property located at Crooked Creek Lake, to- and the parcel of land described in subsection (2)(A) gether with any improvements on the land. (B) the appurtenant features to the lock and to the Secretary shall be by a warranty deed ac- (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— dam, including— ceptable to the Secretary. The exact acreage and the legal description of (i) the adjacent approximately 50-acre park (ii) FEDERAL LAND.—The instrument of con- the real property described in paragraph (1) and recreation area with improvements made veyance used to convey the parcel of land de- shall be determined by a survey that is satisfac- under the project for navigation, Savannah scribed in subsection (2)(B) to S.S.S., Inc. shall tory to the Secretary. River below Augusta, Georgia, authorized by contain such reservations, terms, and conditions (3) CONSIDERATION.—The Secretary may con- the first section of the Act of July 3, 1930 (46 as the Secretary considers necessary to allow vey under this subsection without consideration Stat. 924) and the first section of the Act of Au- the United States to operate and maintain the any portion of the real property described in gust 30, 1935 (49 Stat. 1032); and Mississippi River 9-Foot Navigation Project. paragraph (1) if the portion is to be retained in (ii) other land that is part of the project and (B) REMOVAL OF IMPROVEMENTS.— public ownership and be used for public park that the Secretary determines to be appropriate (i) IN GENERAL.—S.S.S., Inc. may remove, and and recreation or other public purposes. for conveyance under this subsection. the Secretary may require S.S.S., Inc. to remove, (4) REVERSION.—If the Secretary determines (2) REPAIR AND CONVEYANCE.—After execution any improvements on the parcel of land de- that any portion of the property conveyed under of an agreement between the Secretary and the scribed in subsection (2)(A). paragraph (3) ceases to be held in public owner- city of North Augusta and Aiken County, South (ii) NO LIABILITY.—If S.S.S., Inc., voluntarily ship or to be used for public park and recreation Carolina, the Secretary— or under direction from the Secretary, removes or other public purposes, all right, title, and in- (A) shall repair and rehabilitate the New Sa- an improvement on the parcel of land described terest in and to such portion of property shall vannah Bluff Lock and Dam, at Federal ex- in paragraph (2)(A)— revert to the United States, at the option of the pense of an estimated $5,300,000; and (I) S.S.S., Inc. shall have no claim against the United States. (B) after repair and rehabilitation, may con- United States for liability; and (k) RICHARD B. RUSSELL DAM AND LAKE, vey the New Savannah Bluff Lock and Dam, (II) the United States shall not incur or be lia- SOUTH CAROLINA.—Section 563(i) of the Water without consideration, to the city of North Au- ble for any cost associated with the removal or Resources Development Act of 1999 (113 Stat. gusta and Aiken County, South Carolina. relocation of the improvement. 360–361) is amended to read as follows: (3) TREATMENT OF NEW SAVANNAH BLUFF LOCK (C) TIME LIMIT FOR LAND EXCHANGE.—Not ‘‘(i) RICHARD B. RUSSELL DAM AND LAKE, AND DAM.—The New Savannah Bluff Lock and later than 2 years after the date of enactment of SOUTH CAROLINA.— Dam shall not be considered to be part of any this Act, the land exchange under paragraph (1) ‘‘(1) IN GENERAL.—The Secretary shall convey Federal project after the conveyance under shall be completed. to the State of South Carolina all right, title, paragraph (2). (D) LEGAL DESCRIPTION.—The Secretary shall and interest of the United States in and to the (4) OPERATION AND MAINTENANCE.— provide legal descriptions of the parcels of land parcels of land described in paragraph (2)(A) (A) BEFORE CONVEYANCE.—Before the convey- described in paragraph (2), which shall be used that are being managed, as of August 17, 1999, ance under paragraph (2), the Secretary shall in the instruments of conveyance of the parcels. by the South Carolina Department of Natural continue to operate and maintain the New Sa- (4) VALUE OF PROPERTIES.—If the appraised Resources for fish and wildlife mitigation pur- vannah Bluff Lock and Dam. fair market value, as determined by the Sec- poses for the Richard B. Russell Dam and Lake, (B) AFTER CONVEYANCE.—After the convey- retary, of the parcel of land conveyed to S.S.S., South Carolina, project authorized by section ance under paragraph (2), operation and main- Inc. by the Secretary under paragraph (1) ex- 203 of the Flood Control Act of 1966 (80 Stat. tenance of all features of the project for naviga- ceeds the appraised fair market value, as deter- 1420). tion, Savannah River below Augusta, Georgia, mined by the Secretary, of the parcel of land ‘‘(2) LAND DESCRIPTION.— described in paragraph (1)(B)(i), other than the conveyed to the United States by S.S.S., Inc. ‘‘(A) IN GENERAL.—The parcels of land to be New Savannah Bluff Lock and Dam, shall con- under paragraph (1), S.S.S., Inc. shall pay to conveyed are described in Exhibits A, F, and H tinue to be a Federal responsibility.

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(m) TRI-CITIES AREA, WASHINGTON.—Section E667,826.88, thence running north 79 degrees 09 (3) SPRING LAKE, ILLINOIS.—Project for flood 501(i) of the Water Resources Development Act minutes 31.6 seconds east 100.872 feet to a point control, Spring Lake, Illinois, authorized by sec- of 1996 (110 Stat. 3752–3753) is amended— N248,499.73, E667,925.95, thence running north tion 5 of the Flood Control Act of June 22, 1936 (1) by inserting before the period at the end of 13 degrees 47 minutes 27.6 seconds west 95.126 (49 Stat. 1584). paragraph (1) the following: ‘‘; except that any feet to a point N248,592.12, E667,903.28, thence (4) PORT ORFORD, OREGON.—Project for navi- of such local governments, with the agreement running south 79 degrees 09 minutes 31.6 sec- gation, Port Orford, Oregon, authorized by sec- of the appropriate district engineer, may exempt onds west 115.330 feet to a point N248,570.42, tion 301 of River and Harbor Act of 1965 (79 from the conveyance to the local government all E667,790.01, thence running north 22 degrees 21 Stat. 1092). or any part of the property to be conveyed to minutes 20.8 seconds west 816.885 feet to a point SEC. 402. LOWER MISSISSIPPI RIVER RESOURCE the local government’’; and N249,325.91, E667,479.30, thence running north ASSESSMENT. (2) by inserting before the period at the end of 07 degrees 03 minutes 00.3 seconds west 305.680 (a) ASSESSMENTS.—The Secretary, in coopera- paragraph (2)(C) the following: ‘‘; except that feet to a point N249,629.28, E667,441.78, thence tion with the Secretary of the Interior and the approximately 7.4 acres in Columbia Park, running north 65 degrees 21 minutes 33.8 sec- States of Arkansas, Illinois, Kentucky, Lou- Kennewick, Washington, consisting of the his- onds east 105.561 feet to the point of origin. isiana, Mississippi, Missouri, and Tennessee, toric site located in the Park and known and re- (2) CEDAR BAYOU, TEXAS.—The project for shall undertake for the Lower Mississippi River ferred to as the ‘‘Kennewick Man Site’’ and navigation, Cedar Bayou, Texas, authorized by system— such adjacent wooded areas as the Secretary de- the first section of the Act entitled ‘‘An Act (1) an assessment of information needed for termines are necessary to protect the historic making appropriations for the construction, re- river-related management; site, shall remain in Federal ownership’’. pair, and preservation of certain public works (2) an assessment of natural resource habitat (n) GENERALLY APPLICABLE PROVISIONS.— on rivers and harbors, and for other purposes’’, needs; and (1) APPLICABILITY OF PROPERTY SCREENING approved September 19, 1890 (26 Stat. 444), and (3) an assessment of the need for river-related PROVISIONS.—Section 2696 of title 10, United modified by the first section of the Act entitled recreation and access. States Code, shall not apply to any conveyance ‘‘An Act authorizing the construction, repair, (b) PERIOD.—Each assessment referred to in under this section. and preservation of certain public works on riv- subsection (a) shall be carried out for 2 years. (2) ADDITIONAL TERMS AND CONDITIONS.—The ers and harbors, and for other purposes’’, ap- (c) REPORTS.—Before the last day of the sec- Secretary may require that any conveyance proved July 3, 1930 (46 Stat. 926), and deauthor- ond year of an assessment under subsection (a), under this section be subject to such additional ized by section 1002 of the Water Resources De- the Secretary, in cooperation with the Secretary terms and conditions as the Secretary considers velopment Act of 1986 (100 Stat. 4219), except of the Interior and the States of Arkansas, Illi- appropriate and necessary to protect the inter- that the project is authorized only for construc- nois, Kentucky, Louisiana, Mississippi, Mis- ests of the United States. tion of a navigation channel 12 feet deep by 125 souri, and Tennessee, shall transmit to Congress (3) COSTS OF CONVEYANCE.—An entity to feet wide from mile ¥2.5 (at the junction with a report on the results of the assessment to Con- which a conveyance is made under this section the Houston Ship Channel) to mile 11.0 on gress. The report shall contain recommendations shall be responsible for all reasonable and nec- Cedar Bayou. for— essary costs, including real estate transaction (b) REDESIGNATION.—The following portion of (1) the collection, availability, and use of in- and environmental compliance costs, associated the 11-foot channel of the project for naviga- formation needed for river-related management; with the conveyance. tion, Narraguagus River, Milbridge, Maine, re- (2) the planning, construction, and evaluation (4) LIABILITY.—An entity to which a convey- ferred to in subsection (a)(1) is redesignated as of potential restoration, protection, and en- ance is made under this section shall hold the anchorage: starting at a point with coordinates hancement measures to meet identified habitat United States harmless from any liability with N248,413.92, E668,000.24, thence running south needs; and respect to activities carried out, on or after the 20 degrees 09 minutes 57.8 seconds east 1325.205 (3) potential projects to meet identified river date of the conveyance, on the real property feet to a point N247,169.95, E668,457.09, thence access and recreation needs. conveyed. The United States shall remain re- running north 51 degrees 30 minutes 05.7 sec- (d) LOWER MISSISSIPPI RIVER SYSTEM DE- sponsible for any liability with respect to activi- onds west 562.33 feet to a point N247,520.00, FINED.—In this section, the term ‘‘Lower Mis- ties carried out, before such date, on the real E668,017.00, thence running north 01 degrees 04 sissippi River system’’ means those river reaches property conveyed. minutes 26.8 seconds west 894.077 feet to the and adjacent floodplains within the Lower Mis- point of origin. sissippi River alluvial valley having commercial SEC. 349. PROJECT REAUTHORIZATIONS. navigation channels on the Mississippi (a) IN GENERAL.—Each of the following SEC. 350. CONTINUATION OF PROJECT AUTHOR- IZATIONS. mainstem and tributaries south of Cairo, Illi- projects may be carried out by the Secretary, nois, and the Atchafalaya basin floodway sys- and no construction on any such project may be (a) IN GENERAL.—Notwithstanding section 1001(b)(2) of the Water Resources Development tem. initiated until the Secretary determines that the (e) AUTHORIZATION OF APPROPRIATIONS.— project is technically sound, environmentally Act of 1986 (33 U.S.C. 579a(b)(2)), the following projects shall remain authorized to be carried There is authorized to be appropriated $1,750,000 acceptable, and economically justified, as ap- to carry out this section. propriate: out by the Secretary: (1) The projects for flood control, Sacramento SEC. 403. UPPER MISSISSIPPI RIVER BASIN SEDI- (1) NARRAGUAGUS RIVER, MILBRIDGE, MAINE.— MENT AND NUTRIENT STUDY. Only for the purpose of maintenance as anchor- River, California, modified by section 10 of the Flood Control Act of December 22, 1944 (58 Stat. (a) IN GENERAL.—In conjunction with the Sec- age, those portions of the project for navigation, retary of Agriculture and the Secretary of the Narraguagus River, Milbridge, Maine, author- 900–901). (2) The project for flood protection, Sac- Interior, the Secretary shall conduct a study ized by section 2 of the Act entitled ‘‘An Act ramento River from Chico Landing to Red Bluff, to— making appropriations for the construction, re- California, authorized by section 203 of the (1) identify and evaluate significant sources of pair, completion, and preservation of certain Flood Control Act of 1958 (72 Stat. 314). sediment and nutrients in the upper Mississippi works on rivers and harbors, and for other pur- (b) LIMITATION.—A project described in sub- River basin; poses’’, approved June 14, 1880 (21 Stat. 195), section (a) shall not be authorized for construc- (2) quantify the processes affecting mobiliza- and deauthorized under section 101 of the River tion after the last day of the 7-year period be- tion, transport, and fate of those sediments and and Harbor Act of 1962 (75 Stat. 1173), lying ad- ginning on the date of enactment of this Act, nutrients on land and in water; and jacent to and outside the limits of the 11-foot unless, during such period, funds have been ob- (3) quantify the transport of those sediments and 9-foot channel authorized as part of the ligated for the construction (including planning and nutrients to the upper Mississippi River and project for navigation, authorized by such sec- and design) of the project. the tributaries of the upper Mississippi River. tion 101, as follows: (b) STUDY COMPONENTS.— (A) An area located east of the 11-foot chan- SEC. 351. WATER QUALITY PROJECTS. Section 307(a) of the Water Resources Devel- (1) COMPUTER MODELING.—In carrying out the nel starting at a point with coordinates study under this section, the Secretary shall de- N248,060.52, E668,236.56, thence running south opment Act of 1992 (106 Stat. 4841) is amended by striking ‘‘Jefferson and Orleans Parishes’’ velop computer models of the upper Mississippi 36 degrees 20 minutes 52.3 seconds east 1567.242 River basin, at the subwatershed and basin feet to a point N246,798.21, E669,165.44, thence and inserting ‘‘Jefferson, Orleans, and St. Tam- many Parishes’’. scales, to— running north 51 degrees 30 minutes 06.2 sec- (A) identify and quantify sources of sediment onds west 839.855 feet to a point N247,321.01, TITLE IV—STUDIES and nutrients; and E668,508.15, thence running north 20 degrees 09 SEC. 401. STUDIES OF COMPLETED PROJECTS. (B) examine the effectiveness of alternative minutes 58.1 seconds west 787.801 feet to the The Secretary shall conduct a study under management measures. point of origin. section 216 of the Flood Control Act of 1970 (84 (2) RESEARCH.—In carrying out the study (B) An area located west of the 9-foot channel Stat. 1830) of each of the following completed under this section, the Secretary shall conduct starting at a point with coordinates N249,673.29, projects: research to improve the understanding of— E667,537.73, thence running south 20 degrees 09 (1) ESCAMBIA BAY AND RIVER, FLORIDA.— (A) fate processes and processes affecting sedi- minutes 57.8 seconds east 1341.616 feet to a point Project for navigation, Escambia Bay and River, ment and nutrient transport, with emphasis on N248,413.92, E668,000.24, thence running south Florida. nitrogen and phosphorus cycling and dynamics; 01 degrees 04 minutes 26.8 seconds east 371.688 (2) ILLINOIS RIVER, HAVANA, ILLINOIS.—Project (B) the influences on sediment and nutrient feet to a point N248,042.30, E668,007.21, thence for flood control, Illinois River, Havana, Illi- losses of soil type, slope, climate, vegetation running north 22 degrees 21 minutes 20.8 sec- nois, authorized by section 5 of the Flood Con- cover, and modifications to the stream drainage onds west 474.096 feet to a point N248,480.76, trol Act of June 22, 1936 (49 Stat. 1583). network; and

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.044 pfrm02 PsN: H31PT1 H11642 CONGRESSIONAL RECORD — HOUSE October 31, 2000 (C) river hydrodynamics, in relation to sedi- across the Yolo Bypass, and into the Tule section 101(b)(7) of the Water Resources Devel- ment and nutrient transformations, retention, Canal; and opment Act of 1996 (110 Stat. 3667), to determine, and transport. (3) such other features as the Secretary deter- if the project were modified to direct the Sec- (c) USE OF INFORMATION.—On request of a mines to be appropriate. retary to incorporate in the project any or all of Federal agency, the Secretary may provide in- SEC. 411. ESTUDILLO CANAL, SAN LEANDRO, the 7.1-mile reach of the project that was deleted formation for use in applying sediment and nu- CALIFORNIA. from the south reach of the project, as described trient reduction programs associated with land- The Secretary shall conduct a study to deter- in paragraph (5) of the Report of the Chief of use improvements and land management prac- mine the feasibility of carrying out a project for Engineers, dated December 23, 1996, whether the tices. flood damage reduction along the Estudillo project as modified would be technically sound, (d) REPORTS.— Canal, San Leandro, California. environmentally acceptable, and economically (1) PRELIMINARY REPORT.—Not later than 2 SEC. 412. LAGUNA CREEK, FREMONT, CALI- justified. years after the date of enactment of this Act, FORNIA. SEC. 420. CHOCTAWHATCHEE RIVER, FLORIDA. the Secretary shall transmit to Congress a pre- The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- liminary report that outlines work being con- mine the feasibility of carrying out a project for mine the Federal interest in dredging the mouth ducted on the study components described in flood damage reduction in the Laguna Creek of the Choctawhatchee River, Florida, to remove subsection (b). watershed, Fremont, California. the sand plug. (2) FINAL REPORT.—Not later than 5 years SEC. 413. LAKE MERRITT, OAKLAND, CALIFORNIA. SEC. 421. EGMONT KEY, FLORIDA. after the date of enactment of this Act, the Sec- The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- retary shall transmit to Congress a report de- mine the feasibility of carrying out a project for mine the feasibility of stabilizing the historic scribing the results of the study under this sec- ecosystem restoration, flood damage reduction, fortifications and beach areas of Egmont Key, tion, including any findings and recommenda- and recreation at Lake Merritt, Oakland, Cali- Florida, that are threatened by erosion. tions of the study. fornia. SEC. 422. UPPER OCKLAWAHA RIVER AND (e) FUNDING.— APOPKA/PALATLAKAHA RIVER BA- SEC. 414. LANCASTER, CALIFORNIA. (1) AUTHORIZATION OF APPROPRIATIONS.— SINS, FLORIDA. (a) IN GENERAL.—The Secretary shall evaluate There is authorized to be appropriated to carry (a) IN GENERAL.—The Secretary shall conduct the report of the city of Lancaster, California, out this section $4,000,000 for each of fiscal a restudy of flooding and water quality issues entitled ‘‘Master Plan of Drainage’’, to deter- years 2001 through 2005. in— mine whether the plans contained in the report (1) the upper Ocklawaha River basin, south of (2) FEDERAL SHARE.—The Federal share of the are feasible and in the Federal interest, includ- the Silver River; and cost of carrying out this section shall be 50 per- ing plans relating to drainage corridors located (2) the Apopka River and Palatlakaha River cent. at 52nd Street West, 35th Street West, North basins. SEC. 404. UPPER MISSISSIPPI RIVER COM- Armargosa, and 20th Street East. (b) REQUIRED ELEMENTS.—In carrying out PREHENSIVE PLAN. (b) REPORT.—Not later than September 30, subsection (a), the Secretary shall review the re- Section 459(e) of the Water Resources Develop- 2001, the Secretary shall transmit to Congress a port of the Chief of Engineers on the Four River ment Act of 1999 (113 Stat. 333) is amended by report on the results of the evaluation. Basins, Florida, project, published as House striking ‘‘date of enactment of this Act’’ and in- SEC. 415. OCEANSIDE, CALIFORNIA. Document No. 585, 87th Congress, and other per- serting ‘‘first date on which funds are appro- Not later than 32 months after the date of en- tinent reports to determine the feasibility of priated to carry out this section.’’. measures relating to comprehensive watershed actment of this Act, the Secretary shall conduct planning for water conservation, flood control, SEC. 405. OHIO RIVER SYSTEM. a study, at Federal expense, of plans— environmental restoration and protection, and The Secretary may conduct a study of com- (1) to mitigate for the erosion and other im- other issues relating to water resources in the modity flows on the Ohio River system. The pacts resulting from the construction of Camp river basins described in subsection (a). study shall include an analysis of the commod- Pendleton Harbor, Oceanside, California, as a ities transported on the Ohio River system, in- wartime measure; and SEC. 423. LAKE ALLATOONA WATERSHED, GEOR- GIA. cluding information on the origins and destina- (2) to restore beach conditions along the af- Section 413 of the Water Resources Develop- tions of these commodities and market trends, fected public and private shores to the condi- both national and international. ment Act of 1999 (113 Stat. 324) is amended to tions that existed before the construction of read as follows: SEC. 406. BALDWIN COUNTY, ALABAMA. Camp Pendleton Harbor. ‘‘SEC. 413. LAKE ALLATOONA WATERSHED, GEOR- The Secretary shall conduct a study to deter- SEC. 416. SAN JACINTO WATERSHED, CALI- GIA. mine the feasibility of carrying out beach ero- FORNIA. ‘‘(a) IN GENERAL.—The Secretary shall con- sion control, storm damage reduction, and other (a) IN GENERAL.—The Secretary shall conduct duct a comprehensive study of the Lake measures along the shores of Baldwin County, a watershed study for the San Jacinto water- Allatoona watershed, Georgia, to determine the Alabama. shed, California. feasibility of undertaking ecosystem restoration SEC. 407. BRIDGEPORT, ALABAMA. (b) AUTHORIZATION OF APPROPRIATIONS.— and resource protection measures. The Secretary shall review the construction of There is authorized to be appropriated to carry ‘‘(b) MATTERS TO BE ADDRESSED.—The study a channel performed by the non-Federal interest out this section $250,000. shall address streambank and shoreline erosion, at the project for navigation, Tennessee River, SEC. 417. SUISUN MARSH, CALIFORNIA. sedimentation, water quality, fish and wildlife Bridgeport, Alabama, to determine the Federal The investigation for Suisun Marsh, Cali- habitat degradation, and other problems relat- navigation interest in such work. fornia, authorized under the Energy and Water ing to ecosystem restoration and resource pro- SEC. 408–409. ARKANSAS RIVER NAVIGATION SYS- Development Appropriations Act, 2000 (Public tection in the Lake Allatoona watershed.’’. TEM. Law 106–60), shall be limited to evaluating the SEC. 424. BOISE RIVER, IDAHO. The Secretary shall expedite completion of the feasibility of the levee enhancement and man- The Secretary shall conduct a study to deter- Arkansas River navigation study, including the aged wetlands protection program for Suisun mine the feasibility of carrying out a project for feasibility of increasing the authorized channel Marsh, California. flood damage reduction along the Boise River, from 9 feet to 12 feet. SEC. 418. DELAWARE RIVER WATERSHED. Idaho. SEC. 410. CACHE CREEK BASIN, CALIFORNIA. (a) STUDY.—The Secretary shall conduct stud- SEC. 425. WOOD RIVER, IDAHO. (a) IN GENERAL.—The Secretary shall conduct ies and assessments to analyze the sources and The Secretary shall conduct a study to deter- a study to determine the feasibility of modifying impacts of sediment contamination in the Dela- mine the feasibility of carrying out a project for the project for flood control, Cache Creek Basin, ware River watershed. flood damage reduction along the Wood River in California, authorized by section 401(a) of the (b) ACTIVITIES.—Activities authorized under Blaine County, Idaho. Water Resources Development Act of 1986 (100 this section may be conducted by a university SEC. 426. CHICAGO, ILLINOIS. Stat. 4112), to authorize construction of features with expertise in research in contaminated sedi- (a) IN GENERAL.—The Secretary shall conduct to mitigate impacts of the project on the storm ment sciences. a study to determine the feasibility of carrying drainage system of the city of Woodland, Cali- (c) AUTHORIZATION OF APPROPRIATIONS.— out a project for shoreline protection along the fornia, that have been caused by construction of (1) AUTHORIZATION OF APPROPRIATIONS.— Chicago River, Chicago, Illinois. a new south levee of the Cache Creek Settling There is authorized to be appropriated to the (b) SITES.—Under subsection (a), the Sec- Basin. Secretary to carry out this section $5,000,000. retary shall study— (1) the USX/Southworks site; (b) REQUIRED ELEMENTS.—The study shall in- Such sums shall remain available until expended. (2) Calumet Lake and River; clude consideration of— (3) the Canal Origins Heritage Corridor; and (1) an outlet works through the Yolo Bypass (2) CORPS OF ENGINEERS EXPENSES.—10 percent (4) Ping Tom Park. capable of receiving up to 1,600 cubic feet per of the amounts appropriated to carry out this (c) USE OF INFORMATION; CONSULTATION.—In second of storm drainage from the city of Wood- section may be used by the Corps of Engineers carrying out this section, the Secretary shall use land and Yolo County; district offices to administer and implement available information from, and consult with, (2) a low-flow cross-channel across the Yolo studies and assessments under this section. appropriate Federal, State, and local agencies. Bypass, including all appurtenant features, SEC. 419. BREVARD COUNTY, FLORIDA. SEC. 427. CHICAGO SANITARY AND SHIP CANAL that is sufficient to route storm flows of 1,600 The Secretary shall prepare a general reevalu- SYSTEM, CHICAGO, ILLINOIS. cubic feet per second between the old and new ation report on the project for shoreline protec- The Secretary shall conduct a study to deter- south levees of the Cache Creek Settling Basin, tion, Brevard County, Florida, authorized by mine the feasibility of reducing the use of the

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.046 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11643 waters of Lake Michigan to support navigation needs of the Merrimack River basin, Massachu- ecosystem restoration measures in the Duck in the Chicago sanitary and ship canal system, setts and New Hampshire, in the manner de- Creek watershed, Ohio. Chicago, Illinois. scribed in section 729 of the Water Resources SEC. 448. FREMONT, OHIO. SEC. 428. LONG LAKE, INDIANA. Development Act of 1986 (100 Stat. 4164). In consultation with appropriate Federal, The Secretary shall conduct a study to deter- (b) CONSIDERATION OF OTHER STUDIES.—In State, and local agencies, the Secretary shall mine the feasibility of carrying out a project for carrying out this section, the Secretary may conduct a study to determine the feasibility of ecosystem restoration, Long Lake, Indiana. take into consideration any studies conducted carrying out projects for water supply and envi- SEC. 429. BRUSH AND ROCK CREEKS, MISSION by the University of New Hampshire on environ- ronmental restoration at the Ballville Dam on HILLS AND FAIRWAY, KANSAS. mental restoration of the Merrimack River Sys- the Sandusky River at Fremont, Ohio. The Secretary shall evaluate the preliminary tem. SEC. 449. STEUBENVILLE, OHIO. engineering report for the project for flood con- SEC. 439. WILD RICE RIVER, MINNESOTA. The Secretary shall conduct a study to deter- trol, Mission Hills and Fairway, Kansas, enti- The Secretary shall prepare a general reevalu- mine the feasibility of developing a public port tled ‘‘Preliminary Engineering Report: Brush ation report on the project for flood control, along the Ohio River in the vicinity of Steuben- Creek/Rock Creek Drainage Improvements, 66th Wild Rice River, Minnesota, authorized by sec- ville, Ohio. Street to State Line Road’’, to determine wheth- tion 201 of the Flood Control Act of 1970 (84 SEC. 450. GRAND LAKE, OKLAHOMA. Stat. 1825). In carrying out the reevaluation, the er the plans contained in the report are feasible (a) EVALUATION.—The Secretary shall— Secretary shall include river dredging as a com- and in the Federal interest. (1) evaluate the backwater effects specifically ponent of the study. SEC. 430. ATCHAFALAYA RIVER, BAYOUS CHENE, due to flood control operations on land around BOEUF, AND BLACK, LOUISIANA. SEC. 440. PORT OF GULFPORT, MISSISSIPPI. Grand Lake, Oklahoma; and The Secretary shall investigate the problems The Secretary shall conduct a study to deter- (2) transmit, not later than 180 days after the associated with the mixture of freshwater, salt- mine the feasibility of modifying the project for date of enactment of this Act, to Congress a re- water, and fine river silt in the channel of the navigation, Gulfport Harbor, Mississippi, au- port on whether Federal actions have been a project for navigation Atchafalaya River and thorized by section 202(a) of the Water Re- significant cause of the backwater effects. Bayous Chene, Boeuf, and Black, Louisiana, sources Development Act of 1986 (100 Stat. 4094) (b) FEASIBILITY STUDY.— authorized by section 101 of the River and Har- and modified by section 4(n) of the Water Re- (1) IN GENERAL.—The Secretary shall conduct bor Act of 1968 (82 Stat. 731), and recommend a sources Development Act of 1988 (102 Stat. 4017). a study to determine the feasibility of— solution to the problems. SEC. 441. LAS VEGAS VALLEY, NEVADA. (A) addressing the backwater effects of the op- SEC. 431. BOEUF AND BLACK, LOUISIANA. Section 432(b) of the Water Resources Devel- eration of the Pensacola Dam, Grand/Neosho The Secretary shall conduct a study to deter- opment Act of 1999 (113 Stat. 327) is amended by River basin, Oklahoma; and mine the feasibility of deepening the navigation inserting ‘‘recreation,’’ after ‘‘runoff),’’. (B) purchasing easements for any land that channel of the Atchafalaya River and Bayous SEC. 442. UPLAND DISPOSAL SITES IN NEW HAMP- has been adversely affected by backwater flood- Chene, Boeuf and Black, Louisiana, from 20 SHIRE. ing in the Grand/Neosho River basin. feet to 35 feet. In conjunction with the State of New Hamp- (2) COST SHARING.—If the Secretary deter- SEC. 432. IBERIA PORT, LOUISIANA. shire, the Secretary shall conduct a study to mines under subsection (a)(2) that Federal ac- The Secretary shall conduct a study to deter- identify and evaluate potential upland disposal tions have been a significant cause of the back- mine the feasibility of carrying out a project for sites for dredged material originating from har- water effects, the Federal share of the costs of navigation, Iberia Port, Louisiana. bor areas located within the State. the feasibility study under paragraph (1) shall SEC. 433. LAKE PONTCHARTRAIN SEAWALL, LOU- SEC. 443. SOUTHWEST VALLEY, ALBUQUERQUE, be 100 percent. ISIANA. NEW MEXICO. SEC. 451. COLUMBIA SLOUGH, OREGON. Not later than 180 days after the date of en- Section 433 of the Water Resources Develop- Not later than 180 days after the date of enactment of this Act, the Secretary shall complete ment Act of 1999 (113 Stat. 327) is amended— actment of this Act, the Secretary shall complete a post-authorization change report on the (1) by inserting ‘‘(a) IN GENERAL.—’’ before under section 1135 of the Water Resources De- project for hurricane-flood protection, Lake ‘‘The’’; and velopment Act of 1986 (33 U.S.C. 2309a) a feasi- Pontchartrain, Louisiana, authorized by section (2) by adding at the end the following: bility study for the ecosystem restoration project 204 of the Flood Control Act of 1965 (79 Stat. ‘‘(b) EVALUATION OF FLOOD DAMAGE REDUC- at Columbia Slough, Oregon. If the Secretary 1077), to include structural modifications to the TION MEASURES.—In conducting the study, the determines that the project is appropriate, the seawall providing protection along the south Secretary shall evaluate flood damage reduction Secretary may carry out the project on an expe- shore of Lake Pontchartrain from the New measures that would otherwise be excluded from dited basis under such section. Basin Canal on the west to the Inner Harbor the feasibility analysis based on policies of the SEC. 452. CLIFF WALK IN NEWPORT, RHODE IS- Navigation Canal on the east. Corps of Engineers concerning the frequency of LAND. SEC. 434. LOWER ATCHAFALAYA BASIN, LOU- flooding, the drainage area, and the amount of The Secretary shall conduct a study to deter- ISIANA. runoff.’’. mine the project deficiencies and identify the As part of the Lower Atchafalaya basin re- SEC. 444. BUFFALO HARBOR, BUFFALO, NEW necessary measures to restore the project for evaluation study, the Secretary shall determine YORK. Cliff Walk in Newport, Rhode Island, to meet its the feasibility of carrying out a project for flood (a) IN GENERAL.—The Secretary shall conduct authorized purpose. damage reduction, Stephensville, Louisiana. a study to determine the advisability and poten- SEC. 453. QUONSET POINT CHANNEL, RHODE IS- SEC. 435. ST. JOHN THE BAPTIST PARISH, LOU- tial impacts of declaring as nonnavigable a por- LAND. ISIANA. tion of the channel at Control Point Draw, Buf- The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- falo Harbor, Buffalo New York. mine the Federal interest in dredging the mine the feasibility of carrying out a project for (b) CONTENTS.—The study conducted under Quonset Point navigation channel in Narragan- flood damage reduction on the east bank of the this section shall include an examination of sett Bay, Rhode Island. Mississippi River in St. John the Baptist Parish, other options to meet intermodal transportation SEC. 454. DREDGED MATERIAL DISPOSAL SITE, Louisiana. needs in the area. RHODE ISLAND. SEC. 436. SOUTH LOUISIANA. SEC. 445. JAMESVILLE RESERVOIR, ONONDAGA In consultation with the Administrator of the The Secretary shall conduct a study to deter- COUNTY, NEW YORK. Environmental Protection Agency, the Secretary mine the feasibility of carrying out projects for The Secretary shall conduct a study to deter- shall conduct a study to determine the feasi- hurricane protection in the coastal area of the mine the feasibility of carrying out a project for bility of designating a permanent site in the State of Louisiana between Morgan City and aquatic ecosystem restoration, flood damage re- State of Rhode Island for the disposal of the Pearl River. duction, and water quality, Jamesville Res- dredged material. ervoir, Onondaga County, New York. SEC. 437. PORTSMOUTH HARBOR AND SEC. 455. REEDY RIVER, GREENVILLE, SOUTH PISCATAQUA RIVER, MAINE AND SEC. 446. BOGUE BANKS, CARTERET COUNTY, CAROLINA. NEW HAMPSHIRE. NORTH CAROLINA. The Secretary shall conduct a study to deter- The Secretary shall conduct a study to deter- The Secretary shall expedite completion of a mine the feasibility of carrying out a project for mine the feasibility of modifying the project for study under section 145 of the Water Resources aquatic ecosystem restoration, flood damage re- navigation, Portsmouth Harbor and Piscataqua Development Act of 1976 (33 U.S.C. 426j) on the duction, and streambank stabilization on the River, Maine and New Hampshire, authorized expedited renourishment, through sharing of the Reedy River, Cleveland Park West, Greenville, by section 101 of the River and Harbor Act of costs of deposition of sand and other material South Carolina. 1962 (76 Stat. 1173) and modified by section used for beach renourishment, of the beaches of SEC. 456. CHICKAMAUGA LOCK AND DAM, TEN- 202(a) of the Water Resources Development Act Bogue Banks in Carteret County, North Caro- NESSEE. of 1986 (100 Stat. 4095), to increase the author- lina, including Atlantic Beach, Pine Knoll (a) IN GENERAL.—The Secretary shall use ized width of turning basins in the Piscataqua Shores Beach, Salter Path Beach, Indian $200,000, from funds transferred from the Ten- River to 1,000 feet. Beach, and Emerald Isle Beach. nessee Valley Authority, to prepare a report of SEC. 438. MERRIMACK RIVER BASIN, MASSACHU- SEC. 447. DUCK CREEK WATERSHED, OHIO. the Chief of Engineers for a replacement lock at SETTS AND NEW HAMPSHIRE. The Secretary shall conduct a study to deter- Chickamauga Lock and Dam, Tennessee. (a) IN GENERAL.—The Secretary shall conduct mine the feasibility of carrying out flood con- (b) FUNDING.—As soon as practicable after the a comprehensive study of the water resources trol, environmental restoration, and aquatic date of enactment of this Act, the Tennessee

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Valley Authority shall transfer to the Secretary there is authorized to be appropriated to carry ‘‘(3) REPORT.—Not later than December 31, the funds necessary to carry out subsection (a). out this subsection $3,000,000. Such sums shall 2003, the Secretary shall transmit to Congress a SEC. 457. GERMANTOWN, TENNESSEE. remain available until expended.’’. report on the Secretary’s activities under this (a) IN GENERAL.—The Secretary shall conduct SEC. 502. RESTORATION PROJECTS. subsection.’’; and a study to determine the feasibility of carrying (a) IN GENERAL.—Section 539 of the Water Re- (2) in subsection (g)— out a project for flood control and related pur- sources Development Act of 1996 (110 Stat. 3776– (A) by striking ‘‘There is authorized’’ and in- poses along Miller Farms Ditch, Howard Road 3777) is amended— serting the following: Drainage, and Wolf River Lateral D, German- (1) in the section heading by striking ‘‘MARY- ‘‘(1) IN GENERAL.—There is authorized’’; town, Tennessee. LAND, PENNSYLVANIA, AND WEST VIR- (B) by adding at the end the following: ‘‘(2) GREAT LAKES TRIBUTARY MODEL.—In ad- (b) JUSTIFICATION ANALYSIS.—The Secretary GINIA’’; shall include environmental and water quality (2) by striking ‘‘and’’ at the end of subsection dition to amounts made available under para- benefits in the justification analysis for the (a)(1)(A); graph (1), there is authorized to be appropriated project. (3) by striking the period at the end of sub- to carry out subsection (e) $5,000,000 for each of (c) CREDIT.—The Secretary— section (a)(1)(B) and inserting a semicolon; and fiscal years 2002 through 2006.’’; and (1) shall credit toward the non-Federal share (4) by adding at the end of subsection (a)(1) (C) by aligning the remainder of the text of of the cost of the feasibility study the value of the following: paragraph (1) (as designated by subparagraph the in-kind services provided by the non-Federal ‘‘(C) the Lackawanna River, Pennsylvania; (A) of this paragraph) with paragraph (2) (as interests relating to the planning, engineering, ‘‘(D) the Soda Butte Creek, Silver Creek, and added by subparagraph (B) of this paragraph). and design of the project, whether carried out Elkhorn Mountain drainages, Montana; SEC. 506. GREAT LAKES FISHERY AND ECO- before, on, or after the date of execution of the ‘‘(E) the Pemigewasset River watershed, New SYSTEM RESTORATION. feasibility study cost-sharing agreement; and Hampshire; (a) FINDINGS.—Congress finds that— (2) shall consider, for the purposes of para- ‘‘(F) the Hocking River, Ohio; and (1) the Great Lakes comprise a nationally and graph (1), the feasibility study to be conducted ‘‘(G) the Clinch River watershed and Powell internationally significant fishery and eco- as part of the Memphis Metro Tennessee and River watershed, Virginia.’’. system; Mississippi study authorized by resolution of the (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- (2) the Great Lakes fishery and ecosystem Committee on Transportation and Infrastruc- tion 539(d) of such Act (110 Stat. 3776–3777) is should be developed and enhanced in a coordi- ture of the House of Representatives, dated amended— nated manner; and March 7, 1996. (1) by striking ‘‘(a)(1)(A) and’’ and inserting (3) the Great Lakes fishery and ecosystem pro- (d) LIMITATION.—The Secretary may not reject ‘‘(a)(1)(A),’’; and vides a diversity of opportunities, experiences, the project under the feasibility study based (2) by inserting ‘‘, $5,000,000 for projects un- and beneficial uses. solely on a minimum amount of stream runoff. dertaken under subsection (a)(1)(C), $5,000,000 (b) DEFINITIONS.—In this section, the fol- for projects undertaken under subsection lowing definitions apply: SEC. 458. MILWAUKEE, WISCONSIN. (a)(1)(D), $1,500,000 for projects undertaken (1) GREAT LAKE.— (a) IN GENERAL.—The Secretary shall evaluate under subsection (a)(1)(E), $2,500,000 for (A) IN GENERAL.—The term ‘‘Great Lake’’ the report for the project for flood damage re- projects undertaken under subsection (a)(1)(F), means Lake Superior, Lake Michigan, Lake duction and environmental restoration, Mil- and $5,000,000 for projects undertaken under Huron (including Lake St. Clair), Lake Erie, waukee, Wisconsin, entitled ‘‘Interim Executive subsection (a)(1)(G)’’ before the period at the and Lake Ontario (including the St. Lawrence Summary: Menominee River Flood Management end. River to the 45th parallel of latitude). Plan’’, dated September 1999, to determine SEC. 503. SUPPORT OF ARMY CIVIL WORKS PRO- (B) INCLUSIONS.—The term ‘‘Great Lake’’ in- whether the plans contained in the report are cludes any connecting channel, historically con- cost-effective, technically sound, environ- GRAM. The requirements of section 2361 of title 10, nected tributary, and basin of a lake specified mentally acceptable, and in the Federal interest. in subparagraph (A). (b) REPORT.—Not later than September 30, United States Code, shall not apply to any contract, cooperative research and development (2) GREAT LAKES COMMISSION.—The term 2001, the Secretary shall transmit to Congress a ‘‘Great Lakes Commission’’ means The Great report on the results of the evaluation. agreement, cooperative agreement, or grant entered into under section 229 of the Water Re- Lakes Commission established by the Great TITLE V—MISCELLANEOUS PROVISIONS sources Development Act of 1996 (33 U.S.C. Lakes Basin Compact (82 Stat. 414). SEC. 501. LAKES PROGRAM. 2313b) between the Secretary and Marshall Uni- (3) GREAT LAKES FISHERY COMMISSION.—The Section 602 of the Water Resources Develop- versity or entered into under section 350 of the term ‘‘Great Lakes Fishery Commission’’ has the ment Act of 1986 (100 Stat. 4148–4149), as amend- Water Resources Development Act of 1999 (113 meaning given the term ‘‘Commission’’ in section ed in section 210(b) of this Act, is further Stat. 310) between the Secretary and Juniata 2 of the Great Lakes Fishery Act of 1956 (16 amended— College, Pennsylvania. U.S.C. 931). (1) in subsection (b) by inserting ‘‘and activ- (4) GREAT LAKES STATE.—The term ‘‘Great SEC. 504. EXPORT OF WATER FROM GREAT LAKES. ity’’ after ‘‘project’’; Lakes State’’ means each of the States of Illi- (a) ADDITIONAL FINDING.—Section 1109(b) of (2) in subsection (c) by inserting ‘‘and activi- nois, Indiana, Michigan, Minnesota, Ohio, the Water Resources Development Act of 1986 ties under subsection (f)’’ before the comma; and Pennsylvania, New York, and Wisconsin. (42 U.S.C. 1962d–20(b)) is amended— (3) by adding at the end the following: (c) GREAT LAKES FISHERY AND ECOSYSTEM (1) by redesignating paragraphs (2) and (3) as ‘‘(f) CENTER FOR LAKE EDUCATION AND RE- RESTORATION.— paragraphs (3) and (4); and SEARCH, OTSEGO LAKE, NEW YORK.— (1) SUPPORT PLAN.— ‘‘(1) IN GENERAL.—The Secretary shall con- (2) by inserting after paragraph (1) the fol- (A) IN GENERAL.—Not later than 1 year after struct an environmental education and research lowing: the date of enactment of this Act, the Secretary facility at Otsego Lake, New York. The purpose ‘‘(2) to encourage the Great Lakes States, in shall develop a plan for activities of the Corps of the Center shall be to— consultation with the Provinces of Ontario and of Engineers that support the management of ‘‘(A) conduct nationwide research on the im- Quebec, to develop and implement a mechanism Great Lakes fisheries. pacts of water quality and water quantity on that provides a common conservation standard (B) USE OF EXISTING DOCUMENTS.—To the lake hydrology and the hydrologic cycle; embodying the principles of water conservation maximum extent practicable, the plan shall ‘‘(B) develop technologies and strategies for and resource improvement for making decisions make use of and incorporate documents that re- monitoring and improving water quality in the concerning the withdrawal and use of water late to the Great Lakes and are in existence on Nation’s lakes; and from the Great Lakes Basin;’’. the date of enactment of this Act, such as ‘‘(C) provide public education regarding the (b) APPROVAL OF GOVERNORS FOR EXPORT OF lakewide management plans and remedial action biological, economic, recreational, and aesthetic WATER.—Section 1109(d) of the Water Resources plans. value of the Nation’s lakes. Development Act of 1986 (42 U.S.C. 1962d–20(d)) (C) COOPERATION.—The Secretary shall de- ‘‘(2) USE OF RESEARCH.—The results of re- is amended by— velop the plan in cooperation with— search and education activities carried out at (1) inserting ‘‘or exported’’ after ‘‘diverted’’; (i) the signatories to the Joint Strategic Plan the Center shall be applied to the program and for Management of the Great Lakes Fisheries; under subsection (a) and to other Federal pro- (2) inserting ‘‘or export’’ after ‘‘diversion’’. and grams, projects, and activities that are intended (c) SENSE OF CONGRESS.—It is the sense of (ii) other affected interests. to improve or otherwise affect lakes. Congress that the Secretary of State should (2) PROJECTS.—The Secretary shall plan, de- ‘‘(3) BIOLOGICAL MONITORING STATION.—A work with the Canadian Government to encour- sign, and construct projects to support the res- central function of the Center shall be to re- age and support the Provinces in the develop- toration of the fishery, ecosystem, and beneficial search, develop, test, and evaluate biological ment and implementation of a mechanism and uses of the Great Lakes. monitoring technologies and techniques for po- standard concerning the withdrawal and use of (3) EVALUATION PROGRAM.— tential use at lakes listed in subsection (a) and water from the Great Lakes Basin consistent (A) IN GENERAL.—The Secretary shall develop throughout the Nation. with those mechanisms and standards developed a program to evaluate the success of the projects ‘‘(4) CREDIT.—The non-Federal sponsor shall by the Great Lakes States. carried out under paragraph (2) in meeting fish- receive credit for lands, easements, rights-of- SEC. 505. GREAT LAKES TRIBUTARY MODEL. ery and ecosystem restoration goals. way, and relocations toward its share of project Section 516 of the Water Resources Develop- (B) STUDIES.—Evaluations under subpara- costs. ment Act of 1996 (33 U.S.C. 2326b) is amended— graph (A) shall be conducted in consultation ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In (1) by adding at the end of subsection (e) the with the Great Lakes Fishery Commission and addition to sums authorized by subsection (d), following: appropriate Federal, State, and local agencies.

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(d) COOPERATIVE AGREEMENTS.—In carrying (A) IN GENERAL.—Not later than 1 year after (i) provide all land, easements, rights-of-way, out this section, the Secretary may enter into a the date of enactment of this Act, the Secretary dredged material disposal areas, and reloca- cooperative agreement with the Great Lakes shall develop and make available for public re- tions; Commission or any other agency established to view and comment— (ii) pay all operation, maintenance, replace- facilitate active State participation in manage- (i) criteria for identifying and prioritizing crit- ment, repair, and rehabilitation costs; and ment of the Great Lakes. ical problems and needs; and (iii) hold the United States harmless from all (e) RELATIONSHIP TO OTHER GREAT LAKES AC- (ii) a framework for development of watershed claims arising from the construction, operation, TIVITIES.—No activity under this section shall or regional restoration plans. and maintenance of the project. affect the date of completion of any other activ- (B) USE OF RESOURCES.—In developing the cri- (D) CREDIT.—The Secretary shall credit the ity relating to the Great Lakes that is author- teria and framework, the Secretary shall make non-Federal interest for the value of the land, ized under other law. full use of all available Federal, State, tribal, re- easements, rights-of-way, dredged material dis- (f) COST SHARING.— gional, and local resources. posal areas, and relocations provided under sub- (1) DEVELOPMENT OF PLAN.—The Federal (5) REPORT.—Not later than October 1, 2002, paragraph (C). share of the cost of development of the plan the Secretary shall transmit to Congress a report (f) AUTHORIZATION OF APPROPRIATIONS.— (1) ASSESSMENT AND RESTORATION PLANS.— under subsection (c)(1) shall be 65 percent. on the assessment. There is authorized to be appropriated to carry (2) PROJECT PLANNING, DESIGN, CONSTRUCTION, (c) RESTORATION PLANS.— out subsections (b) and (c) $4,000,000 for each of AND EVALUATION.—The Federal share of the cost (1) IN GENERAL.—After the report is trans- fiscal years 2001 through 2005. of planning, design, construction, and evalua- mitted under subsection (b)(5), the Secretary, in (2) CRITICAL RESTORATION PROJECTS.—There is tion of a project under paragraph (2) or (3) of coordination with appropriate Federal, State, authorized to be appropriated to carry out sub- subsection (c) shall be 65 percent. tribal, regional, and local agencies, shall— section (d) $55,000,000. (3) NON-FEDERAL SHARE.— (A) develop a comprehensive plan for restor- SEC. 508. VISITORS CENTERS. (A) CREDIT FOR LAND, EASEMENTS, AND ing, preserving, and protecting the water re- (a) JOHN PAUL HAMMERSCHMIDT VISITORS RIGHTS-OF-WAY.—The Secretary shall credit the sources and ecosystem in each watershed and CENTER, ARKANSAS.—Section 103(e) of the Water non-Federal interest for the value of any land, region in New England; and Resources Development Act of 1992 (106 Stat. easement, right-of-way, dredged material dis- (B) transmit the plan to Congress. 4813) is amended by striking ‘‘Arkansas River, posal area, or relocation provided for carrying (2) CONTENTS.—Each restoration plan shall Arkansas.’’ and inserting ‘‘Fort Smith, Arkan- include— out a project under subsection (c)(2). sas, on land provided by the city of Fort (B) FORM.—The non-Federal interest may (A) a feasibility report; and Smith.’’. provide up to 50 percent of the non-Federal (B) a programmatic environmental impact (b) LOWER MISSISSIPPI RIVER MUSEUM AND share required under paragraphs (1) and (2) in statement covering the proposed Federal action. RIVERFRONT INTERPRETIVE SITE, MISSISSIPPI.— the form of services, materials, supplies, or other (d) CRITICAL RESTORATION PROJECTS.— Section 103(c)(2) of the Water Resources Devel- in-kind contributions. (1) IN GENERAL.—After the restoration plans opment Act of 1992 (106 Stat. 4811) is amended in (4) OPERATION AND MAINTENANCE.—The oper- are transmitted under subsection (c)(1)(B), the the first sentence by striking ‘‘in the vicinity of ation, maintenance, repair, rehabilitation, and Secretary, in coordination with appropriate the Mississippi River Bridge in Vicksburg, Mis- replacement of projects carried out under this Federal, State, tribal, regional, and local agen- sissippi.’’ and inserting ‘‘between the Mis- section shall be a non-Federal responsibility. cies, shall identify critical restoration projects sissippi River Bridge and the waterfront in (5) NON-FEDERAL INTERESTS.—Notwith- that will produce independent, immediate, and downtown Vicksburg, Mississippi.’’. standing section 221 of the Flood Control Act of substantial restoration, preservation, and pro- SEC. 509. CALFED BAY-DELTA PROGRAM ASSIST- 1970 (42 U.S.C. 1962d–5b), for any project carried tection benefits. ANCE, CALIFORNIA. out under this section, a non-Federal interest (2) AGREEMENTS.—The Secretary may carry (a) IN GENERAL.—The Secretary— may include a private interest and a nonprofit out a critical restoration project after entering (1) may participate with the appropriate Fed- entity. into an agreement with an appropriate non- eral and State agencies in the planning and (g) AUTHORIZATION OF APPROPRIATIONS.— Federal interest in accordance with section 221 management activities associated with the (1) DEVELOPMENT OF PLAN.—There is author- of the Flood Control Act of 1970 (42 U.S.C. CALFED Bay-Delta Program referred to in the ized to be appropriated for development of the 1962d–5b) and this section. California Bay-Delta Environmental Enhance- plan under subsection (c)(1) $300,000. (3) PROJECT JUSTIFICATION.—Notwithstanding ment and Water Security Act (division E of Pub- (2) OTHER ACTIVITIES.—There is authorized to section 209 of the Flood Control Act of 1970 (42 lic Law 104–208; 110 Stat. 3009–748); and be appropriated to carry out paragraphs (2) and U.S.C. 1962–2) or any other provision of law, in (2) shall integrate, to the maximum extent (3) of subsection (c) $100,000,000. carrying out a project under this subsection, the practicable and in accordance with applicable SEC. 507. NEW ENGLAND WATER RESOURCES Secretary may determine that the project— law, the activities of the Corps of Engineers in AND ECOSYSTEM RESTORATION. (A) is justified by the environmental benefits the San Joaquin and Sacramento River basins (a) DEFINITIONS.—In this section, the fol- derived from the ecosystem; and with the long-term goals of the CALFED Bay- lowing definitions apply: (B) shall not need further economic justifica- Delta Program. (1) CRITICAL RESTORATION PROJECT.—The term tion if the Secretary determines that the project (b) COOPERATIVE ACTIVITIES.—In partici- ‘‘critical restoration project’’ means a project is cost effective. pating in the CALFED Bay-Delta Program that will produce, consistent with Federal pro- (4) TIME LIMITATION.—No critical restoration under subsection (a), the Secretary may— grams, projects, and activities, immediate and project may be initiated under this subsection (1) accept and expend funds from other Fed- substantial ecosystem restoration, preservation, after September 30, 2005. eral agencies and from non-Federal public, pri- and protection benefits. (5) COST LIMITATION.—Not more than vate, and nonprofit entities to carry out eco- (2) NEW ENGLAND.—The term ‘‘New England’’ $5,000,000 in Federal funds may be used to carry system restoration projects and activities associ- means all watersheds, estuaries, and related out a project under this subsection. ated with the CALFED Bay-Delta Program; and coastal areas in the States of Connecticut, (e) COST SHARING.— (2) in carrying out the projects and activities, Maine, Massachusetts, New Hampshire, Rhode (1) ASSESSMENT.— enter into contracts, cooperative research and Island, and Vermont. (A) IN GENERAL.—The non-Federal share of development agreements, and cooperative agree- (b) ASSESSMENT.— the cost of the assessment under subsection (b) ments with Federal and non-Federal private, (1) IN GENERAL.—The Secretary, in coordina- shall be 25 percent. public, and nonprofit entities. tion with appropriate Federal, State, tribal, re- (B) IN-KIND CONTRIBUTIONS.—The non-Fed- (c) AREA COVERED BY PROGRAM.—For the gional, and local agencies, shall perform an as- eral share may be provided in the form of serv- purposes of this section, the area covered by the sessment of the condition of water resources and ices, materials, or other in-kind contributions. CALFED Bay-Delta Program shall be the San related ecosystems in New England to identify (2) RESTORATION PLANS.— Francisco Bay/Sacramento-San Joaquin Delta problems and needs for restoring, preserving, (A) IN GENERAL.—The non-Federal share of Estuary and its watershed (known as the ‘‘Bay- and protecting water resources, ecosystems, the cost of developing the restoration plans Delta Estuary’’), as identified in the Framework wildlife, and fisheries. under subsection (c) shall be 35 percent. Agreement Between the Governor’s Water Policy (2) MATTERS TO BE ADDRESSED.—The assess- (B) IN-KIND CONTRIBUTIONS.—Up to 50 percent Council of the State of California and the Fed- ment shall include— of the non-Federal share may be provided in the eral Ecosystem Directorate. (A) development of criteria for identifying and form of services, materials, or other in-kind con- (d) AUTHORIZATION OF APPROPRIATIONS.— prioritizing the most critical problems and tributions. There is authorized to be appropriated to carry needs; and (3) CRITICAL RESTORATION PROJECTS.— out this section $5,000,000 for fiscal years 2002 (B) a framework for development of watershed (A) IN GENERAL.—The non-Federal share of through 2005. or regional restoration plans. the cost of carrying out a project under sub- SEC. 510. SEWARD, ALASKA. (3) USE OF EXISTING INFORMATION.—In per- section (d) shall be 35 percent. The Secretary shall carry out, on an emer- forming the assessment, the Secretary shall, to (B) IN-KIND CONTRIBUTIONS.—Up to 50 percent gency one-time basis, necessary repairs of the the maximum extent practicable, use— of the non-Federal share may be provided in the Lowell Creek Tunnel in Seward, Alaska, at Fed- (A) information that is available on the date form of services, materials, or other in-kind con- eral expense and a total cost of $3,000,000. of enactment of this Act; and tributions. SEC. 511. CLEAR LAKE BASIN, CALIFORNIA. (B) ongoing efforts of all participating agen- (C) REQUIRED NON-FEDERAL CONTRIBUTION.— Amounts made available to the Secretary by cies. For any critical restoration project, the non- the Energy and Water Development Appropria- (4) CRITERIA; FRAMEWORK.— Federal interest shall— tions Act, 2000 (113 Stat. 483 et seq.) for the

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.051 pfrm02 PsN: H31PT1 H11646 CONGRESSIONAL RECORD — HOUSE October 31, 2000 project for aquatic ecosystem restoration, Clear to remove structures for human habitation that ments that are constructed or placed on United Lake basin, California, to be carried out under encroach on fee land or flowage easements; States real property or flowage easements at the section 206 of the Water Resources Development (2) provide that a person that owns a struc- Lake after December 31, 1999. Act of 1996 (33 U.S.C. 2330), may be used only ture for human habitation on land adjacent to SEC. 517. BALLARD’S ISLAND, LASALLE COUNTY, for the wetlands restoration and creation ele- the Lake shall have a period of 1 year after the ILLINOIS. ments of the project. date of enactment of this Act— The Secretary may provide the non-Federal SEC. 512. CONTRA COSTA CANAL, OAKLEY AND (A) to request that the Corps of Engineers re- interest for the project for the improvement of KNIGHTSEN, CALIFORNIA. survey the property of the person to determine if the quality of the environment, Ballard’s Is- The Secretary shall carry out a project for the person is an eligible property owner under land, LaSalle County, Illinois, carried out flood damage reduction under section 205 of the this section; and under section 1135 of the Water Resources De- Flood Control Act of 1948 (33 U.S.C. 701s) at the (B) to pay the costs of the resurvey to the Sec- velopment Act of 1986 (33 U.S.C. 2309a), credit Contra Costa Canal, Oakley and Knightsen, retary for deposit in the Corps of Engineers ac- toward the non-Federal share of the cost of the California, if the Secretary determines that the count in accordance with section 2695 of title 10, project for work performed by the non-Federal project is technically sound, environmentally United States Code; interest after July 1, 1999, if the Secretary deter- acceptable, and economically justified. (3) provide that when a determination is mines that the work is integral to the project. made, through a private survey or through a SEC. 513. HUNTINGTON BEACH, CALIFORNIA. SEC. 518. LAKE MICHIGAN DIVERSION, ILLINOIS. The Secretary shall carry out under section boundary line maintenance survey conducted by Section 1142(b) of the Water Resources Devel- 205 of the Flood Control Act of 1948 (33 U.S.C. the Federal Government, that a structure for opment Act of 1986 (42 U.S.C. 1962d–20 note; 100 701s) a project for flood damage reduction in human habitation is located on the fee land or Stat. 4253; 113 Stat. 339) is amended by inserting Huntington Beach, California, if the Secretary a flowage easement— after ‘‘2003’’ the following: ‘‘and $800,000 for (A) the Corps of Engineers shall immediately determines that the project is technically sound, each fiscal year beginning after September 30, environmentally acceptable, and economically notify the property owner by certified mail; and (B) the property owner shall have a period of 2003,’’. justified. 90 days from receipt of the notice in which to es- SEC. 519. ILLINOIS RIVER BASIN RESTORATION. SEC. 514. MALLARD SLOUGH, PITTSBURG, CALI- tablish that the structure was constructed before (a) ILLINOIS RIVER BASIN DEFINED.—In this FORNIA. January 1, 2000, and that the property owner is section, the term ‘‘Illinois River basin’’ means The Secretary shall carry out under section the Illinois River, Illinois, its backwaters, its 205 of the Flood Control Act of 1948 (33 U.S.C. an eligible property owner under this section; (4) provide that any private survey shall be side channels, and all tributaries, including 701s) a project for flood damage reduction in subject to review and approval by the Corps of their watersheds, draining into the Illinois Mallard Slough, Pittsburg, California, if the Engineers to ensure that the private survey con- River. Secretary determines that the project is tech- forms to the boundary line established by the (b) COMPREHENSIVE PLAN.— nically sound, environmentally acceptable, and Federal Government; (1) DEVELOPMENT.—The Secretary shall de- economically justified. (5) require the Corps of Engineers to offer to velop, as expeditiously as practicable, a pro- SEC. 515. PORT EVERGLADES, FLORIDA. an eligible property owner a conveyance or re- posed comprehensive plan for the purpose of re- Notwithstanding the absence of a project co- lease that— storing, preserving, and protecting the Illinois operation agreement, the Secretary shall reim- (A) on fee land, conveys by quitclaim deed the River basin. burse the non-Federal interest for the project for minimum land required to maintain the human (2) TECHNOLOGIES AND INNOVATIVE AP- navigation, Port Everglades Harbor, Florida, habitation structure, reserving the right to flood PROACHES.—The comprehensive plan shall pro- $15,003,000 for the Federal share of costs in- to the elevation of 1,085 feet above mean sea vide for the development of new technologies curred by the non-Federal interest in carrying level, if applicable; and innovative approaches— out the project and determined by the Secretary (B) in a flowage easement, releases by quit- (A) to enhance the Illinois River as a vital to be eligible for reimbursement under the lim- claim deed the easement prohibition; transportation corridor; ited reevaluation report of the Corps of Engi- (C) provides that— (B) to improve water quality within the entire neers, dated April 1998. (i) the existing structure shall not be extended Illinois River basin; SEC. 516. LAKE SIDNEY LANIER, GEORGIA, HOME further onto fee land or into the flowage ease- (C) to restore, enhance, and preserve habitat PRESERVATION. ment; and for plants and wildlife; and (a) DEFINITIONS.—In this section, the fol- (ii) additional structures for human habi- (D) to increase economic opportunity for agri- lowing definitions apply: tation shall not be placed on fee land or in a culture and business communities. (1) EASEMENT PROHIBITION.—The term ‘‘ease- flowage easement; and (3) SPECIFIC COMPONENTS.—The comprehen- ment prohibition’’ means the rights acquired by (D) provides that— sive plan shall include such features as are nec- the United States in the flowage easements to (i)(I) the United States shall not be liable or essary to provide for— prohibit structures for human habitation. responsible for damage to property or injury to (A) the development and implementation of a (2) ELIGIBLE PROPERTY OWNER.—The term ‘‘el- persons caused by operation of the Lake; and program for sediment removal technology, sedi- igible property owner’’ means a person that (II) no claim to compensation shall accrue ment characterization, sediment transport, and owns a structure for human habitation that was from the exercise of the flowage easement rights; beneficial uses of sediment; constructed before January 1, 2000, and is lo- and (B) the development and implementation of a cated on fee land or in violation of the flowage (ii) the waiver described in clause (i) of any program for the planning, conservation, evalua- easement. and all claims against the United States shall be tion, and construction of measures for fish and (3) FEE LAND.—The term ‘‘fee land’’ means the a covenant running with the land and shall be wildlife habitat conservation and rehabilitation, land acquired in fee title by the United States binding on heirs, successors, assigns, and pur- and stabilization and enhancement of land and for the Lake. chasers of the property subject to the waiver; water resources in the basin; (4) FLOWAGE EASEMENT.—The term ‘‘flowage and (C) the development and implementation of a easement’’ means an interest in land that the (6) provide that the eligible property owner long-term resource monitoring program; and United States acquired that provides the right to shall— (D) the development and implementation of a flood, to the elevation of 1,085 feet above mean (A) agree to an offer under paragraph (5) not computerized inventory and analysis system. sea level (among other rights), land surrounding later than 90 days after the offer is made by the (4) CONSULTATION.—The comprehensive plan the Lake. Corps of Engineers; or shall be developed by the Secretary in consulta- (5) LAKE.—The term ‘‘Lake’’ means the Lake (B) comply with the real property rights of the tion with appropriate Federal agencies, the Sidney Lanier, Georgia, project of the Corps of United States and remove the structure for State of Illinois, and the Illinois River Coordi- Engineers authorized by the first section of the human habitation and any other unauthorized nating Council. Rivers and Harbors Act of July 24, 1946 (60 Stat. real or personal property. (5) REPORT TO CONGRESS.—Not later than 2 635). (d) OPTION TO PURCHASE INSURANCE.—Noth- years after the date of enactment of this Act, (b) ESTABLISHMENT OF PROGRAM.—Not later ing in this section precludes a property owner the Secretary shall transmit to Congress a report than 120 days after the date of enactment of this from purchasing flood insurance to which the containing the comprehensive plan. Act, the Secretary shall establish, and provide property owner may be eligible. (6) ADDITIONAL STUDIES AND ANALYSES.—After public notice of, a program— (e) PRIOR ENCROACHMENT RESOLUTIONS.— transmission of a report under paragraph (5), (1) to convey to eligible property owners the Nothing in this section affects any resolution, the Secretary shall continue to conduct such right to maintain existing structures for human before the date of enactment of this Act, of an studies and analyses related to the comprehen- habitation on fee land; or encroachment at the Lake, whether the resolu- sive plan as are necessary, consistent with this (2) to release eligible property owners from the tion was effected through sale, exchange, vol- subsection. easement prohibition as it applies to existing untary removal, or alteration or removal (c) CRITICAL RESTORATION PROJECTS.— structures for human habitation on the flowage through litigation. (1) IN GENERAL.—If the Secretary, in coopera- easements (if the floor elevation of the human (f) PRIOR REAL PROPERTY RIGHTS.—Nothing tion with appropriate Federal agencies and the habitation area is above the elevation of 1,085 in this section— State of Illinois, determines that a restoration feet above mean sea level). (1) takes away, diminishes, or eliminates any project for the Illinois River basin will produce (c) REGULATIONS.—To carry out subsection other real property rights acquired by the independent, immediate, and substantial res- (b), the Secretary shall issue regulations that— United States at the Lake; or toration, preservation, and protection benefits, (1) require the Corps of Engineers to suspend (2) affects the ability of the United States to the Secretary shall proceed expeditiously with any activities to require eligible property owners require the removal of any and all encroach- the implementation of the project.

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.053 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11647

(2) AUTHORIZATION OF APPROPRIATIONS.— shall include all State funds expended on pro- (c) INTERIM ACTIONS.— There is authorized to be appropriated to carry grams and projects that accomplish the goals of (1) IN GENERAL.—If the Secretary determines out projects under this subsection $100,000,000 this section, as determined by the Secretary. The that a dam referred to in subsection (a) presents for fiscal years 2001 through 2004. programs and projects may include the Illinois an imminent and substantial risk to public safe- (3) FEDERAL SHARE.—The Federal share of the River Conservation Reserve Program, the Illi- ty, the Secretary may carry out measures to pre- cost of carrying out any project under this sub- nois Conservation 2000 Program, the Open vent or mitigate against that risk. section shall not exceed $5,000,000. Lands Trust Fund, and other appropriate pro- (2) FEDERAL SHARE.—The Federal share of the (d) GENERAL PROVISIONS.— grams carried out in the Illinois River basin. cost of assistance provided under this subsection (1) WATER QUALITY.—In carrying out projects (4) CREDIT.— shall be 65 percent. ALUE OF LANDS and activities under this section, the Secretary (A) V .—If the Secretary deter- (d) COORDINATION.—In carrying out this sec- shall take into account the protection of water mines that lands or interests in land acquired by tion, the Secretary shall coordinate with the ap- quality by considering applicable State water a non-Federal interest, regardless of the date of propriate State dam safety officials and the Di- quality standards. acquisition, are integral to a project or activity rector of the Federal Emergency Management (2) PUBLIC PARTICIPATION.—In developing the carried out under this section, the Secretary Agency. may credit the value of the lands or interests in comprehensive plan under subsection (b) and (e) AUTHORIZATION OF APPROPRIATIONS.— carrying out projects under subsection (c), the land toward the non-Federal share of the cost of There is authorized to be appropriated to carry Secretary shall implement procedures to facili- the project or activity. Such value shall be de- out this section $7,000,000. tate public participation, including providing termined by the Secretary. advance notice of meetings, providing adequate (B) WORK.—If the Secretary determines that SEC. 525. BRUCE F. VENTO UNIT OF THE BOUND- any work completed by a non-Federal interest, ARY WATERS CANOE AREA WILDER- opportunity for public input and comment, NESS, MINNESOTA. maintaining appropriate records, and making a regardless of the date of completion, is integral (a) DESIGNATION.—The portion of the Bound- record of the proceedings of meetings available to a project or activity carried out under this ary Waters Canoe Area Wilderness, Minnesota, for public inspection. section, the Secretary may credit the value of that is situated north and east of the Gunflint (e) COORDINATION.—The Secretary shall inte- the work toward the non-Federal share of the Corridor and bounded by the United States bor- grate and coordinate projects and activities car- cost of the project or activity. Such value shall der with Canada to the north shall be known ried out under this section with ongoing Federal be determined by the Secretary. and designated as the ‘‘Bruce F. Vento Unit of and State programs, projects, and activities, in- SEC. 520. KOONTZ LAKE, INDIANA. the Boundary Waters Canoe Area Wilderness’’. cluding the following: The Secretary shall provide the non-Federal (1) Upper Mississippi River System-Environ- interest for the project for aquatic ecosystem res- (b) LEGAL REFERENCE.—Any reference in a mental Management Program authorized under toration, Koontz Lake, Indiana, carried out law, map, regulation, document, paper, or other section 1103 of the Water Resources Develop- under section 206 of the Water Resources Devel- record of the United States to the area referred ment Act of 1986 (33 U.S.C. 652). opment Act of 1996 (33 U.S.C. 2330), credit to- to in subsection (a) shall be deemed to be a ref- (2) Upper Mississippi River Illinois Waterway ward the non-Federal share of the cost of the erence to the ‘‘Bruce F. Vento Unit of the System Study. project for the value of work performed by the Boundary Waters Canoe Area Wilderness’’. (3) Kankakee River Basin General Investiga- non-Federal interest before the date of execution SEC. 526. DULUTH, MINNESOTA, ALTERNATIVE tion. of the project cooperation agreement if the Sec- TECHNOLOGY PROJECT. (4) Peoria Riverfront Development General In- retary determines that the work is integral to (a) PROJECT AUTHORIZATION.—Section 541(a) vestigation. the project. of the Water Resources Development Act of 1996 (5) Illinois River Ecosystem Restoration Gen- SEC. 521. WEST VIEW SHORES, CECIL COUNTY, (110 Stat. 3777) is amended— eral Investigation. MARYLAND. (1) by striking ‘‘implement’’ and inserting (6) Conservation Reserve Program (and other Not later than 1 year after the date of enact- ‘‘conduct full scale demonstrations of’’; and farm programs of the Department of Agri- ment of this Act, the Secretary shall carry out (2) by inserting before the period the fol- culture). an investigation of the contamination of the lowing: ‘‘, including technologies evaluated for (7) Conservation Reserve Enhancement Pro- well system in West View Shores, Cecil County, the New York/New Jersey Harbor under section gram (State) and Conservation 2000 Ecosystem Maryland. If the Secretary determines that a 405 of the Water Resources Development Act of Program of the Illinois Department of Natural disposal site for a Federal navigation project 1992 (33 U.S.C. 2239 note; 106 Stat. 4863)’’. Resources. has contributed to the contamination of the well (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- (8) Conservation 2000 Conservation Practices system, the Secretary may provide alternative tion 541(b) of such Act is amended by striking Program and the Livestock Management Facili- water supplies, including replacement of wells. ‘‘$1,000,000’’ and inserting ‘‘$3,000,000’’. ties Act administered by the Illinois Department SEC. 522. MUDDY RIVER, BROOKLINE AND BOS- SEC. 527. MINNEAPOLIS, MINNESOTA. of Agriculture. TON, MASSACHUSETTS. (a) IN GENERAL.—The Secretary, in coopera- (9) National Buffer Initiative of the Natural The Secretary shall carry out the project for tion with the State of Minnesota, shall design Resources Conservation Service. flood damage reduction and environmental res- and construct the project for environmental res- (10) Nonpoint source grant program adminis- toration, Muddy River, Brookline and Boston, toration and recreation, Minneapolis, Min- tered by the Illinois Environmental Protection Massachusetts, substantially in accordance with nesota, substantially in accordance with the Agency. the plans, and subject to the conditions, de- plans described in the report entitled ‘‘Feasi- (f) JUSTIFICATION.— scribed in the draft evaluation report of the New bility Study for Mississippi Whitewater Park, (1) IN GENERAL.—Notwithstanding section 209 England District Engineer entitled ‘‘Phase I Minneapolis, Minnesota’’, prepared for the of the Flood Control Act of 1970 (42 U.S.C. 1962– Muddy River Master Plan’’, dated June 2000. 2) or any other provision of law, in carrying out State of Minnesota Department of Natural Re- SEC. 523. SOO LOCKS, SAULT STE. MARIE, MICHI- sources, dated June 30, 1999. activities to restore, preserve, and protect the Il- GAN. linois River basin under this section, the Sec- The Secretary may not require a cargo vessel (b) COST SHARING.— retary may determine that the activities— equipped with bow thrusters and friction winch- (1) IN GENERAL.—The non-Federal share of (A) are justified by the environmental benefits es that is transiting the Soo Locks in Sault Ste. the cost of the project shall be 35 percent. derived by the Illinois River basin; and Marie, Michigan, to provide more than 2 crew (2) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.— (B) shall not need further economic justifica- members to serve as line handlers on the pier of The non-Federal interest shall provide all lands, tion if the Secretary determines that the activi- a lock, except in adverse weather conditions or easements, rights-of-way, relocations, and ties are cost-effective. if there is a mechanical failure on the vessel. dredged material disposal areas necessary for construction of the project and shall receive (2) APPLICABILITY.—Paragraph (1) shall not SEC. 524. MINNESOTA DAM SAFETY. credit for the cost of providing such lands, ease- apply to any separable element intended to (a) INVENTORY AND ASSESSMENT OF OTHER ments, rights-of-way, relocations, and dredged produce benefits that are predominantly unre- DAMS.— lated to the restoration, preservation, and pro- (1) INVENTORY.—The Secretary shall establish material disposal areas toward the non-Federal tection of the Illinois River basin. an inventory of dams constructed in the State of share of the cost of the project. (g) COST SHARING.— Minnesota by and using funds made available (3) OPERATION, MAINTENANCE, REPAIR, REHA- (1) IN GENERAL.—The non-Federal share of through the Works Progress Administration, the BILITATION, AND REPLACEMENT.—The operation, the cost of projects and activities carried out Works Projects Administration, and the Civilian maintenance, repair, rehabilitation, and re- under this section shall be 35 percent. Conservation Corps. placement of the project shall be a non-Federal (2) OPERATION, MAINTENANCE, REHABILITA- (2) ASSESSMENT OF REHABILITATION NEEDS.— responsibility. TION, AND REPLACEMENT.—The operation, main- In establishing the inventory required under (4) CREDIT FOR NON-FEDERAL WORK.—The tenance, rehabilitation, and replacement of paragraph (1), the Secretary shall assess the non-Federal interest shall receive credit toward projects carried out under this section shall be a condition of the dams on the inventory and the the non-Federal share of the cost of the project non-Federal responsibility. need for rehabilitation or modification of the for work performed by the non-Federal interest (3) IN-KIND SERVICES.—The Secretary may dams. before the date of execution of the project co- credit the value of in-kind services provided by (b) REPORT TO CONGRESS.—Not later than 2 operation agreement if the Secretary determines the non-Federal interest for a project or activity years after the date of enactment of this Act, that the work is integral to the project. carried out under this section toward not more the Secretary shall transmit to Congress a report (c) AUTHORIZATION OF APPROPRIATIONS.— than 80 percent of the non-Federal share of the containing the inventory and assessment re- There is authorized to be appropriated cost of the project or activity. In-kind services quired by this section. $10,000,000 to carry out this section.

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.055 pfrm02 PsN: H31PT1 H11648 CONGRESSIONAL RECORD — HOUSE October 31, 2000 SEC. 528. COASTAL MISSISSIPPI WETLANDS RES- SEC. 530. URBANIZED PEAK FLOOD MANAGE- ments in mitigating damages resulting from a TORATION PROJECTS. MENT RESEARCH, NEW JERSEY. major disaster, the Secretary shall carry out (a) IN GENERAL.—In order to further the pur- (a) IN GENERAL.—The Secretary shall develop flood damage reduction projects by protecting, poses of section 204 of the Water Resources De- and implement a research program to evaluate clearing, and restoring channel dimensions (in- velopment Act of 1992 (33 U.S.C. 2326) and sec- opportunities to manage peak flood flows in ur- cluding removing accumulated snags and other tion 206 of the Water Resources Development banized watersheds located in the State of New debris)— Act of 1996 (33 U.S.C. 2330), the Secretary shall Jersey. (1) in eastern North Carolina, in— participate in restoration projects for critical (b) SCOPE OF RESEARCH.—The research pro- (A) New River and tributaries; coastal wetlands and coastal barrier islands in gram authorized by subsection (a) shall be ac- (B) White Oak River and tributaries; the State of Mississippi that will produce, con- complished through the New York District of the (C) Neuse River and tributaries; and sistent with existing Federal programs, projects, Corps of Engineers. The research shall include (D) Pamlico River and tributaries; and and activities, immediate and substantial res- the following: (2) in Ohio, in— toration, preservation, and ecosystem protection (1) Identification of key factors in the devel- (A) Symmes Creek; benefits, including the beneficial use of dredged opment of an urbanized watershed that affect (B) Duck Creek; and material if such use is a cost-effective means of peak flows in the watershed and downstream. (C) Brush Creek. disposal of such material. (2) Development of peak flow management (b) COST SHARE.—The non-Federal interest for (b) PROJECT SELECTION.—The Secretary, in co- models for 4 to 6 watersheds in urbanized areas a project under this section shall— ordination with other Federal, tribal, State, and with widely differing geology, shapes, and soil (1) pay 35 percent of the cost of the project; local agencies, may identify and implement types that can be used to determine optimal flow and projects described in subsection (a) after enter- reduction factors for individual watersheds. (2) provide any lands, easements, rights-of- ing into an agreement with an appropriate non- (c) REPORT TO CONGRESS.—The Secretary way, relocations, and material disposal areas Federal interest in accordance with this section. shall evaluate policy changes in the planning necessary for implementation of the project. (c) COST SHARING.—Before implementing any process for flood damage reduction projects (c) CONDITIONS.—The Secretary may not reject project under this section, the Secretary shall based on the results of the research under this a project based solely on a minimum amount of enter into a binding agreement with the non- section and transmit to Congress a report on stream runoff. Federal interests. The agreement shall provide such results not later than 3 years after the date (d) MAJOR DISASTER DEFINED.—In this sec- that the non-Federal responsibility for the of enactment of this Act. tion, the term ‘‘major disaster’’ means a major project shall be as follows: (d) AUTHORIZATION OF APPROPRIATIONS.— disaster declared under title IV of the Robert T. (1) To acquire any lands, easements, rights-of- There is authorized to be appropriated to carry Stafford Disaster Relief and Emergency Assist- way, relocations, and dredged material disposal out this section $3,000,000. ance Act (42 U.S.C. 5170 et seq.) before the date areas necessary for implementation of the SEC. 531. NEPPERHAN RIVER, YONKERS, NEW of enactment of this Act. project. YORK. (e) AUTHORIZATION OF APPROPRIATIONS.— (2) To hold and save harmless the United The Secretary shall provide technical assist- There is authorized to be appropriated to carry States free from claims or damages due to imple- ance to the city of Yonkers, New York, in sup- out this section $6,000,000 for fiscal years 2001 mentation of the project, except for the neg- port of activities relating to the dredging of the through 2003. ligence of the Federal Government or its con- Nepperhan River outlet, New York. SEC. 534. CUYAHOGA RIVER, OHIO. tractors. SEC. 532. UPPER MOHAWK RIVER BASIN, NEW (a) IN GENERAL.—The Secretary shall provide (3) To pay 35 percent of project costs. YORK. technical assistance to non-Federal interests for (d) NONPROFIT ENTITY.—For any project un- (a) IN GENERAL.—The Secretary, in coopera- an evaluation of the structural integrity of the dertaken under this section, a non-Federal in- tion with the Secretary of Agriculture and the bulkhead system located along the Cuyahoga terest may include a nonprofit entity with the State of New York, shall conduct a study, de- River in the vicinity of Cleveland, Ohio, at a consent of the affected local government. velop a strategy, and implement a project to re- total cost of $500,000. (e) AUTHORIZATION OF APPROPRIATIONS.— duce flood damages and create wildlife habitat (b) EVALUATION.—The evaluation described in There is authorized to be appropriated to carry through wetlands restoration, soil and water subsection (a) shall include design analysis, out this section $10,000,000. conservation practices, nonstructural measures, plans and specifications, and cost estimates for SEC. 529. LAS VEGAS, NEVADA. and other appropriate means in the Upper Mo- repair or replacement of the bulkhead system. hawk River Basin, at an estimated Federal cost (a) DEFINITIONS.—In this section, the fol- SEC. 535. CROWDER POINT, CROWDER, OKLA- lowing definitions apply: of $10,000,000. HOMA. (1) COMMITTEE.—The term ‘‘Committee’’ (b) IMPLEMENTATION OF STRATEGY.—The Sec- At the request of the city of Crowder, Okla- means the Las Vegas Wash Coordinating Com- retary shall implement the strategy under this homa, the Secretary shall enter into a long-term mittee. section in cooperation with local landowners lease, not to exceed 99 years, with the city under (2) PLAN.—The term ‘‘Plan’’ means the Las and local government. Projects to implement the which the city may develop, operate, and main- Vegas Wash comprehensive adaptive manage- strategy shall be designed to take advantage of tain as a public park all or a portion of approxi- ment plan, developed by the Committee and ongoing or planned actions by other agencies, mately 260 acres of land known as Crowder dated January 20, 2000. local municipalities, or nonprofit, nongovern- Point on Lake Eufaula, Oklahoma. The lease (3) PROJECT.—The term ‘‘Project’’ means the mental organizations with expertise in wetlands shall include such terms and conditions as the Las Vegas Wash wetlands restoration and Lake restoration that would increase the effectiveness Secretary determines are necessary to protect Mead improvement project and includes the pro- or decrease the overall cost of implementing rec- the interest of the United States and project grams, features, components, projects, and ac- ommended projects and may include the acquisi- purposes and shall be made without consider- tivities identified in the Plan. tion of wetlands, from willing sellers, that con- ation to the United States. (b) PARTICIPATION IN PROJECT.— tribute to the Upper Mohawk River basin ecosystem. SEC. 536. LOWER COLUMBIA RIVER AND (1) IN GENERAL.—The Secretary, in conjunc- TILLAMOOK BAY ECOSYSTEM RES- tion with the Administrator of the Environ- (c) COOPERATION AGREEMENTS.—In carrying TORATION, OREGON AND WASH- mental Protection Agency, the Secretary of Ag- out activities under this section, the Secretary INGTON. riculture, and the Secretary of the Interior and shall enter into cooperation agreements to pro- (a) IN GENERAL.—The Secretary shall conduct in partnership with the Committee, shall partici- vide financial assistance to appropriate Federal, studies and ecosystem restoration projects for pate in the implementation of the Project at Las State, and local government agencies and ap- the lower Columbia River and Tillamook Bay es- Vegas Wash and Lake Mead in accordance with propriate nonprofit, nongovernmental organiza- tuaries, Oregon and Washington. the Plan. tions with expertise in wetland restoration, with (b) USE OF MANAGEMENT PLANS.— (2) COST SHARING REQUIREMENTS.— the consent of the affected local government. Fi- (1) LOWER COLUMBIA RIVER ESTUARY.— (A) IN GENERAL.—The non-Federal interests nancial assistance provided may include activi- (A) IN GENERAL.—In carrying out ecosystem shall pay 35 percent of the cost of any project ties for the implementation of wetlands restora- restoration projects under this section, the Sec- carried out under this section. tion projects and soil and water conservation retary shall use as a guide the Lower Columbia (B) OPERATION AND MAINTENANCE.—The non- measures. River estuary program’s comprehensive con- Federal interests shall be responsible for all (d) NON-FEDERAL SHARE.—The non-Federal servation and management plan developed costs associated with operating, maintaining, re- share of the cost of activities carried out under under section 320 of the Federal Water Pollution placing, repairing, and rehabilitating all this section shall be 35 percent and may be pro- Control Act (33 U.S.C. 1330). projects carried out under this section. vided through in-kind services and materials. (B) CONSULTATION.—The Secretary shall carry (C) FEDERAL LANDS.—Notwithstanding any (e) UPPER MOHAWK RIVER BASIN DEFINED.— out ecosystem restoration projects under this other provision of this subsection, the Federal In this section, the term ‘‘Upper Mohawk River section for the lower Columbia River estuary in share of the cost of a project carried out under basin’’ means the Mohawk River, its tributaries, consultation with the Governors of the States of this section on Federal lands shall be 100 per- and associated lands upstream of the confluence Oregon and Washington and the heads of ap- cent, including the costs of operation and main- of the Mohawk River and Canajoharie Creek, propriate Indian tribes, the Environmental Pro- tenance. and including Canajoharie Creek, New York. tection Agency, the United States Fish and (3) AUTHORIZATION OF APPROPRIATIONS.— SEC. 533. FLOOD DAMAGE REDUCTION. Wildlife Service, the National Marine Fisheries There is authorized to be appropriated (a) IN GENERAL.—In order to assist the States Service, and the Forest Service. $10,000,000 to carry out this section. of North Carolina and Ohio and local govern- (2) TILLAMOOK BAY ESTUARY.—

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(A) IN GENERAL.—In carrying out ecosystem SEC. 537. ACCESS IMPROVEMENTS, RAYSTOWN non-Federal interest for the value of any land, restoration projects under this section, the Sec- LAKE, PENNSYLVANIA. easement, right-of-way, dredged material dis- retary shall use as a guide the Tillamook Bay The Commonwealth of Pennsylvania may posal area, or relocation provided for carrying national estuary project’s comprehensive con- transfer any unobligated funds made available out a project under subsection (a)(2). servation and management plan developed to the Commonwealth for item number 1278 of (B) FORM.—The non-Federal interest may under section 320 of the Federal Water Pollution the table contained in section 1602 of Public provide up to 50 percent of the non-Federal Control Act (33 U.S.C. 1330). Law 105–178 (112 Stat. 305) to the Secretary for share in the form of services, materials, supplies, (B) CONSULTATION.—The Secretary shall carry access improvements at the Raystown Lake or other in-kind contributions. out ecosystem restoration projects under this project, Pennsylvania. (4) OPERATION AND MAINTENANCE.—The oper- section for the Tillamook Bay estuary in con- SEC. 538. UPPER SUSQUEHANNA RIVER BASIN, ation, maintenance, repair, rehabilitation, and sultation with the Governor of the State of Or- PENNSYLVANIA AND NEW YORK. replacement of projects carried out under this egon and the heads of appropriate Indian tribes, Section 567 of the Water Resources Develop- section shall be a non-Federal responsibility. the Environmental Protection Agency, the ment Act of 1996 (110 Stat. 3787–3788) is amend- (5) NON-FEDERAL INTERESTS.—Notwith- United States Fish and Wildlife Service, the Na- ed— standing section 221 of the Flood Control Act of tional Marine Fisheries Service, and the Forest (1) by striking subsection (a)(2) and inserting 1970 (42 U.S.C. 1962d–5b), for any project carried Service. the following: out under this section, a non-Federal interest (c) AUTHORIZED ACTIVITIES.— ‘‘(2) The Susquehanna River watershed up- may include a private interest and a nonprofit (1) IN GENERAL.—In carrying out ecosystem stream of the Chemung River, New York, at an entity. restoration projects under this section, the Sec- estimated Federal cost of $10,000,000.’’; and (c) AUTHORIZATION OF APPROPRIATIONS.— retary shall undertake activities necessary to (2) by striking subsections (c) and (d) and in- (1) DEVELOPMENT OF PLAN.—There is author- protect, monitor, and restore fish and wildlife serting the following: ized to be appropriated to carry out subsection habitat. ‘‘(c) COOPERATION AGREEMENTS.—In con- (a)(1) $300,000. (2) LIMITATIONS.—The Secretary may not ducting the study and developing the strategy (2) OTHER ACTIVITIES.—There is authorized to carry out any activity under this section that under this section, the Secretary shall enter into be appropriated to carry out paragraphs (2) and adversely affects— cooperation agreements to provide financial as- (3) of subsection (a) $5,000,000 for each of fiscal (A) the water-related needs of the lower Co- sistance to appropriate Federal, State, and local years 2001 through 2004. lumbia River estuary or the Tillamook Bay estu- government agencies and appropriate nonprofit, SEC. 540. CHEYENNE RIVER SIOUX TRIBE, LOWER ary, including navigation, recreation, and water nongovernmental organizations with expertise BRULE SIOUX TRIBE, AND SOUTH supply needs; or in wetland restoration, with the consent of the DAKOTA TERRESTRIAL WILDLIFE (B) private property rights. affected local government. Financial assistance HABITAT RESTORATION. (d) PRIORITY.—In determining the priority of provided may include activities for the imple- (a) TERRESTRIAL WILDLIFE HABITAT RESTORA- projects to be carried out under this section, the mentation of wetlands restoration projects and TION.—Section 602 of the Water Resources De- Secretary shall consult with the Implementation soil and water conservation measures. velopment Act of 1999 (113 Stat. 385–388) is Committee of the Lower Columbia River Estuary ‘‘(d) IMPLEMENTATION OF STRATEGY.—The amended— Program and the Performance Partnership Secretary shall undertake development and im- (1) in subsection (a)(4)(C)(i) by striking sub- Council of the Tillamook Bay National Estuary plementation of the strategy under this section clause (I) and inserting the following: Project, and shall consider the recommendations in cooperation with local landowners and local ‘‘(I) fund, from funds made available for oper- of such entities. government officials. Projects to implement the ation and maintenance under the Pick-Sloan (e) COST-SHARING REQUIREMENTS.— strategy shall be designed to take advantage of Missouri River Basin program and through (1) STUDIES.—Studies conducted under this grants to the State of South Dakota, the Chey- section shall be subject to cost sharing in ac- ongoing or planned actions by other agencies, enne River Sioux Tribe, and the Lower Brule cordance with section 105 of the Water Re- local municipalities, or nonprofit, nongovern- Sioux Tribe— sources Development Act of 1986 (33 U.S.C. mental organizations with expertise in wetlands ‘‘(aa) the terrestrial wildlife habitat restora- 2215). restoration that would increase the effectiveness tion programs being carried out as of August 17, (2) ECOSYSTEM RESTORATION PROJECTS.— or decrease the overall cost of implementing rec- (A) IN GENERAL.—Non-Federal interests shall ommended projects and may include the acquisi- 1999, on Oahe and Big Bend project land at a pay 35 percent of the cost of any ecosystem res- tion of wetlands, from willing sellers, that con- level that does not exceed the greatest amount of toration project carried out under this section. tribute to the Upper Susquehanna River basin funding that was provided for the programs (B) ITEMS PROVIDED BY NON-FEDERAL INTER- ecosystem.’’. during a previous fiscal year; and ESTS.—Non-Federal interests shall provide all SEC. 539. CHARLESTON HARBOR, SOUTH CARO- ‘‘(bb) the carrying out of plans developed land, easements, rights-of-way, dredged mate- LINA. under this section; and’’; and rial disposal areas, and relocations necessary (a) ESTUARY RESTORATION.— (2) in subsection (b)(4)(B) by striking ‘‘section for ecosystem restoration projects to be carried (1) SUPPORT PLAN.— 604(d)(3)(A)(iii)’’ and inserting ‘‘section out under this section. The value of such land, (A) IN GENERAL.—Not later than 1 year after 604(d)(3)(A)’’. easements, rights-of-way, dredged material dis- the date of enactment of this Act, the Secretary (b) SOUTH DAKOTA TERRESTRIAL WILDLIFE posal areas, and relocations shall be credited to- shall develop a plan for activities of the Corps HABITAT RESTORATION TRUST FUND.—Section ward the payment required under this para- of Engineers to support the restoration of the 603 of the Water Resources Development Act of graph. ecosystem of the Charleston Harbor estuary, 1999 (113 Stat. 388–389) is amended— (C) IN-KIND CONTRIBUTIONS.—Not more than South Carolina. (1) in subsection (c)(2) by striking ‘‘The’’ and 50 percent of the non-Federal share required (B) COOPERATION.—The Secretary shall de- inserting ‘‘In consultation with the State of under this subsection may be satisfied by the velop the plan in cooperation with— South Dakota, the’’; and provision of in-kind services. (i) the State of South Carolina; and (2) in subsection (d)— (3) OPERATION AND MAINTENANCE.—Non-Fed- (ii) other affected Federal and non-Federal in- (A) in paragraph (2) by inserting ‘‘Depart- eral interests shall be responsible for all costs terests. ment of Game, Fish and Parks of the’’ before associated with operating, maintaining, replac- (2) PROJECTS.—The Secretary shall plan, de- ‘‘State of’’; and ing, repairing, and rehabilitating all projects sign, and construct projects to support the res- (B) in paragraph (3)(A)(ii)— carried out under this section. toration of the ecosystem of the Charleston Har- (i) in subclause (I) by striking ‘‘transferred’’ (4) FEDERAL LANDS.—Notwithstanding any bor estuary. and inserting ‘‘transferred or to be transferred’’; other provision of this subsection, the Federal (3) EVALUATION PROGRAM.— and share of the cost of a project carried out under (A) IN GENERAL.—The Secretary shall develop (ii) by striking subclause (II) and inserting the this section on Federal lands shall be 100 per- a program to evaluate the success of the projects following: cent, including costs of operation and mainte- carried out under paragraph (2) in meeting eco- ‘‘(II) fund all costs associated with the lease, nance. system restoration goals. ownership, management, operation, administra- (f) DEFINITIONS.—In this section, the fol- (B) STUDIES.—Evaluations under subpara- tion, maintenance, or development of recreation lowing definitions apply: graph (A) shall be conducted in consultation areas and other land that are transferred or to (1) LOWER COLUMBIA RIVER ESTUARY.—The with the appropriate Federal, State, and local be transferred to the State of South Dakota by term ‘‘lower Columbia River estuary’’ means agencies. the Secretary;’’. those river reaches having navigation channels (b) COST SHARING.— (c) CHEYENNE RIVER SIOUX TRIBE AND LOWER on the mainstem of the Columbia River in Or- (1) DEVELOPMENT OF PLAN.—The Federal BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE egon and Washington west of Bonneville Dam, share of the cost of development of the plan HABITAT RESTORATION TRUST FUNDS.—Section and the tributaries of such reaches to the extent under subsection (a)(1) shall be 65 percent. 604 of the Water Resources Development Act of such tributaries are tidally influenced. (2) PROJECT PLANNING, DESIGN, CONSTRUCTION, 1999 (113 Stat. 389–390) is amended— (2) TILLAMOOK BAY ESTUARY.—The term AND EVALUATION.—The Federal share of the cost (1) in subsection (c)(2) by striking ‘‘The’’ and ‘‘Tillamook Bay estuary’’ means those waters of of planning, design, construction, and evalua- inserting ‘‘In consultation with the Cheyenne Tillamook Bay in Oregon and its tributaries tion of a project under paragraphs (2) and (3) of River Sioux Tribe and Lower Brule Sioux Tribe, that are tidally influenced. subsection (a) shall be 65 percent. the’’; and (g) AUTHORIZATION OF APPROPRIATIONS.— (3) NON-FEDERAL SHARE.— (2) in subsection (d)— There is authorized to be appropriated to carry (A) CREDIT FOR LAND, EASEMENTS, AND (A) in paragraph (2) by inserting ‘‘as tribal out this section $30,000,000. RIGHTS-OF-WAY.—The Secretary shall credit the funds’’ after ‘‘for use’’; and

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.059 pfrm02 PsN: H31PT1 H11650 CONGRESSIONAL RECORD — HOUSE October 31, 2000 (B) in paragraph (3)(A)(ii)— cluding for boat docks, boat ramps, and related (2) in subsection (b)(1) by striking ‘‘Big Bend (i) in subclause (I) by striking ‘‘transferred’’ structures). and Oahe’’ and inserting ‘‘Oahe, Big Bend, and and inserting ‘‘transferred or to be transferred’’; ‘‘(B) NO EFFECT ON MISSION.—The easements Fort Randall’’; and and access referred to in subparagraph (A) shall (3) in subsection (d) by striking paragraph (2) (ii) by striking subclause (II) and inserting the not prevent the Corps from carrying out its mis- and inserting the following: following: sion under the Act entitled ‘An Act authorizing ‘‘(2) STRUCTURES.— ‘‘(II) fund all costs associated with the lease, the construction of certain public works on riv- ‘‘(A) IN GENERAL.—The map shall identify all ownership, management, operation, administra- ers and harbors for flood control, and for other land and structures to be retained as necessary tion, maintenance, or development of recreation purposes’, approved December 22, 1944 (58 Stat. for continuation of the operation, maintenance, areas and other land that are transferred or to 887).’’; repair, replacement, rehabilitation, and struc- be transferred to the respective affected Indian (6) in subsection (h) by striking ‘‘of this Act’’ tural integrity of the dams and related flood Tribe by the Secretary;’’. and inserting ‘‘of law’’; and control and hydropower structures. (d) TRANSFER OF FEDERAL LAND TO STATE OF (7) by adding at the end the following: ‘‘(B) LEASE OF RECREATION AREAS.— SOUTH DAKOTA.—Section 605 of the Water Re- ‘‘(j) CLEANUP OF LAND AND RECREATION ‘‘(i) IN GENERAL.—The Secretary shall lease to sources Development Act of 1999 (113 Stat. 390– AREAS.— the Lower Brule Sioux Tribe in perpetuity all or 393) is amended— ‘‘(1) IN GENERAL.—Not later than 10 years part of the following recreation areas at Big (1) in subsection (a)(1)— after the date of enactment of this subsection, Bend Dam and Lake Sharpe: (A) in subparagraph (B) by striking ‘‘in per- the Secretary shall clean up each open dump ‘‘(I) Left Tailrace Recreation Area. petuity’’ and inserting ‘‘for the life of the Mni and hazardous waste site identified by the Sec- ‘‘(II) Right Tailrace Recreation Area. ‘‘(III) Good Soldier Creek Recreation Area. Wiconi project’’; retary and located on the land and recreation ‘‘(ii) LEASE BOUNDARIES.—The Secretary shall (B) by redesignating subparagraph (B) as sub- areas described in subsections (b) and (c). determine the boundaries of the recreation areas paragraph (C); and ‘‘(2) FUNDING.—Cleanup activities under in consultation with the Lower Brule Sioux (C) by inserting after subparagraph (A) the paragraph (1) shall be funded solely from funds Tribe.’’; following: made available for operation and maintenance (4) in subsection (f)— ‘‘(B) DEADLINE FOR TRANSFER OF RECREATION under the Pick-Sloan Missouri River Basin pro- (A) in paragraph (1) by striking ‘‘Federal AREAS.—Under subparagraph (A), the Secretary gram. law’’ and inserting ‘‘a Federal law specified in ‘‘(k) CULTURAL RESOURCES ADVISORY COM- shall transfer recreation areas not later than section 607(a)(6) or any other Federal law’’; January 1, 2002.’’; MISSION.— (B) in paragraph (2) by striking subparagraph (2) in subsection (c)— ‘‘(1) IN GENERAL.—The State of South Dakota, (C) and inserting the following: (A) by redesignating paragraph (1) as para- the Cheyenne River Sioux Tribe, and the Lower ‘‘(C) EASEMENTS AND ACCESS.— graph (1)(A); Brule Sioux Tribe may establish an advisory ‘‘(i) IN GENERAL.—Not later than 180 days (B) by redesignating paragraphs (2) through commission to be known as the ‘Cultural Re- after a request by an affected Indian Tribe, the (4) as subparagraphs (B) through (D), respec- sources Advisory Commission’ (referred to in Secretary shall provide to the affected Indian tively, of paragraph (1); this subsection as the ‘Commission’). Tribe easements and access on land and water (C) in paragraph (1)— ‘‘(2) MEMBERSHIP.—The Commission shall be below the level of the exclusive flood pool inside (i) in subparagraph (C) (as redesignated by composed of— the Indian reservation of the affected Indian subparagraph (B) of this paragraph) by insert- ‘‘(A) 1 member representing the State of South Tribe for recreational and other purposes (ining ‘‘and’’ after the semicolon; and Dakota; cluding for boat docks, boat ramps, and related (ii) in subparagraph (D) (as redesignated by ‘‘(B) 1 member representing the Cheyenne structures). subparagraph (B) of this paragraph) by striking River Sioux Tribe; ‘‘(ii) NO EFFECT ON MISSION.—The easements ‘‘and’’ and inserting ‘‘or’’; and ‘‘(C) 1 member representing the Lower Brule and access referred to in clause (i) shall not pre- (D) by redesignating paragraph (5) as para- Sioux Tribe; and vent the Corps of Engineers from carrying out graph (2); ‘‘(D) upon unanimous vote of the members of its mission under the Act entitled ‘An Act au- (3) in subsection (d) by striking paragraph (2) the Commission described in subparagraphs (A) thorizing the construction of certain public and inserting the following: through (C), a member representing a federally works on rivers and harbors for flood control, ‘‘(2) STRUCTURES.— recognized Indian Tribe located in the State of and for other purposes’, approved December 22, ‘‘(A) IN GENERAL.—The map shall identify all North Dakota or South Dakota that is histori- 1944 (58 Stat. 887).’’; and land and structures to be retained as necessary cally or traditionally affiliated with the Mis- (C) in paragraph (3)(B) by inserting before the for continuation of the operation, maintenance, souri River basin in South Dakota. period at the end the following: ‘‘that were ad- repair, replacement, rehabilitation, and struc- ‘‘(3) DUTY.—The duty of the Commission shall ministered by the Corps of Engineers as of the tural integrity of the dams and related flood be to provide advice on the identification, pro- date of the land transfer.’’; and control and hydropower structures. tection, and preservation of cultural resources (5) by adding at the end the following: ‘‘(B) LEASE OF RECREATION AREAS.— on the land and recreation areas described in ‘‘(h) CLEANUP OF LAND AND RECREATION ‘‘(i) IN GENERAL.—The Secretary shall lease to subsections (b) and (c) of this section and sub- AREAS.— the State of South Dakota in perpetuity all or sections (b) and (c) of section 606. ‘‘(1) IN GENERAL.—Not later than 10 years part of the following recreation areas, within ‘‘(4) RESPONSIBILITIES, POWERS, AND ADMINIS- after the date of enactment of this subsection, the boundaries determined under clause (ii), TRATION.—The Governor of the State of South the Secretary shall clean up each open dump that are adjacent to land received by the State Dakota, the Chairman of the Cheyenne River and hazardous waste site identified by the Sec- of South Dakota under this title: Sioux Tribe, and the Chairman of the Lower retary and located on the land and recreation ‘‘(I) OAHE DAM AND LAKE.— Brule Sioux Tribe are encouraged to unani- areas described in subsections (b) and (c). ‘‘(aa) Downstream Recreation Area. mously enter into a formal written agreement, ‘‘(2) FUNDING.—Cleanup activities under ‘‘(bb) West Shore Recreation Area. not later than 1 year after the date of enactment paragraph (1) shall be funded solely from funds ‘‘(cc) East Shore Recreation Area. of this subsection, to establish the role, respon- made available for operation and maintenance ‘‘(dd) Tailrace Recreation Area. sibilities, powers, and administration of the under the Pick-Sloan Missouri River Basin pro- ‘‘(II) FORT RANDALL DAM AND LAKE FRANCIS Commission. gram. CASE.— ‘‘(l) INVENTORY AND STABILIZATION OF CUL- ‘‘(i) INVENTORY AND STABILIZATION OF CUL- ‘‘(aa) Randall Creek Recreation Area. TURAL AND HISTORIC SITES.— TURAL AND HISTORIC SITES.— ‘‘(bb) South Shore Recreation Area. ‘‘(1) IN GENERAL.—Not later than 10 years ‘‘(1) IN GENERAL.—Not later than 10 years ‘‘(cc) Spillway Recreation Area. after the date of enactment of this subsection, after the date of enactment of this subsection, ‘‘(III) GAVINS POINT DAM AND LEWIS AND the Secretary, through contracts entered into the Secretary, in consultation with the Cultural CLARK LAKE.—Pierson Ranch Recreation Area. with the State of South Dakota, the affected In- Resources Advisory Commission established ‘‘(ii) LEASE BOUNDARIES.—The Secretary shall dian Tribes, and other Indian Tribes in the under section 605(k) and through contracts en- determine the boundaries of the recreation areas States of North Dakota and South Dakota, shall tered into with the State of South Dakota, the in consultation with the State of South Da- inventory and stabilize each cultural site and affected Indian Tribes, and other Indian Tribes kota.’’; historic site located on the land and recreation in the States of North Dakota and South Da- (4) in subsection (f)(1) by striking ‘‘Federal areas described in subsections (b) and (c). kota, shall inventory and stabilize each cultural law’’ and inserting ‘‘a Federal law specified in ‘‘(2) FUNDING.—Inventory and stabilization site and historic site located on the land and section 607(a)(6) or any other Federal law’’; activities under paragraph (1) shall be funded recreation areas described in subsections (b) and (5) in subsection (g) by striking paragraph (3) solely from funds made available for operation (c). and inserting the following: and maintenance under the Pick-Sloan Missouri ‘‘(2) FUNDING.—Inventory and stabilization ‘‘(3) EASEMENTS AND ACCESS.— River Basin program.’’. activities under paragraph (1) shall be funded ‘‘(A) IN GENERAL.—Not later than 180 days (e) TRANSFER OF CORPS OF ENGINEERS LAND solely from funds made available for operation after a request by the State of South Dakota, FOR AFFECTED INDIAN TRIBES.—Section 606 of and maintenance under the Pick-Sloan Missouri the Secretary shall provide to the State of South the Water Resources Development Act of 1999 River Basin program. Dakota easements and access on land and water (113 Stat. 393–395) is amended— ‘‘(j) SEDIMENT CONTAMINATION.— below the level of the exclusive flood pool out- (1) in subsection (a)(1) by striking ‘‘The Sec- ‘‘(1) IN GENERAL.—Not later than 10 years side Indian reservations in the State of South retary’’ and inserting ‘‘Not later than January after the date of enactment of this subsection, Dakota for recreational and other purposes (in- 1, 2002, the Secretary’’; the Secretary shall—

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‘‘(A) complete a study of sediment contamina- (2) TERRESTRIAL WILDLIFE HABITAT RESTORA- (b) CRITICAL RESTORATION PROJECTS.— tion in the Cheyenne River; and TION.—Section 602(b)(4)(B) of the Water Re- (1) IN GENERAL.—The Secretary may partici- ‘‘(B) take appropriate remedial action to sources Development Act of 1999 (113 Stat. 388) pate in critical restoration projects in the Lake eliminate any public health and environmental is amended by striking ‘‘the Tribe’’ and insert- Champlain watershed. risk posed by the contaminated sediment. ing ‘‘the affected Indian Tribe’’. (2) TYPES OF PROJECTS.—A critical restoration ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— (3) CHEYENNE RIVER SIOUX TRIBE AND LOWER project shall be eligible for assistance under this There are authorized to be appropriated such BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE HABI- section if the critical restoration project consists sums as are necessary to carry out paragraph TAT RESTORATION TRUST FUNDS.—Section of— (1).’’. 604(d)(3)(A) of the Water Resources Develop- (A) implementation of an intergovernmental (f) BUDGET CONSIDERATIONS.—Section 607 of ment Act of 1999 (113 Stat. 390) is amended by agreement for coordinating regulatory and man- the Water Resources Development Act of 1999 striking ‘‘the respective Tribe’’ each place it ap- agement responsibilities with respect to the Lake (113 Stat. 395–396) is amended by adding at the pears and inserting ‘‘the respective affected In- Champlain watershed; (B) acceleration of whole farm planning to im- end the following: dian Tribe’’. plement best management practices to maintain ‘‘(d) BUDGET CONSIDERATIONS.— (4) TRANSFER OF FEDERAL LAND TO STATE OF N GENERAL or enhance water quality and to promote agri- ‘‘(1) I .—In developing an annual SOUTH DAKOTA.—Section 605 of the Water Re- cultural land use in the Lake Champlain water- budget to carry out this title, the Corps of Engi- sources Development Act of 1999 (113 Stat. 390– neers shall consult with the State of South Da- shed; 393) is amended— (C) acceleration of whole community planning kota and the affected Indian Tribes. (A) in subsection (b)(3) by striking ‘‘an Indian ‘‘(2) INCLUSIONS; AVAILABILITY.—The budget to promote intergovernmental cooperation in the Tribe’’ and inserting ‘‘any Indian Tribe’’; and referred to in paragraph (1) shall— regulation and management of activities con- (B) in subsection (c)(1)(B) (as redesignated by ‘‘(A) be detailed; sistent with the goal of maintaining or enhanc- ‘‘(B) include all necessary tasks and associ- subsection (d)(2)(B) of this section) by striking ing water quality in the Lake Champlain water- ated costs; and ‘‘an Indian Tribe’’ and inserting ‘‘any Indian shed; ‘‘(C) be made available to the State of South Tribe’’. (D) natural resource stewardship activities on Dakota and the affected Indian Tribes at the (5) TRANSFER OF CORPS OF ENGINEERS LAND public or private land to promote land uses time at which the Corps of Engineers submits FOR AFFECTED INDIAN TRIBES.—Section 606 of that— the budget to Congress.’’. the Water Resources Development Act of 1999 (i) preserve and enhance the economic and so- (g) AUTHORIZATION OF APPROPRIATIONS.—Sec- (113 Stat. 393–395) is amended— cial character of the communities in the Lake tion 609 of the Water Resources Development (A) in the section heading by striking ‘‘IN- Champlain watershed; and Act of 1999 (113 Stat. 396–397) is amended by DIAN TRIBES’’ and inserting ‘‘AFFECTED IN- (ii) protect and enhance water quality; or (E) any other activity determined by the Sec- striking subsection (a) and inserting the fol- DIAN TRIBES’’; retary to be appropriate. lowing: (B) in paragraphs (1) and (4) of subsection (a) (c) PUBLIC OWNERSHIP REQUIREMENT.—The ‘‘(a) SECRETARY.— by striking ‘‘the Indian Tribes’’ each place it Secretary may provide assistance for a critical ‘‘(1) IN GENERAL.—There are authorized to be appears and inserting ‘‘the affected Indian appropriated to the Secretary for each fiscal Tribes’’; restoration project under this section only if— (1) the critical restoration project is publicly year such sums as are necessary— (C) in subsection (c)(2) by striking ‘‘an Indian Tribe’’ and inserting ‘‘any Indian Tribe’’; owned; or ‘‘(A) to pay the administrative expenses in- (2) the non-Federal interest with respect to (D) in subsection (f)(2)(B)(i)— curred by the Secretary in carrying out this the critical restoration project demonstrates that (i) by striking ‘‘the respective tribes’’ and in- title; the critical restoration project will provide a ‘‘(B) to fund the implementation of terrestrial serting ‘‘the respective affected Indian Tribes’’; substantial public benefit in the form of water wildlife habitat restoration plans under section and quality improvement. 602(a); (ii) by striking ‘‘the respective Tribe’s’’ and (d) PROJECT SELECTION.— ‘‘(C) to fund activities described in sections inserting ‘‘the respective affected Indian (1) IN GENERAL.—In consultation with the 603(d)(3) and 604(d)(3) with respect to land and Tribe’s’’; and Lake Champlain Basin Program and the heads recreation areas transferred or to be transferred (E) in subsection (g) by striking ‘‘an Indian of other appropriate Federal, State, tribal, and to an affected Indian Tribe or the State of South Tribe’’ and inserting ‘‘any Indian Tribe’’. local agencies, the Secretary may— Dakota under section 605 or 606; and (6) ADMINISTRATION.—Section 607(a) of the (A) identify critical restoration projects in the ‘‘(D) to fund the annual expenses (not to ex- Water Resources Development Act of 1999 (113 Lake Champlain watershed; and ceed the Federal cost as of August 17, 1999) of Stat. 395) is amended by striking ‘‘an Indian (B) carry out the critical restoration projects operating recreation areas transferred or to be Tribe’’ each place it appears and inserting ‘‘any after entering into an agreement with an appro- transferred under sections 605(c) and 606(c) to, Indian Tribe’’. priate non-Federal interest in accordance with or leased by, the State of South Dakota or an SEC. 541. HORN LAKE CREEK AND TRIBUTARIES, section 221 of the Flood Control Act of 1970 (42 affected Indian Tribe, until such time as the TENNESSEE AND MISSISSIPPI. U.S.C. 1962d–5b) and this section. trust funds under sections 603 and 604 are fully The Secretary shall prepare a limited reevalu- (2) CERTIFICATION.— capitalized. ation report of the project for flood control, (A) IN GENERAL.—A critical restoration project ‘‘(2) ALLOCATIONS.— Horn Lake Creek and Tributaries, Tennessee shall be eligible for financial assistance under ‘‘(A) IN GENERAL.—For each fiscal year, the and Mississippi, authorized by section 401(a) of this section only if the appropriate State official Secretary shall allocate the amounts made the Water Resources Development Act of 1986 for the critical restoration project certifies to the available under subparagraphs (B), (C), and (D) (100 Stat. 4124), to determine the feasibility of Secretary that the critical restoration project of paragraph (1) as follows: modifying the project to provide urban flood will contribute to the protection and enhance- ‘‘(i) $1,000,000 (or, if a lesser amount is so protection along Horn Lake Creek and, if the ment of the quality or quantity of the water re- made available for the fiscal year, the lesser Secretary determines that the modification is sources of the Lake Champlain watershed. amount) shall be allocated equally among the technically sound, environmentally acceptable, (B) SPECIAL CONSIDERATION.—In certifying State of South Dakota, the Cheyenne River and economically justified, carry out the project critical restoration projects to the Secretary, the Sioux Tribe, and the Lower Brule Sioux Tribe, as modified in accordance with the report. appropriate State officials shall give special con- for use in accordance with paragraph (1). sideration to projects that implement plans, ‘‘(ii) Any amounts remaining after the alloca- SEC. 542. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK. agreements, and measures that preserve and en- tion under clause (i) shall be allocated as fol- hance the economic and social character of the (a) DEFINITIONS.—In this section, the follows: lowing definitions apply: communities in the Lake Champlain watershed. ‘‘(I) 65 percent to the State of South Dakota. (e) COST SHARING.— (1) CRITICAL RESTORATION PROJECT.—The term ‘‘(II) 26 percent to the Cheyenne River Sioux (1) IN GENERAL.—Before providing assistance Tribe. ‘‘critical restoration project’’ means a project under this section with respect to a critical res- ‘‘(III) 9 percent to the Lower Brule Sioux that will produce, consistent with Federal pro- toration project, the Secretary shall enter into a Tribe. grams, projects, and activities, immediate and project cooperation agreement that shall require ‘‘(B) USE OF ALLOCATIONS.—Amounts allo- substantial ecosystem restoration, preservation, the non-Federal interest— cated under subparagraph (A) may be used at and protection benefits. (A) to pay 35 percent of the total costs of the the option of the recipient for any purpose de- (2) LAKE CHAMPLAIN WATERSHED.—The term project; scribed in subparagraph (B), (C), or (D) of para- ‘‘Lake Champlain watershed’’ means— (B) to provide any land, easements, rights-of- graph (1).’’. (A) the land areas within Addison, way, dredged material disposal areas, and relo- (h) CLARIFICATION OF REFERENCES TO INDIAN Bennington, Caledonia, Chittenden, Franklin, cations necessary to carry out the project; TRIBES.— Grand Isle, Lamoille, Orange, Orleans, Rutland, (C) to pay 100 percent of the operation, main- (1) DEFINITIONS.—Section 601 of the Water Re- and Washington Counties in the State of tenance, repair, replacement, and rehabilitation sources Development Act of 1999 (113 Stat. 385) Vermont; and costs associated with the project; and is amended by striking paragraph (1) and insert- (B)(i) the land areas that drain into Lake (D) to hold the United States harmless from ing the following: Champlain and that are located within Essex, any claim or damage that may arise from car- ‘‘(1) AFFECTED INDIAN TRIBE.—The term ‘af- Clinton, Franklin, Warren, and Washington rying out the project, except any claim or dam- fected Indian Tribe’ means each of the Chey- Counties in the State of New York; and age that may arise from the negligence of the enne River Sioux Tribe and the Lower Brule (ii) the near-shore areas of Lake Champlain Federal Government or a contractor of the Fed- Sioux Tribe.’’. within the counties referred to in clause (i). eral Government.

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(2) NON-FEDERAL SHARE.— (c) PROJECT SELECTION.— (b) PROJECT.— (A) CREDIT FOR DESIGN WORK.—The non-Fed- (1) IN GENERAL.—The Secretary may identify (1) IN GENERAL.—Notwithstanding any other eral interest shall receive credit for the reason- critical restoration projects in the area described provision of law (including any requirement for able costs of design work carried out by the non- in subsection (b) based on— economic justification), the Secretary may con- Federal interest before the date of execution of (A) studies to determine the feasibility of car- struct and maintain a project to provide coastal a project cooperation agreement for the critical rying out the critical restoration projects; and erosion protection for the tribal reservation of restoration project, if the Secretary finds that (B) analyses conducted before the date of en- the Shoalwater Bay Tribe on Willapa Bay, the design work is integral to the project. actment of this Act by non-Federal interests. Washington, at Federal expense, if the Sec- (B) CREDIT FOR LAND, EASEMENTS, AND (2) CRITERIA AND PROCEDURES FOR REVIEW retary determines that the project— RIGHTS-OF-WAY.—The Secretary shall credit the AND APPROVAL.— (A) is a cost-effective means of providing ero- non-Federal interest for the value of any land, (A) IN GENERAL.—In consultation with the sion protection; easement, right-of-way, dredged material dis- Secretary of Commerce, the Secretary of the In- (B) is environmentally acceptable and tech- posal area, or relocation provided for carrying terior, the Governor of the State of Washington, nically feasible; and (C) will improve the economic and social con- out the project. tribal governments, and the heads of other ap- ditions of the Shoalwater Bay Tribe. (C) FORM.—The non-Federal interest may propriate Federal, State, and local agencies, the (2) LAND, EASEMENTS, AND RIGHTS-OF-WAY.— provide up to 50 percent of the non-Federal Secretary may develop criteria and procedures for prioritizing projects identified under para- As a condition of the project described in para- share in the form of services, materials, supplies, graph (1), the Shoalwater Bay Tribe shall pro- graph (1). or other in-kind contributions. vide lands, easements, rights-of-way, and (B) CONSISTENCY WITH FISH RESTORATION (f) APPLICABILITY OF OTHER FEDERAL AND dredged material disposal areas necessary for GOALS.—The criteria and procedures developed STATE LAWS.—Nothing in this section waives, implementation of the project. limits, or otherwise affects the applicability of under subparagraph (A) shall be consistent with fish restoration goals of the National Marine SEC. 546. WYNOOCHEE LAKE, WYNOOCHEE RIVER, Federal or State law with respect to a project WASHINGTON. Fisheries Service and the State of Washington. carried out with assistance provided under this (a) IN GENERAL.—The city of Aberdeen, Wash- (C) USE OF EXISTING STUDIES AND PLANS.—In section. ington, may transfer all rights, title, and inter- carrying out subparagraph (A), the Secretary (g) AUTHORIZATION OF APPROPRIATIONS.— ests of the city in the land transferred to the shall use, to the maximum extent practicable, There is authorized to be appropriated to carry city under section 203 of the Water Resources studies and plans in existence on the date of en- out this section $20,000,000, to remain available Development Act of 1990 (104 Stat. 4632) to the actment of this Act to identify project needs and until expended. city of Tacoma, Washington. priorities. SEC. 543. VERMONT DAMS REMEDIATION. (b) CONDITIONS.—The transfer under this sec- (3) LOCAL PARTICIPATION.—In prioritizing (a) IN GENERAL.—The Secretary— tion shall be subject to the conditions set forth projects for implementation under this section, (1) shall conduct a study to evaluate the in section 203(b) of the Water Resources Devel- the Secretary shall consult with, and consider structural integrity and need for modification or opment Act of 1990 (104 Stat. 4632); except that the priorities of, public and private entities that removal of each dam located in the State of the condition set forth in paragraph (1) of such are active in watershed planning and ecosystem Vermont and described in subsection (b); section shall apply to the city of Tacoma only restoration in Puget Sound watersheds, includ- (2) shall provide to the non-Federal interest for so long as the city of Tacoma has a valid li- ing— design analysis, plans and specifications, and cense with the Federal Energy Regulatory Com- (A) the Salmon Recovery Funding Board; cost estimates for repair, restoration, modifica- mission relating to operation of the Wynoochee (B) the Northwest Straits Commission; Dam, Washington. tion, and removal of each dam described in sub- (C) the Hood Canal Coordinating Council; (c) LIMITATION.—The transfer under subsection (b); and (D) county watershed planning councils; and section (a) may be made only after the Secretary (3) may carry out measures to prevent or miti- (E) salmon enhancement groups. determines that the city of Tacoma will be able gate against such risk if the Secretary deter- (d) IMPLEMENTATION.—The Secretary may to operate, maintain, repair, replace, and reha- mines that a dam described in subsection (b) carry out projects identified under subsection (c) bilitate the project for Wynoochee Lake, presents an imminent and substantial risk to after entering into an agreement with an appro- Wynoochee River, Washington, authorized by public safety. priate non-Federal interest in accordance with section 203 of the Flood Control Act of 1962 (76 (b) DAMS TO BE EVALUATED.—The dams re- section 221 of the Flood Control Act of 1970 (42 Stat. 1193), in accordance with such regulations ferred to in subsection (a) are the following: U.S.C. 1962d–5b) and this section. as the Secretary may issue to ensure that such (1) East Barre Dam, Barre Town. (e) COST SHARING.— (2) Wrightsville Dam, Middlesex-Montpelier. (1) IN GENERAL.—Before carrying out any operation, maintenance, repair, replacement, (3) Lake Sadawga Dam, Whitingham. project under this section, the Secretary shall and rehabilitation is consistent with project (4) Dufresne Pond Dam, Manchester. enter into a binding agreement with the non- purposes. (d) WATER SUPPLY CONTRACT.—The water (5) Knapp Brook Site 1 Dam, Cavendish. Federal interest that shall require the non-Fed- supply contract designated as DACWD 67–68–C– (6) Lake Bomoseen Dam, Castleton. eral interest— 0024 shall be null and void if the Secretary exer- (7) Little Hosmer Dam, Craftsbury. (A) to pay 35 percent of the total costs of the cises the reversionary right set forth in section (8) Colby Pond Dam, Plymouth. project; (9) Silver Lake Dam, Barnard. (B) to provide any land, easements, rights-of- 203(b)(3) of the Water Resources Development (10) Gale Meadows Dam, Londonderry. way, dredged material disposal areas and relo- Act of 1990 (104 Stat. 4632). (c) COST SHARING.—The non-Federal share of cations necessary to carry out the project; SEC. 547. BLUESTONE, WEST VIRGINIA. the cost of activities under subsection (a) shall (C) to pay 100 percent of the operation, main- (a) IN GENERAL.—The project for flood con- be 35 percent. tenance, repair, replacement, and rehabilitation trol, Bluestone Lake, Ohio River basin, West (d) COORDINATION.—In carrying out this sec- costs associated with the project; and Virginia, authorized by section 4 of the Flood tion, the Secretary shall coordinate with the ap- (D) to hold the United States harmless from Control Act of June 28, 1938 (52 Stat. 1217), is propriate State dam safety officials and the Di- any claim or damage that may arise from car- modified to authorize construction of hydro- rector of the Federal Emergency Management rying out the project, except any claim or dam- electric generating facilities at the project by the Agency. age that may arise from the negligence of the Tri-Cities Power Authority of West Virginia (e) AUTHORIZATION OF APPROPRIATIONS.— Federal Government or a contractor of the Fed- under the terms and conditions of the agreement There is authorized to be appropriated to carry eral Government. referred to in subsection (b). out this section $5,000,000. (2) CREDIT.— (b) AGREEMENT.— (1) AGREEMENT TERMS.—The Secretary and (A) IN GENERAL.—The Secretary shall credit SEC. 544. PUGET SOUND AND ADJACENT WATERS the Secretary of Energy, acting through the RESTORATION, WASHINGTON. the non-Federal interest for the value of any Southeastern Power Administration, shall enter (a) DEFINITION OF CRITICAL RESTORATION land, easement, right-of-way, dredged material into a binding agreement with the Tri-Cities PROJECT.—In this section, the term ‘‘critical res- disposal area, or relocation provided for car- Power Authority that contains mutually accept- toration project’’ means a project that will rying out the project. able terms and conditions and under which the produce, consistent with Federal programs, (B) FORM.—The non-Federal interest may Tri-Cities Power Authority agrees to each of the projects, and activities, immediate and substan- provide up to 50 percent of the non-Federal share in the form of services, materials, supplies, following: tial ecosystem restoration, preservation, and (A) To design and construct the generating fa- or other in-kind contributions. protection benefits. cilities referred to in subsection (a) within 4 (b) CRITICAL RESTORATION PROJECTS.—The (f) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to carry years after the date of such agreement. Secretary may participate in critical restoration (B) To reimburse the Secretary for— projects in the area of Puget Sound, Wash- out this section $40,000,000, of which not more (i) the cost of approving such design and in- ington, and adjacent waters, including— than $5,000,000 may be used to carry out any 1 specting such construction; (1) the watersheds that drain directly into critical restoration project. (ii) the cost of providing any assistance au- Puget Sound; SEC. 545. WILLAPA BAY, WASHINGTON. thorized under subsection (c)(2); and (2) Admiralty Inlet; (a) STUDY.—The Secretary shall conduct a (iii) the redistributed costs associated with the (3) Hood Canal; study to determine the feasibility of providing original construction of the dam and dam safety (4) Rosario Strait; and coastal erosion protection for the tribal reserva- if all parties agree with the method of the devel- (5) the Strait of Juan de Fuca to Cape Flat- tion of the Shoalwater Bay Tribe on Willapa opment of the chargeable amounts associated tery. Bay, Washington. with hydropower at the facility.

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(C) To release and indemnify the United (g) AUTHORITY OF SECRETARY OF ENERGY.— (1) to require the Secretary, not later than 60 States from any claims, causes of action, or li- Notwithstanding any other provision of law, the days after the Corps of Engineers completes a abilities that may arise from such design and Secretary of Energy, acting through the South- project involving dredging of a channel, to pro- construction of the facilities referred to in sub- eastern Power Administration, is authorized— vide data to the Administration in a standard section (a), including any liability that may (1) to construct such transmission facilities as digital format on the results of a hydrographic arise out of the removal of the facility if directed necessary to market the power produced at the survey of the channel conducted by the Corps of by the Secretary. facilities referred to in subsection (a) with funds Engineers; and (2) ADDITIONAL TERMS.—The agreement shall contributed by the Tri-Cities Power Authority; (2) to require the Administrator to provide the also specify each of the following: and final charts with respect to the project to the (A) The procedures and requirements for ap- (2) to repay those funds, including interest Secretary in digital format, at no charge, for the proval and acceptance of design, construction, and any administrative expenses, directly from purpose of enhancing the mission of the Corps and operation and maintenance of the facilities the revenues from the sale of power produced by of Engineers of maintaining Federal navigation referred to in subsection (a). such facilities of the interconnected systems of projects. (B) The rights, responsibilities, and liabilities reservoirs operated by the Secretary and mar- SEC. 555. COLUMBIA RIVER TREATY FISHING AC- of each party to the agreement. keted by the Southeastern Power Administra- CESS. (C) The amount of the payments under sub- tion. Section 401(d) of the Act entitled ‘‘An Act to section (f) and the procedures under which such (h) SAVINGS CLAUSE.—Nothing in this section establish procedures for review of tribal con- payments are to be made. affects any requirement under Federal or State stitutions and bylaws or amendments thereto (c) OTHER REQUIREMENTS.— environmental law relating to the licensing or pursuant to the Act of June 18, 1934 (48 Stat. (1) PROHIBITION.—No Federal funds may be operation of the facilities referred to in sub- 987)’’, approved November 1, 1988 (102 Stat. expended for the design, construction, and oper- section (a). 2944), is amended by striking ‘‘$2,000,000’’ and ation and maintenance of the facilities referred SEC. 548. LESAGE/GREENBOTTOM SWAMP, WEST inserting ‘‘$4,000,000’’. to in subsection (a) prior to the date on which VIRGINIA. SEC. 556. RELEASE OF USE RESTRICTION. such facilities are accepted by the Secretary Section 30 of the Water Resources Develop- (a) RELEASE.—Notwithstanding any other under subsection (d). ment Act of 1988 (102 Stat. 4030) is amended by provision of law, the Tennessee Valley Author- (2) REIMBURSEMENT.—Notwithstanding any adding at the end the following: ity shall grant a release or releases, without other provision of law, if requested by the Tri- ‘‘(d) HISTORIC STRUCTURE.—The Secretary monetary consideration, from the restrictive cov- Cities Power Authority, the Secretary may pro- shall ensure the preservation and restoration of enant that requires that property described in vide, on a reimbursable basis, assistance in con- the structure known as the ‘Jenkins House’ lo- subsection (b) shall at all times be used solely nection with the design and construction of the cated within the Lesage/Greenbottom Swamp in for the purpose of erecting docks and buildings generating facilities referred to in subsection accordance with standards for sites listed on the for shipbuilding purposes or for the manufac- (a). National Register of Historic Places.’’. ture or storage of products for the purpose of (d) COMPLETION OF CONSTRUCTION.— SEC. 549. TUG FORK RIVER, WEST VIRGINIA. trading or shipping in transportation. (1) TRANSFER OF FACILITIES.—Notwith- (a) IN GENERAL.—The Secretary may provide (b) DESCRIPTION OF PROPERTY.—This section standing any other provision of law, upon com- planning and design assistance to non-Federal shall apply only to those lands situated in the pletion of the construction of the facilities re- interests for projects located along the Tug Fork city of Decatur, Morgan County, Alabama, and ferred to in subsection (a) and final approval of River in West Virginia and identified by the described in an indenture conveying such lands such facilities by the Secretary, the Tri-Cities master plan developed pursuant to section 114(t) to the Ingalls Shipbuilding Corporation dated Power Authority shall transfer without consid- of the Water Resources Development Act of 1992 July 29, 1954, and recorded in deed book 535 at eration title to such facilities to the United (106 Stat. 4820). page 6 in the office of the Probate Judge of Mor- States, and the Secretary shall— (b) PRIORITIES.—In providing assistance gan County, Alabama, which are owned or may (A) accept the transfer of title to such facili- under this section, the Secretary shall give pri- be acquired by the Alabama Farmers Coopera- ties on behalf of the United States; and ority to the primary development demonstration tive, Inc. (B) operate and maintain the facilities. sites in West Virginia identified by the master (2) CERTIFICATION.—The Secretary may accept TITLE VI—COMPREHENSIVE EVERGLADES title to the facilities pursuant to paragraph (1) plan referred to in subsection (a). RESTORATION UTHORIZATION OF APPROPRIATIONS.— only after certifying that the quality of the con- (c) A SEC. 601. COMPREHENSIVE EVERGLADES RES- There is authorized to be appropriated to carry struction meets all standards established for TORATION PLAN. out this section $1,000,000. similar facilities constructed by the Secretary. (a) DEFINITIONS.—In this section, the fol- (3) AUTHORIZED PROJECT PURPOSES.—The op- SEC. 550. SOUTHERN WEST VIRGINIA. lowing definitions apply: eration and maintenance of the facilities shall Section 340(a) of the Water Resources Devel- (1) CENTRAL AND SOUTHERN FLORIDA be conducted in a manner that is consistent opment Act of 1992 (106 Stat. 4856) is amended in PROJECT.— with other authorized project purposes of the the second sentence by inserting ‘‘environmental (A) IN GENERAL.—The term ‘‘Central and Bluestone Lake facility. restoration,’’ after ‘‘distribution facilities,’’. Southern Florida Project’’ means the project for (e) EXCESS POWER.—Pursuant to any agree- SEC. 551. SURFSIDE/SUNSET AND NEWPORT Central and Southern Florida authorized under ment under subsection (b), the Southeastern BEACH, CALIFORNIA. the heading ‘‘CENTRAL AND SOUTHERN FLORIDA’’ Power Administration shall market the excess The Secretary shall treat the Surfside/Sunset in section 203 of the Flood Control Act of 1948 power produced by the facilities referred to in Newport Beach element of the project for beach (62 Stat. 1176). subsection (a) in accordance with section 5 of erosion, Orange County, California, authorized (B) INCLUSION.—The term ‘‘Central and the Rivers and Harbors Act of December 22, 1944 by section 101 of the River and Harbor Act of Southern Florida Project’’ includes any modi- (16 U.S.C. 825s; 58 Stat. 890). 1962 (76 Stat. 1177), as continuing construction. fication to the project authorized by this section (f) PAYMENTS.—Notwithstanding any other SEC. 552. WATERSHED MANAGEMENT, RESTORA- or any other provision of law. provision of law, the Secretary of Energy, acting TION, AND DEVELOPMENT. (2) GOVERNOR.—The term ‘‘Governor’’ means through the Southeastern Power Administra- Section 503(d) of the Water Resources Devel- the Governor of the State of Florida. (3) NATURAL SYSTEM.— tion, may pay, in accordance with the terms of opment Act of 1996 (110 Stat. 3756–3757; 113 Stat. (A) IN GENERAL.—The term ‘‘natural system’’ the agreement entered into under subsection (b), 288) is amended by adding at the end the fol- means all land and water managed by the Fed- out of the revenues from the sale of power pro- lowing: eral Government or the State within the South duced by the generating facility of the inter- ‘‘(28) Tomales Bay watershed, California. Florida ecosystem. connected systems of reservoirs operated by the ‘‘(29) Kaskaskia River watershed, Illinois. (B) INCLUSIONS.—The term ‘‘natural system’’ Secretary and marketed by the Southeastern ‘‘(30) Sangamon River watershed, Illinois. ‘‘(31) Upper Charles River watershed, Massa- includes— Power Administration— (i) water conservation areas; chusetts. (1) to the Tri-Cities Power Authority all rea- (ii) sovereign submerged land; ‘‘(32) Lackawanna River watershed, Pennsyl- sonable costs incurred by the Tri-Cities Power (iii) Everglades National Park; Authority in the design and construction of the vania. (iv) Biscayne National Park; facilities referred to in subsection (a), including ‘‘(33) Brazos River watershed, Texas.’’. (v) Big Cypress National Preserve; the capital investment in such facilities and a SEC. 553. MAINTENANCE OF NAVIGATION CHAN- (vi) other Federal or State (including a polit- reasonable rate of return on such capital invest- NELS. ical subdivision of a State) land that is des- ment; and Section 509(a) of the Water Resources Devel- ignated and managed for conservation purposes; (2) to the Secretary, in accordance with the opment Act of 1996 (110 Stat. 3759; 113 Stat. 339) and terms of the agreement entered into under sub- is amended by adding at the end the following: (vii) any tribal land that is designated and section (b) out of the revenues from the sale of ‘‘(16) Cameron Loop, Louisiana, as part of the managed for conservation purposes, as approved power produced by the generating facility of the Calcasieu River and Pass Ship Channel. by the tribe. interconnected systems of reservoirs operated by ‘‘(17) Morehead City Harbor, North Caro- (4) PLAN.—The term ‘‘Plan’’ means the Com- the Secretary and marketed by the Southeastern lina.’’. prehensive Everglades Restoration Plan con- Power Administration, all reasonable costs in- SEC. 554. HYDROGRAPHIC SURVEY. tained in the ‘‘Final Integrated Feasibility Re- curred by the Secretary in the operation and The Secretary shall enter into an agreement port and Programmatic Environmental Impact maintenance of facilities referred to in sub- with the Administrator of the National Oceanic Statement’’, dated April 1, 1999, as modified by section (a). and Atmospheric Administration— this section.

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(5) SOUTH FLORIDA ECOSYSTEM.— (C) INITIAL PROJECTS.—The following projects Portion of Tamiami Trail and Fill Miami Canal (A) IN GENERAL.—The term ‘‘South Florida are authorized for implementation, after review within WCA 3; component QQ Phase 2, WCA 3 ecosystem’’ means the area consisting of the and approval by the Secretary, subject to the Decompartmentalization and Sheetflow En- land and water within the boundary of the conditions stated in subparagraph (D), at a hancement; and component SS, North New River South Florida Water Management District in ef- total cost of $1,100,918,000, with an estimated Improvements) or the Central Lakebelt Storage fect on July 1, 1999. Federal cost of $550,459,000 and an estimated Project (including components S and EEE, Cen- (B) INCLUSIONS.—The term ‘‘South Florida non-Federal cost of $550,459,000: tral Lake Belt Storage Area) until the comple- ecosystem’’ includes— (i) C–44 Basin Storage Reservoir, at a total tion of the project to improve water deliveries to (i) the Everglades; cost of $112,562,000, with an estimated Federal Everglades National Park authorized by section (ii) the Florida Keys; and cost of $56,281,000 and an estimated non-Federal 104 of the Everglades National Park Protection (iii) the contiguous near-shore coastal water cost of $56,281,000. and Expansion Act of 1989 (16 U.S.C. 410r–8). of South Florida. (ii) Everglades Agricultural Area Storage Res- (E) MAXIMUM COST OF PROJECTS.—Section 902 (6) STATE.—The term ‘‘State’’ means the State ervoirs—Phase I, at a total cost of $233,408,000, of the Water Resources Development Act of 1986 of Florida. with an estimated Federal cost of $116,704,000 (33 U.S.C. 2280) shall apply to each project fea- (b) COMPREHENSIVE EVERGLADES RESTORATION and an estimated non-Federal cost of ture authorized under this subsection. PLAN.— $116,704,000. (c) ADDITIONAL PROGRAM AUTHORITY.— (1) APPROVAL.— (1) IN GENERAL.—To expedite implementation (A) IN GENERAL.—Except as modified by this (iii) Site 1 Impoundment, at a total cost of of the Plan, the Secretary may implement modi- section, the Plan is approved as a framework for $38,535,000, with an estimated Federal cost of fications to the Central and Southern Florida modifications and operational changes to the $19,267,500 and an estimated non-Federal cost of Project that— Central and Southern Florida Project that are $19,267,500. (A) are described in the Plan; and needed to restore, preserve, and protect the (iv) Water Conservation Areas 3A/3B Levee Seepage Management, at a total cost of (B) will produce a substantial benefit to the South Florida ecosystem while providing for restoration, preservation and protection of the other water-related needs of the region, includ- $100,335,000, with an estimated Federal cost of $50,167,500 and an estimated non-Federal cost of South Florida ecosystem. ing water supply and flood protection. The Plan (2) PROJECT IMPLEMENTATION REPORTS.—Be- shall be implemented to ensure the protection of $50,167,500. (v) C–11 Impoundment and Stormwater Treat- fore implementation of any project feature au- water quality in, the reduction of the loss of ment Area, at a total cost of $124,837,000, with thorized under this subsection, the Secretary fresh water from, and the improvement of the an estimated Federal cost of $62,418,500 and an shall review and approve for the project feature environment of the South Florida ecosystem and estimated non-Federal cost of $62,418,500. a project implementation report prepared in ac- to achieve and maintain the benefits to the nat- (vi) C–9 Impoundment and Stormwater Treat- cordance with subsections (f) and (h). ural system and human environment described ment Area, at a total cost of $89,146,000, with an (3) FUNDING.— in the Plan, and required pursuant to this sec- estimated Federal cost of $44,573,000 and an esti- (A) INDIVIDUAL PROJECT FUNDING.— tion, for as long as the project is authorized. mated non-Federal cost of $44,573,000. (i) FEDERAL COST.—The total Federal cost of (B) INTEGRATION.—In carrying out the Plan, (vii) Taylor Creek/Nubbin Slough Storage and each project carried out under this subsection the Secretary shall integrate the activities de- Treatment Area, at a total cost of $104,027,000, shall not exceed $12,500,000. scribed in subparagraph (A) with ongoing Fed- with an estimated Federal cost of $52,013,500 (ii) OVERALL COST.—The total cost of each eral and State projects and activities in accord- and an estimated non-Federal cost of project carried out under this subsection shall ance with section 528(c) of the Water Resources $52,013,500. not exceed $25,000,000. Development Act of 1996 (110 Stat. 3769). Unless (viii) Raise and Bridge East Portion of (B) AGGREGATE COST.—The total cost of all specifically provided herein, nothing in this sec- Tamiami Trail and Fill Miami Canal within projects carried out under this subsection shall tion shall be construed to modify any existing Water Conservation Area 3, at a total cost of not exceed $206,000,000, with an estimated Fed- cost share or responsibility for projects as listed $26,946,000, with an estimated Federal cost of eral cost of $103,000,000 and an estimated non- in subsection (c) or (e) of section 528 of the $13,473,000 and an estimated non-Federal cost of Federal cost of $103,000,000. Water Resources Development Act of 1996 (110 (d) AUTHORIZATION OF FUTURE PROJECTS.— $13,473,000. (1) IN GENERAL.—Except for a project author- Stat. 3769). (ix) North New River Improvements, at a total (2) SPECIFIC AUTHORIZATIONS.— ized by subsection (b) or (c), any project in- cost of $77,087,000, with an estimated Federal (A) IN GENERAL.— cluded in the Plan shall require a specific au- cost of $38,543,500 and an estimated non-Federal (i) PROJECTS.—The Secretary shall carry out thorization by Congress. cost of $38,543,500. the projects included in the Plan in accordance (2) SUBMISSION OF REPORT.—Before seeking (x) C–111 Spreader Canal, at a total cost of with subparagraphs (B), (C), (D), and (E). congressional authorization for a project under $94,035,000, with an estimated Federal cost of (ii) CONSIDERATIONS.—In carrying out activi- paragraph (1), the Secretary shall submit to $47,017,500 and an estimated non-Federal cost of ties described in the Plan, the Secretary shall— Congress— (I) take into account the protection of water $47,017,500. (A) a description of the project; and quality by considering applicable State water (xi) Adaptive Assessment and Monitoring Pro- (B) a project implementation report for the quality standards; and gram, at a total cost of $100,000,000, with an es- project prepared in accordance with subsections (II) include such features as the Secretary de- timated Federal cost of $50,000,000 and an esti- (f) and (h). termines are necessary to ensure that all ground mated non-Federal cost of $50,000,000. (e) COST SHARING.— water and surface water discharges from any (D) CONDITIONS.— (1) FEDERAL SHARE.—The Federal share of the project feature authorized by this subsection (i) PROJECT IMPLEMENTATION REPORTS.—Be- cost of carrying out a project authorized by sub- will meet all applicable water quality standards fore implementation of a project described in section (b), (c), or (d) shall be 50 percent. and applicable water quality permitting require- any of clauses (i) through (x) of subparagraph (2) NON-FEDERAL RESPONSIBILITIES.—The non- ments. (C), the Secretary shall review and approve for Federal sponsor with respect to a project de- (iii) REVIEW AND COMMENT.—In developing the the project a project implementation report prescribed in subsection (b), (c), or (d), shall be— projects authorized under subparagraph (B), the pared in accordance with subsections (f) and (A) responsible for all land, easements, rights- Secretary shall provide for public review and (h). of-way, and relocations necessary to implement comment in accordance with applicable Federal (ii) SUBMISSION OF REPORT.—The Secretary the Plan; and law. shall submit to the Committee on Transportation (B) afforded credit toward the non-Federal (B) PILOT PROJECTS.—The following pilot and Infrastructure of the House of Representa- share of the cost of carrying out the project in projects are authorized for implementation, after tives and the Committee on Environment and accordance with paragraph (5)(A). review and approval by the Secretary, at a total Public Works of the Senate the project imple- (3) FEDERAL ASSISTANCE.— cost of $69,000,000, with an estimated Federal mentation report required by subsections (f) and (A) IN GENERAL.—The non-Federal sponsor cost of $34,500,000 and an estimated non-Federal (h) for each project under this paragraph (in- with respect to a project authorized by sub- cost of $34,500,000: cluding all relevant data and information on all section (b), (c), or (d) may use Federal funds for (i) Caloosahatchee River (C–43) Basin ASR, at costs). the purchase of any land, easement, rights-of- a total cost of $6,000,000, with an estimated Fed- (iii) FUNDING CONTINGENT ON APPROVAL.—No way, or relocation that is necessary to carry out eral cost of $3,000,000 and an estimated non- appropriation shall be made to construct any the project if any funds so used are credited to- Federal cost of $3,000,000. project under this paragraph if the project im- ward the Federal share of the cost of the (ii) Lake Belt In-Ground Reservoir Tech- plementation report for the project has not been project. nology, at a total cost of $23,000,000, with an es- approved by resolutions adopted by the Com- (B) AGRICULTURE FUNDS.—Funds provided to timated Federal cost of $11,500,000 and an esti- mittee on Transportation and Infrastructure of the non-Federal sponsor under the Conservation mated non-Federal cost of $11,500,000. the House of Representatives and the Committee Restoration and Enhancement Program (CREP) (iii) L–31N Seepage Management, at a total on Environment and Public Works of the Sen- and the Wetlands Reserve Program (WRP) for cost of $10,000,000, with an estimated Federal ate. projects in the Plan shall be credited toward the cost of $5,000,000 and an estimated non-Federal (iv) MODIFIED WATER DELIVERY.—No appro- non-Federal share of the cost of the Plan if the cost of $5,000,000. priation shall be made to construct the Water Secretary of Agriculture certifies that the funds (iv) Wastewater Reuse Technology, at a total Conservation Area 3 Decompartmentalization provided may be used for that purpose. Funds to cost of $30,000,000, with an estimated Federal and Sheetflow Enhancement Project (including be credited do not include funds provided under cost of $15,000,000 and an estimated non-Federal component AA, Additional S–345 Structures; section 390 of the Federal Agriculture Improve- cost of $15,000,000. component QQ Phase 1, Raise and Bridge East ment and Reform Act of 1996 (110 Stat. 1022).

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(4) OPERATION AND MAINTENANCE.—Notwith- any other provision of law to restore, preserve, described in the Plan, and required pursuant to standing section 528(e)(3) of the Water Re- or protect the South Florida ecosystem, the Sec- this section, for as long as the project is author- sources Development Act of 1996 (110 Stat. 3770), retary may determine that— ized. the non-Federal sponsor shall be responsible for (i) the activity is justified by the environ- (2) AGREEMENT.— 50 percent of the cost of operation, maintenance, mental benefits derived by the South Florida (A) IN GENERAL.—In order to ensure that repair, replacement, and rehabilitation activities ecosystem; and water generated by the Plan will be made avail- authorized under this section. Furthermore, the (ii) no further economic justification for the able for the restoration of the natural system, Seminole Tribe of Florida shall be responsible activity is required, if the Secretary determines no appropriations, except for any pilot project for 50 percent of the cost of operation, mainte- that the activity is cost-effective. described in subsection (b)(2)(B), shall be made nance, repair, replacement, and rehabilitation (B) APPLICABILITY.—Subparagraph (A) shall for the construction of a project contained in activities for the Big Cypress Seminole Reserva- not apply to any separable element intended to the Plan until the President and the Governor tion Water Conservation Plan Project. produce benefits that are predominantly unre- enter into a binding agreement under which the (5) CREDIT.— lated to the restoration, preservation, and pro- State shall ensure, by regulation or other appro- (A) IN GENERAL.—Notwithstanding section tection of the natural system. priate means, that water made available by each 528(e)(4) of the Water Resources Development (g) EXCLUSIONS AND LIMITATIONS.—The fol- project in the Plan shall not be permitted for a Act of 1996 (110 Stat. 3770) and regardless of the lowing Plan components are not approved for consumptive use or otherwise made unavailable date of acquisition, the value of lands or inter- implementation: by the State until such time as sufficient res- ests in lands and incidental costs for land ac- (1) WATER INCLUDED IN THE PLAN.— ervations of water for the restoration of the nat- quired by a non-Federal sponsor in accordance (A) IN GENERAL.—Any project that is designed ural system are made under State law in accord- with a project implementation report for any to implement the capture and use of the ap- ance with the project implementation report for project included in the Plan and authorized by proximately 245,000 acre-feet of water described that project and consistent with the Plan. Congress shall be— in section 7.7.2 of the Plan shall not be imple- (B) ENFORCEMENT.— (i) included in the total cost of the project; mented until such time as— (i) IN GENERAL.—Any person or entity that is and (i) the project-specific feasibility study de- aggrieved by a failure of the United States or (ii) credited toward the non-Federal share of scribed in subparagraph (B) on the need for and any other Federal Government instrumentality the cost of the project. physical delivery of the approximately 245,000 or agency, or the Governor or any other officer (B) WORK.—The Secretary may provide credit, acre-feet of water, conducted by the Secretary, of a State instrumentality or agency, to comply including in-kind credit, toward the non-Fed- in cooperation with the non-Federal sponsor, is with any provision of the agreement entered eral share for the reasonable cost of any work completed; into under subparagraph (A) may bring a civil performed in connection with a study, (ii) the project is favorably recommended in a action in United States district court for an in- preconstruction engineering and design, or con- final report of the Chief of Engineers; and junction directing the United States or any struction that is necessary for the implementa- (iii) the project is authorized by Act of Con- other Federal Government instrumentality or tion of the Plan if— gress. agency or the Governor or any other officer of (i)(I) the credit is provided for work completed (B) PROJECT-SPECIFIC FEASIBILITY STUDY.— a State instrumentality or agency, as the case during the period of design, as defined in a de- The project-specific feasibility study referred to may be, to comply with the agreement. sign agreement between the Secretary and the in subparagraph (A) shall include— (ii) LIMITATIONS ON COMMENCEMENT OF CIVIL non-Federal sponsor; or (i) a comprehensive analysis of the structural ACTION.—No civil action may be commenced (II) the credit is provided for work completed facilities proposed to deliver the approximately under clause (i)— during the period of construction, as defined in 245,000 acre-feet of water to the natural system; (I) before the date that is 60 days after the a project cooperation agreement for an author- (ii) an assessment of the requirements to divert Secretary and the Governor receive written no- ized project between the Secretary and the non- and treat the water; tice of a failure to comply with the agreement; Federal sponsor; (iii) an assessment of delivery alternatives; or (ii) the design agreement or the project co- (iv) an assessment of the feasibility of deliv- (II) if the United States has commenced and is operation agreement prescribes the terms and ering the water downstream while maintaining diligently prosecuting an action in a court of conditions of the credit; and current levels of flood protection to affected the United States or a State to redress a failure (iii) the Secretary determines that the work property; and to comply with the agreement. performed by the non-Federal sponsor is inte- (v) any other assessments that are determined (C) TRUST RESPONSIBILITIES.—In carrying out gral to the project. by the Secretary to be necessary to complete the his responsibilities under this subsection with (C) TREATMENT OF CREDIT BETWEEN study. respect to the restoration of the South Florida PROJECTS.—Any credit provided under this (2) WASTEWATER REUSE.— ecosystem, the Secretary of the Interior shall paragraph may be carried over between author- (A) IN GENERAL.—On completion and evalua- fulfill his obligations to the Indian tribes in ized projects in accordance with subparagraph tion of the wastewater reuse pilot project de- South Florida under the Indian trust doctrine (D). scribed in subsection (b)(2)(B)(iv), the Secretary, as well as other applicable legal obligations. (D) PERIODIC MONITORING.— in an appropriately timed 5-year report, shall (3) PROGRAMMATIC REGULATIONS.— (i) IN GENERAL.—To ensure that the contribu- describe the results of the evaluation of ad- (A) ISSUANCE.—Not later than 2 years after tions of the non-Federal sponsor equal 50 per- vanced wastewater reuse in meeting, in a cost- the date of enactment of this Act, the Secretary cent proportionate share for projects in the effective manner, the requirements of restoration shall, after notice and opportunity for public Plan, during each 5-year period, beginning with of the natural system. comment, with the concurrence of the Governor commencement of design of the Plan, the Sec- (B) SUBMISSION.—The Secretary shall submit and the Secretary of the Interior, and in con- retary shall, for each project— to Congress the report described in subpara- sultation with the Seminole Tribe of Florida, the (I) monitor the non-Federal provision of cash, graph (A) before congressional authorization for Miccosukee Tribe of Indians of Florida, the Ad- in-kind services, and land; and advanced wastewater reuse is sought. ministrator of the Environmental Protection (II) manage, to the maximum extent prac- (3) PROJECTS APPROVED WITH LIMITATIONS.— Agency, the Secretary of Commerce, and other ticable, the requirement of the non-Federal The following projects in the Plan are approved Federal, State, and local agencies, promulgate sponsor to provide cash, in-kind services, and for implementation with limitations: programmatic regulations to ensure that the land. (A) LOXAHATCHEE NATIONAL WILDLIFE REF- goals and purposes of the Plan are achieved. (ii) OTHER MONITORING.—The Secretary shall UGE.—The Federal share for land acquisition in (B) CONCURRENCY STATEMENT.—The Secretary conduct monitoring under clause (i) separately the project to enhance existing wetland systems of the Interior and the Governor shall, not later for the preconstruction engineering and design along the Loxahatchee National Wildlife Ref- than 180 days from the end of the public com- phase and the construction phase. uge, including the Stazzulla tract, should be ment period on proposed programmatic regula- (E) AUDITS.—Credit for land (including land funded through the budget of the Department of tions, provide the Secretary with a written value and incidental costs) or work provided the Interior. statement of concurrence or nonconcurrence. A under this subsection shall be subject to audit (B) SOUTHERN CORKSCREW REGIONAL ECO- failure to provide a written statement of concur- by the Secretary. SYSTEM.—The Southern Corkscrew regional eco- rence or nonconcurrence within such time frame (f) EVALUATION OF PROJECTS.— system watershed addition should be accom- will be deemed as meeting the concurrency re- (1) IN GENERAL.—Before implementation of a plished outside the scope of the Plan. quirements of subparagraph (A)(i). A copy of project authorized by subsection (c) or (d) or (h) ASSURANCE OF PROJECT BENEFITS.— any concurrency or nonconcurrency statements any of clauses (i) through (x) of subsection (1) IN GENERAL.—The overarching objective of shall be made a part of the administrative (b)(2)(C), the Secretary, in cooperation with the the Plan is the restoration, preservation, and record and referenced in the final programmatic non-Federal sponsor, shall complete, after no- protection of the South Florida Ecosystem while regulations. Any nonconcurrency statement tice and opportunity for public comment and in providing for other water-related needs of the shall specifically detail the reason or reasons for accordance with subsection (h), a project imple- region, including water supply and flood protec- the nonconcurrence. mentation report for the project. tion. The Plan shall be implemented to ensure (C) CONTENT OF REGULATIONS.— (2) PROJECT JUSTIFICATION.— the protection of water quality in, the reduction (i) IN GENERAL.—Programmatic regulations (A) IN GENERAL.—Notwithstanding section 209 of the loss of fresh water from, the improvement promulgated under this paragraph shall estab- of the Flood Control Act of 1970 (42 U.S.C. 1962– of the environment of the South Florida Eco- lish a process— 2) or any other provision of law, in carrying out system and to achieve and maintain the benefits (I) for the development of project implementa- any activity authorized under this section or to the natural system and human environment tion reports, project cooperation agreements,

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and operating manuals that ensure that the reservation or allocation of water for the nat- (j) INDEPENDENT SCIENTIFIC REVIEW.— goals and objectives of the Plan are achieved; ural system identified in the project implementa- (1) IN GENERAL.—The Secretary, the Secretary (II) to ensure that new information resulting tion report is executed under State law. of the Interior, and the Governor, in consulta- from changed or unforeseen circumstances, new (C) OPERATING MANUALS.— tion with the South Florida Ecosystem Restora- scientific or technical information or informa- (i) IN GENERAL.—The Secretary and the non- tion Task Force, shall establish an independent tion that is developed through the principles of Federal sponsor shall develop and issue, for scientific review panel convened by a body, such adaptive management contained in the Plan, or each project or group of projects, an operating as the National Academy of Sciences, to review future authorized changes to the Plan are inte- manual that is consistent with the water res- the Plan’s progress toward achieving the nat- grated into the implementation of the Plan; and ervation or allocation for the natural system de- ural system restoration goals of the Plan. (III) to ensure the protection of the natural scribed in the project implementation report and (2) REPORT.—The panel described in para- system consistent with the goals and purposes of the project cooperation agreement for the project graph (1) shall produce a biennial report to the Plan, including the establishment of interim or group of projects. Congress, the Secretary, the Secretary of the In- goals to provide a means by which the restora- (ii) MODIFICATIONS.—Any significant modi- terior, and the Governor that includes an as- tion success of the Plan may be evaluated fication by the Secretary and the non-Federal sessment of ecological indicators and other throughout the implementation process. sponsor to an operating manual after the oper- measures of progress in restoring the ecology of (ii) LIMITATION ON APPLICABILITY OF PRO- ating manual is issued shall only be carried out the natural system, based on the Plan. GRAMMATIC REGULATIONS.—Programmatic regu- subject to notice and opportunity for public (k) OUTREACH AND ASSISTANCE.— (1) SMALL BUSINESS CONCERNS OWNED AND OP- lations promulgated under this paragraph shall comment. ERATED BY SOCIALLY AND ECONOMICALLY DIS- expressly prohibit the requirement for concur- (5) SAVINGS CLAUSE.— ADVANTAGED INDIVIDUALS.—In executing the rence by the Secretary of the Interior or the (A) NO ELIMINATION OR TRANSFER.—Until a Plan, the Secretary shall ensure that small busi- Governor on project implementation reports, new source of water supply of comparable quan- ness concerns owned and controlled by socially project cooperation agreements, operating tity and quality as that available on the date of and economically disadvantaged individuals are manuals for individual projects undertaken in enactment of this Act is available to replace the provided opportunities to participate under sec- the Plan, and any other documents relating to water to be lost as a result of implementation of tion 15(g) of the Small Business Act (15 U.S.C. the development, implementation, and manage- the Plan, the Secretary and the non-Federal 644(g)). ment of individual features of the Plan, unless sponsor shall not eliminate or transfer existing legal sources of water, including those for— (2) COMMUNITY OUTREACH AND EDUCATION.— such concurrence is provided for in other Fed- (A) IN GENERAL.—The Secretary shall ensure eral or State laws. (i) an agricultural or urban water supply; (ii) allocation or entitlement to the Seminole that impacts on socially and economically dis- (D) SCHEDULE AND TRANSITION RULE.— Indian Tribe of Florida under section 7 of the advantaged individuals, including individuals (i) IN GENERAL.—All project implementation Seminole Indian Land Claims Settlement Act of with limited English proficiency, and commu- reports approved before the date of promulga- nities are considered during implementation of tion of the programmatic regulations shall be 1987 (25 U.S.C. 1772e); (iii) the Miccosukee Tribe of Indians of Flor- the Plan, and that such individuals have oppor- consistent with the Plan. ida; tunities to review and comment on its implemen- (ii) PREAMBLE.—The preamble of the pro- (iv) water supply for Everglades National tation. grammatic regulations shall include a statement Park; or (B) PROVISION OF OPPORTUNITIES.—The Sec- concerning the consistency with the pro- (v) water supply for fish and wildlife. retary shall ensure, to the maximum extent grammatic regulations of any project implemen- (B) MAINTENANCE OF FLOOD PROTECTION.—Im- practicable, that public outreach and edu- tation reports that were approved before the plementation of the Plan shall not reduce levels cational opportunities are provided, during im- date of promulgation of the regulations. of service for flood protection that are— plementation of the Plan, to the individuals of (E) REVIEW OF PROGRAMMATIC REGULA- (i) in existence on the date of enactment of South Florida, including individuals with lim- TIONS.—Whenever necessary to attain Plan this Act; and ited English proficiency, and in particular for goals and purposes, but not less often than (ii) in accordance with applicable law. socially and economically disadvantaged com- every 5 years, the Secretary, in accordance with (C) NO EFFECT ON TRIBAL COMPACT.—Nothing munities. subparagraph (A), shall review the pro- in this section amends, alters, prevents, or oth- (l) REPORT TO CONGRESS.—Beginning on Octo- grammatic regulations promulgated under this erwise abrogates rights of the Seminole Indian ber 1, 2005, and periodically thereafter until Oc- paragraph. Tribe of Florida under the compact among the tober 1, 2036, the Secretary and the Secretary of (4) PROJECT-SPECIFIC ASSURANCES.— Seminole Tribe of Florida, the State, and the the Interior, in consultation with the Environ- (A) PROJECT IMPLEMENTATION REPORTS.— South Florida Water Management District, de- mental Protection Agency, the Department of (i) IN GENERAL.—The Secretary and the non- fining the scope and use of water rights of the Commerce, and the State of Florida, shall joint- Federal sponsor shall develop project implemen- Seminole Tribe of Florida, as codified by section ly submit to Congress a report on the implementation reports in accordance with section 10.3.1 7 of the Seminole Indian Land Claims Settle- tation of the Plan. Such reports shall be com- of the Plan. ment Act of 1987 (25 U.S.C. 1772e). pleted not less often than every 5 years. Such (ii) COORDINATION.—In developing a project (i) DISPUTE RESOLUTION.— reports shall include a description of planning, implementation report, the Secretary and the (1) IN GENERAL.—The Secretary and the Gov- design, and construction work completed, the non-Federal sponsor shall coordinate with ap- ernor shall within 180 days from the date of en- amount of funds expended during the period propriate Federal, State, tribal, and local gov- actment of this Act develop an agreement for recovered by the report (including a detailed anal- ernments. solving disputes between the Corps of Engineers ysis of the funds expended for adaptive assess- (iii) REQUIREMENTS.—A project implementa- and the State associated with the implementa- ment under subsection (b)(2)(C)(xi)), and the tion report shall— tion of the Plan. Such agreement shall establish work anticipated over the next 5-year period. In (I) be consistent with the Plan and the pro- a mechanism for the timely and efficient resolu- addition, each report shall include— grammatic regulations promulgated under para- tion of disputes, including— (1) the determination of each Secretary, and graph (3); (A) a preference for the resolution of disputes the Administrator of the Environmental Protec- (II) describe how each of the requirements between the Jacksonville District of the Corps of tion Agency, concerning the benefits to the nat- stated in paragraph (3)(B) is satisfied; Engineers and the South Florida Water Man- ural system and the human environment (III) comply with the National Environmental agement District; achieved as of the date of the report and wheth- Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) a mechanism for the Jacksonville District er the completed projects of the Plan are being (IV) identify the appropriate quantity, timing, of the Corps of Engineers or the South Florida operated in a manner that is consistent with the and distribution of water dedicated and man- Water Management District to initiate the dis- requirements of subsection (h); aged for the natural system; pute resolution process for unresolved issues; (2) progress toward interim goals established (V) identify the amount of water to be re- (C) the establishment of appropriate time- in accordance with subsection (h)(3)(B); and served or allocated for the natural system nec- frames and intermediate steps for the elevation (3) a review of the activities performed by the essary to implement, under State law, sub- of disputes to the Governor and the Secretary; Secretary under subsection (k) as they relate to clauses (IV) and (VI); and socially and economically disadvantaged indi- (VI) comply with applicable water quality (D) a mechanism for the final resolution of viduals and individuals with limited English standards and applicable water quality permit- disputes, within 180 days from the date that the proficiency. ting requirements under subsection (b)(2)(A)(ii); dispute resolution process is initiated under sub- (m) REPORT ON AQUIFER STORAGE AND RECOV- (VII) be based on the best available science; paragraph (B). ERY PROJECT.—Not later than 180 days after the and (2) CONDITION FOR REPORT APPROVAL.—The date of enactment of this Act, the Secretary (VIII) include an analysis concerning the Secretary shall not approve a project implemen- shall transmit to Congress a report containing a cost-effectiveness and engineering feasibility of tation report under this section until the agree- determination as to whether the ongoing Bis- the project. ment established under this subsection has been cayne Aquifer Storage and Recovery Program (B) PROJECT COOPERATION AGREEMENTS.— executed. located in Miami-Dade County has a substan- (i) IN GENERAL.—The Secretary and the non- (3) NO EFFECT ON LAW.—Nothing in the agree- tial benefit to the restoration, preservation, and Federal sponsor shall execute project coopera- ment established under this subsection shall protection of the South Florida ecosystem. tion agreements in accordance with section 10 of alter or amend any existing Federal or State (n) FULL DISCLOSURE OF PROPOSED FUND- the Plan. law, or the responsibility of any party to the ING.— (ii) CONDITION.—The Secretary shall not exe- agreement to comply with any Federal or State (1) FUNDING FROM ALL SOURCES.—The Presi- cute a project cooperation agreement until any law. dent, as part of the annual budget of the United

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.073 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11657 States Government, shall display under the (6) not later than August 1, 2002, the Sec- SEC. 703. DEFINITIONS. heading ‘‘Everglades Restoration’’ all proposed retary should submit a report to the appropriate In this title, the following definitions apply: funding for the Plan for all agency programs. committees of Congress on actions taken and (1) PICK-SLOAN PROGRAM.—The term ‘‘Pick- (2) FUNDING FROM CORPS OF ENGINEERS CIVIL make any recommendations for consideration by Sloan program’’ means the Pick-Sloan Missouri WORKS PROGRAM.—The President, as part of the Congress. River Basin Program authorized by section 9 of annual budget of the United States Government, TITLE VII—MISSOURI RIVER the Flood Control Act of December 22, 1944 (58 shall display under the accounts ‘‘Construction, RESTORATION, NORTH DAKOTA Stat. 891). General’’ and ‘‘Operation and Maintenance, SEC. 701. SHORT TITLE. (2) PLAN.—The term ‘‘plan’’ means the plan General’’ of the title ‘‘Department of Defense— for the use of funds made available by this title Civil, Department of the Army, Corps of Engi- This title may be cited as the ‘‘Missouri River Protection and Improvement Act of 2000’’. that is required to be prepared under section neers—Civil’’, the total proposed funding level 705(e). for each account for the Plan and the percent- SEC. 702. FINDINGS AND PURPOSES. (3) STATE.—The term ‘‘State’’ means the State age such level represents of the overall levels in (a) FINDINGS.—Congress finds that— of North Dakota. such accounts. The President shall also include (1) the Missouri River is— an assessment of the impact such funding levels (A) an invaluable economic, environmental, (4) TASK FORCE.—The term ‘‘Task Force’’ for the Plan would have on the budget year and recreational, and cultural resource to the people means the North Dakota Missouri River Task long-term funding levels for the overall Corps of of the United States; and Force established by section 705(a). Engineers civil works program. (B) a critical source of water for drinking and (5) TRUST.—The term ‘‘Trust’’ means the (o) SURPLUS FEDERAL LANDS.—Section irrigation; North Dakota Missouri River Trust established 390(f)(2)(A)(i) of the Federal Agriculture Im- (2) millions of people fish, hunt, and camp by section 704(a). provement and Reform Act of 1996 (110 Stat. along the Missouri River each year; SEC. 704. MISSOURI RIVER TRUST. 1023) is amended by inserting after ‘‘on or after (3) thousands of sites of spiritual importance (a) ESTABLISHMENT.—There is established a the date of enactment of this Act’’ the following: to Native Americans line the shores of the Mis- committee to be known as the North Dakota ‘‘and before the date of enactment of the Water souri River; Missouri River Trust. (4) the Missouri River provides critical wildlife Resources Development Act of 2000’’. (b) MEMBERSHIP.—The Trust shall be com- (p) SEVERABILITY.—If any provision or remedy habitat for threatened and endangered species; posed of 16 members to be appointed by the Sec- provided by this section is found to be unconsti- (5) in 1944, Congress approved the Pick-Sloan retary, including— tutional or unenforceable by any court of com- program— (1) 12 members recommended by the Governor petent jurisdiction, any remaining provisions in (A) to promote the general economic develop- of North Dakota that— this section shall remain valid and enforceable. ment of the United States; (B) to provide for irrigation above Sioux City, (A) represent equally the various interests of SEC. 602. SENSE OF CONGRESS CONCERNING the public; and HOMESTEAD AIR FORCE BASE. Iowa; (a) FINDINGS.—Congress finds that— (C) to protect urban and rural areas from dev- (B) include representatives of— (1) the Everglades is an American treasure astating floods of the Missouri River; and (i) the North Dakota Department of Health; and includes uniquely-important and diverse (D) for other purposes; (ii) the North Dakota Department of Parks wildlife resources and recreational opportuni- (6) the Garrison Dam was constructed on the and Recreation; ties; Missouri River in North Dakota and the Oahe (iii) the North Dakota Department of Game (2) the preservation of the pristine and nat- Dam was constructed in South Dakota under and Fish; ural character of the South Florida ecosystem is the Pick-Sloan program; (iv) the North Dakota State Water Commis- critical to the regional economy; (7) the dams referred to in paragraph (6)— sion; (3) as this legislation demonstrates, Congress (A) generate low-cost electricity for millions of (v) the North Dakota Indian Affairs Commis- believes it to be a vital national mission to re- people in the United States; sion; store and preserve this ecosystem and accord- (B) provide revenue to the Treasury; and (vi) agriculture groups; ingly is authorizing a significant Federal invest- (C) provide flood control that has prevented (vii) environmental or conservation organiza- ment to do so; billions of dollars of damage; tions; (4) Congress seeks to have the remaining prop- (8) the Garrison and Oahe Dams have reduced (viii) the hydroelectric power industry; erty at the former Homestead Air Base conveyed the ability of the Missouri River to carry sedi- (ix) recreation user groups; and reused as expeditiously as possible, and sev- ment downstream, resulting in the accumulation eral options for base reuse are being considered, of sediment in the reservoirs known as Lake (x) local governments; and including as a commercial airport; and Sakakawea and Lake Oahe; (xi) other appropriate interests; (5) Congress is aware that the Homestead site (9) the sediment depositions— (2) 4 members representing each of the 4 In- is located in a sensitive environmental location, (A) cause shoreline flooding; dian tribes in the State of North Dakota. and that Biscayne National Park is only ap- (B) destroy wildlife habitat; SEC. 705. MISSOURI RIVER TASK FORCE. proximately 1.5 miles to the east, Everglades Na- (C) limit recreational opportunities; (a) ESTABLISHMENT.—There is established the tional Park approximately 8 miles to the west, (D) threaten the long-term ability of dams to Missouri River Task Force. and the Florida Keys National Marine Sanc- provide hydropower and flood control under the (b) MEMBERSHIP.—The Task Force shall be tuary approximately 10 miles to the south. Pick-Sloan program; composed of— (b) SENSE OF CONGRESS.—It is the sense of (E) reduce water quality; and (1) the Secretary (or a designee), who shall Congress that— (F) threaten intakes for drinking water and serve as Chairperson; (1) development at the Homestead site could irrigation; and potentially cause significant air, water, and (10) to meet the objectives established by Con- (2) the Secretary of Agriculture (or a des- noise pollution and result in the degradation of gress for the Pick-Sloan program, it is necessary ignee); adjacent national parks and other protected to establish a Missouri River Restoration Pro- (3) the Secretary of Energy (or a designee); Federal resources; gram— (4) the Secretary of the Interior (or a des- (2) in their decisionmaking, the Federal agen- (A) to improve conservation; ignee); and cies charged with determining the reuse of the (B) to reduce the deposition of sediment; and (5) the Trust. remaining property at the Homestead base (C) to take other steps necessary for proper (c) DUTIES.—The Task Force shall— should carefully consider and weigh all avail- management of the Missouri River. (1) meet at least twice each year; able information concerning potential environ- (b) PURPOSES.—The purposes of this title (2) vote on approval of the plan, with ap- mental impacts of various reuse options; are— proval requiring votes in favor of the plan by a (3) the redevelopment of the former base (1) to reduce the siltation of the Missouri majority of the members; should be consistent with restoration goals, pro- River in the State of North Dakota; (3) review projects to meet the goals of the vide desirable numbers of jobs and economic re- (2) to meet the objectives of the Pick-Sloan plan; and development for the community, and be con- program by developing and implementing a (4) recommend to the Secretary critical sistent with other applicable laws; long-term strategy— projects for implementation. (4) consistent with applicable laws, the Sec- (A) to improve conservation in the Missouri (d) ASSESSMENT.— retary of the Air Force should proceed as quick- River watershed; (1) IN GENERAL.—Not later than 18 months ly as practicable to issue a final SEIS and (B) to protect recreation on the Missouri River after the date on which funding authorized Record of Decision so that reuse of the former from sedimentation; air base can proceed expeditiously; (C) to improve water quality in the Missouri under this title becomes available, the Secretary (5) following conveyance of the remaining sur- River; shall transmit to the other members of the Task plus property, the Secretary, as part of his over- (D) to improve erosion control along the Mis- Force a report on— sight for Everglades restoration, should cooper- souri River; and (A) the impact of the siltation of the Missouri ate with the entities to which the various par- (E) to protect Indian and non-Indian histor- River in the State, including the impact on— cels of surplus property were conveyed so that ical and cultural sites along the Missouri River (i) the Federal, State, and regional economies; the planned use of those properties is imple- from erosion; and (ii) recreation; mented in such a manner as to remain con- (3) to meet the objectives described in para- (iii) hydropower generation; sistent with the goals of the Everglades restora- graphs (1) and (2) by developing and financing (iv) fish and wildlife; and tion plan; and new programs in accordance with the plan. (v) flood control;

VerDate 31-OCT-2000 05:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.076 pfrm02 PsN: H31PT1 H11658 CONGRESSIONAL RECORD — HOUSE October 31, 2000

(B) the status of Indian and non-Indian his- preparing the plan may be provided in the form (d) USE OF FUNDS.—Funds transferred to the torical and cultural sites along the Missouri of services, materials, or other in-kind contribu- Trust may be used to pay the non-Federal share River; tions. required under Federal programs. (C) the extent of erosion along the Missouri (3) CRITICAL RESTORATION PROJECTS.— SEC. 707. AUTHORIZATION OF APPROPRIATIONS. River (including tributaries of the Missouri (A) IN GENERAL.—A non-Federal cost share (a) IN GENERAL.—There is authorized to be River) in the State; and shall be required to carry out any project under appropriated to the Secretary to carry out this (D) other issues, as requested by the Task subsection (f) that does not primarily benefit the title $5,000,000 for each of fiscal years 2001 Force. Federal Government, as determined by the Task through 2005. Such sums shall remain available (2) CONSULTATION.—In preparing the report Force. until expended. under paragraph (1), the Secretary shall consult (B) FEDERAL SHARE.—The Federal share of (b) EXISTING PROGRAMS.—The Secretary shall with— the cost of carrying out a project under sub- fund programs authorized under the Pick-Sloan (A) the Secretary of Energy; section (f) for which the Task Force requires a program in existence on the date of enactment (B) the Secretary of the Interior; non-Federal cost share under subparagraph (A) of this Act at levels that are not less than fund- (C) the Secretary of Agriculture; shall be 65 percent, not to exceed $5,000,000 for ing levels for those programs as of that date. (D) the State; and any project. TITLE VIII—WILDLIFE REFUGE (E) Indian tribes in the State. (C) NON-FEDERAL SHARE.— ENHANCEMENT (e) PLAN FOR USE OF FUNDS MADE AVAILABLE (i) IN GENERAL.—Not more than 50 percent of BY THIS TITLE.— the non-Federal share of the cost of carrying SEC. 801. SHORT TITLE. (1) IN GENERAL.—Not later than 3 years after out a project described in subparagraph (B) may This title may be cited as the ‘‘Charles M. the date on which funding authorized under be provided in the form of services, materials, or Russell National Wildlife Refuge Enhancement this title becomes available, the Task Force shall other in-kind contributions. Act of 2000’’. prepare a plan for the use of funds made avail- (ii) REQUIRED NON-FEDERAL CONTRIBUTIONS.— SEC. 802. PURPOSE. able under this title. For any project described in subparagraph (B), The purpose of this title is to direct the Sec- (2) CONTENTS OF PLAN.—The plan shall pro- the non-Federal interest shall— retary, working with the Secretary of the Inte- vide for the manner in which the Task Force (I) provide all land, easements, rights-of-way, rior, to convey cabin sites at Fort Peck Lake, shall develop and recommend critical restoration dredged material disposal areas, and reloca- Montana, and to acquire land with greater projects to promote— tions; wildlife and other public value for the Charles (A) conservation practices in the Missouri (II) pay all operation, maintenance, replace- M. Russell National Wildlife Refuge, to— River watershed; ment, repair, and rehabilitation costs; and (1) better achieve the wildlife conservation (B) the general control and removal of sedi- (III) hold the United States harmless from all purposes for which the Refuge was established; ment from the Missouri River; claims arising from the construction, operation, (2) protect additional fish and wildlife habitat (C) the protection of recreation on the Mis- and maintenance of the project. in and adjacent to the Refuge; souri River from sedimentation; (iii) CREDIT.—The Secretary shall credit the (3) enhance public opportunities for hunting, (D) the protection of Indian and non-Indian non-Federal interest for all contributions pro- fishing, and other wildlife-dependent activities; historical and cultural sites along the Missouri vided under clause (ii)(I). (4) improve management of the Refuge; and River from erosion; SEC. 706. ADMINISTRATION. (5) reduce Federal expenditures associated (E) erosion control along the Missouri River; with the administration of cabin site leases. or (a) IN GENERAL.—Nothing in this title dimin- (F) any combination of the activities described ishes or affects— SEC. 803. DEFINITIONS. in subparagraphs (A) through (E). (1) any water right of an Indian tribe; In this title, the following definitions apply: SSOCIATION (3) PLAN REVIEW AND REVISION.— (2) any other right of an Indian tribe, except (1) A .—The term ‘‘Association’’ (A) IN GENERAL.—The Task Force shall make as specifically provided in another provision of means the Fort Peck Lake Association. a copy of the plan available for public review this title; (2) CABIN SITE.— and comment before the plan becomes final in (3) any treaty right that is in effect on the (A) IN GENERAL.—The term ‘‘cabin site’’ accordance with procedures established by the date of enactment of this Act; means a parcel of property within the Fort Task Force. (4) any external boundary of an Indian res- Peck, Hell Creek, Pines, or Rock Creek Cabin (B) REVISION OF PLAN.— ervation of an Indian tribe; Areas that is— (i) IN GENERAL.—The Task Force may, on an (5) any authority of the State that relates to (i) managed by the Corps of Engineers; annual basis, revise the plan. the protection, regulation, or management of (ii) located in or near the eastern portion of (ii) PUBLIC REVIEW AND COMMENT.—In revis- fish, terrestrial wildlife, and cultural and ar- Fort Peck Lake, Montana; and ing the plan, the Task Force shall provide the chaeological resources, except as specifically (iii) leased for single family use or occupancy. public the opportunity to review and comment provided in this title; or (B) INCLUSIONS.—The term ‘‘cabin site’’ in- on any proposed revision to the plan. (6) any authority of the Secretary, the Sec- cludes all right, title, and interest of the United (f) CRITICAL RESTORATION PROJECTS.— retary of the Interior, or the head of any other States in and to the property, including— (1) IN GENERAL.—After the plan is approved Federal agency under a law in effect on the (i) any permanent easement that is necessary by the Task Force under subsection (c)(2), the date of enactment of this Act, including— to provide vehicular and utility access to the Secretary, in coordination with the Task Force, (A) the National Historic Preservation Act (16 cabin site; shall identify critical restoration projects to U.S.C. 470 et seq.); (ii) the right to reconstruct, operate, and carry out the plan. (B) the Archaeological Resources Protection maintain an easement described in clause (i); (2) AGREEMENT.—The Secretary may carry out Act of 1979 (16 U.S.C. 470aa et seq.); and a critical restoration project after entering into (C) the Fish and Wildlife Coordination Act (16 (iii) any adjacent parcel of land that the Sec- an agreement with an appropriate non-Federal U.S.C. 661 et seq.); retary determines should be conveyed under sec- interest in accordance with section 221 of the (D) the Act entitled ‘‘An Act for the protection tion 804(c)(1). Flood Control Act of 1970 (42 U.S.C. 1962d–5b) of the bald eagle’’, approved June 8, 1940 (16 (3) CABIN SITE AREA.— and this section. U.S.C. 668 et seq.); (A) IN GENERAL.—The term ‘‘cabin site area’’ (3) INDIAN PROJECTS.—To the maximum extent (E) the Migratory Bird Treaty Act (16 U.S.C. means a portion of the Fort Peck, Hell Creek, practicable, the Secretary shall ensure that not 703 et seq.); Pines, or Rock Creek Cabin Areas referred to in less than 30 percent of the funds made available (F) the Endangered Species Act of 1973 (16 paragraph (2) that is occupied by 1 or more for critical restoration projects under this title U.S.C. 1531 et seq.); cabin sites. shall be used exclusively for projects that are— (G) the Native American Graves Protection (B) INCLUSION.—The term ‘‘cabin site area’’ (A) within the boundary of an Indian reserva- and Repatriation Act (25 U.S.C. 3001 et seq.); includes such immediately adjacent land, if any, tion; or (H) the Federal Water Pollution Control Act as is needed for the cabin site area to exist as a (B) administered by an Indian tribe. (33 U.S.C. 1251 et seq.); generally contiguous parcel of land and for (g) COST SHARING.— (I) the Safe Drinking Water Act (42 U.S.C. each cabin site in the cabin site area to meet the (1) ASSESSMENT.— 300f et seq.); and requirements of section 804(e)(1), as determined (A) FEDERAL SHARE.—The Federal share of (J) the National Environmental Policy Act of by the Secretary, with the concurrence of the the cost of carrying out the assessment under 1969 (42 U.S.C. 4321 et seq.). Secretary of the Interior. subsection (d) shall be 75 percent. (b) FEDERAL LIABILITY FOR DAMAGE.—Noth- (4) LAND.—The term ‘‘land’’ means land or an (B) NON-FEDERAL SHARE.—The non-Federal ing in this title relieves the Federal Government interest in land. share of the cost of carrying out the assessment of liability for damage to private property (5) LESSEE.—The term ‘‘lessee’’ means a per- may be provided in the form of services, mate- caused by the operation of the Pick-Sloan pro- son that is leasing a cabin site. rials, or other in-kind contributions. gram. (6) REFUGE.—The term ‘‘Refuge’’ means the (2) PLAN.— (c) FLOOD CONTROL.—Notwithstanding any Charles M. Russell National Wildlife Refuge in (A) FEDERAL SHARE.—The Federal share of other provision of this title, the Secretary shall the State of Montana. the cost of preparing the plan shall be 75 per- retain the authority to operate the Pick-Sloan SEC. 804. CONVEYANCE OF CABIN SITES. cent. program for the purposes of meeting the require- (a) IN GENERAL.— (B) NON-FEDERAL SHARE.—Not more than 50 ments of the Flood Control Act of December 22, (1) PROHIBITION.—As soon as practicable after percent of the non-Federal share of the cost of 1944 (33 U.S.C. 701–1 et seq.; 58 Stat. 887). the date of enactment of this Act, the Secretary

VerDate 31-OCT-2000 04:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.078 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11659 and the Secretary of the Interior shall prohibit (A) comply with the Act of May 18, 1938 (16 (A) includes such easements and deed restric- the issuance of new cabin site leases within the U.S.C. 833 et seq.); tions as are determined, under subsection (c), to Refuge, except as is necessary to consolidate (B) comply with any other laws (including be necessary; and with, or substitute for, an existing cabin site regulations); (B) makes the easements and deed restrictions lease under paragraph (2). (C) ensure the maintenance of existing and binding on all subsequent purchasers of the (2) DETERMINATION; NOTICE.—Not later than 1 adequate public access to and along Fort Peck cabin site. year after the date of enactment of this Act, and Lake; (2) RESERVATION OF RIGHTS.—The Secretary before proceeding with any exchange under this (D) limit future uses of the cabin site to— may reserve the perpetual right, power, privi- title, the Secretary shall— (i) noncommercial, single-family use; and lege, and easement to permanently overflow, (A)(i) with the concurrence of the Secretary of (ii) the type and intensity of use of the cabin flood, submerge, saturate, percolate, or erode a the Interior, determine individual cabin sites site as of the date of enactment of this Act; and cabin site (or any portion of a cabin site) that that are not suitable for conveyance to a lessee (E) maintain the values of the Refuge; and the Secretary determines is necessary in the op- because the cabin sites are isolated so that con- (6) conduct an appraisal of each cabin site eration of the Fort Peck Dam. veyance of 1 or more of the cabin sites would (including any expansion of the cabin site under (i) NO CONVEYANCE OF UNSUITABLE CABIN create an inholding that would impair manage- paragraph (1)) that— SITES.—A cabin site that is determined to be un- ment of the Refuge; and (A) is carried out in accordance with the Uni- suitable for conveyance under subsection (ii) with the concurrence of the Secretary of form Appraisal Standards for Federal Land Ac- (a)(2)(A) shall not be conveyed by the Secretary the Interior and the lessee, determine individual quisition; or the Secretary of the Interior under this sec- cabin sites that are not suitable for conveyance (B) excludes the value of any private improve- tion. to a lessee for any other reason that adversely ment to the cabin site; and (j) IDENTIFICATION OF LAND FOR EXCHANGE.— impacts the future habitability of the cabin (C) takes into consideration— (1) IN GENERAL.—As soon as practicable after sites; and (i) any easement or deed restriction deter- the date of enactment of this Act, the Secretary (B) provide written notice to each lessee that mined to be necessary under paragraph (5) and of the Interior shall identify land that may be specifies any requirements concerning the form subsection (h); and acquired that meets the purposes of this title of a notice of interest in acquiring a cabin site (ii) the definition of ‘‘cabin site’’ under sec- specified in paragraphs (1) through (4) of sec- that the lessee may submit under subsection tion 803(2). tion 802 and for which 1 or more willing sellers (b)(1) and an estimate of the portion of adminis- (d) CONSULTATION AND PUBLIC INVOLVE- exist. trative costs that would be required to be reim- MENT.—The Secretary shall— (2) APPRAISAL.—On a request by a willing bursed to the Secretary under section 808(b), (1) carry out subsections (b) and (c) in con- seller, the Secretary of the Interior shall ap- to— sultation with— praise the land identified under paragraph (1). (A) affected lessees; (i) determine whether the lessee is interested (3) ACQUISITION.—If the Secretary of the Inte- (B) affected counties in the State of Montana; in acquiring the cabin site area of the lessee; rior determines that the acquisition of the land and and would meet the purposes of this title specified in (C) the Association; and (ii) inform each lessee of the rights of the les- paragraphs (1) through (4) of section 802, the (2) hold public hearings, and provide all inter- see under this title. Secretary of the Interior shall cooperate with ested parties with notice and an opportunity to (3) OFFER OF COMPARABLE CABIN SITE.—If the the willing seller to facilitate the acquisition of comment, on the activities carried out under this Secretary determines that a cabin site is not the land in accordance with section 807. section. suitable for conveyance to a lessee under para- (4) PUBLIC PARTICIPATION.—The Secretary of (e) CONVEYANCE.—Subject to subsections (h) graph (2)(A), the Secretary, in consultation with the Interior shall hold public hearings, and pro- and (i) and section 808(b), the Secretary or, if the Secretary of the Interior, shall offer to the vide all interested parties with notice and an necessary, the Secretary of the Interior shall lessee the opportunity to acquire a comparable opportunity to comment, on the activities car- convey a cabin site by individual patent or deed cabin site within the same cabin site area. ried out under this section. (b) RESPONSE.— to the lessee under this title— (1) if the cabin site complies with Federal, SEC. 805. RIGHTS OF NONPARTICIPATING LES- (1) NOTICE OF INTEREST.— SEES. (A) IN GENERAL.—Not later than July 1, 2003, State, and county septic and water quality laws (a) CONTINUATION OF LEASE.— a lessee shall notify the Secretary in writing of (including regulations); (1) IN GENERAL.—A lessee that does not pro- an interest in acquiring the cabin site of the les- (2) if the lessee complies with other require- vide the Secretary with an offer to acquire the see. ments of this section; and cabin site of the lessee under section 804 (includ- (B) FORM.—The notice under this paragraph (3) after receipt of the payment from the lessee ing a lessee who declines an offer of a com- shall be submitted in such form as is required by for the cabin site of an amount equal to the sum parable cabin site under section 804(a)(3)) may the Secretary under subsection (a)(2)(B). of— (2) UNPURCHASED CABIN SITES.—If the Sec- (A) the appraised fair market value of the elect to continue to lease the cabin site for the retary receives no notice of interest or offer to cabin site as determined in accordance with sub- remainder of the current term of the lease, purchase a cabin site from the lessee under section (c)(6); and which, except as provided in paragraph (2), paragraph (1) or the lessee declines an oppor- (B) the administrative costs required to be re- shall not be renewed or otherwise extended. tunity to purchase a comparable cabin site imbursed under section 808. (2) EXPIRATION BEFORE 2010.—If the current under subsection (a)(3), the cabin site shall be (f) VEHICULAR ACCESS.— term of a lessee described in paragraph (1) ex- subject to sections 805 and 806. (1) IN GENERAL.—Nothing in this title author- pires or is scheduled to expire before 2010, the (c) PROCESS.—After providing notice to a les- izes any addition to or improvement of vehicular Secretary shall offer to extend or renew the see under subsection (a)(2)(B), the Secretary, access to a cabin site. lease through 2010. with the concurrence of the Secretary of the In- (2) CONSTRUCTION.—The Secretary and the (b) IMPROVEMENTS.—Any improvements and terior, shall— Secretary of the Interior— personal property of the lessee that are not re- (1) determine whether any small parcel of (A) shall not construct any road for the sole moved from the cabin site before the termination land adjacent to any cabin site (not including purpose of providing access to land conveyed of the lease shall be considered property of the shoreline or land needed to provide public access under this section; and United States in accordance with the provisions to the shoreline of Fort Peck Lake) should be (B) shall be under no obligation to service or of the lease. conveyed as part of the cabin site to— maintain any existing road used primarily for (c) OPTION TO PURCHASE.—Subject to sub- (A) protect water quality; access to that land (or to a cabin site). sections (d) and (e) and section 808(b), if at any (B) eliminate an inholding; or (3) OFFER TO CONVEY.—The Secretary, with time before termination of the lease, a lessee de- (C) facilitate administration of the land re- the concurrence of the Secretary of the Interior, scribed in subsection (a)(1)— maining in Federal ownership; may offer to convey to the State of Montana, (1) notifies the Secretary of the intent of the (2) if the Secretary and the Secretary of the any political subdivision of the State of Mon- lessee to purchase the cabin site of the lessee; Interior determine that a conveyance should be tana, or the Association, any road determined and completed under paragraph (1), provide notice by the Secretary to primarily service the land (2) pays for an updated appraisal of the cabin of the intent of the Secretary to complete the conveyed under this section. site in accordance with section 804(c)(6); conveyance to the lessee of each affected cabin (g) UTILITIES AND INFRASTRUCTURE.— the Secretary or, if necessary, the Secretary of site; (1) IN GENERAL.—The purchaser of a cabin site the Interior shall convey the cabin site to the (3) survey each cabin site to determine the shall be responsible for acquiring or securing the lessee, by individual patent or deed, on receipt acreage and legal description of the cabin site use of all utilities and infrastructure necessary of payment from the lessee for the cabin site of area, including land identified under paragraph to support the cabin site. an amount equal to the sum of the appraised (1); (2) NO FEDERAL ASSISTANCE.—The Secretary fair market value of the cabin site, as deter- (4) take such actions as are necessary to en- and the Secretary of the Interior shall not pro- mined by the updated appraisal, and the admin- sure compliance with all applicable environ- vide any utilities or infrastructure to the cabin istrative costs required to be reimbursed under mental laws; site. section 808. (5) prepare permanent easements or deed re- (h) EASEMENTS AND DEED RESTRICTIONS.— (d) EASEMENTS AND DEED RESTRICTIONS.—Be- strictions to be enforceable by the Secretary of (1) IN GENERAL.—Before conveying any cabin fore conveying any cabin site under subsection the Interior or an acceptable third party, to be site under subsection (e), the Secretary, with the (c), the Secretary, with the concurrence of the placed on a cabin site before conveyance out of concurrence of the Secretary of the Interior, Secretary of the Interior, shall ensure that the Federal ownership in order to— shall ensure that the deed of conveyance— deed of conveyance—

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.080 pfrm02 PsN: H31PT1 H11660 CONGRESSIONAL RECORD — HOUSE October 31, 2000 (1) includes such easements and deed restric- (C) on acquisition by the Secretary of the In- (5) in 1944, Congress approved the Pick-Sloan tions as are determined, under section 804(c), to terior, would be accessible to the general public program— be necessary; and for use in conducting activities consistent with (A) to promote the general economic develop- (2) makes the easements and deed restrictions approved uses of the Refuge. ment of the United States; binding on all subsequent purchasers of the (b) LIMITATIONS.— (B) to provide for irrigation above Sioux City, cabin site. (1) IN GENERAL.—To the extent practicable, Iowa; (e) NO CONVEYANCE OF UNSUITABLE CABIN acquisitions under this title shall be of land (C) to protect urban and rural areas from dev- SITES.—A cabin site that is determined to be un- within the Refuge. astating floods of the Missouri River; and suitable for conveyance under subsection (2) NO EFFECT ON ACQUISITION.—Nothing in (D) for other purposes; 804(a)(2)(A) shall not be conveyed by the Sec- this subsection limits the ability of the Secretary (6) the Oahe, Big Bend, Fort Randall, and retary or the Secretary of the Interior under this of the Interior to acquire land adjacent to the Gavins Point Dams were constructed on the section. Refuge from a willing seller in cases in which Missouri River in South Dakota under the Pick- (f) REPORT.—Not later than July 1, 2003, the the Secretary of the Interior also acquires land Sloan program; Secretary shall submit to Congress a report within the Refuge from the same willing seller. (7) the dams referred to in paragraph (6)— that— SEC. 808. ADMINISTRATIVE COSTS. (A) generate low-cost electricity for millions of (1) describes progress made in implementing (a) IN GENERAL.—Except as provided in sub- people in the United States; this title; and section (b), the Secretary shall pay all adminis- (B) provide revenue to the Treasury; and (2) identifies cabin owners that have filed a trative costs incurred in carrying out this title. (C) provide flood control that has prevented notice of interest under section 804(b) and have (b) REIMBURSEMENT.—As a condition of the billions of dollars of damage; declined an opportunity to acquire a comparable conveyance of any cabin site area under this (8) the Oahe, Big Bend, Fort Randall, and cabin site under section 804(a)(3). title, the Secretary or the Secretary of the Inte- Gavins Point Dams have reduced the ability of SEC. 806. CONVEYANCE TO THIRD PARTIES. rior— the Missouri River to carry sediment down- (a) CONVEYANCES TO THIRD PARTIES.—As soon (1) may require the party to whom the prop- stream, resulting in the accumulation of sedi- as practicable after the expiration or surrender erty is conveyed to reimburse the Secretary or ment in the reservoirs known as Lake Oahe, of a lease, the Secretary, with the concurrence the Secretary of the Interior for a reasonable Lake Sharpe, Lake Francis Case, and Lewis and of the Secretary of the Interior, may offer for portion, as determined by the Secretary or the Clark Lake; sale, by public auction, written invitation, or Secretary of the Interior, of the direct adminis- (9) the sediment depositions— other competitive sales procedure, and at the trative costs (including survey costs) incurred in (A) cause shoreline flooding; fair market value of the cabin site determined carrying out conveyance activities under this (B) destroy wildlife habitat; under section 804(c)(6), any cabin site that— title, taking into consideration any cost savings (C) limit recreational opportunities; (1) is not conveyed to a lessee under this title; achieved as a result of the party’s agreeing to (D) threaten the long-term ability of dams to and purchase its cabin site as part of a single trans- provide hydropower and flood control under the (2) has not been determined to be unsuitable action for the conveyance of multiple cabin Pick-Sloan program; for conveyance under section 804(a)(2)(A). sites; and (E) reduce water quality; and (b) EASEMENTS AND DEED RESTRICTIONS.—Be- (2) shall require the party to whom the prop- (F) threaten intakes for drinking water and fore conveying any cabin site under subsection erty is conveyed to reimburse the Association for irrigation; and (a), the Secretary, with the concurrence of the a proportionate share of the costs (including in- (10) to meet the objectives established by Con- Secretary of the Interior, shall ensure that the terest) incurred by the Association in carrying gress for the Pick-Sloan program, it is necessary deed of conveyance— out transactions under this title. to establish a Missouri River Restoration Pro- (1) includes such easements and deed restric- gram— SEC. 809. REVOCATION OF WITHDRAWALS. tions as are determined, under section 804(c), to (A) to improve conservation; be necessary; and (a) IN GENERAL.—Upon execution of any pat- (B) to reduce the deposition of sediment; and (2) makes the easements and deed restrictions ent or deed, by the Secretary or the Secretary of (C) to take other steps necessary for proper binding on all subsequent purchasers of the the Interior, conveying land as specifically au- management of the Missouri River. thorized by this title, any public land with- cabin site. (b) PURPOSES.—The purposes of this title (c) MANAGEMENT OF REMAINING LAND WITHIN drawal affecting the land described in the con- are— CABIN SITE AREAS.— veyance document as being conveyed shall be (1) to reduce the siltation of the Missouri (1) MANAGEMENT BY THE SECRETARY.—All revoked with respect to that land. River in the State of South Dakota; land within the outer boundaries of a cabin site (b) EXCLUSIONS.—Nothing in this section af- (2) to meet the objectives of the Pick-Sloan area that is not conveyed under this Act shall fects— program by developing and implementing a be managed by the Secretary, in consultation (1) the status of any public land withdrawal long-term strategy— with the Secretary of the Interior, in substan- on land retained by the Secretary or the Sec- (A) to improve conservation in the Missouri tially the same manner as that land is managed retary of the Interior; River watershed; (2) the boundary of the Refuge as established on the date of enactment of this Act and con- (B) to protect recreation on the Missouri River by Executive Order No. 7509 (December 11, 1936); sistent with the purposes for which the Refuge from sedimentation; or was established. (C) to improve water quality in the Missouri (2) CONSTRUCTION AND DEVELOPMENT.—The (3) enforcement of any right retained by the River; Secretary shall not initiate or authorize any de- United States. (D) to improve erosion control along the Mis- velopment or construction on land under para- (c) REINSTATEMENT.—If, at any time after the souri River; and graph (1) except with the concurrence of the date of enactment of this Act, the Secretary or (E) to protect Indian and non-Indian histor- Secretary of the Interior. the Secretary of the Interior reacquires land ical and cultural sites along the Missouri River conveyed under this title, any public land with- SEC. 807. USE OF PROCEEDS. from erosion; and drawal revoked under this section shall be rein- (a) PROCEEDS.—All payments for the convey- (3) to meet the objectives described in para- stated with respect to the reacquired land. ance of cabin sites under this title, except costs graphs (1) and (2) by developing and financing reimbursed to the Secretary under section SEC. 810. AUTHORIZATION OF APPROPRIATIONS. new programs in accordance with the plan. 808(b)— There are authorized to be appropriated such SEC. 903. DEFINITIONS. (1) shall be deposited in a special fund within sums as are necessary to carry out this title. the Montana Fish and Wildlife Conservation In this title, the following definitions apply: TITLE IX—MISSOURI RIVER (1) PICK-SLOAN PROGRAM.—The term ‘‘Pick- Trust established under section 1007 of division RESTORATION, SOUTH DAKOTA C of the Omnibus Consolidated and Emergency Sloan program’’ means the Pick-Sloan Missouri Supplemental Appropriations Act, 1999 (112 SEC. 901. SHORT TITLE. River Basin Program authorized by section 9 of Stat. 2681–715) (as amended by title IV of H.R. This title may be cited as the ‘‘Missouri River the Flood Control Act of December 22, 1944 (58 3425 of the 106th Congress, as enacted by section Restoration Act of 2000’’. Stat. 891). 1000(a)(5) of Public Law 106–113 (113 Stat. 1536, SEC. 902. FINDINGS AND PURPOSES. (2) PLAN.—The term ‘‘plan’’ means the plan 1501A–307); and (a) FINDINGS.—Congress finds that— for the use of funds made available by this title (2) notwithstanding title X of division C of the (1) the Missouri River is— that is required to be prepared under section Omnibus Consolidated and Emergency Supple- (A) an invaluable economic, environmental, 905(e). mental Appropriations Act, 1999 (112 Stat. 2681– recreational, and cultural resource to the people (3) STATE.—The term ‘‘State’’ means the State 710), shall be available for use by the Secretary of the United States; and of South Dakota. of the Interior, acting through the Director of (B) a critical source of water for drinking and (4) TASK FORCE.—The term ‘‘Task Force’’ the United States Fish and Wildlife Service in irrigation; means the Missouri River Task Force estab- the Director’s sole discretion and without fur- (2) millions of people fish, hunt, and camp lished by section 905(a). ther Act of appropriation, solely for the acquisi- along the Missouri River each year; (5) TRUST.—The term ‘‘Trust’’ means the Mis- tion from willing sellers of property that— (3) thousands of sites of spiritual importance souri River Trust established by section 904(a). (A) is within or adjacent to the Refuge; to Native Americans line the shores of the Mis- SEC. 904. MISSOURI RIVER TRUST. (B) would be suitable to carry out the pur- souri River; (a) ESTABLISHMENT.—There is established a poses of this title specified in paragraphs (1) (4) the Missouri River provides critical wildlife committee to be known as the Missouri River through (4) of section 802; and habitat for threatened and endangered species; Trust.

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A31OC7.082 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11661

(b) MEMBERSHIP.—The Trust shall be com- (A) conservation practices in the Missouri (II) pay all operation, maintenance, replace- posed of 25 members to be appointed by the Sec- River watershed; ment, repair, and rehabilitation costs; and retary, including— (B) the general control and removal of sedi- (III) hold the United States harmless from all (1) 15 members recommended by the Governor ment from the Missouri River; claims arising from the construction, operation, of South Dakota that— (C) the protection of recreation on the Mis- and maintenance of the project. (A) represent equally the various interests of souri River from sedimentation; (iii) CREDIT.—The Secretary shall credit the the public; and (D) the protection of Indian and non-Indian non-Federal interest for all contributions pro- (B) include representatives of— historical and cultural sites along the Missouri vided under clause (ii)(I). (i) the South Dakota Department of Environ- River from erosion; SEC. 906. ADMINISTRATION. ment and Natural Resources; (E) erosion control along the Missouri River; (a) IN GENERAL.—Nothing in this title dimin- (ii) the South Dakota Department of Game, or ishes or affects— Fish, and Parks; (F) any combination of the activities described (1) any water right of an Indian tribe; (iii) environmental groups; in subparagraphs (A) through (E). (2) any other right of an Indian tribe, except (iv) the hydroelectric power industry; (3) PLAN REVIEW AND REVISION.— as specifically provided in another provision of (v) local governments; (A) IN GENERAL.—The Task Force shall make this title; (vi) recreation user groups; a copy of the plan available for public review (3) any treaty right that is in effect on the (vii) agricultural groups; and and comment before the plan becomes final, in date of enactment of this Act; (viii) other appropriate interests; accordance with procedures established by the (4) any external boundary of an Indian res- (2) 9 members, 1 of each of whom shall be rec- Task Force. ervation of an Indian tribe; ommended by each of the 9 Indian tribes in the (B) REVISION OF PLAN.— (5) any authority of the State that relates to State of South Dakota; and (i) IN GENERAL.—The Task Force may, on an the protection, regulation, or management of (3) 1 member recommended by the organiza- annual basis, revise the plan. fish, terrestrial wildlife, and cultural and ar- tion known as the ‘‘Three Affiliated Tribes of (ii) PUBLIC REVIEW AND COMMENT.—In revis- chaeological resources, except as specifically North Dakota’’ (composed of the Mandan, ing the plan, the Task Force shall provide the provided in this title; or (6) any authority of the Secretary, the Sec- Hidatsa, and Arikara tribes). public the opportunity to review and comment on any proposed revision to the plan. retary of the Interior, or the head of any other SEC. 905. MISSOURI RIVER TASK FORCE. (f) CRITICAL RESTORATION PROJECTS.— Federal agency under a law in effect on the (a) ESTABLISHMENT.—There is established the (1) IN GENERAL.—After the plan is approved date of enactment of this Act, including— Missouri River Task Force. by the Task Force under subsection (c)(2), the (A) the National Historic Preservation Act (16 (b) MEMBERSHIP.—The Task Force shall be Secretary, in coordination with the Task Force, U.S.C. 470 et seq.); composed of— shall identify critical restoration projects to (B) the Archaeological Resources Protection (1) the Secretary (or a designee), who shall carry out the plan. Act of 1979 (16 U.S.C. 470aa et seq.); serve as Chairperson; (2) AGREEMENT.—The Secretary may carry out (C) the Fish and Wildlife Coordination Act (16 (2) the Secretary of Agriculture (or a des- a critical restoration project after entering into U.S.C. 661 et seq.); ignee); an agreement with an appropriate non-Federal (D) the Act entitled ‘‘An Act for the protection (3) the Secretary of Energy (or a designee); interest in accordance with section 221 of the of the bald eagle’’, approved June 8, 1940 (16 (4) the Secretary of the Interior (or a des- Flood Control Act of 1970 (42 U.S.C. 1962d–5b) U.S.C. 668 et seq.); ignee); and and this section. (E) the Migratory Bird Treaty Act (16 U.S.C. (5) the Trust. 703 et seq.); (3) INDIAN PROJECTS.—To the maximum extent (F) the Endangered Species Act of 1973 (16 (c) DUTIES.—The Task Force shall— practicable, the Secretary shall ensure that not U.S.C. 1531 et seq.); (1) meet at least twice each year; less than 30 percent of the funds made available (G) the Native American Graves Protection (2) vote on approval of the plan, with ap- for critical restoration projects under this title proval requiring votes in favor of the plan by a and Repatriation Act (25 U.S.C. 3001 et seq.); shall be used exclusively for projects that are— (H) the Federal Water Pollution Control Act majority of the members; (A) within the boundary of an Indian reserva- (3) review projects to meet the goals of the (33 U.S.C. 1251 et seq.); tion; or (I) the Safe Drinking Water Act (42 U.S.C. plan; and (B) administered by an Indian tribe. (4) recommend to the Secretary critical 300f et seq.); and (g) COST SHARING.— (J) the National Environmental Policy Act of projects for implementation. (1) ASSESSMENT.— (d) ASSESSMENT.— 1969 (42 U.S.C. 4321 et seq.). (A) FEDERAL SHARE.—The Federal share of EDERAL IABILITY FOR AMAGE (1) IN GENERAL.—Not later than 18 months (b) F L D .—Noth- the cost of carrying out the assessment under ing in this title relieves the Federal Government after the date on which funding authorized subsection (d) shall be 75 percent. under this title becomes available, the Secretary of liability for damage to private property (B) NON-FEDERAL SHARE.—The non-Federal caused by the operation of the Pick-Sloan pro- shall submit to the other members of the Task share of the cost of carrying out the assessment Force a report on— gram. may be provided in the form of services, mate- (c) FLOOD CONTROL.—Notwithstanding any (A) the impact of the siltation of the Missouri rials, or other in-kind contributions. other provision of this title, the Secretary shall River in the State, including the impact on— (2) PLAN.— retain the authority to operate the Pick-Sloan (i) the Federal, State, and regional economies; (A) FEDERAL SHARE.—The Federal share of program for the purposes of meeting the require- (ii) recreation; the cost of preparing the plan under subsection ments of the Flood Control Act of December 22, (iii) hydropower generation; (e) shall be 75 percent. 1944 (33 U.S.C. 701–1 et seq.; 58 Stat. 887). (iv) fish and wildlife; and (B) NON-FEDERAL SHARE.—Not more than 50 (d) USE OF FUNDS.—Funds transferred to the (v) flood control; percent of the non-Federal share of the cost of Trust may be used to pay the non-Federal share (B) the status of Indian and non-Indian his- preparing the plan may be provided in the form required under Federal programs. torical and cultural sites along the Missouri of services, materials, or other in-kind contribu- SEC. 907. AUTHORIZATION OF APPROPRIATIONS. River; tions. (a) IN GENERAL.—There is authorized to be (C) the extent of erosion along the Missouri (3) CRITICAL RESTORATION PROJECTS.— appropriated to the Secretary to carry out this River (including tributaries of the Missouri (A) IN GENERAL.—A non-Federal cost share title $10,000,000 for each of fiscal years 2001 River) in the State; and shall be required to carry out any critical res- through 2005. Such sums shall remain available (D) other issues, as requested by the Task toration project under subsection (f) that does until expended. Force. not primarily benefit the Federal Government, (b) EXISTING PROGRAMS.—The Secretary shall (2) CONSULTATION.—In preparing the report as determined by the Task Force. fund programs authorized under the Pick-Sloan under paragraph (1), the Secretary shall consult (B) FEDERAL SHARE.—The Federal share of program in existence on the date of enactment with— the cost of carrying out a project under sub- of this Act at levels that are not less than fund- (A) the Secretary of Energy; section (f) for which the Task Force requires a (B) the Secretary of the Interior; ing levels for those programs as of that date. non-Federal cost share under subparagraph (A) And the House agree to the same. (C) the Secretary of Agriculture; shall be 65 percent, not to exceed $5,000,000 for BUD SHUSTER, (D) the State; and any critical restoration project. DON YOUNG, (E) Indian tribes in the State. (C) NON-FEDERAL SHARE.— SHERWOOD BOEHLERT, (e) PLAN FOR USE OF FUNDS MADE AVAILABLE (i) IN GENERAL.—Not more than 50 percent of CLAY SHAW, BY THIS TITLE.— the non-Federal share of the cost of carrying JIM OBERSTAR, (1) IN GENERAL.—Not later than 3 years after out a project described in subparagraph (B) may BOB BORSKI, the date on which funding authorized under be provided in the form of services, materials, or ROBERT MENENDEZ, this title becomes available, the Task Force shall other in-kind contributions. Managers on the Part of the House. prepare a plan for the use of funds made avail- (ii) REQUIRED NON-FEDERAL CONTRIBUTIONS.— able under this title. For any project described in subparagraph (B), BOB SMITH, (2) CONTENTS OF PLAN.—The plan shall pro- the non-Federal interest shall— JOHN WARNER, vide for the manner in which the Task Force (I) provide all land, easements, rights-of-way, MAX BAUCUS, shall develop and recommend critical restoration dredged material disposal areas, and reloca- BOB GRAHAM, projects to promote— tions; Managers on the Part of the Senate.

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.084 pfrm02 PsN: H31PT1 H11662 CONGRESSIONAL RECORD — HOUSE October 31, 2000 JOINT EXPLANATORY STATEMENT OF 101(b)(9) Upper Newport Bay, California. 102(a)(7) East-West Creek, Riverton, Illi- THE COMMITTEE OF CONFERENCE House § 101(b)(8), Senate § 101(b)(10).—Same. nois. House § 102(a)(6). No comparable Senate The Managers on the part of the House and 101(b)(10) Whitewater River Basin, Cali- section.—Senate recedes. Senate at the conference on the disagreeing fornia. House § 101(b)(9), Senate § 101(b)(11).— 102(a)(8) Prairie Du Pont, Illinois. House votes of the two Houses on the amendment Same. § 102(a)(7). No comparable Senate section.— of the House to the bill (S. 2796), to provide 101(b)(11) Delaware Coast from Cape Hen- Senate recedes. for the conservation and development of lopen to Fenwick Island. House § 101(b)(10), 102(a)(9) Monroe County, Illinois. House water and related resources, to authorize the Senate § 101(b)(12).—House recedes. § 102(a)(8). No comparable Senate section.— Secretary of the Army to construct various 101(b)(12) Port Sutton, Florida. House Senate recedes. 102(a)(10) Willow Creek, Meredosia, Illinois. projects for improvements to rivers and har- § 101(b)(11), Senate § 101(b)(13).—Senate re- House § 102(a)(9). No comparable Senate sec- bors of the United States, and for other pur- cedes, with an amendment. tion.—Senate recedes. poses, submit the following joint statement 101(b)(13) Barbers Point Harbor, Hawaii. House § 101(b)(12). No comparable Senate sec- 102(a)(11) Dykes Branch Channel, Leawood, to the House and Senate in explanation of Kansas. House § 102(a)(10). No comparable the effect of the action agreed upon by the tion.—Senate recedes. 101(b)(14) John Myers Lock and Dam, Indi- Senate section.—Senate recedes. managers and recommended in the accom- 102(a)(12) Dykes Branch Tributaries, ana and Kentucky. House § 101(b)(13), Senate panying conference report: Leawood, Kansas. House § 102(a)(11). No com- § 101(b)(14).—House recedes, with an amend- The House amendment struck all of the parable Senate section.—Senate recedes. ment. Senate bill after the enacting clause and in- 102(a)(13) Kentucky River, Frankfort, Ken- 101(b)(15) Greenup Lock and Dam, Ken- serted a substitute text. tucky. House § 102(a)(12). No comparable Sen- tucky and Ohio. House § 101(b)(14), Senate The Senate recedes from its disagreement ate section.—Senate recedes. to the amendment of the House with an § 101(b)(15).—House recedes. 102(a)(14) Bayou Tete L’Ours, Louisiana. amendment that is a substitute for the Sen- 101(b)(16) Ohio River Mainstem, Kentucky, Senate § 106(2). No comparable House sec- ate bill and the House amendment. The dif- Illinois, Indiana, Ohio, Pennsylvania, and tion.—House recedes. ferences among the Senate bill, the House West Virginia. House § 101(b)(15), Senate 102(a)(15) Bossier City, Louisiana. Senate amendment, and the substitute agreed to in § 101(b)(21).—House recedes, with an amend- § 106(3). No comparable House section.— conference are noted below, except for cler- ment. House recedes. ical corrections, conforming changes made 101(b)(17) Morganza, Louisiana. Senate 102(a)(16) Bossier Parish, Louisiana. Senate necessary by agreements reached by the § 101(b)(16). No comparable House section.— § 105(5). No comparable House section.— Managers, and minor drafting and clerical House recedes. House recedes. changes. 101(b)(18) Monarch-Chesterfield, Missouri. 102(a)(17) Braithwaite Park, Louisiana. House § 101(b)(16), Senate § 101(b)(17).—Senate Senate § 106(4). No comparable House sec- TITLE I—WATER RESOURCES PROJECTS recedes, with an amendment. tion.—House recedes. SECTION 101. PROJECT AUTHORIZATIONS 101(b)(19) Antelope Creek, Lincoln, Ne- 102(a)(18) Crown Point, Louisiana. Senate 101(a) Projects with Chief’s Reports braska. House § 101(b)(17). No comparable § 106(6). No comparable House section.— 101(a)(1) Barnegat Inlet to Little Egg Inlet, Senate section.—Senate recedes. House recedes. New Jersey. House § 101(a)(1), Senate 101(b)(20) Sand Creek Watershed, Wahoo, 102(a)(19) Donaldsonville Canals, Lou- § 101(a)(1).—House recedes. Nebraska. House § 101(b)(18). No comparable isiana. Senate § 106(7). No comparable House 101(a)(2) Port of New York and New Jersey, Senate section.—Senate recedes. section.—House recedes. New York and New Jersey. House § 101(a)(2), 101(b)(21) Western Sarpy and Clear Creek, 102(a)(20) Goose Bayou, Louisiana. Senate Senate § 101(a)(2).—House recedes, with an Nebraska. House § 101(b)(19). No comparable § 106(8). No comparable House section.— amendment. Senate section.—Senate recedes. House recedes. This provision allows the Secretary to pro- 101(b)(22) Raritan Bay and Sandy Hook 102(a)(21) Gumby Dam, Louisiana. Senate vide credit for cash or in-kind services and Bay, Cliffwood Beach, New Jersey. House § 106(9). No comparable House section.— materials provided by the local sponsor of § 101(b)(20). No comparable Senate section.— House recedes. 102(a)(22) Hope Canal, Louisiana. Senate the navigation project, as well as better- Senate recedes, with an amendment. § 106(10). No comparable House section.— ments or other work done prior to the execu- 101(b)(23) Raritan Bay and Sandy Hook House recedes. tion of the project cooperation agreement, to Bay, Port Monmouth, New Jersey. House § 101(b)(21), Senate § 101(b)(18).—House re- 102(a)(23) Jean Lafitte, Louisiana. Senate expedite the project and reduce overall § 106(11). No comparable House section.— project costs. Nothing in this section limits cedes, with an amendment. 101(b)(24) Dare County Beaches, North House Recedes. the availability of credit provided by the 102(a)(24) Lakes Maurepas and Pont- Carolina. House § 101(b)(22). No comparable Secretary to the local sponsor of the project chartrain Canals, St. John the Baptist Par- Senate section.—Senate recedes, with an under section 204 of the Water Resources De- ish, Louisiana. House § 102(a)(13). No com- amendment. velopment Act of 1986. Such credit would be parable Senate section.—Senate recedes. applied to the non-Federal share of the 101(b)(25) Wolf River, Tennessee. House In conducting the study for this flood dam- project cost. § 101(b)(23), Senate § 101(b)(19).—Senate re- age reduction project, the Managers expect 101(b) Projects subject to report cedes, with an amendment. that the Secretary will consider improve- 101(b)(26) Duwamish/Green, Washington. The conference report includes project au- ments to Hope, DuPont, Bourgeois, Belpoint, House § 101(b)(24). No comparable Senate sec- Dufresne, Guillot, Godchaux Canals. thorizations for which the Chief of Engineers tion.—Senate recedes, with an amendment. has not yet completed a final report, but for 102(a)(25) Lockport to Larose, Louisiana. 101(b)(27) Stillagumaish River Basin, Wash- Senate § 106(12). No comparable House sec- which such reports are anticipated by De- ington. House § 101(b)(25). No comparable cember 31, 2000. These projects have been in- tion.—House recedes. Senate section.—Senate recedes. 102(a)(26) Lower Lafitte Basin, Louisiana. cluded in order to assure that projects an- 101(b)(28) Jackson Hole, Wyoming. House Senate § 106(13). No comparable House sec- ticipated to satisfy the necessary technical § 101(b)(26), Senate § 101(b)(20).—House re- tion.—House recedes. documentation by December 31, 2000 are not cedes. 102(a)(27) Oakville to Lareussite, Lou- delayed in each case that the final favorable SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE isiana. Senate § 106(14). No comparable House reports can be completed by the end of 2000. REDUCTION section.—House recedes. 101(b)(1) False Pass Harbor, Alaska. House 102(a)(28) Pailet Basin, Louisiana. Senate 102(a)(1) Buffalo Island, Arkansas. House § 101(b)(1), Senate § 101(b)(1).—House recedes, § 106(15). No comparable House section.— § 102(a)(1). No comparable Senate section.— with an amendment. House recedes. Senate recedes. 101(b)(2) Unalaska Harbor, Alaska. House 102(a)(29) Pochitolawa Creek, Louisiana. 102(a)(2) Anaverde Creek, Palmdale, Cali- § 101(b)(2), Senate § 101(b)(2).—House recedes, Senate § 106(16). No comparable House sec- fornia. House § 102(a)(2). No comparable Sen- with an amendment. tion.—House recedes. 101(b)(3) Rio De Flag, Flagstaff, Arizona. ate section.—Senate recedes. 102(a)(30) Rosethorn Basin, Louisiana. Sen- House § 101(b)(3), Senate § 101(b)(3).—Same. 102(a)(3) Castaic Creek, Old Road Bridge, ate § 106(17). No comparable House section.— 101(b)(4) Tres Rios, Arizona. House Santa Clarita, California. House § 102(a)(3). House recedes. § 101(b)(4), Senate § 101(b)(4).—Same. No comparable Senate section.—Senate re- 102(a)(31) Shreveport, Louisiana. Senate 101(b)(5) Los Angeles Harbor, California. cedes. § 106(18). No comparable House section.— House § 101(b)(5), Senate § 101(b)(5).—Same. 102(a)(4) Santa Clara River, Old Road House recedes. 101(b)(6) Murrieta Creek, California. House Bridge, Santa Clarita, California. House 102(a)(32) Stephensville, Louisiana. Senate § 101(b)(6), Senate § 101(b)(6).—House recedes, § 102(a)(4). No comparable Senate section.— § 106(19). No comparable House section.— with an amendment. Senate recedes. House recedes. 101(b)(7) Pine Flat Dam, California. Senate 102(a)(5) Weiser River, Idaho. Senate 102(2)(33) St. John the Baptist Parish, Lou- § 101(b)(7). No comparable House section.— § 106(1). No comparable House section.— isiana. Senate § 106(20), House § 425.—House House recedes. House recedes. recedes. 101(b)(8) Santa Barbara Streams, Lower 102(a)(6) Columbia Levee, Columbia, Illi- 102(a)(34) Magby Creek and Vernon Branch, Mission Creek, California. House § 101(b)(7), nois. House § 102(a)(5). No comparable Senate Mississippi. Senate § 106(21). No comparable Senate § 101(b)(9).—Same. section.—Senate recedes. House section.—House recedes.

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.088 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11663 102(a)(35) Pennsville Township, Salem 104(8) Saxon Harbor, Francis, Wisconsin. 106(a)(18) Mines Falls Park, New Hamp- County, New Jersey. House § 102(a)(14). No House § 104(6). No comparable Senate sec- shire. Senate § 109(a)(10). No comparable comparable Senate section.—Senate recedes. tion.—Senate recedes. House section.—House recedes. 102(a)(36) Hempstead, New York. House SEC. 105. SMALL PROJECTS FOR IMPROVEMENT 106(a)(19) North Hampton, New Hampshire. § 102(a)(15). No comparable Senate section.— OF THE QUALITY OF THE ENVIRONMENT Senate § 109(a)(11). No comparable House sec- Senate recedes. 105(1) Nahant Marsh, Davenport, Iowa. tion.—House recedes. 102(a)(37) Highland Brook, Highland Falls, 106(a)(20) Cazenovia Lake, Madison County, House § 105. No comparable Senate section.— New York. House § 102(a)(16). No comparable New York. House § 106(9). No comparable Senate recedes. Senate section.—Senate recedes. 105(2) Bayou Sauvage National Wildlife Senate section.—Senate recedes. 102(a)(38) Lafayette Township, Ohio. House 106(a)(21) Chenango Lake, Chenango Coun- Refuge, Louisiana. Senate § 107(1). No com- § 102(a)(17). No comparable Senate section.— ty, New York. House § 106(10). No comparable parable House section.—House recedes. Senate recedes. 105(3) Gulf Intracoastal Waterway, Bayou Senate section.—Senate recedes. 102(a)(39) West Lafayette, Ohio. House 106(a)(22) Eagle Lake, New York. House Plaquemine, Louisiana. Senate § 107(2). No § 102(a)(18). No comparable Senate section.— § 106(11). No comparable Senate section.— comparable House section.—House recedes. Senate recedes. 105(4) Gulf Intracoastal Waterway, Miles Senate recedes. 102(a)(40) Bear Creek and Tributaries, Med- 220 to 225.5, Louisiana. Senate § 107(3). No 106(a)(23) Ossining, New York. House ford, Oregon. House § 102(a)(19). No com- comparable House section.—House recedes. § 106(12). No comparable Senate section.— parable Senate section.—Senate recedes. 105(5) Gulf Intracoastal Waterway, Weeks Senate recedes. 102(a)(41) Delaware Canal and Brock Creek, Bay, Louisiana. Senate § 107(4). No com- 106(a)(24) Saratoga Lake, New York. House Yardley Borough, Pennsylvania. House parable House section.—House recedes. § 106(13). No comparable Senate section.— § 102(a)(20). No comparable Senate section.— 105(6) Lake Fausse Point, Louisiana. Sen- Senate recedes. Senate recedes. ate § 107(5). No comparable House section.— 106(a)(25) Schroon Lake, New York. House 102(a)(42) Fritz Landing, Tennessee. Senate House recedes. § 106(14). No comparable Senate section.— § 106(22). No comparable House section.— 105(7) Lake Providence, Louisiana. Senate Senate recedes. House recedes. § 107(6). No comparable House section.— 106(a)(26) Highland County, Ohio. Senate 102(a)(43) First Creek, Fountain City, House recedes. § 109(a)(12). No comparable House section.— Knoxville, Tennessee. House § 102(a)(21). No 105(8) New River, Louisiana. Senate § 107(7). House recedes. comparable Senate section.—Senate recedes. No comparable House section.—House re- 106(a)(27) Hocking County, Ohio. Senate 102(a)(44) Mississippi River, Ridgely, Ten- cedes. § 109(a)(13). No comparable House section.— nessee. House § 102(22). No comparable Senate 105(9) Erie County, Ohio. Senate § 107(8). No House recedes. section.—Senate recedes. comparable House section.—House recedes. 106(a)(28) Middle Cuyahoga River, Kent, 102(b) MAGPIE CREEK, SACRAMENTO 105(10) Muskingum County, Ohio. Senate Ohio. House § 106(15). No comparable Senate COUNTY, CALIFORNIA. House § 102(b). No § 107(9). No comparable House section.— section.—Senate recedes. comparable Senate section.—Senate recedes, House recedes. 106(a)(29) Tuscarawas County, Ohio. Senate with an amendment. § 109(a)(14). No comparable House section.— SEC. 106. SMALL PROJECTS FOR AQUATIC SEC. 103. SMALL PROJECTS FOR EMERGENCY House recedes. ECOSYSTEM RESTORATION STREAMBANK PROTECTION 106(a)(30) Delta Ponds, Oregon. Senate 106(a)(1) Arkansas River, Pueblo, Colorado. 103(1) Maumee River, Fort Wayne, Indiana. § 109(a)(16). No comparable House section.— House § 106(1). No comparable Senate sec- House § 103(1). No comparable Senate sec- House recedes. tion.—Senate recedes. 106(a)(31) Central Amazon Creek, Eugene, tion.—Senate recedes. 106(a)(2) Hayden Diversion Project, Yampa 103(2) Bayou De Glaises, Louisiana. Senate Oregon. House § 106(16), Senate § 109(a)(15).— River, Colorado. House § 106(2). No com- § 105(1). No comparable House section.— Same. parable Senate section.—Senate recedes. 106(a)(32) Eugene Millrace, Eugene, Oregon. House recedes. 106(a)(3) Little Econlockhatchee River 103(3) Bayou Plaquemine, Louisiana. Sen- House § 106(17), Senate § 109(a)(17).—Same. Basin, Florida. House § 106(3). No comparable ate § 105(2). No comparable House section.— 106(a)(33) Bear Creek Watershed, Medford, Senate section.—Senate recedes. Oregon. Senate § 109(a)(18). No comparable House recedes. 106(a)(4) Loxahatchee Slough, Palm Beach 103(4) Bayou Sorrell, Iberville Parish, Lou- House section.—House recedes. County, Florida. House § 106(4). No com- isiana. House § 103(2). No comparable Senate 106(a)(34) Lone Pine and Lazy Creeks, Med- parable Senate section.—Senate recedes. ford, Oregon. House § 106(18). No comparable section.—Senate recedes. 106(a)(5) Stevenson Creek Estuary, Florida. 103(5) Hammond, Louisiana. Senate § 105(3). Senate section.—Senate recedes. House § 106(5). No comparable Senate sec- No comparable House section.—House re- 106(a)(35) Roslyn Lake, Oregon. Senate tion.—Senate recedes. § 109(a)(19). No comparable House section.— cedes. 106(a)(6) Chouteau Island, Madison County, 103(6) Iberville Parish, Louisiana. Senate House recedes. Illinois. House § 106(6). No comparable Senate § 105(4). No comparable House section.— 106(a)(36) Tullytown Borough, Pennsyl- section.—Senate recedes. vania. House § 106(19). No comparable Senate House recedes. 106(a)(7) Braud Bayou, Louisiana. Senate 103(7) Lake Arthur, Louisiana. Senate section.—Senate recedes. § 109(a)(1). No comparable House section.— § 105(5). No comparable House section.— 106(b) Salmon River, Idaho. Senate § 106(b). House recedes. No comparable House section.—House re- House recedes. 106(a)(8) Buras Marina, Louisiana. Senate 103(8) Lake Charles, Louisiana. Senate cedes. § 109(a)(2). No comparable House section.— § 105(6). No comparable House section.— House recedes. SEC. 107. SMALL PROJECTS FOR SHORELINE House recedes. 106(a)(9) Comite River, Louisiana. Senate PROTECTION 103(9) Loggy Bayou, Louisiana. Senate § 109(a)(3). No comparable House section.— 107(1) Lake Palourde, Louisiana. Senate § 105(7). No comparable House section.— House recedes. § 102(1). No comparable House section.— House recedes. 106(a)(10) Department of Energy 21-Inch House recedes. 103(10) Scotlandville Bluff, Louisiana. Sen- Pipeline Canal, Louisiana. Senate § 109(a)(4). 107(2) St. Bernard, Louisiana. Senate ate § 105(8). No comparable House section.— No comparable House section.—House re- § 102(2). No comparable House section.— House recedes. cedes. House recedes. SEC. 104. SMALL PROJECTS FOR NAVIGATION 106(a)(11) Lake Borgne, Louisiana. Senate 107(3) Hudson River, Dutchess County, New 104(1) Whittier, Alaska. House § 104(1). No § 109(a)(5). No comparable House section.— York. House § 107. No comparable Senate sec- comparable Senate section.—Senate recedes. House recedes. tion.—Senate recedes. 104(2) Cape Coral, Florida. House § 104(2), 106(a)(12) Lake Martin, Louisiana. Senate SEC. 108. SMALL PROJECTS FOR SNAGGING AND Senate § 103(1).—Same. § 109(a)(6). No comparable House section.— SEDIMENT REMOVAL 104(3) Houma Navigation, Louisiana. Sen- House recedes. 108(1) Sangamon River and Tributaries, ate § 103(2). No comparable House section.— 106(a)(13) Luling, Louisiana. Senate Riverton, Illinois. House § 108. No comparable House recedes. § 109(a)(7). No comparable House section.— Senate section.—Senate recedes. 104(4) Vidalia Port, Louisiana. Senate House recedes. 108(2) Bayou Manchac, Louisiana. Senate § 103(3). No comparable House section.— 106(a)(14) Mandeville, Louisiana. Senate § 104(1). No comparable House section.— House recedes. § 109(a)(8). No comparable House section.— House recedes, with an amendment. 104(5) East Two Rivers, Tower, Minnesota. House recedes. 108(3) Black Bayou and Hippolyte Coulee, House § 104(3). No comparable Senate sec- 106(a)(15) St. James, Louisiana. Senate Louisiana. Senate § 104(2). No comparable tion.—Senate recedes. § 109(a)(9). No comparable House section.— House section.—House recedes, with an 104(6) Erie Basin Marina, Buffalo, New House recedes. amendment. York. House § 104(4). No comparable Senate 106(a)(16) Saginaw Bay, Bay City, Michi- section.—Senate recedes. gan. House § 106(7). No comparable Senate SEC. 109. SMALL PROJECT FOR MITIGATION OF 104(7) Lake Michigan, Lakeshore State section.—Senate recedes. SHORE DAMAGE Park, Milwaukee, Wisconsin. House § 104(5). 106(a)(17) Rainwater Basin, Nebraska. 109. Puget Island, Columbia River. House No comparable Senate section.—Senate re- House § 106(8). No comparable Senate sec- § 344. No comparable Senate section.—Senate cedes. tion.—Senate recedes. recedes, with an amendment.

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SEC. 110. BENEFICIAL USES OF DREDGED SEC. 217. REHABILITATION OF FEDERAL FLOOD that is excess to Corps project purposes can MATERIAL CONTROL LEVEES be put to beneficial use. Therefore, the Man- 110 (1) Houma Navigation Canal, Louisiana. House § 204. No comparable Senate sec- agers have provided in this section that in Senate § 108(1). No comparable House section.—Senate recedes. such cases, the Secretary may limit the administrative costs. tion.—House recedes. SEC. 218. MAXIMUM PROGRAM EXPENDITURES 110 (2) Mississippi River Gulf Outlet, Mile In carrying out this section the Managers FOR SMALL FLOOD CONTROL PROJECTS -3 to Mile -9, Louisiana. Senate § 108(2). No believe the Secretary should give priority comparable House section.—House recedes. House § 222. No comparable Senate sec- consideration for a limitation on the admin- 110(3) Mississippi River Gulf Outlet, Mile 11 tion.—Senate recedes. istrative costs to Summerfield Cemetery As- to Mile 4, Louisiana. Senate § 108(3). No com- SEC. 219. ENGINEERING CONSULTING SERVICES sociation, Wister, Oklahoma for a convey- parable House section.—House recedes. House § 211. No comparable Senate sec- ance at Wister Lake, to the Choctaw County 110(4) Plaquemines Parish, Louisiana. Sen- tion.—Senate recedes. Industrial Authority, Hugo, Oklahoma for a ate § 108(4). No comparable House section.— The Managers recognize that there exist a conveyance at Lake Hugo, and to recipients House recedes. potential for a conflict of interest where the of the conveyance at Candy Lake, Oklahoma. 110(5) St. Louis County, Minnesota. House Secretary and the non-Federal sponsor of a Also, the Managers find that the economic § 528. No comparable Senate section.—Senate project each hire the same person for engi- trends in southeastern Oklahoma related to recedes, with an amendment. neering and consulting services during a fea- unemployment and per capita income are 110(6) Ottawa County, Ohio. Senate § 108(5). sibility study. Therefore the Managers en- not conducive to local economic develop- No comparable House section.—House re- courage the Secretary to take appropriate ment, and efforts to improve the manage- cedes. action to ensure that the Secretary and the ment of water in the region would have a SEC. 111. DISPOSAL OF DREDGED MATERIAL ON non-Federal sponsor of a project do not em- positive influence on the local economy, help BEACHES ploy the same person for engineering and reverse these trends, and improve the lives of House § 557, Senate § 111.—House recedes, consulting services unless there is only one local residents. The Managers believe that with an amendment. qualified and responsive bidder for such serv- State of Oklahoma and the Choctaw Nation, SEC. 112. PETALUMA RIVER, PETALUMA, ices. Oklahoma, should establish a State-tribal commission composed equally of representa- CALIFORNIA SEC. 220. BEACH RECREATION tives of such Nations and residents of the House § 109, Senate § 304.—Senate recedes, House § 212. No comparable Senate sec- with an amendment. water basins within the boundaries of such tion.—Senate recedes, with an amendment. Nations for the purpose of administering and TITLE II—GENERAL PROVISIONS SEC. 221. DESIGN-BUILD CONTRACTING distributing from the sale of water any bene- SEC. 201. COOPERATION AGREEMENTS WITH House § 214. No comparable Senate sec- fits and net revenues to the tribes and local COUNTIES tion.—Senate recedes, with an amendment. entities within the respective basins; any Senate § 201. No comparable House sec- The Managers have included this section sale of water to entities outside the basins tion.—House recedes, with an amendment. that will test the design-build method of should be consistent with the procedures and SEC. 202. WATERSHED AND RIVER BASIN project delivery on various civil works requirements established by the commission; ASSESSMENTS projects of the Corps of Engineers. In car- and if requested, the Secretary should pro- House § 402, Senate § 202.—House recedes, rying out this section, the Managers expect vide assistance, as appropriate, to facilitate with an amendment. that the Corps will employ the two-phase de- the efforts of the commission. Such a com- SEC. 203. TRIBAL PARTNERSHIP PROGRAM sign-build selection procedures enacted by mission focusing on the Kiamichi River Basin and other basins within the Choctaw House § 206, Senate § 203.—House recedes, Congress in the Federal Acquisition Reform and Chickasaw Nations would allow all enti- with an amendment. Act (FARA) of 1996 (110 Stat. 642). SEC. 222. ENHANCED PUBLIC PARTICIPATION ties (State of Oklahoma, Choctaw and Chick- SEC. 204. ABILITY TO PAY asaw Nations, and residents of local basin(s)) House § 208, Senate § 204.—House recedes, House § 216. No comparable Senate sec- to work cooperatively to see that the bene- with an amendment. tion.—Senate recedes. fits and revenues being generated from the SEC. 205. PROPERTY PROTECTION PROGRAM SEC. 223. MONITORING sale/use of water to entities outside the re- Senate § 205, House § 210.—House recedes. House § 217. No comparable Senate sec- spective basins are distributed in an agree- SEC. 206. NATIONAL RECREATION RESERVATION tion.—Senate recedes. able manner. SERVICE SEC. 224. FISH AND WILDLIFE MITIGATION SEC. 227. FLOOD MITIGATION AND RIVERINE Senate § 206, House § 577.—House recedes. House § 219. No comparable Senate sec- RESTORATION SEC. 207. INTERAGENCY AND INTERNATIONAL tion.—Senate recedes, with an amendment. House § 205, Senate § 110.—Senate recedes, SUPPORT AUTHORITY SEC. 225. FEASIBILITY STUDIES AND PLANNING, with an amendment. House § 209, Senate § 208.—Senate recedes. ENGINEERING, AND DESIGN TITLE III—PROJECT RELATED PROVISIONS SEC. 208. REBURIAL AND CONVEYANCE House § 223. No comparable Senate sec- SEC. 301. TENNESSEE-TOMBIGBEE WATERWAY AUTHORITY tion.—Senate recedes. WILDLIFE MITIGATION PROJECT, ALABAMA House § 207, Senate § 209.—House recedes. The Managers recognize the difficulties AND MISSISSIPPI SEC. 209. FLOODPLAIN MANAGEMENT some non-Federal partners may have in ful- Senate § 301. No comparable House sec- REQUIREMENTS filling their financial obligation related to tion.—House recedes. Senate § 212. No comparable House sec- the cost sharing of feasibility studies. The SEC. 302. NOGALES WASH AND TRIBUTARIES, tion.—House recedes, with an amendment. non-Federal share is 50 percent. This section NOGALES, ARIZONA gives non-Federal sponsors the option of pro- SEC. 210. NONPROFIT ENTITIES House § 301. No comparable Senate sec- viding up to 100 percent of their share of the tion.—Senate recedes. Senate § 213, House § 203.—Senate recedes, feasibility study cost through in-kind con- SEC. 303. BOYDSVILLE, ARKANSAS with an amendment. tributions which could be services, mate- SEC. 211. PERFORMANCE OF SPECIALIZED OR rials, supplies, or other in-kind contributions Senate § 302. No comparable House sec- TECHNICAL SERVICES necessary to prepare the feasibility report. tion.—House recedes. SEC. 304. WHITE RIVER BASIN, ARKANSAS AND Senate § 215, House § 213.—House recedes. SEC. 226. ADMINISTRATIVE COSTS OF LAND MISSOURI SEC. 212. HYDROELECTRIC POWER PROJECT CONVEYANCES Senate § 303. No comparable House sec- FUNDING House § 224. No comparable Senate section.—House recedes. Senate § 216. No comparable House section.—Senate recedes, with an amendment. tion.—House recedes, with an amendment. When the Corps is given authority to con- SEC. 305. SACRAMENTO DEEP WATER SHIP SEC. 213. ASSISTANCE PROGRAMS vey land to non-federal governmental, non- CHANNEL, CALIFORNIA Senate § 217. No comparable House sec- profit, or not-for-profit entities, the adminis- House § 308. No comparable Senate section.—House recedes. trative costs of the transfer, to include real tion.—Senate recedes, with an amendment. SEC. 214. FUNDING TO PROCESS PERMITS estate transaction and environmental com- SEC. 306. DELAWARE RIVER MAINSTEM AND Senate § 218. No comparable House sec- pliance costs, are generally the responsi- CHANNEL DEEPENING, DELAWARE, NEW JER- tion.—House recedes, with an amendment. bility of the entity receiving the property. SEY, AND PENNSYLVANIA The Managers are aware of a few instances SEC. 215. DREDGED MATERIAL MARKETING AND House § 221. No comparable Senate sec- where the imposition of these administrative tion.—Senate recedes, with an amendment. RECYCLING costs poses a hardship to entities in eco- SEC. 307. REHOBOTH BEACH AND DEWEY BEACH, House § 573, Senate § 219.—House recedes, nomically deprived areas. It is apparent in DELAWARE with an amendment. some cases that the administrative cost as- SEC. 216. NATIONAL ACADEMY OF SCIENCES sociated with these transfers exceeds the House § 355. No comparable Senate sec- STUDY value of the land. The Managers believe that tion.—Senate recedes. Senate § 220. No comparable House sec- this requirement to pay administrative costs SEC. 308. FERNANDINA HARBOR, FLORIDA tion.—House recedes. should not be a precluding factor when land House § 312, Senate § 410.—Senate recedes.

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.090 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11665

SEC. 309. GASPARILLA AND ESTERO ISLANDS, SEC. 335. SAN ANTONIO CHANNEL, SAN ANTONIO, ernment and better service to mariners navi- FLORIDA TEXAS gating the bayou. The Managers have in- Senate § 305. No comparable House sec- House § 339, Senate § 436.—Senate recedes. serted language that requires the parish to tion.—House recedes. SEC. 336. BUCHANAN AND DICKENSON COUNTIES, operate, maintain, repair, replace and reha- SEC. 310. EAST SAINT LOUIS AND VICINITY, VIRGINIA bilitate the lock in accordance with regulations prescribed by the Secretary that are ILLINOIS House § 340. No comparable Senate sec- consistent with the project’s authorized pur- House § 314. No comparable Senate section.—Senate recedes. tion.—Senate recedes. poses. If the parish fails to comply with SEC. 337. BUCHANAN, DICKENSON, AND RUSSELL these conditions, the Secretary may reclaim SEC. 311. KASKASKIA RIVER, KASKASKIA, COUNTIES, VIRGINIA possession of the land and improvements or ILLINOIS House § 341. No comparable Senate sec- may make the necessary repairs and require House § 315. No comparable Senate section.—Senate recedes, with an amendment. payment from the parish. tion.—Senate recedes. SEC. 338. SANDBRIDGE BEACH, VIRGINIA BEACH, 348(f) Ontonagon, Michigan. House § 585(c), SEC. 312. WAUKEGAN HARBOR, ILLINOIS VIRGINIA Senate § 504.—House recedes. House § 316. No comparable Senate sec- House § 342. No comparable Senate sec- 348(g) Pike County, Missouri. House tion.—Senate recedes. tion.—Senate recedes. § 585(d), Senate § 316.—Senate recedes. SEC. 313. UPPER DES PLAINES RIVER AND SEC. 339. MOUNT ST. HELENS, WASHINGTON 348(h) St. Clair and Benton Counties, Mis- TRIBUTARIES, ILLINOIS House § 345, Senate § 328.—House recedes, souri. House § 585(l). No comparable Senate Senate § 307, House § 439.—House recedes. with an amendment. section.—Senate recedes. SEC. 315. ATCHAFALAYA BASIN, LOUISIANA SEC. 340. LOWER MUD RIVER, MILTON, WEST 348(i) Candy Lake, Oklahoma. House House § 322, Senate § 308.—House recedes. VIRGINIA § 585(e), Senate § 505.—Senate recedes, with an amendment. SEC. 316. RED RIVER WATERWAY, LOUISIANA House § 348. No comparable Senate sec- House § 324, Senate § 309.—House recedes. tion.—Senate recedes. The intent of the Managers is that the NEPA waiver provision be considered in the SEC. 317. THOMASTON HARBOR, GEORGES RIVER, SEC. 341. FOX RIVER SYSTEM, WISCONSIN MAINE context of section 226, Administrative Costs House § 567, Senate § 330.—House recedes. of Land Conveyances. House § 325. No comparable Senate sec- Section 332 of the Water Resources Devel- tion.—Senate recedes. 348(j) Manor Township, Pennsylvania. opment Act of 1992 authorizes the Secretary House § 585(f). No comparable Senate sec- SEC. 318. POPLAR ISLAND, MARYLAND to transfer to the State of Wisconsin certain tion.—Senate recedes. locks and appurtenant features of the navi- House § 329. No comparable Senate sec- 348(k) Richard B. Russell Dam and Lake, gation portion of the Fox River System, sub- tion.—Senate recedes, with an amendment. South Carolina. Senate § 506. No comparable ject to the execution of an agreement by the SEC. 319. WILLIAM JENNINGS RANDOLPH LAKE, House section.—House recedes, with an Secretary and the State that specifies the MARYLAND amendment. terms and conditions of such transfer. This Senate § 311. No comparable House sec- 348(l) Savannah River, South Carolina. provision clarifies that the negotiated agree- tion.—House recedes. House § 585(g), Senate § 324.—House recedes. ment may provide for payments to the State SEC. 320. BRECKENRIDGE, MINNESOTA to be used toward the repair and rehabilita- 348(m) Tri-Cities Area, Washington. House House § 326, Senate § 312.—House recedes. tion of the portions of the project which are § 585(h). No comparable Senate section.—Sen- SEC. 321. DULUTH HARBOR, MINNESOTA being transferred. ate recedes. House § 327. No comparable Senate sec- 348(n) Generally Applicable Provisions. SEC. 342. CHESAPEAKE BAY OYSTER tion.—Senate recedes. House § 585(m). No comparable Senate sec- RESTORATION SEC. 322. LITTLE FALLS, MINNESOTA tion.—Senate recedes. House § 523, Senate § 331.—House recedes. House § 328. No comparable Senate sec- SEC. 349. PROJECT REAUTHORIZATIONS SEC. 343. GREAT LAKES DREDGING LEVELS tion.—Senate recedes. ADJUSTMENT (a)(1) Narraguagus River, Milbridge, SEC. 323. NEW MADRID COUNTY, MISSOURI House § 572, Senate § 332.—Same. Maine.—House § 350(a)(1), Senate § 310.—Sen- House § 532, Senate § 314.—House recedes, ate recedes. SEC. 344. GREAT LAKES REMEDIAL ACTION PLANS with an amendment. (a)(2) Cedar Bayou, Texas.—House AND SEDIMENT REMEDIATION SEC. 324. PEMISCOT COUNTY HARBOR, MISSOURI § 350(a)(2), Senate § 434.—Senate recedes. House § 533, Senate § 315.—House recedes. House § 571, Senate § 334.—House recedes, (b) Narraguagus River, Milbridge, Maine.— with an amendment. SEC. 325. FORT PECK FISH HATCHERY, MONTANA House § 350(b), Senate § 310.—Senate recedes. SEC. 345. TREATMENT OF DREDGED MATERIAL Senate § 317. No comparable House sec- SEC. 350. CONTINUATION OF PROJECT FROM LONG ISLAND SOUND tion.—House recedes, with an amendment. AUTHORIZATIONS Senate § 336. No comparable House sec- SEC. 326. SAGAMORE CREEK, NEW HAMPSHIRE tion.—House recedes. House § 351. No comparable Senate sec- Senate § 318. No comparable House section.—Senate recedes. tion.—House recedes. SEC. 346. DECLARATION OF NONNAVIGABILITY FOR LAKE ERIE, NEW YORK SEC. 351. WATER QUALITY PROJECTS SEC. 327. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY House § 352. No comparable Senate sec- House § 349. No comparable Senate sec- House § 332, Senate § 319.—House recedes, tion.—Senate recedes. tion.—Senate recedes. with an amendment. SEC. 347. PROJECT DEAUTHORIZATIONS TITLE IV—STUDIES SEC. 328. TIMES BEACH NATURE PRESERVE, House § 353(a)(1), (2), (3), (4), (5), (6), (7), (8), SEC. 401. STUDIES OF COMPLETED PROJECTS BUFFALO, NEW YORK (9), (b), Senate § 338(1), (2), (3), and (4).—Sen- ate recedes, with an amendment. House § 401. No comparable Senate sec- House § 333. No comparable Senate section.—Senate recedes. tion.—Senate recedes. SEC. 348. LAND CONVEYANCES SEC. 402. LOWER MISSISSIPPI RIVER RESOURCE SEC. 329. ROCKAWAY INLET TO NORTON POINT, 348(a) Thompson, Connecticut. House ASSESSMENT NEW YORK § 585(a). No comparable Senate section.—Sen- Senate § 320. No comparable House sec- ate recedes. House § 403. No comparable Senate section.—House recedes. 348(b) Washington, District of Columbia. tion.—Senate recedes. House § 585(b). No comparable Senate sec- The Managers recognize the Mississippi SEC. 330. GARRISON DAM, NORTH DAKOTA tion.—Senate recedes. River System as a nationally significant eco- House § 334. No comparable Senate sec- 348(c) Joliet, Illinois. House § 585(j). No system and a nationally significant commer- tion.—Senate recedes, with an amendment. comparable Senate section.—Senate recedes. cial navigation and flood control system. SEC. 331. DUCK CREEK, OHIO 348(d) Ottawa, Illinois. House § 585(k). No The Managers further recognize that the House § 335. No comparable Senate sec- comparable Senate section.—Senate recedes. System shall be administered and regulated tion.—Senate recedes, with an amendment. 348(e) Bayou Teche, Louisiana. House in recognition of its several purposes. Noth- SEC. 332. JOHN DAY POOL, OREGON AND § 585(i). No comparable Senate section.—Sen- ing in this section shall be construed to au- WASHINGTON ate recedes. thorize the development or recommendation Navigation on the upper portions of the House § 547, Senate § 321.—House recedes. of a means of flood control other than that Bayou Teche has dwindled over the past sev- SEC. 333. FOX POINT HURRICANE BARRIER, specially authorized for this project. Also, in eral years to a few vessels per month due to carrying out this section the Secretary shall PROVIDENCE, RHODE ISLAND the infrequent operation of the Keystone Senate § 322. No comparable House sec- consult with the Governor or his designee as Lock by the Corps of Engineers. St. Martin described in subsection (c). tion.—House recedes. Parish wishes to operate, maintain, repair, SEC. 334. NONCONNAH CREEK, TENNESSEE AND replace and rehabilitate the lock once the SEC. 403. UPPER MISSISSIPPI RIVER BASIN MISSISSIPPI Corps completes renovation of the lock to a SEDIMENT AND NUTRIENT STUDY House § 336. No comparable Senate sec- safe and operable condition. This transfer House § 404, Senate § 440.—House recedes, tion.—Senate recedes, with an amendment. will provide cost savings to the federal gov- with an amendment.

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SEC. 404. UPPER MISSISSIPPI RIVER SEC. 426. CHICAGO, ILLINOIS SEC. 447. DUCK CREEK WATERSHED, OHIO COMPREHENSIVE PLAN Senate § 414, House § 417.—House recedes. Senate § 427. No comparable House sec- House § 405. No comparable Senate sec- SEC. 427. CHICAGO SANITARY AND SHIP CANAL tion.—House recedes. tion.—Senate recedes, with an amendment. SYSTEM, CHICAGO, ILLINOIS SEC. 448. FREMONT, OHIO SEC. 405. OHIO RIVER SYSTEM House § 418. No comparable Senate sec- Senate § 428. No comparable House sec- House § 406. No comparable Senate section.—Senate recedes. tion.—House recedes. tion.—Senate recedes, with an amendment. SEC. 428. LONG LAKE, INDIANA SEC. 449. STEUBENVILLE, OHIO SEC. 406. BALDWIN COUNTY, ALABAMA House § 419. No comparable Senate sec- House § 431. No comparable Senate sec- Senate § 401. No comparable House section.—Senate recedes. tion.—Senate recedes. tion.—House recedes. SEC. 429. BRUSH AND ROCK CREEKS, MISSION SEC. 450. GRAND LAKE, OKLAHOMA SEC. 407. BRIDGEPORT, ALABAMA HILLS AND FAIRWAY, KANSAS House § 432, Senate § 429.—House recedes. House § 501. No comparable Senate sec- House § 420. No comparable Senate sec- SEC. 451. COLUMBIA SLOUGH, OREGON tion.—Senate recedes, with an amendment. tion.—Senate recedes, with an amendment. House § 433. No comparable Senate sec- SEC. 409. ARKANSAS RIVER NAVIGATION SYSTEM SEC. 430. ATCHAFALAYA RIVER, BAYOUS CHENE, tion.—Senate recedes. BOEUF, AND BLACK, LOUISIANA House § 506. No comparable Senate sec- The study of this project was authorized by tion.—Senate recedes, with an amendment. House § 323. No comparable Senate sec- section 439 of the Water Resources Develop- tion.—Senate recedes, with an amendment. ment Act of 1996 (110 Stat. 3747). Subsequent SEC. 410. CACHE CREEK BASIN, CALIFORNIA The Secretary is directed to investigate to the authorization, the Corps of Engineers House § 305, Senate § 403.—House recedes. the problems associated with ‘‘fluff’’ created and the City of Portland, Oregon, agreed to The Secretary is directed to mitigate the by the mixture of freshwater, saltwater and carry out the project under the authority of impacts of the new south levee of the Cache fine river silt in the channels. Fluff is a gel- ‘‘project modification to improve the envi- Creek settling basin on the City of Wood- like material that makes steering and pro- ronment’’, a continuing authority program land’s storm drainage system, including all pulsion difficult and is both a navigation authorized by section 1135(a) of the Water appurtenant features, erosion control meas- hazard and an economic problem for boaters. Resources Development Act of 1986 (33 U.S.C. ures and environmental protection features. SEC. 431. BOEUF AND BLACK, LOUISIANA 2309a(a)). Pursuant to a project cooperation Such mitigation shall restore the City’s pre- agreement, the City of Portland has provided project capacity (1,360 cubic feet per second) Senate § 415. No comparable House sec- substantial resources in cash and in-kind to the bypass, including channel improve- tion.—House recedes. services toward a feasibility study for the ments, an outlet works through the west SEC. 432. IBERIA PORT, LOUISIANA project as required under section 1135(a). levee of the Yolo Bypass, and a new low flow, House § 422, Senate § 416.—Senate recedes. When the study was near completion, and cross channel to handle City and County SEC. 433. LAKE PONTCHARTRAIN SEAWALL, preliminary results indicated that the storm drainage and settling basin flows (1,760 LOUISIANA project is appropriate for construction, the cubic feet per second) when the Yolo Bypass Corps suspended the study due to an internal House § 423. No comparable Senate sec- is in a low flow condition. decision to reallocate funds to other tion.—Senate recedes. SEC. 411. ESTUDILLO CANAL, SAN LEANDRO, projects. The Corps should complete the SEC. 434. LOWER ATCHAFALAYA BASIN, CALIFORNIA study and carry out the project expedi- LOUISIANA House § 409, Senate § 404.—Same. tiously if the Secretary determines that the House § 424. No comparable Senate sec- project is appropriate. SEC. 412. LAGUNA CREEK, FREMONT, CALIFORNIA tion.—Senate recedes. SEC. 452. CLIFF WALK IN NEWPORT, RHODE House § 410, Senate § 405.—Senate recedes. SEC. 435. ST. JOHN THE BAPTIST PARISH, ISLAND SEC. 413. LAKE MERRITT, OAKLAND, CALIFORNIA LOUISIANA Senate § 441. No comparable House sec- House § 411. No comparable Senate sec- House § 425, Senate § 418.—Senate recedes. tion.—House recedes. tion.—Senate recedes. SEC. 436. SOUTH LOUISIANA SEC. 453. QUONSET POINT CHANNEL, RHODE SEC. 414. LANCASTER, CALIFORNIA Senate § 417. No comparable House sec- ISLAND House § 412, Senate § 406.—Same. tion.—House recedes. Senate § 442. No comparable House sec- SEC. 415. OCEANSIDE, CALIFORNIA SEC. 437. PORTSMOUTH HARBOR AND PISCATAQUA tion.—House recedes, with an amendment. House § 414, Senate § 406.—House recedes. RIVER, MAINE AND NEW HAMPSHIRE SEC. 454. DREDGED MATERIAL DISPOSAL SITE, RHODE ISLAND SEC. 416. SAN JACINTO WATERSHED, CALIFORNIA Senate § 420. No comparable House section.—House recedes. Senate § 440. No comparable House sec- Senate § 407. No comparable House section.—House recedes. tion.—House recedes. SEC. 438. MERRIMACK RIVER BASIN, MASSACHUSETTS AND NEW HAMPSHIRE SEC. 455. REEDY RIVER, GREENVILLE, SOUTH SEC. 417. SUISUN MARSH, CALIFORNIA Senate § 422. No comparable House sec- CAROLINA House § 415. No comparable Senate section.—House recedes. House § 434. No comparable Senate section.—Senate recedes. SEC. 439. WILD RICE RIVER, MINNESOTA tion.—Senate recedes. SEC. 418. DELAWARE RIVER WATERSHED House § 529. No comparable Senate sec- SEC. 456. CHICKAMAUGA LOCK AND DAM, House § 440. No comparable Senate section.—Senate recedes, with an amendment. TENNESSEE tion.—Senate recedes, with an amendment. SEC. 440. PORT OF GULFPORT, MISSISSIPPI House § 555, Senate § 431.—House recedes. SEC. 419. BREVARD COUNTY, FLORIDA Senate § 423. No comparable House sec- SEC. 457. GERMANTOWN, TENNESSEE House § 311. No comparable Senate section.—House recedes, with an amendment. House § 435, Senate § 432.—Senate recedes, tion.—Senate recedes, with an amendment. SEC. 441. LAS VEGAS VALLEY, NEVADA with an amendment. SEC. 420. CHOCTAWHATCHEE RIVER, FLORIDA House § 426. No comparable Senate sec- SEC. 458. MILWAUKEE, WISCONSIN Senate § 408. No comparable House section.—Senate recedes. House § 438. No comparable Senate section.—House recedes. SEC. 442. UPLAND DISPOSAL SITES IN NEW tion.—Senate recedes. SEC. 421. EGMONT KEY, FLORIDA HAMPSHIRE TITLE V—MISCELLANEOUS PROVISIONS Senate § 409. No comparable House sec- Senate § 424. No comparable House sec- SEC. 501. LAKES PROGRAM tion.—House recedes. tion.—House recedes. House § 581. No comparable Senate sec- SEC. 422. UPPER OCKLAWAHA RIVER AND APOPKA/ SEC. 443. SOUTHWEST VALLEY, ALBUQUERQUE, tion.—Senate recedes, with an amendment. PALATLAKAHA RIVER BASINS, FLORIDA NEW MEXICO SEC. 502. RESTORATION PROJECTS Senate § 411. No comparable House sec- House § 427, Senate § 425.—Same. House § 551. No comparable Senate section.—House recedes. SEC. 444. BUFFALO HARBOR, BUFFALO, NEW YORK tion.—Senate recedes, with an amendment. SEC. 423. LAKE ALLATOONA WATERSHED, House § 428. No comparable Senate sec- SEC. 503. SUPPORT OF ARMY CIVIL WORKS GEORGIA tion.—Senate recedes. PROGRAM House § 416. No comparable Senate sec- SEC. 445. JAMESVILLE RESERVOIR, ONONDAGA House § 576. No comparable Senate section.—Senate recedes. COUNTY, NEW YORK tion.—Senate recedes. SEC. 424. BOISE RIVER, IDAHO House § 430. No comparable Senate sec- SEC. 504. EXPORT OF WATER FROM GREAT LAKES Senate § 412. No comparable House section.—Senate recedes. Senate § 508. No comparable House section.—House recedes, with an amendment. SEC. 446. BOGUE BANKS, CARTERET COUNTY, tion.—House recedes. SEC. 425. WOOD RIVER, IDAHO NORTH CAROLINA SEC. 505. GREAT LAKES TRIBUTARY MODEL Senate § 413. No comparable House sec- Senate § 339. No comparable House sec- House § 570, Senate § 335.—House recedes, tion.—House recedes, with an amendment. tion.—House recedes. with an amendment.

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SEC. 506. GREAT LAKES FISHERY AND ECOSYSTEM SEC. 517. BALLARD’S ISLAND, LASALLE COUNTY, lease without cost. Also, to ensure that the RESTORATION ILLINOIS development and operation of the park by House § 570, Senate § 333.—House recedes, House § 518. No comparable Senate sec- the City are in the public interest, the Sec- with an amendment. tion.—Senate recedes, with an amendment. retary is directed to include such terms and conditions as are necessary to achieve those SEC. 507. NEW ENGLAND WATER RESOURCES AND SEC. 518. LAKE MICHIGAN DIVERSION, ILLINOIS ECOSYSTEM RESTORATION ends. House § 519. No comparable Senate sec- SEC. 536. LOWER COLUMBIA RIVER AND Senate § 337. No comparable House section.—Senate recedes, with an amendment. tion.—House recedes, with an amendment. TILLAMOOK BAY ECOSYSTEM RESTORATION, SEC. 519. ILLINOIS RIVER BASIN RESTORATION OREGON AND WASHINGTON SEC. 508. VISITORS CENTERS 508(a) John Paul Hammerschmidt Visitors House § 569, Senate § 306.—Senate recedes. House § 548. No comparable Senate sec- Center, Arkansas. Senate § 501(a), House SEC. 520. KOONTZ LAKE, INDIANA tion.—Senate recedes, with an amendment. § 302.—House recedes. House § 520. No comparable Senate sec- SEC. 537. ACCESS IMPROVEMENTS, RAYSTOWN 508(b) Lower Missisippi River Museum and tion.—Senate recedes. LAKE, PENNSYLVANIA Riverfront Interpretive Site, Mississippi. House § 553. No comparable Senate sec- SEC. 521. WEST VIEW SHORES, CECIL COUNTY, Senate § 501(b). No comparable House section.—Senate recedes. MARYLAND tion.—House recedes. SEC. 538. UPPER SUSQUEHANNA RIVER BASIN, House § 522. No comparable Senate sec- SEC. 509. CALFED BAY-DELTA PROGRAM PENNSYLVANIA AND NEW YORK tion.—Senate recedes, with an amendment. ASSISTANCE, CALIFORNIA House § 554. No comparable Senate sec- House § 507, Senate § 502.—House recedes, SEC. 522. MUDDY RIVER, BROOKLINE AND BOSTON, tion.—Senate recedes. MASSACHUSETTS with an amendment. SEC. 539. CHARLESTON HARBOR, SOUTH CAROLINA This section authorizes the Secretary to House § 524. No comparable Senate sec- Senate § 323. No comparable House sec- participate with the appropriate Federal and tion.—Senate recedes. State agencies in the planning and manage- tion.—House recedes. SEC. 523. SOO LOCKS, SAULT STE. MARIE, ment activities associated with the CALFED SEC. 540. CHEYENNE RIVER SIOUX TRIBE, LOWER MICHIGAN Bay-Delta program (‘‘CALFED’’). The Man- BRULE SIOUX TRIBE, AND STATE OF SOUTH DA- agers recognize the original authorization of House § 525. No comparable Senate sec- KOTA TERRESTRIAL WILDLIFE HABITAT RES- appropriations for the CALFED Bay-Delta tion.—Senate recedes. TORATION Program (P.L. 104–333) expired on September SEC. 524. MINNESOTA DAM SAFETY Senate § 507. No comparable House sec- 30, 2000 and that Congress has not reauthor- House § 225. No comparable Senate section.—House recedes. ized, renewed or otherwise extended this au- tion.—Senate recedes, with an amendment. SEC. 541. HORN LAKE CREEK AND TRIBUTARIES, thority for appropriations. The Managers do TENNESSEE AND MISSISSIPPI not intend for this language to explicitly or SEC. 525. BRUCE F. VENTO UNIT OF THE BOUND- Senate § 433. No comparable House sec- implicitly ratify or approve the CALFED ARY WATERS CANOE AREA WILDERNESS, MIN- tion.—House recedes, with an amendment. Framework for Action or any of the projects NESOTA set forth thereunder. House § 586. No comparable Senate sec- SEC. 542. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK SEC. 510. SEWARD, ALASKA tion.—Senate recedes. Senate § 327. No comparable House sec- House § 503. No comparable Senate sec- SEC. 526. DULUTH, MINNESOTA, ALTERNATIVE tion.—House recedes. tion.—Senate recedes. TECHNOLOGY PROJECT SEC. 543. VERMONT DAMS REMEDIATION SEC. 511. CLEAR LAKE BASIN, CALIFORNIA House § 526. No comparable Senate sec- House § 508. No comparable Senate section.—Senate recedes. Senate § 437. No comparable House section.—House recedes, with an amendment. tion.—Senate recedes. SEC. 527. MINNEAPOLIS, MINNESOTA SEC. 544. PUGET SOUND AND ADJACENT WATERS SEC. 512. CONTRA COSTA CANAL, OAKLEY, AND House § 527. No comparable Senate sec- RESTORATION, WASHINGTON KNIGHTSEN, CALIFORNIA tion.—Senate recedes, with an amendment. House § 509. No comparable Senate sec- House § 558, Senate § 329.—House recedes, SEC. 528. COASTAL MISSISSIPPI WETLANDS tion.—Senate recedes. with an amendment. This provision requires that the Secretary RESTORATION PROJECTS SEC. 545. WILLAPA BAY, WASHINGTON use only the criteria of technical soundness, House § 530. No comparable Senate sec- Senate § 439, House § 344.—House recedes tion.—Senate recedes. environmental acceptability, and economic SEC. 546. WYNOOCHEE LAKE, WYNOOCHEE RIVER, justification to evaluate a small flood con- SEC. 529. LAS VEGAS, NEVADA WASHINGTON trol project along the Contra Costa Canal. House § 534. No comparable Senate sec- House § 560. No comparable Senate sec- By this provision, the Managers intend that tion.—Senate recedes, with an amendment. tion.—Senate recedes. the Secretary not reject a project based solely on a policy of the Corps of Engineers con- SEC. 530. URBANIZED PEAK FLOOD MANAGEMENT SEC. 547. BLUESTONE, WEST VIRGINIA cerning amount of runoff. RESEARCH, NEW JERSEY House § 562. No comparable Senate sec- SEC. 513. HUNTINGTON BEACH, CALIFORNIA House § 536. No comparable Senate section.—Senate recedes, with an amendment. House § 510. No comparable Senate section.—Senate recedes, with an amendment. SEC. 548. LESAGE/GREENBOTTOM SWAMP, WEST tion.—Senate recedes. SEC. 531. NEPPERHAN RIVER, YONKERS, NEW VIRGINIA This provision requires that the Secretary YORK House § 563. No comparable Senate sec- use only the criteria of technical soundness, House § 539. No comparable Senate section.—Senate recedes. environmental acceptability, and economic tion.—Senate recedes. SEC. 549. TUG FORK RIVER, WEST VIRGINIA justification to evaluate a small flood con- House § 564. No comparable Senate sec- trol project at Huntington Beach. By this SEC. 532. UPPER MOHAWK RIVER BASIN, NEW tion.—Senate recedes. provision, the Managers intend that the Sec- YORK retary not reject a project based solely on a House § 541. No comparable Senate sec- SEC. 550. SOUTHERN WEST VIRGINIA policy of the Corps of Engineers concerning tion.—Senate recedes, with an amendment. House § 566. No comparable Senate section.—Senate recedes. amount of runoff. SEC. 533. FLOOD DAMAGE REDUCTION SEC. 551. SURFSIDE/SUNSET AND NEWPORT SEC. 514. MALLARD SLOUGH, PITTSBURG, House § 542. No comparable Senate sec- BEACH, CALIFORNIA CALIFORNIA tion.—Senate recedes, with an amendment. House § 511. No comparable Senate sec- House § 568. No comparable Senate sec- SEC. 534. CUYAHOGA RIVER, OHIO tion.—Senate recedes. tion.—Senate recedes. This provision requires that the Secretary House § 543, Senate § 426.—Senate recedes. SEC. 552. WATERSHED MANAGEMENT, use only the criteria of technical soundness, SEC. 535. CROWDER POINT, CROWDER, OKLAHOMA RESTORATION, AND DEVELOPMENT environmental acceptability, and economic House § 544. No comparable Senate sec- House § 574. No comparable Senate sec- justification to evaluate a small flood con- tion.—Senate recedes. tion.—Senate recedes. trol project along Mallard Slough. By this Crowder Point is a Corps of Engineers pub- provision, the Managers intend that the Sec- SEC. 553. MAINTENANCE OF NAVIGATION lic park on the southern end of Eufaula Lake retary not reject a project based solely on a CHANNELS in Oklahoma that is not being maintained policy of the Corps of Engineers concerning House § 575. No comparable Senate sec- due to budgetary constraints. The Managers amount of runoff. tion.—Senate recedes. favor a partnership between the Secretary SEC. 554. HYDROGRAPHIC SURVEY SEC. 515. PORT EVERGLADES, FLORIDA and the City of Crowder, Oklahoma that House § 516. No comparable Senate sec- would involve a long-term lease under which House § 578. No comparable Senate section.—Senate recedes. the City would develop, operate, and main- tion.—Senate recedes, with an amendment. SEC. 516. LAKE SIDNEY LANIER, GEORGIA, HOME tain the property as a public park. Recog- SEC. 555. COLUMBIA RIVER TREATY FISHING PRESERVATION nizing the public benefits that would derive ACCESS Senate § 503. No comparable House sec- from the City’s participation in this partner- House § 588. No comparable Senate section.—House recedes. ship, the Secretary is directed to issue the tion.—Senate recedes.

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.096 pfrm02 PsN: H31PT1 H11668 CONGRESSIONAL RECORD — HOUSE October 31, 2000 SEC. 556. RELEASE OF USE RESTRICTION ANNOUNCEMENT OF INTENTION TO to debate the motions, which only are House § 582. No comparable Senate sec- OFFER MOTION TO INSTRUCT being noticed at the present time. tion.—Senate recedes, with an amendment. CONFEREES ON H.R. 4577, DE- f TITLE VI—COMPREHENSIVE EVERGLADES PARTMENT OF LABOR, HEALTH RESTORATION AND HUMAN SERVICES AND ANNOUNCEMENT OF INTENTION TO SEC. 601. COMPREHENSIVE EVERGLADES EDUCATION AND RELATED OFFER MOTION TO INSTRUCT RESTORATION PLAN AGENCIES APPROPRIATIONS CONFEREES ON H.R. 4577, DE- ACT, 2001 Senate Title VI, House Title VI.—House re- PARTMENTS OF LABOR, HEALTH cedes, with an amendment. Mr. HOLT. Mr. Speaker, pursuant to AND HUMAN SERVICES, AND 601(a) Definitions. House § 601(a), Senate clause 7(c) of House rule XXII, I hereby EDUCATION, AND RELATED § 601(a).—Same. notify the House of my intention to- AGENCIES APPROPRIATIONS 601(b) Comprehensive Everglades Restora- morrow to offer the following motion ACT, 2001 tion Plan. House § 601(b), Senate § 601(b).— to instruct House conferees on H.R. Mr. HOEKSTRA. Mr. Speaker, pursu- Same. 4577, a bill making appropriations for ant to clause 7(c) of rule XXII, I hereby 601(c) Additional Program Authority. fiscal year 2001 for the Departments of notice the House of my intention to House § 601(c), Senate § 601(c).—Same. Labor, Health and Human Services and offer the following motion to instruct 601(d) Authorization of Future Projects. Education. House § 601(d), Senate § 601(d).—Same. House conferees on H.R. 4577, a bill Mr. Speaker, I move that the man- making appropriations for fiscal year 601(e) Cost Sharing. House § 601(e), Senate agers on the part of the House at the § 601(e).—Senate recedes. 2001 for the Departments of Labor, conference on the disagreeing votes of Health and Human Services, and Edu- 601(f) Evaluation of Projects. House § 601(f), the two Houses of the bill, H.R. 4577, be Senate § 601(f).—Same. cation. instructed to insist on disagreeing with The form of the motion is as follows: 601(g) Exclusions and Limitations. House provisions in the Senate amendment § 601(g), Senate § 601(g).—Same. which denies the President’s request Mr. HOEKSTRA moves that the managers on 601(h) Assurance of Project Benefits. House the part of the House at the conference on § 601(h), Senate § 601(h).—Senate recedes. for dedicated resources for local school the disagreeing votes of the two Houses on 601(i) Dispute Resolution. House § 601(i), construction and, instead, broadly ex- the Senate amendment to the bill H.R. 4577 Senate § 601(i).—Same. pands the title VI Education Block be instructed to choose a level of funding for 601(j) Independent Scientific Review. House Grant with limited accountability in the Inspector General of the Department of § 601(i), Senate § 601(i).—Same. the use of the funds. Education that reflects a requirement on the 601(k) Outreach and Assistance. House f Inspector General of the Department of Edu- § 601(k), Senate § 601(k).—Same. cation, as authorized by section 211 of the b 1830 Department of Education Organization Act, 601(l) Report to Congress. House § 601(l), to use all funds appropriated to the Office of Senate § 601(l).—Same. ANNOUNCEMENT OF INTENTION TO Inspector General of such Department to 601(m) Report on Aquifer Storage and Re- OFFER MOTION TO INSTRUCT comply with the Inspector General Act of covery Project. House § 601(m), No com- CONFEREES ON H.R. 4577, DE- 1978, with priority given to section 4 of such parable Senate section.—Senate recedes. PARTMENTS OF LABOR, HEALTH Act. 601(n) Full Disclosure of Proposed Funding. AND HUMAN SERVICES, AND f House § 601(m), No comparable Senate sec- EDUCATION, AND RELATED tion.—Senate recedes. AGENCIES APPROPRIATIONS ANNOUNCEMENT OF INTENTION TO 601(o) Surplus Federal Lands. House ACT, 2001 § 601(o), No comparable Senate section.—Sen- OFFER MOTION TO INSTRUCT ate recedes. Mr. WU. Mr. Speaker, pursuant to CONFEREES ON H.R. 4577, DE- 601(p) Severability. House § 601(p), Senate clause 7(c) of House rule XXII, I hereby PARTMENTS OF LABOR, HEALTH § 601(m).—Same. serve notice to the House of my inten- AND HUMAN SERVICES, AND SEC. 602. SENSE OF CONGRESS CONCERNING tion tomorrow to offer the following EDUCATION, AND RELATED HOMESTEAD AIR FORCE BASE motion to instruct House conferees on AGENCIES APPROPRIATIONS 602(a) Findings. House § 602(a), Senate H.R. 4577, a bill making appropriations ACT, 2001 § 602(a).—Senate recedes. for fiscal year 2001, for the Depart- Mr. SCHAFFER. Mr. Speaker, pursu- 602(b) Sense of Congress. House § 602(b), ments of Labor, Health and Human ant to clause 7(c) of rule XXII, I hereby Senate § 602(b).—Senate recedes. Services, and Education. notice the House of my intention to- The form of the motion is as follows: TITLE VII—MISSOURI RIVER RESTORATION, morrow to offer the following motion Mr. WU moves that the managers on the NORTH DAKOTA part of the House at the conference on the to instruct House conferees on H.R. Senate Title VII. No comparable House disagreeing votes of the two Houses on the 4577, a bill making appropriations for title—House recedes, with an amendment. bill, H.R. 4577, be instructed to insist on dis- fiscal year 2001 for the Departments of The Managers encourage the Secretary to agreeing with provisions in the Senate Labor, Health and Human Services, include the Vision Group of the Missouri amendment which denies the President’s re- and Education. River Coordinated Resource Management quest for dedicated resources to reduce class The form of the motion is as follows: Program as members of the Missouri River size in the early grades and instead, broadly Mr. SCHAFFER moves that the managers on Trust. expands the Title VI Education Block Grant the part of the House at the conference on with limited accountability in the use of TITLE VIII—WILDLIFE REFUGE ENHANCEMENT the disagreeing votes of the two Houses on funds. the Senate amendment to the bill H.R. 4577 Senate Title VIII. No comparable House Mr. Speaker, this is the same motion title.—House recedes, with an amendment. be instructed to insist on those provisions which I noticed on Sunday evening for that— TITLE IX—MISSOURI RIVER RESTORATION, debate on Monday and it is made nec- (1) maintain the utmost flexibility possible SOUTH DAKOTA essary by the fact that we had an for the grant program under title VI of the Senate Title IX, House Title VII—House agreement on Monday morning funding Elementary and Secondary Education Act of recedes, with an amendment. this at the full $1.75 billion amount, 1965; and BUD SHUSTER, and that agreement was broken by (2) provide local educational agencies the DON YOUNG, maximum discretion within the scope of con- noon. I must renotice this motion at SHERWOOD BOEHLERT, ference to spend Federal education funds to E. CLAY SHAW, this time. improve the education of their students. JIM OBERSTAR, The SPEAKER pro tempore (Mr. f BOB BORSKI, PEASE). The gentleman’s notice will ROBERT MENENDEZ, appear in the RECORD. COMMUNICATION FROM THE Managers on the Part of the House. f CLERK OF THE HOUSE BOB SMITH, ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore laid be- JOHN WARNER, PRO TEMPORE MAX BAUCUS, fore the House the following commu- BOB GRAHAM, The SPEAKER pro tempore. Mem- nication from the Clerk of the House of Managers on the Part of the Senate. bers are reminded it is not appropriate Representatives:

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.098 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11669 OFFICE OF THE CLERK, continuing resolution to make sure to stand up and say no and they were U.S. HOUSE OF REPRESENTATIVES, that the government continues to oper- defeated on the House floor. But they Washington, DC, October 31, 2000. ate until midnight tomorrow night, came back; and on July 25 of 1997, they Hon. J. DENNIS HASTERT, while we continue to work away in a again adopted new language which for Speaker, U.S. House of Representatives, Wash- ington, DC. friendly, cooperative, bipartisan way to another year delayed the implementa- DEAR MR. SPEAKER: Pursuant to the per- resolve the final outstanding issues be- tion of the rule to protect workers like mission granted in Clause 2(h) of Rule II of fore this Congress can adjourn. this. And they won. And so, we had the rules of the U.S. House of Representa- With that, Mr. Speaker, I announce delay number three that delayed yet tives, the Clerk received the following mes- to the gentleman from Wisconsin (Mr. another year. sage from the Secretary of the Senate on Oc- OBEY), my friend, that I do not intend The only difference was that that tober 30, 2000, at 7:40 p.m. to have a lengthy debate on our side. time the House said it would be the That the Senate passed without amend- And so I am going to reserve the bal- ment H.J. Res. 120. last time. This is a copy of the front With best wishes, I am ance of my time, probably until I get page of the committee report dated Sincerely, to my closing statement, depending on July 25, 1997, which outlines the fact JEFF TRANDAHL. what issues might come up in the that yet another year’s delay was being f meantime. undertaken to prevent these repetitive Mr. Speaker, I reserve the balance of motion injuries. But it said ‘‘the com- ANNOUNCEMENT BY THE SPEAKER my time. mittee will refrain from any further re- PRO TEMPORE Mr. OBEY. Mr. Speaker, I yield my- strictions with regard to the develop- 1 The SPEAKER pro tempore. Pursu- self 7 ⁄2 minutes. ment, promulgation, or issuance of an Mr. Speaker, I am wearing this wrist ant to clause 1 of rule I, the Speaker ergonomics standard following fiscal band in solidarity with the over 300,000 signed the following enrolled joint res- year 1998.’’ workers who will suffer repetitive mo- olution on Monday, October 30, 2000. And you know what? For a year the tion injuries, some of them career-end- House Joint Resolution 121, joint res- Congress abided by that. It is true that ing, because of the gutlessness of this olution making further continuing ap- the Congress did provide additional Congress in refusing, for over a 10-year propriations for fiscal year 2001, and for funding to do yet an additional study period, to put some protection for other purposes. by the National Academy of Sciences those folks into the law. f of the issue. But at the same time that Mr. Speaker, I have gone into plant was done, the chairman of the com- GENERAL LEAVE after plant in my district and I have mittee, Bob Livingston, our former col- seen especially women at computer league, in good faith signed a letter Mr. YOUNG of Florida. Mr. Speaker, terminals, at shoe-stitching machines, I ask unanimous consent that all Mem- with me which indicated that even wearing things like this or even worse. though that money was being provided bers may have 5 legislative days within Look at this picture and tell me what that nonetheless ‘‘we understand that which to revise and extend their re- is different. What separates us as Mem- OSHA intends to issue a proposed rule marks on H.J. Res. 121, and that I may bers of Congress from this woman? on ergonomics late in the summer of include tabular and extraneous mate- What separates us is that when we have 1999. We are writing to make clear by rial. a repetitive motion injury, like I had funding of the NAS study it is in no The SPEAKER pro tempore. Is there for several weeks last year when I was way our intent to block or delay objection to the request of the gen- wearing one of these, we can stop doing issuance by OSHA of a proposed rule on tleman from Florida? what we were doing until we recover. ergonomics.’’ There was no objection. People like this woman cannot. They f have to keep going until they cannot And yet this year, here is the rollcall go any more. if you want to look at it, some of the FURTHER CONTINUING APPRO- That is the difference. The only re- same people who were here when the PRIATIONS FOR FISCAL YEAR petitive motion injury that most Mem- Congress made the agreement not to 2001 bers of Congress are likely to get is to delay this any further voted once again Mr. YOUNG of Florida. Mr. Speaker, their knees from the repetitive genu- to genuflect to the interests of big pursuant to the provisions of House flecting to the big business lobbyists business and forget the interests of Resolution 662, I call up the joint reso- who persuaded the Republican leader- workers and they signed on to another lution (H.J. Res. 121), making further ship to blow up the agreement on the year delay. continuing appropriations for the fiscal Labor, Health, and Education bill by Now, in conference, finally, against year 2001, and for other purposes, and denying some protection to people like my wishes, the White House 2 days ago ask for its immediate consideration in this. agreed to yet another 6-month delay in the House. That is a fact. That is a fact. the implementation of the standards to The Clerk read the title of the joint Mr. Speaker, I want to recite to my protect these workers. But what we got resolution. colleagues the history of the repetitive in return for that additional 6-month The text of House Joint Resolution motion struggle that we have had. On delay in implementation was the right 121 is as follows: June 29 of 1995, the House for the first of this President to at least promul- H.J. RES. 121 time took action to prohibit OSHA gate the rule. Resolved by the Senate and House of Rep- from putting in place a repetitive mo- Now, in my view, there is only one resentatives of the United States of America in tion injury rule that would protect reason why the majority leadership Congress assembled, That Public Law 106–275, workers like this. That was delay num- blew up that agreement. Because that is further amended by striking the date spec- ber one. agreement was understood, we had an ified in section 106(c) and inserting ‘‘Novem- On July 27, 1995, the House Com- agreement to the entire bill! It was ber 1, 2000’’. mittee on Appropriations again re- even sealed with toasts of Merlot at The SPEAKER pro tempore. Pursu- ported language to do the same thing. 1:30 in the morning. And I do not know ant to House Joint Resolution 662, the When it was finally adopted, it again of anything more ‘‘sacred’’ in con- gentleman from Florida (Mr. YOUNG) said that none of the funds in the bill ference than a toast of Merlot. But and the gentleman from Wisconsin (Mr. would be used to enforce or implement nonetheless, after there was an agree- OBEY) each will control 30 minutes. an OSHA rule protecting workers like ment, then we walk out of there and The Chair recognizes the gentleman this from repetitive motion injury. the next morning what do we get? We from Florida (Mr. YOUNG). That was delay number two. get ‘‘Operation Blow Up’’ by the Re- Mr. YOUNG of Florida. Mr. Speaker, Then, on July of 1996, the Sub- publican leadership because apparently I yield myself such time as I may con- committee on Labor, Health and the Chamber of Commerce lobbyists sume. Human Services, and Education again got to them and said, ‘‘Boys, we do not Mr. Speaker, I advise our colleagues tried to delay action for another year. want it.’’ So they blew it up. They blew in the House that this is another 1-day That time the House had guts enough it up.

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.011 pfrm02 PsN: H31PT1 H11670 CONGRESSIONAL RECORD — HOUSE October 31, 2000 In my view, there is only one reason pudiate the agreement that their team time and for his leadership on this im- they did it. It is because if their can- negotiated. portant issue. didate for President wins the election, One of their reasons besides the edu- Mr. Speaker, at the turn of the cen- they did not want their candidate for cation issue, as we heard, was the ques- tury, the last century, 100 years ago, President to have to take the public tion of repetitive stress motion, which Ida Tarbell and Upton Sinclair shocked heat that would come from reversing takes a terrible toll on our workers. We this Nation with their accounts of dan- that rule. have been battling this issue for 14 gers in the workplace to American The language in the compromise years. Libby Dole when she was the workers. The exploitation of American gives the new President, whoever he is, head of the Labor Department, a Re- workers challenged the conscience of the right to suspend and then reverse publican, put these regulations forward our country. that rule through the Administrative because she saw the need to deal with Here we are 100 years later, and we Procedures Act. I do not like that. But the question of repetitive illnesses that have scientific evidence of that same that was the deal. But they do not even we can cure with some reasonable, sen- kind of exploitation, that same kind of want to do that on that side of the sible, rational regulations that will danger to American workers. Yet the aisle. If their candidate gets elected, help people be able to hold their child Republican majority is opposing any they are afraid to have their candidate when they get home from work, or opportunity to correct that. If you use for President have to take the public open a jar of peanut butter at lunch- a computer, if you drive a truck for a heat from repealing this rule to help time, which they cannot do now as a living, if you are in the health care in- these people. result of these terrible musculoskeletal dustry and lift patients, if you are in diseases. the food processing industry, if you b 1845 Now where are we? Well, this Repub- have to chop off the leg of a chicken for They want him to be able to do it on lican Congress, from George Bush all 8 hours a day with very little interrup- the sly. That is what is at stake. the way on down, have talked a very tion and rest, there are so many occu- So my suggestion to our friends on good game about bipartisanship and pations that are affected by this. In the majority side of the aisle, and I am bringing people together. But this fact, Mr. Speaker, women who are not speaking about the gentleman from week the Republican leadership gave prevalent in occupations that are Florida (Mr. YOUNG), he negotiated in the American people a sneak preview mostly for women have a dispropor- good faith. My suggestion to the House of their bipartisanship and how it is tionate share of these musculoskeletal leadership is, if you have the courage really going to work and their pas- injuries. of your convictions, then let us do this sionate conservatism. It is something Every year 600,000 workers in Amer- straight and clean. Stick to the agree- those of us who have worked in this ica lose time from work because of re- ment that was negotiated. Each side Congress have seen over and over petitive motion, back, and other dis- will have to take a chance and see who again. abling injuries. These injuries are often is elected President, and the public will Opportunities for bipartisan coopera- extremely painful and disabling. Some- know in either case what side we are tion on prescription drug coverage, on times they are permanent. The gen- on. That is the only question that is campaign finance reform, on curbing tleman from Michigan pointed out the before us tonight. Whose side are you the powers of the HMOs, and over- cost to our economy of this, the cost to on? crowding in schools, all vetoed by the the personal quality of life for workers Mr. Speaker, I yield 4 minutes to the Republican leadership, either in this because of this. By the way, not all gentleman from Michigan (Mr. body or in the other body. They play businesses are so unenlightened. Those BONIOR), the distinguished minority this game where one body passes it, but who have instituted voluntary guide- the leaders in the other body make whip. lines have a payback on their bottom sure that it does not reach the Presi- Mr. BONIOR. Mr. Speaker, the front line of greater productivity from their dent’s desk. Torpedoed by men who are page of the Washington Post has a workers, much higher morale from more committed to their partisan Re- headline today. It says: ‘‘Budget Deal their workers, and lower cost for publican agenda than the American is Torpedoed by House GOP. Move by health care for these workers. Leadership Angers Negotiators on Both agenda, Mr. Speaker. This is not just about everybody in Mr. Speaker, a Member of this House Sides.’’ business, painting them all with the once said, ‘‘You earn trust by saying On the front page of the Los Angeles same brush; but it is about some that what you mean and meaning what you Times, quote, ‘‘GOP Leaders Scuttle the Republican majority cannot say say.’’ That Congressman who said that Deal in Budget Battle.’’ ‘‘no’’ to. In order not to say ‘‘no’’ to Now, these and other stories tell how was the past Republican leader, a man named Gerald Ford. Today’s House Re- their special interest friends, they will a team of Republican legislators was publican leaders would do well to heed not say ‘‘yes’’ to the Democrats who empowered by the Republican leader- his words. have bipartisan support for the pre- ship to negotiate a budget agreement Mr. OBEY. Mr. Speaker, could I in- scription drug benefit, we have bipar- with congressional Democrats and the quire of the gentleman from Florida, tisan support for the Patients’ Bill of White House. And that is exactly what does he intend to yield time? Rights, we have bipartisan support for they did. Neither side got everything Mr. YOUNG of Florida. Mr. Speaker, the minimum wage bill, and now they that they wanted, but the American I have no intention of yielding at this have blown up the Labor-HHS bill, people were well served with this point. If I do, before the time is ex- which has so much in it for education agreement. The compromise would pired, I would advise the gentleman in for America’s children. have provided one of the largest edu- advance. We do a lot of talking around here cational increases in the history of this Mr. OBEY. I want to take 30 seconds, about family values. But what is more government. And perhaps that was one Mr. Speaker, to simply say that the of a family value? The economic secu- of the reasons why it did not pass mus- gentleman from Florida was absolutely rity of America’s families has an im- ter once it reached the leaders. It honorable in these negotiations. We pact on children and their education would have modernized and repaired disagreed vehemently on a number of and the pension security and the 5,000 schools. It would have provided these issues. But I know him to be a health security of their seniors. 12,000 new teachers to reduce class size. man of his word. I am uncomfortable Mr. Speaker, I want to point out that It would have created after-school pro- that we have to say what we have to the support for these repetitive motion grams for 850,000 new students in this say in his presence, because if anyone injuries guidelines has bipartisan sup- country. And as we heard from the gen- blew up the deal, it was certainly not port. It has been referenced that Sec- tleman from Wisconsin, when the nego- his fault. retary Elizabeth Dole, Secretary of tiators wrapped up their discussions at Mr. Speaker, I yield 31⁄2 minutes to Labor Elizabeth Dole has stated, and 1:30 in the morning, they toasted, they the distinguished gentlewoman from these are her words, quote, ‘‘By reduc- shook hands, and then not 12 hours California (Ms. PELOSI). ing repetitive motion injuries, we will later, the leadership on the Republican Ms. PELOSI. Mr. Speaker, I thank increase both the safety and produc- side of the aisle decided to totally re- the gentleman for yielding me this tivity of America’s workforce.’’ She

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.016 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11671 said, ‘‘I have no higher priority than enfranchise their own committee Now we come to a point where we do accomplishing just that.’’ chairmen, they disenfranchise their have some disagreements. We have Secretary of Labor Lynn Martin said, committee members, because they ap- heard a lot of discussion about immi- ‘‘OSHA agrees that ergonomic hazards parently have the right, the supreme gration, blanket amnesties. My grand- are well recognized occupational haz- right to overrule any decision, any mother came from Poland so I deeply, ards and OSHA’s review of the avail- agreement that is democratically ar- deeply respect the fact that this coun- able data has persuaded the agency.’’ rived at in the House or in the Senate. try gave our family a chance to escape She also supported that. Chairman Liv- The time has come for the American from Communism and tyranny, but she ingston did, too. There is bipartisan people to understand that these Repub- came to Ellis Island and she was proc- support. licans leaders could have chosen to essed. She learned to speak English. I say to our colleagues, take ‘‘yes’’ stand with Americans against the She became a registered voter, worked for an answer. HMOs so they could get health care, to at a Travelodge motel all of her life to Mr. OBEY. Mr. Speaker, I yield 3 stand with low wage earners so they raise her daughters. Her husband had minutes to the distinguished gen- could provide for their families, to died. This country has been awfully tleman from California (Mr. GEORGE stand with those workers who are good to our family, Irish-Polish immi- MILLER). threatened by this illness every day. grants, but I do have to question when (Mr. GEORGE MILLER of California Every day 1,500 workers. They could we talk blanket amnesty because it asked and was given permission to re- have stood with the public interest in does cause some consternation for the vise and extend his remarks.) campaign finance reform. But when thousands of immigrants that are try- Mr. GEORGE MILLER of California. they had a chance to choose, each and ing to be processed through INS in my Mr. Speaker, there has been a great every time the Republican leadership office in Florida. The phone is ringing plea for bipartisan behavior on behalf has chosen the narrowest of special in- off the hook saying, does that include of the Republicans and Democrats. Yet terests, the narrowest of special inter- me? Am I allowed to come in as well? as we see the Congress respond where ests against that of the public interest What are the rules for me to be allowed we have a bipartisan agreement on a of American workers, American fami- into this country since they have wait- Patients’ Bill of Rights, to control the lies, and American children. ed 2, 3, and 5 years being fingerprinted, HMOs, to guarantee people the health This is a sad day for this Congress. It being run around in circles trying to care they need, on the minimum wage is a sad day for the legislative process. figure out how to be legal citizens of to make sure the hundreds and hun- But I guess it is a healthy day for Re- this country. dreds of thousands of Americans who publican legislative terrorists. Then the topic of ergonomics, yes, are working at that wage will have the Mr. YOUNG of Florida. Mr. Speaker, there is a difference of opinion; but I ability to provide for their family, on I advised the gentleman that I would still do not understand how the Presi- campaign finance reform, on common tell him if I had another speaker, and I dent left town to go campaign for his sense gun safety provisions, and now on would like to yield to another speaker wife in New York when we have so workplace safety, each and every time now if the gentleman does not want to many pressing issues here before the we achieve that bipartisan agreement, yield time now. I do so because the ac- American public. He vetoed a bill last cusation of legislative terrorists can- we have the Republican leadership night for no apparent reason. coming in and blowing up those agree- not go unanswered. That is so far out Now I am not an appropriator. I am ments. They come in the back door, of the realm of what is right, it is just on the Committee on Ways and Means. they come in the middle of the night, not even something we should consider. I understood, at least from the Speak- they come after everybody has left and But it was said. We did not demand er’s letter today, that there was a cer- they blow up these agreements. They that the words be taken down because tain agreement on that bill, but to find some way to kill it even though a we are trying to keep some comity throw a monkey wrench or a wrench bipartisan majority in the House and here. We are trying to keep this on a into the works, the President chose to basis that we are doing the people’s Senate support these measures. They veto and skidaddle out of town so he business and not out here accusing and blow them up. can try to lift the sails for his wife who calling names. But legislative terror- They are our legislative terrorists. is campaigning for a seat in a State she ists? That goes pretty far. I do not They do not play by the rules. They do does not reside in. not accept the will of the majority. think that we can allow it to go unan- Nonetheless, we are here today to They do not accept bipartisan agree- swered. hopefully get the people’s work done. I Mr. Speaker, I yield 3 minutes to the ments. They do not accept written voted for minimum wage, and it is in gentleman from Florida (Mr. FOLEY). agreements that have been entered Mr. FOLEY. Mr. Speaker, I do take the bill. I voted for Medicare increases, into the record. They do not accept any exception to the statement of legisla- and it is in the bill. Now, I did not of that. Because they are terrorists. tive terrorism. Obviously, we have re- bring in HMOs. I do not like them. They are legislative terrorists. They cently experienced terrorism very real HMOs, to me, stands for ‘‘healthy have made a decision. It will be their and very hurtful to citizens of our members only,’’ but yet our citizens in way or no way. They could have chosen country on the U.S.S. Cole, and to link every district in America cry for satis- to side with the American public and deliberation on very important issues faction and want their managed care protect the workers, the 1,500 workers before the American public to a ter- plans because they have prescription a day that are disabled because of inju- rorist-type activity, I think, is regret- drugs and eyeglasses. That is in the ries, because of repetitive motion, table and it is shameful. bill. workers who will not be able to pick up Marriage penalty has been vetoed. So their children at the end of the day, b 1900 many other things have been vetoed I workers who will lose their earning ca- There are differences of opinion that cannot even keep score any longer. But pacity to provide for their families, are arising today in this Chamber I would suggest, Mr. Speaker, that the whether or not Halloween is as nice as about the direction of this country, harsh rhetoric needs to stop. Members it could have been or whether Christ- and as one who has voted on so many do, in fact, want to be home with their mas will be as nice or whether or not issues that the minority has supported families tonight and certainly through they will be able to buy school supplies I would like to stand up and say I am the weekend and on to November 7; but for their children because their hours always looking for common ground. control of the House is not that impor- have been diminished because of that When it was hate crimes, I signed on to tant on either side of the aisle to make kind of injury. the bill. When it was patients’ bill of words like legislative terrorism part of And each and every time we have rights, I signed on and actively sup- the demeanor and discourse tonight. So reached an agreement to protect these ported it, one of 27 Republicans. When I hope in the waning hours tonight that workers in the workplace, they come in it was campaign finance reform Shays- those who are negotiating, and I com- in the middle of the night and blow Meehan, I was there 100 percent, voting mend again our chairman, the gen- those agreements up. They disenfran- for no amendments but the Shays-Mee- tleman from Florida (Mr. YOUNG), chise Members of the House, they dis- han legislation. whose wife, Beverly, and their two sons

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.019 pfrm02 PsN: H31PT1 H11672 CONGRESSIONAL RECORD — HOUSE October 31, 2000 have gone without their daddy for ber of Commerce. They have shifted and our children. And less than 12 many, many a week trying to bring millions of dollars of funds to the phar- hours later, as we heard, you blew up some comity to this process, he has ne- maceutical industries to keep us from the bipartisan agreement out of the gotiated in, I think, very genuine good bringing the cost of prescription drugs water. Apparently you rejected the faith; and so we remain at gridlock down with a television ad campaign. worker safety provisions because busi- over two or three remaining issues. Do not take my word for it. You are ness lobbyists told you they would not I think it is sad. I think it is sad that seeing it every day on TV. They do not have it that way, and maybe you did grown men and women who have been want to bring the costs of prescription not like the increased education fund- sent from their districts around Amer- drugs down. This is what the U.S. ing that we had finally agreed on to- ica cannot sit around the table and Chamber is doing. They ran the bill by gether when it went to your leadership. craft something that would make sense these folks, and they are funding their Bipartisanship requires keeping your to everyone and not tie it up over one campaigns so all bets were off. So we word, and it starts with a majority or two issues. are back at square one. That is what is that controls the agenda of this House, There will be an election November 7. at issue here. and I would remind Governor Bush that There will be a new President. There Repetitive motion hazards are the if he wants to have some bipartisanship will be a new Congress, be it Repub- biggest safety and health problem in call the majority, pick up the phone, lican or Democratic, and some of these the workforce today. They account for we can get this business done, and tell issues will get resolved then; but to sit nearly a third of all serious job-related your party’s leaders, here in the House here and think you are winning some injuries. More than 600,000 workers suf- and in the other body, to start getting strategy by creating these types of ar- fered serious workplace injuries. to work on behalf of the American peo- guments I think is a sad day, and I Women workers are particularly af- ple. You have produced the most dys- again urge every person listening to fected. Women make up 46 percent of functional Congress in memory. our voices to come together in a spirit the overall workforce. Women ac- The New York Times just reported that I think is in this Chamber, a spirit counted for 63 percent of all repetitive that this is the latest the Congress has of patriotism that we can lead, that we motion injuries. Seventy percent have ever met since post World War II for can move, that we can resolve and that reported carpal tunnel cases in 1997. the latest adjournment date, and on we can establish the principle of good These injuries are expensive. They cost Halloween. This is the ultimate trick government here tonight for future our economy $15 billion to $20 billion a on the American people and it is the generations. year in medical costs. We do not need ultimate treat to big business. Mr. OBEY. Mr. Speaker, may I in- any more studies. We do not need to ANNOUNCEMENT BY SPEAKER PRO TEMPORE quire, does the gentleman from Florida delay. The SPEAKER pro tempore (Mr. (Mr. YOUNG) intend to yield to any fur- People deserve the same kind of pro- PEASE). Members are reminded that re- ther speakers? tections as machinery. Good business marks in the Chamber are to be ad- Mr. YOUNG of Florida. Mr. Speaker, practice shows us this makes no sense dressed to the Chair and not to persons if the gentleman would yield, I would to overwork, overstress equipment, outside the Chamber. advise the gentleman from Wisconsin causing it to break down. We need to Mr. OBEY. Mr. Speaker, I yield 2 (Mr. OBEY) that if there are any more treat our workers the same way. But minutes to the distinguished gen- suggestions of legislative terrorists or the issue is, the Republican leadership tleman from New Jersey (Mr. anything of that nature, I very likely has hijacked patients’ bill of rights, PALLONE). will; but as far as the issues, we have campaign finance reform, gun safety, Mr. PALLONE. Mr. Speaker, I find it debated them at least 69 times in the minimum wage, now worker protec- very sad when I listen to the dialogue last month; and I do not intend to get tions, because they do not support from my colleagues on the Republican back into that debate again. If there workers or want to protect them. side because when I listen to my col- are some other outbursts like we heard Mr. OBEY. Mr. Speaker, I yield 2 league, the gentleman from Florida here on legislative terrorists, which is minutes to the distinguished gen- (Mr. FOLEY), and also the chairman of just not acceptable, we would defi- tleman from New Jersey (Mr. MENEN- the Committee on Appropriations, I nitely respond to that. DEZ). think that they really do want to come Mr. OBEY. Mr. Speaker, I do not Mr. MENENDEZ. Mr. Speaker, my to an agreement and they would like to know what the gentleman will define colleague, the gentleman from Florida see this agreement on the Labor HHS as outbursts. I would suggest since he (Mr. FOLEY), talked about immigrants; bill come to fruition. The problem is has much more time remaining than I but the bill the Republicans blew up they cannot because of the special in- do, if he intends to yield to any other had nothing to do with immigrants. terests. speakers that he do so. And I would hope that we would stop They negotiated on the other side in Mr. YOUNG of Florida. Mr. Speaker, using immigrants on this floor as a good faith and they came to an agree- I reserve the balance of my time. scapegoat for Republican inability to ment that would allow these worker Mr. OBEY. Mr. Speaker, I yield 2 get their business done. safety rules to go into effect, but then minutes to the distinguished gentle- You spoke about the President. John they go back and the U.S. Chamber of woman from Connecticut (Ms. Podesta, his chief of staff is here, Jack Commerce, the business interest, says DELAURO). Lew, the people who negotiate directly no we cannot do it because we do not Ms. DELAURO. Mr. Speaker, the sad are here; and they have the authority want you to protect the workers. We fact is that the Republican leadership to make a deal. And they are ready to are giving you the money for the cam- of this Congress refuses to protect do it and they made a deal and you paigns. We are the special interests. American workers. They do not iden- broke it. You cannot do it for the average per- tify with America’s workers, with their Now, after 3 days of no negotiations son. We saw the same thing. My col- economic well-being, or with their with Democrats on education, Repub- league, the gentleman from Florida, health concerns. They have been op- licans and Democrats met Sunday talked about the patients’ bill of rights posed to raising the minimum wage, night and they worked out a landmark and how we supported the Norwood- and they are opposed to sensible work education bill that included full fund- Dingell bill; but after it passed, the safety standards. Twenty-four hours ing towards 100,000 new teachers, HMOs said, no, we cannot have that be- ago, we had a deal. This was the White teacher training, after-school pro- cause that is going to help the people House, Democrats, Republicans. They grams, a $1.3 billion school construc- and we cannot make any money. So came to an agreement on the issue of tion and school modernization program you cannot do it. You forget it even if worker safety standards and a variety and, yes, safety for workers on the job. you care about the people. of other issues, but then the Repub- It was a package Democrats could be We saw the same thing with Medicare lican leadership ran the agreement by proud of because it addressed the most prescription drugs. Maybe some of the United States Chamber of Com- pressing needs of local communities; them would like to see a prescription merce, who I might add, let me say and it promised to help our public drug benefit under Medicare. I have no what they are doing today, the Cham- schools lift them up, help our parents doubt that some of my colleagues on

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.023 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11673 the Republican side would love to see patients; they have said to her, ‘‘Sorry, or ‘‘budget deal torpedoed by the that, but they cannot do it because the you are not important enough.’’ We are GOP.’’ That is not true. That is a head- pharmaceutical industry says, no, no, not going to protect you.’’ They have line. That headline was not written in no, no, we cannot make any money. said that to many other workers. any conference meeting that I was in. That is going to hurt us. We are not b 1915 And I think what it does is it just going to be able to finance your cam- proves once again that we should com- paigns. We are not going to be able to Mr. Speaker, this is pure and simple municate with each other, not through run the ads. So what does it say? Oh, another bipartisan agreement which the media. Whoever wrote that head- sure, you may want to help. Maybe had been reached after much hard slog- line, I guarantee my colleagues, was even the leadership wants to help, but ging, which is now being arbitrarily not in that negotiating session that we you cannot because you are in the tossed overboard because the leader- had until 1 o’clock Sunday night. They pockets of the special interests, the ship says ‘‘no.’’ That is unfortunate; were not there. The deal was not corporate interests, the pharma- and that, unfortunately, defines this torpedoed. ceuticals, whoever it happens to be, the session. Let me explain. Everybody pay at- insurance companies. So I feel great regret about this, but tention to this. I want my colleagues Well, it says a lot about what you until the majority leadership decides to know exactly what it was that sup- can accomplish here in the majority to practice the bipartisan cooperation posedly torpedoed the deal. We have party. You cannot accomplish any- that it preaches, we are stuck here heard so much talk about the language thing for the little guy. You cannot with a blown-up agreement that could on the ergonomics that postpones the help the senior who wants prescription have been, in fact, a landmark piece of implementation. drugs. You cannot help the person who legislation for this session. Now, in our negotiations, we agreed is suffering from HMO abuses. You can- Mr. OBEY. Mr. Speaker, I yield back that we would allow time for the new not help the individual that the gen- the balance of my time. President, whoever that new President tleman from Wisconsin (Mr. OBEY) Mr. YOUNG of Florida. Mr. Speaker, might be, to make a decision on these showed that is having problem with I yield myself the balance of the time. rules; and we also at one point gave their hands and cannot work because of I would say to our colleagues that it him until June of next year to imple- this repetition. You cannot do it. Be is interesting to negotiate with the ment or not implement. honest. Explain to the American people gentleman from Wisconsin (Mr. OBEY), Now, we agreed on that; and we still that you cannot help the little guy. the distinguished ranking minority agree on that. That is still our posi- You cannot help us with the problems member on the Committee on Appro- tion. Now, where we had a bit of a prob- that the American people face because priations. He negotiates in good faith. lem is when the labor lawyers took a you are in the pocket of the special in- We have some very strong differences look at the language. They said, wait a terests, and they say what to do even which have been established through- minute, that is not what it does. So we after you have negotiated the agree- out the years, but he does negotiate in thought maybe we better consult with ment. good faith and he keeps his word. But our lawyers and find out how to write Mr. YOUNG of Florida. Mr. Speaker, to suggest that all of those negotia- this language to make sure it does I reserve the balance of my time for a tions have been useless and have gone what we agreed to do. closing statement. to naught is just not accurate. When So that is where we are. The deal is Mr. OBEY. Mr. Speaker, I yield my- we do negotiate at our level, then obvi- not torpedoed. This issue is out there; self 2 minutes and 15 seconds. ously, I take what the product is to my and, of course, there are still some out- Mr. Speaker, I do not think the issue leadership. That is the way the system standing issues that have not been re- here tonight is legislative terrorism. I works. solved yet that the gentleman from think it is legislative obstructionism Mr. OBEY. Mr. Speaker, will the gen- Wisconsin and I did not resolve during by the leadership of this House. The tleman yield? our negotiating session. But the deal is fact is that on prescription drugs, on Mr. YOUNG of Florida. I yield to the not torpedoed, I will say that again. the patients’ bill of rights, on cam- gentleman from Wisconsin. Mr. OBEY. Mr. Speaker, will the gen- paign finance reform, and on several Mr. OBEY. Mr. Speaker, is it not true tleman yield? other issues we have a bipartisan ma- that at the beginning of the negotia- Mr. YOUNG of Florida. I yield to the jority, but in each of those cases the tions 2 nights ago, our side asked both gentleman from Wisconsin. will of that majority has been ob- the gentleman from Florida (Mr. Mr. OBEY. Mr. Speaker, is it not true structed by the leadership that has pre- YOUNG) and Senator STEVENS if you that both sides spent almost 4 hours vented us from coming to closure on had full authority to negotiate all re- negotiating the language of that one any of those issues. maining issues, and the answer was item; and that many times, both nego- Now we have one more. We had an yes? Is that not true? tiators left the room to consult with opportunity to close the appropriations Mr. YOUNG of Florida. Mr. Speaker, the lawyers? And is it not further true cycle with one of the best bipartisan that is correct. I would say to the gen- that after we had the Merlot and toast- legislative agreements of the year, and tleman that we did just that, and we ed the agreement, is it not true that instead the leadership decided to pull negotiated a settlement that we the only two remaining issues were two the rug out from under a bipartisan ne- thought was a fair settlement. It did language issues, one on snowmobiles gotiated agreement. They decided to not provide everything that I wanted, and one on Alaska seals? say to Wanda Jackson, whose fingers and I know it did not provide every- Mr. YOUNG of Florida. Well, Mr. have almost turned into claws and can- thing that the gentleman from Wis- Speaker, I would respond to the gen- not lift anything heavier than a milk consin wanted; but it was a com- tleman that I do not think that is ac- carton because of hours of punching promise, it was a negotiated settle- curate. I did not leave the room to con- numbers in a computer, ‘‘Sorry, you ment. sult with any lawyer. There were two are not important.’’ They said to Walt But as I started to say, under our lawyers on our negotiating side. Sen- Frasier, who had to lift one chicken process, then I take that product to my ator STEVENS is a lawyer, and the gen- every two seconds, 10,000 birds over an leadership, the same as the gentleman tleman from Illinois (Mr. PORTER), the 8-hour shift every day, who now has from Wisconsin takes to his leadership. chairman of the subcommittee, is a had three operations on his hands and Also, he communicates with the White lawyer. And as the gentleman from cannot work anymore, they have had House, and we do that as well. We have Wisconsin (Mr. OBEY) has suggested, we to say, ‘‘Sorry, you are not as impor- spent a lot of time with White House wrote that language for 3 or 4 hours, tant as big business.’’ representatives during this negotiating and we wrote the language, I think, at They say to Ursula Stafford, a 24- period. But to say that we are both sat- least seven times; but we all wrote the year-old para professional who was told isfied with everything is just not true. language trying to get us to the point by her doctor she may never be able to But here is where the rub comes. So that the law would say that the new support a pregnancy because of a herni- much has been said tonight about the President who is elected next week ated disk that she suffered from lifting fact that the GOP torpedoed the deal, would be able to make the decision

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.026 pfrm02 PsN: H31PT1 H11674 CONGRESSIONAL RECORD — HOUSE October 31, 2000 whether or not to implement these day after day after day he wakes up to Dreier Lampson Riley Duncan Largent Rivers rules, and that this could take as long the very same day over and over and Edwards Larson Rodriguez as until June of next year. over again. But, the way the movie Ehlers Latham Roemer Now, apparently some other lawyers ended, he went on to a new day and Ehrlich LaTourette Rogan decided the agreement was okay; and continued life after those many, many Emerson Leach Rogers Engel Lee Rohrabacher our leadership decided, hey, that agree- days of just repeating over and over English Levin Rothman ment is fine, but the language as it was again, by falling in love, and then he Eshoo Lewis (CA) Roukema written in the view of the labor law- woke up the next day and everything Evans Lewis (GA) Roybal-Allard yers did not accomplish what we in- was like it should be. Everett Lewis (KY) Royce Ewing Linder Rush tended to accomplish. If we can show a little more love and Farr Lipinski Ryan (WI) So on that, we have a little work yet; compassion, a little more spirit of de- Fattah LoBiondo Ryun (KS) but we are working on it. termination to work together for the Filner Lofgren Sabo Sanchez It was also suggested that we ought people that we represent, it is amazing Fletcher Lowey Foley Lucas (KY) Sanders not to be so partisan, and I really enjoy how much we could get accomplished Fossella Lucas (OK) Sandlin hearing the speakers on that side of here. Just as President Clinton said: Frank (MA) Luther Sawyer the aisle talk about partisanship. I do Frelinghuysen Maloney (CT) Saxton ‘‘Again, we have accomplished so much Schaffer not think we have raised any partisan Frost Maloney (NY) in this session of Congress in a bipar- Gallegly Manzullo Schakowsky issues. I have not attacked the Demo- tisan fashion. It has been one of the Ganske Markey Scott crats; that is just not my style. I have most productive sessions.’’ President Gejdenson Martinez Sensenbrenner Gekas Mascara Serrano worked all year, and last year as chair- Clinton. Sessions man, to have as fair and responsible re- Gibbons Matsui Mr. Speaker, I ask for a ‘‘yes’’ vote Gilchrest McCarthy (MO) Shadegg lationship with both sides as I could on the resolution, and I yield back the Gillmor McCarthy (NY) Shays possibly accomplish, and I think we balance of my time. Gilman McDermott Sherman Gonzalez McGovern Sherwood have done a pretty good job there. The SPEAKER pro tempore (Mr. Shimkus Goode McHugh Mr. Speaker, let me tell my col- Shows PEASE). All time for debate has ex- Goodlatte McInnis Shuster leagues who else thinks we did a pretty pired. Goodling McIntyre Simpson good job. The President of the United Gordon McKeon The joint resolution is considered as Sisisky Goss McKinney States yesterday in his press con- Skeen having been read for amendment. Graham McNulty Skelton ference said: ‘‘Again, we have accom- Pursuant to House Resolution 662, Granger Meehan Slaughter plished so much in this session of Con- Green (TX) Meek (FL) the previous question is ordered. Smith (MI) Green (WI) Menendez gress in a bipartisan fashion. It has The question is on the engrossment Smith (NJ) Gutierrez Mica been one of the most productive ses- Smith (TX) and third reading of the joint resolu- Millender- Gutknecht Smith (WA) sions.’’ That was President Clinton tion. Hall (OH) McDonald who said that. Did everybody hear Snyder The joint resolution was ordered to Hall (TX) Miller (FL) Souder that? Just in case my colleagues did be engrossed and read a third time, and Hansen Miller, Gary Spence not hear it, let me read it again. He Hastings (WA) Minge Stabenow was read the third time. Hayes Mink said, ‘‘Again, we have accomplished so Stearns The SPEAKER pro tempore. The Hayworth Moakley Stenholm much in this session of Congress in a question is on the passage of the joint Hefley Moore Strickland bipartisan fashion. It has been one of resolution. Herger Moran (KS) Stump the most productive sessions.’’ Hill (IN) Moran (VA) Sununu The question was taken; and the Hilleary Morella Well, I do not agree with everything Sweeney Speaker pro tempore announced that Hinchey Murtha Tancredo the President says, but I tend to agree the ayes appeared to have it. Hinojosa Myrick Tanner Hobson Nadler with that. Mr. OBEY. Mr. Speaker, I object to Tauscher Mr. OBEY. Mr. Speaker, will the gen- Hoeffel Napolitano Tauzin the vote on the ground that a quorum Hoekstra Neal tleman yield? Taylor (MS) is not present and make the point of Holden Nethercutt Terry Mr. YOUNG of Florida. I yield to the Holt Ney order that a quorum is not present. Thomas gentleman from Wisconsin. Hooley Northup Thompson (CA) The SPEAKER pro tempore. Evi- Mr. OBEY. Mr. Speaker, does the Horn Norwood Thompson (MS) dently a quorum is not present. Houghton Nussle gentleman believe everything the Thornberry The Sergeant at Arms will notify ab- Hoyer Oberstar Thune President says? Hulshof Obey sent Members. Thurman Mr. YOUNG of Florida. I think I just Hunter Olver Tierney The vote was taken by electronic de- answered that question. Hutchinson Ortiz Toomey Hyde Owens Mr. Speaker, I would suggest that I vice, and there were—yeas 361, nays 13, Traficant not voting 58, as follows: Inslee Oxley Turner believe that about as often as the gen- Istook Packard Udall (CO) tleman from Wisconsin does, and I do [Roll No. 585] Jackson (IL) Pallone Udall (NM) not think that is news to anybody. YEAS—361 Jackson-Lee Pascrell Upton (TX) Pastor Velazquez Now, Mr. Speaker, we should all be Abercrombie Blumenauer Coble Jefferson Paul Vitter very thankful that this political season Ackerman Boehlert Coburn Jenkins Payne Walden is about over, because once the election Aderholt Boehner Combest John Pease Walsh Allen Bonilla Condit Johnson (CT) Pelosi Wamp is behind us, then we are going to find Andrews Bonior Cook Johnson, E. B. Peterson (MN) Watkins that we can get back to the business of Armey Bono Cooksey Johnson, Sam Peterson (PA) Watt (NC) doing the people’s business. We will not Baca Boswell Cox Jones (NC) Petri Watts (OK) Bachus Boyd Coyne need to use the floor of the House of Jones (OH) Pickett Weiner Baker Brady (PA) Cramer Kanjorski Pitts Weldon (FL) Representatives for campaigning. We Baldacci Brady (TX) Crane Kaptur Pombo Weldon (PA) will put the people above the politics, Baldwin Bryant Crowley Kasich Pomeroy Weller and that is good. We need to get back Ballenger Burr Cubin Kelly Porter Wexler Barcia Burton Cummings Kildee Price (NC) Weygand to that. Barr Buyer Cunningham Kilpatrick Pryce (OH) Whitfield Somebody mentioned the other day Barrett (NE) Callahan Davis (FL) Kind (WI) Quinn Wicker that this was like a scene from the Barrett (WI) Calvert Davis (IL) King (NY) Radanovich Wilson Bartlett Cannon Davis (VA) movie ‘‘Groundhog Day.’’ If my col- Kleczka Rahall Wolf Bass Capps Deal Knollenberg Ramstad Woolsey leagues saw the movie ‘‘Groundhog Becerra Cardin Delahunt Kolbe Rangel Wu Day,’’ Bill Murray is the main char- Bentsen Carson DeLauro Kucinich Regula Young (AK) acter and he is a weather reporter for a Bereuter Castle DeLay Kuykendall Reyes Young (FL) Berkley Chabot Deutsch LaHood Reynolds Pittsburgh news station, and he travels Berman Chambliss Diaz-Balart to Punxsutawney to do a story on Berry Chenoweth-Hage Dicks NAYS—13 Punxsutawney Phil coming out of his Biggert Clay Dixon Bilirakis Clayton Doggett Baird Costello Ford cave and giving a prediction on the Bishop Clement Doolittle Barton DeFazio weather, but something happens, and Bliley Clyburn Doyle Capuano Dingell

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.031 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11675 Hilliard Miller, George Stupak the House to the amendments of the and send me, without further delay, LaFalce Phelps Visclosky Senate to the bill (H.R. 1550) ‘‘An Act balanced legislation I can sign. NOT VOTING—58 to authorize appropriations for the WILLIAM J. CLINTON. Archer Forbes Ose United States Fire Administration for THE WHITE HOUSE, October 30, 2000. Bilbray Fowler Pickering fiscal years 2000 and 2001, and for other The SPEAKER pro tempore (Mr. Blagojevich Franks (NJ) Portman SUNUNU). The objections of the Presi- Blunt Gephardt Ros-Lehtinen purposes.’’. Borski Greenwood Salmon The message also announced that the dent will be spread at large upon the Boucher Hastings (FL) Sanford Senate has passed a bill and a concur- Journal, and the message and the bill Brown (FL) Hill (MT) Scarborough will be printed as a House document. Brown (OH) Hostettler Shaw rent resolution of the following titles GENERAL LEAVE Camp Isakson Spratt in which the concurrence of the House Campbell Kennedy Stark is requested: Mr. YOUNG of Florida. Mr. Speaker, Canady Kingston Talent S. 2924. An act to strengthen the enforce- I ask unanimous consent that all Mem- Collins Klink Taylor (NC) bers may have 5 legislative days within Conyers Lantos Tiahrt ment of Federal statutes relating to false Danner Lazio Towns identification, and for other purposes. which to revise and extend their re- DeGette McCollum Waters S. Con. Res. 158. Concurrent resolution ex- marks on the veto message of the DeMint McCrery Waxman pressing the sense of Congress regarding ap- President to the bill H.R. 4516, and that Dickey McIntosh Wise propriate actions of the United States Gov- I may include tabular and extraneous Dooley Meeks (NY) Wynn ernment to facilitate the settlement of material. Dunn Metcalf claims of former members of the Armed Etheridge Mollohan The SPEAKER pro tempore. Is there Forces against Japanese companies that objection to the request of the gen- b 1948 profited from the slave labor that those per- tleman from Florida? So the joint resolution was passed. sonnel were forced to perform for those companies as prisoners of war of Japan during There was no objection. The result of the vote was announced MOTION OFFERED BY MR. YOUNG OF FLORIDA as above recorded. World War II. The message also announced that the Mr. YOUNG of Florida. Mr. Speaker, A motion to reconsider was laid on I move that the message together with Senate agrees to the report of the com- the table. the accompanying bill, be referred to mittee of conference on the disagreeing f the Committee on Appropriations. votes of the two Houses on the amend- The SPEAKER pro tempore. The gen- COMMUNICATION FROM THE ment of the House to the bill (S. 2796) CLERK OF THE HOUSE tleman from Florida (Mr. YOUNG) is ‘‘An Act to provide for the conserva- recognized for 1 hour. The SPEAKER pro tempore laid be- tion and development of water and re- Mr. YOUNG of Florida. Mr. Speaker, fore the House the following commu- lated resources, to authorize the Sec- I yield the customary 30 minutes to the nication from the Clerk of the House of retary of the Army to construct var- gentleman from Wisconsin (Mr. OBEY) Representatives: ious projects for improvements to riv- for the purpose of debate only on the HOUSE OF REPRESENTATIVES, ers and harbors of the United States, consideration of this motion, pending OFFICE OF THE CLERK, and for other purposes.’’. Washington, DC, October 31, 2000. which I yield myself 1 minute. Hon. J. DENNIS HASTERT, f Mr. Speaker, I yield myself 1 minute The Speaker, House of Representatives, Wash- just to suggest that if we want to expe- ington, DC. LEGISLATIVE BRANCH APPRO- dite the consideration and if we want DEAR MR. SPEAKER: Pursuant to the per- PRIATIONS ACT, 2001—VETO MES- to conclude the negotiations on all of mission granted in Clause 2(h) of Rule II of SAGE FROM THE PRESIDENT OF these final appropriations bills, and the Rules of the U.S. House of Representa- THE UNITED STATES—(H. DOC. there was only one left, but now there tives, I have the honor to transmit a sealed are two because the President sent us envelope received from the White House on NO. 106–306) this veto, we would like to expedite it Monday, October 30, 2000 at 11:20 p.m., and The SPEAKER pro tempore laid be- and we do so by referring this veto said to contain a message from the President fore the House the following veto mes- message and the bill back to the Com- whereby he returns without his approval, sage from the President of the United mittee on Appropriations. I think it is H.R. 4516, The Legislative Branch and The States. Treasury and General Government Appro- as simple as that. I do not think we To the House of Representatives: priations Act, 2001. need to take a lot of time on this issue. Sincerely yours, I am returning herewith without my Mr. Speaker, in the event that we do JEFF TRANDAHL, approval, H.R. 4516, the Legislative require additional time, I ask unani- Clerk of the House. Branch and the Treasury and General mous consent that the gentleman from f Government Appropriations Act, 2001. Arizona (Mr. KOLBE), who is chairman This bill provides funds for the legisla- of the Subcommittee on Treasury, MESSAGE FROM THE SENATE tive branch and the White House at a A message from the Senate by Mr. Postal Service and General Govern- time when the business of the Amer- ment Appropriations, that he be per- Lundregan, one of its clerks, an- ican people remains unfinished. nounced that the Senate has passed mitted to control the time on our side. The Congress’ continued refusal to The SPEAKER pro tempore. Is there without amendment a bill and a joint focus on the priorities of the American objection to the request of the gen- resolution of the House of the following people leaves me no alternative but to tleman from Florida? titles: veto this bill. I cannot in good con- There was no objection. H.R. 5410. An act to establish revolving science sign a bill that funds the oper- Mr. KOLBE. Mr. Speaker, I yield my- funds for the operation of certain programs ations of the Congress and the White self such time as I may consume. and activities of the Library of Congress, and House before funding our classrooms, Mr. Speaker, I would agree with the for other purposes. H.J. Res. 121. Joint Resolution making fur- fixing our schools, and protecting our gentleman from Florida that we do not ther continuing appropriations for the fiscal workers. need to use too much time. However, I year 2001, and for other purposes. With the largest student enrollment do think we need to use some time to The message also announced that the in history, we need a budget that will talk a little bit about this veto, which Senate has passed with amendment in allow us to repair and modernize crum- comes as a stunning surprise to some which the concurrence of the House is bling schools, reduce class size, hire of us. And also so that the American requested, a bill of the House of the fol- more and better trained teachers, ex- public and the Members of this body lowing title: pand after-school programs, and understand what is in this bill that has H.R. 2346. An act to authorize the enforce- strengthen accountability to turn been vetoed, so that, as we consider ment by State and local governments of cer- around failing schools. this again, we will be able to consider tain Federal Communications Commission I would sign this legislation in the those provisions very carefully. regulations regarding use of citizens band context of a budget that puts the inter- Mr. Speaker, last night, when the radio equipment. ests of the American people before self President vetoed the Legislative and The message also announced that the interest or special interests. I urge the Treasury-Postal and General Govern- Senate agrees to the amendments of Congress to get its priorities in order ment Appropriations bill, he did more,

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.099 pfrm02 PsN: H31PT1 H11676 CONGRESSIONAL RECORD — HOUSE October 31, 2000 in my view, than simply prolong the ice’s new initiative, the National politics of education funding than he ongoing negotiations between the Threat Assessment Center to help us does on protecting our borders, on White House and the Congress on the identify and prevent youngsters that fighting the war on drugs, in keeping remaining appropriations measures. He might commit violence in and around guns out of schools, in countering ter- has jeopardized the funding that we schools. rorism. have in this bill for our Mr. Speaker, I do not see how the The President has vetoed the bill counterterrorism efforts, funds to keep items I have just described here are, that funds 100 percent of our Nation’s our borders safe, programs to keep ‘‘special interest items.’’ These pro- border safety in order to make polit- guns out of schools, programs to trace grams reflect the interests of all Amer- ical points about a bill that funds 7 guns in violent crimes, the jobs of more icans, not just a few. All of us have a percent of our Nation’s education fund- than 150,000 Federal employees, includ- stake in the safety of our borders. All ing. ing one-third of all Federal law en- of us have a stake in the war on drugs This is a sad day. This bill, which has forcement, and he has jeopardized our and in keeping guns out of our schools. been worked on and a compromise has Nation’s war against drugs. On July 27, when the House passed been reached, and is a good bill for the The President himself has stated this bill, the Administration indicated agencies that we have under our juris- that there is nothing wrong with the they had several concerns regarding diction. It is sad that it is was vetoed. bill in its current form. In fact, he pre- proposed funding levels for different I hope we can get a quick agreement viously stated that, after we made programs. Specifically, they said that with the Administration on this. some changes, changes that were in- they felt they needed another $225 mil- Mr. Speaker, I yield 1 minute to the cluded in the Transportation appro- lion for an additional 5,670 IRS employ- gentleman from California (Mr. THOM- priations bill, he would sign this meas- ees, and they signalled that, unless AS). ure. that was provided, they would veto this Mr. THOMAS. Mr. Speaker, I just However, he has now chosen to veto measure. want to understand, because the gen- it because it funds the legislative So we sat down. We negotiated in tleman from Arizona (Mr. KOLBE) went branch and the White House ‘‘at a time good faith with the White House. The through a lengthy list of programs, ex- when the business of the American peo- House, the Senate, the Republicans and tremely important ones, and identified ple remains unfinished.’’ He has failed the Democrats on both sides of this dollar amounts associated with those to sign this perfectly good bill because Congress, on both sides of this aisle. programs. of ongoing discussions relating to edu- We added the funds for the IRS. It was I believe it was implicit, but I think cation funding and ergonomics, issues not everything that the Administra- we really need to understand that that have nothing to do with the bill tion asked for, but we also added other every one of those programs were that he vetoed. funds for other important programs. placed in this by bipartisan agreement It seems to me that the President’s After we did this so-called fix, which and every one of the funding numbers veto is more about making political the President signed into law as part of were agreed to in those programs that statements than it is about making the Transportation Appropriations bill the gentleman mentioned by bipartisan good public policy. Mr. Speaker, if we on October 23, we were told that the agreement. Is that correct? want to get the work of this Congress Mr. KOLBE. Mr. Speaker, if the gen- done, we have to take these bills one at President would sign this bill. tleman will yield, that is absolutely a time. Indeed, I might have thought that correct. The amounts in there are not The President’s veto message claims the comment that the President made that these bills reflect ‘‘self interest or yesterday at his press conference when exactly as we would have wanted. In special interests.’’ Let us be clear he said, ‘‘again we have accomplished some cases, we would have wanted about what the President is talking so much in this session of Congress in something lower, maybe a couple of about here. The Treasury appropria- a bipartisan fashion. It has been one of cases even higher. In other cases, the tions bill provides, among other things, the most productive sessions.’’ I might President wanted more money, as he these items: have thought that he was talking did for the IRS. But it was an agree- $2.25 billion for the Customs Service, about our bill, a bill he would have ment. It was a compromise. including increases for expanded anti- been preparing to sign. Mr. THOMAS. Mr. Speaker, when the forced child labor, money to attack Obviously, as the hour of midnight bill left, it was a bipartisan agreement. drug smuggling groups, and new agents approached, we found out that it was to Mr. KOLBE. Correct. and infrastructure for northern border be otherwise. The President’s veto mes- Mr. THOMAS. On the programs and security; sage says that he will not sign this bill the amount. $467,000 for the National Center for until we fund our classrooms, fix our Mr. KOLBE. That is correct. Missing and Exploited Children, includ- schools, protect our workers. The Mr. Speaker, I reserve the balance of ing the use of forensic technologies to President has once again moved the my time. reunite families; goalpost in regard to the Treasury ap- Mr. OBEY. Mr. Speaker, I yield such $62 million to expand the Integrated propriations bill. time as he may consume to the gentleman from Maryland (Mr. HOYER). Violence Reduction Strategy, a pro- b 2000 gram to enforce the Brady law to keep Mr. HOYER. Mr. Speaker, I thank convicted felons from getting guns, to I am extremely disappointed that the gentleman for yielding me this investigate illegal firearms dealers, this Administration has gone back on time. and to join forces with State and local its word to sign this bill and has, in- Mr. Speaker, I voted against the law enforcement and prosecutors to stead, chosen to use it as a vehicle to Treasury-Postal bill when it originally fully investigate and prosecutor offend- hold Congress hostage and make polit- was presented to the House. I did so be- ers; ical statements regarding funding for cause I thought it was inadequate. It $25 million for nationwide com- education. came back from conference, and I op- prehensive gun tracing; and $185 mil- But, Mr. Speaker, we are here to- posed it at that point in time. We did lion for our drug media campaign to re- night with a vetoed bill, and we are not really have a real conference. But duce and prevent youth drug use. prepared to get this work done. Unfor- to the extent that a conference report This bill also includes $186 million for tunately, I notice that the President of came back, I said it was inadequate, Customs automation, an item that im- the United States is in Louisville, Ken- and I opposed it. porters have been clamoring for. This tucky, for a congressional candidate The gentleman from Arizona (Mr. bill provides funds to begin an imme- and then doing a fund-raising event in KOLBE) rises, and I think correctly diate investment in our automated New York City for the First Lady. How states the provisions of this bill. I commercial environment program, a do we expect to get this work done think he also correctly states that we system that will help us to efficiently when we are here and the President is did, in fact, reach bipartisan agreement enforce our trade laws. out on the campaign trail? on this bill, and that in fact the bill, as And finally, this bill includes $1.8 I think it is a shame that the Presi- it now stands, as it stood before the million in support of the Secret Serv- dent has placed a higher value on the President, as it stands now is a good

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.039 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11677 bill. It is a bill, in my opinion, that Now, I hope clearly that this bill is That is really not a contentious every Member of this House on either going to go to committee and the veto issue. Most of us on this floor on both side of the aisle can support. will be considered. My suspicion is that sides of the aisle know that we have a It is furthermore a bill that I hope we will at some point in time, hope- shortage of teachers, know that we every Member of the body will support fully in the near term, fold it in. have a shortage of classrooms, know at some point in time in the very near But I would urge all my colleagues that we would like to get classroom future. I am not sure when we are that, when the President says that it is sizes down. We ought to move on that. going to get to that point, but hope- related to other things, his desire, and Most of us say that we are for pre- fully in the near future. I hope our desire, is to get the issues scription drugs for seniors. We have The gentleman from Arizona (Mr. before the House resolved, get the differences on how that ought to occur. KOLBE) also correctly points out, and issues before the Senate resolved, and What the President is saying is we the gentleman from Florida (Mr. send them to the President. ought to come to agreement on that, YOUNG) pointed out, if one reads the We have just had a significant discus- because, frankly, seniors that are hav- veto message, that the President of the sion about the fact that we do not have ing trouble paying for prescription United States says that he can sign agreement on the Labor-Health bill. drugs do not care whether we agree on this bill. In fact, I urged the President The gentleman from Wisconsin (Mr. this dotting of the I’s or the crossing of of the United States to sign this bill. I OBEY), who was in the room, I was not, the T’s. They want us to come to wished he had signed the bill. But he but the gentleman from Wisconsin (Mr. agreement. It is a shame we cannot do chose to make the point which, frank- OBEY), whose integrity I trust wholly, that. ly, we have been making over and over says that he thought they had an I see the gentleman from Georgia again, that, unfortunately, this process agreement. (Mr. NORWOOD) on the floor. The gen- did not come to really focus until just It is my understanding, although the tleman from Georgia (Mr. NORWOOD) a few weeks ago. gentleman from Florida (Mr. YOUNG) and the gentleman form Michigan (Mr. The reason it did not come to focus did not say so in so many words, that DINGELL) came together, worked hard, until a few weeks ago, and I do not he thought there was an agreement, tried to come to agreement. I am sure speak just to the Treasury-Postal bill, but he needed to check it out with the gentleman from Georgia (Mr. NOR- some people. That agreement fell. WOOD) did not get everything in the Pa- it is because, for 81⁄2 months and effec- I would hope that, in the next 24 tively all of September, we pretended tients’ Bill of Rights bill that he would hours, and I see the gentleman from that the appropriations process was have liked. I am equally confident that Texas (Mr. DELAY), the majority whip, not going to be a process in which all the gentleman from Michigan (Mr. DIN- is on the floor. He and I worked to- of us would be party, but it would be a GELL) did not get everything that he gether on a number of things. But I process that simply, frankly, the ma- would like. But they worked together. would hope that we could come to grips Indeed, the majority of this House jority party would be a party of. with the items that the President of Unfortunately, when we did as the agreed with the gentleman from Geor- the United States has said he believes gia (Mr. NORWOOD) and the gentleman gentleman from Arizona (Mr. KOLBE) are priority items. has pointed out, come to agreement, from Michigan (Mr. DINGELL) and Whether one agrees with the veto of passed a Patients’ Bill of Rights. We and agree on a very good bill, we got it the Treasury-Postal bill or not, every- did that in 1999, a year ago. The Senate down there relatively late, i.e., 10 days body agrees that it was not on the sub- passed a similar bill some 11 months ago. stance of the bill. The bill is a good ago. But we do not have agreement. We I would urge the Members, however, bill. It is, however, an effort by the not to become too exercised about this have not moved a bill. On an issue that President of the United States to bring almost every one of us is putting in ads bill. The reason I do that is because I to closure the 106th Congress, to bring of 30 seconds and saying we are for, but believe we do have agreement. What we to closure the 106th Congress in a way we have not moved the bill. do not have agreement on is what the that will bring credit to agreements be- So I would urge my colleagues, as we President discussed in his veto mes- tween the parties. consider this, it is going to go to com- sage, and they are important issues. I referred earlier in discussions about mittee, I hope we do not have a rollcall They are unrelated, at least sub- the appropriations bills to an extraor- vote on. There is nothing we can do stantively, to the Treasury-Postal bill. dinary speech given by Newt Gingrich about it, very frankly, one way or an- But we know and any of us who have on the floor of this House. It was a other. It is a good bill. been in the last weeks of any legisla- speech which I have entitled the ‘‘Per- The President chose to veto it to tive session, and I found this when I fectionist Caucus Speech.’’ It was a raise the issues and try to raise our was in the State Senate for 12 years speech in which he said the American focus and try to bring us to closure. If and I found it here for 19 years, that, public has elected the President of one it accomplishes that objective, perhaps unfortunately, issues tend to get party, a majority party in the House it was useful. It remains to be seen wrapped up with one another that do and Senate of another party, and a whether we will accomplish that objec- not necessarily relate to one another very large and significant number of tive. Had it been signed, we would have substantively but clearly do politi- Members of the President’s party. had a good bill for the Treasury De- cally. It is not surprising, therefore, that partment, the General Service Admin- So I would urge the majority party, I we find ourselves in substantial dis- istration, for law enforcement, to would urge ourselves to try to come to agreement from time to time on sub- which the gentleman from Arizona (Mr. agreement. Now both sides feel that stantive important issues. But as Newt KOLBE) referred, he is absolutely right, agreements are not being kept. That is Gingrich said in that ‘‘Perfectionist to counter terrorism efforts in this not a good context in which to try to Caucus Speech,’’ it is the expectation country. All of those are worthwhile get back to the table. of the American public that we will objectives. The majority party believes the come to agreement, that we will come It is a good bill. But let us not have President said he would sign this bill. I to compromise. this bill further divide us. Let us try to was not in the room, therefore cannot Democracy is not perfect, and rarely come to grips in the next 24 hours with assert that that was or was not the do we win everything that we want. the Labor-Health bill and get that to case. Some others who apparently were But the American public does expect us resolution and see at that point in time in the room and talked to the adminis- to agree. They expect to bring this where we can move. tration said that the administration Congress to a close. We argue on our Mr. Speaker, I thank the gentleman said that they could sign this bill, but, side that they expect us to do some from Wisconsin (Mr. OBEY) for yielding again, I was not in the room, but that things that we have been talking about me the time. I appreciate his giving me they were concerned, they were par- for an entire year and, indeed, longer this opportunity to comment on this ticularly concerned about a particular than that in many instances to which bill, which is a good bill, but comment tax provision, and they wanted to see the President referred, like education as well on the efforts that the gen- all the tax provisions considered at one funding for classrooms and more teach- tleman has been making and that oth- time. ers. ers on the other side of the aisle have

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.042 pfrm02 PsN: H31PT1 H11678 CONGRESSIONAL RECORD — HOUSE October 31, 2000 been making to try to bring us to clo- are made at a local level, not here in that have to pass to wind up this ses- sure, try to bring this Congress to a re- Washington, D.C., with all the strings. sion from passing. spectable close that the American pub- Only about 7 percent of Federal Here is an appropriations bill that we lic will benefit from. money goes down, but a lot of that con- must pass to wind up our business. It is Mr. KOLBE. Mr. Speaker, I yield 5 trols the State and local money. Look one we have agreed on. How can my minutes to the distinguished gen- at special education how that hurts colleagues in good conscience say that tleman from California (Mr. some of the schools and helps people at they are doing anything but filibus- CUNNINGHAM), a member of the com- the same time. But look at title I and tering and involving themselves in ob- mittee. those rules and regulations tie up. structionist actions for purely partisan (Mr. CUNNINGHAM asked and was The President wants Davis-Bacon in reasons when they oppose a bill that given permission to revise and extend this. We feel it is detrimental, it actu- they have agreed to and that the Presi- his remarks.) ally hurts schools, and we cannot bring dent agrees to? Mr. CUNNINGHAM. Mr. Speaker, I ourselves to do that. We have special Now, let me look at the rhetoric that said yesterday, and I still mean it interest groups, as my colleague says. the President brings to the table in his today, most of the Members at this But the Democrats, I think their spe- veto message, because it is not unlike time of the year detest what goes on. It cial interest groups are the unions and what happened on the floor last week, is the silly season. It is election season. the trial lawyers and they support which I think is so fundamentally de- We have some honest differences. I those issues. But the National Federa- structive of our democracy. His rhet- would like to cover just a couple of tion of Independent Businesses, Small oric intentionally mixes information those differences. Business Association, Restaurant Asso- from one bill to another until the pub- I believe with all of my heart that we ciation, they are not bad as some of my lic cannot understand and follow what are right. Maybe they believe that they colleagues think. These are the people is happening in their own democracy. are right on the other side of that that go out and create the jobs for the To say that this bill has to be vetoed issue. When my colleagues talk about people. because we need more money for teach- school construction, many of the Over 90 percent of the jobs are cre- ers is ridiculous. This bill doesn’t fund States have elected not to support ated non-union. And we are saying, let education. That is the issue of the Davis-Bacon or prevailing wage be- the union compete with small business, Health and Human Services, Labor, cause of the increased costs. In some let the best man win, but not have the and Education appropriations (HHS) States, it is 35 percent down to 15 per- increased cost of school construction. bill. It is not the issue of this bill. cent increase in cost. This legislation Now, that is a big deal. This is a big We will argue about whether or not would force those right-to-work States difference between most of us. You feel we need more money for teachers when to have to use the school construction you are right. We feel that we are we discuss the HHS bill. And I am money, using the union wage. right. We see that it helps the schools, proud to say, as a Republican, that we our positions; and we cannot give in to put $2 billion more in the education b 2015 that. And the rhetoric and the cam- function in that bill than the President I think it is detrimental to schools paign stuff that goes back and forth, even asked for, and we allow districts because we could get more money for we have a solid belief, and I want my to use it for teachers if they want to, if schools’ quality. The unions control colleagues to understand that, I believe that is what they need. But some of my about 7 percent of the workforce. it with all of my heart, and that is why school districts do not have classroom About 93 percent of all construction is I think we are here is because of those space, they cannot use this money next done by private. And my friends would differences. year for teachers, but they know ex- say, well, we want those workers to But yet, the President will veto it actly what they need it for, preschool, have a living wage. over that. And I do not know what we summer school, lots of kinds of things Well, the people that build 93 percent are going to do. I do not know how long to help kids who are below grade level of our buildings in this country earn a we will be here, and I think Members to catch up. good wage, and they have good quality. on both sides are willing to stay until What is wrong with flexibility? Do And our position is that, instead of al- we can agree with something. Maybe it you not trust local government? Do the lowing the unions to take the money, is half. Maybe it is whatever it is. Democrats not trust the people of the extra 15 to 35 percent, let us allow Mr. KOLBE. Mr. Speaker, I yield 5 America? Is that why they have to up- our schools and I will support the addi- minutes to the gentlewoman from Con- hold this veto of a different bill on tional money. Let us let our schools necticut (Mrs. JOHNSON). which they agree and the President keep the additional money for more Mrs. JOHNSON of Connecticut. Mr. agrees because they want to hold the construction, for class size reduction, Speaker, I think the people of this other bill hostage and make sure that for teacher pay or training, even tech- great and free democracy need to un- local government in America has no nology, or where they decide, where derstand what is going on here tonight right to say whether they need summer the teachers and the parents and com- because it is unprecedented. No Presi- school to help their high school kids munity can make those decisions. dent, at least in my 18 years as a Mem- who are behind a grade level to catch My colleagues have said that, well, ber of the House of Representatives, up? let us save taxpayers’ money at the has ever vetoed a bill he supports. And Let us go on to their other issue here local level. I worked with the gen- I have never seen the Members of his of worker safety. I am a strong advo- tleman from Michigan (Mr. KILDEE), party vote to support a veto of a bill cate of worker safety. I voted with my one of the finest men in the House, they support or one whose every part Democratic colleagues to make sure when I served on the authorization was agreed to on a bipartisan basis. Of that the ergonomics research went for- committee. He was my chairman the course, not every portion of it is per- ward. How many of my colleagues, and first year and then vice versa; and we fect. They do not love every portion. I am looking at some of them from worked, I think, in one of the best bi- Neither do we. But this was a bipar- parts of the country for whom this is partisan ways. And I have a lot of re- tisan bill where every number was an absolutely incredible reversal of ev- spect for him. I think he is wrong a lot agreed to by Republicans and Demo- erything they ever stood for, how can of times, but I love him. crats working together and where the they vote, how can they hold hostage a But they say, let us save money at a President agreed to it as well. bill we all support to a Presidential po- local level. Alan Bersin was a Clinton It is unprecedented to have a veto sition that will mandate on our States appointee as Superintendent of San message in which the President says he 90 percent reimbursement of salary and Diego City Schools; and he said, Duke, supports the bill. I do not know how in benefits for someone injured by an would you support a local school bond? good conscience my friends on the ergonomics problem? I said, Alan, that is the most Repub- other side of the aisle say they are I have had two carpal tunnel oper- lican thing you could ask me to do be- working to conclude the business of ations, both wrists. If I had been out, cause most the money goes to the this Congress when they support the should I have gotten 90 percent of sal- school and, guess what, the decisions President in preventing the very bills ary and benefits when my friend next

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.043 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11679 to me got his foot crushed with a piece meaningful tax relief for middle class to look out after everyone, and that is of steel and he gets the State rates, Americans. the President of the United States. And which is somewhere between 70 and 75 ‘‘Today, I want to talk about an ap- what the President of the United percent, depending on the State? Are propriations bill that Congress did States said in the words that the gen- you, my colleagues, out of your minds? pass. The Treasury-Postal Bill funds tleman from New Jersey just read is I mean, I am for worker safety, but I these two departments, as well as the that, quote, ‘‘I cannot in good con- am not for unfairness. It is wrong. This operations of Congress and the White science sign a bill that funds the oper- is really important. I brought this up House. Last night, I had no choice but ations of the Congress and the White when we debated this. Unfortunately, to veto that legislation. I cannot in House before funding our classrooms, it was midnight and most of my col- good conscience sign a bill that funds fixing our schools and protecting our leagues were not here. But I asked the operations of Congress and the workers.’’ them to go back and check with their White House before funding our In other words, the gentleman from small businesses to see how they can schools. Arizona is upset because matters of survive or check their State laws and ‘‘Simply put, we should take care of legislative concern such as our offices, see what it would do to have that in- our children before we take care of our- our travel allowances, our staff allow- equity among workers. selves. That’s a fundamental American ances are not settled. In fairness to One can get terribly, terribly injured value, one that all parents strive to him, he did not say that because he is through a construction catastrophe fulfill. I hope the congressional leader- concerned about the Treasury-Post Of- and that injured worker would get the ship will do the same. We can, and we fice bill, but I have had that said to me State’s 70 to 75 percent, whatever their will, fund a budget for Congress, but by a number of Members tonight. All State offers, in Workmen’s Comp. But, first let us take care of the children.’’ the President has said is that I recog- under the President’s proposal, if they I agree with the President. Simply nize that the big fellows in this society, the President and the Congress, get carpal tunnel syndrome, they’d get put, how is it that we would hold our- because that is whose budgets are fund- 90 percent of salary while they are out selves up as an institution and the ed in the bill that he vetoed, remem- of work. Why are you holding a bill up White House that they are worthy of ber, he vetoed his own budget as well on which we have agreed to every sin- being funded when we have a whole as the Congress’ budget. All the Presi- gle number for a new and extremely host of vital issues, some of which the dent says is that we are not going to unfair and unaffordable mandate in an- President recited himself, that simply provide the money that the big boys other bill? are not being funded and will likely not want in this society until we first take Look what this bill does. I mean, my be funded before the American people care of the needs of the little people. gosh, it adds $475 million so we can ex- go to vote next Tuesday? That is all he said. I agree with him. pand the anti-forced child labor initia- He goes on to say, ‘‘We thought we I would like to very much see all of tive, attack drug smuggling, $10 mil- had a good-faith agreement with hon- this come to an end. I am sick of all of lion more for drug free communities, orable compromises on both sides,’’ it. But I would simply say it was not more money for the Secret Service’s with reference to the landmark budget the President who decided to package National Threat Assessment Center to for children’s education. ‘‘That was be- the Legislative and Treasury-Post Of- help prevent school violence, better fore the special interest weighed in fice bills in one package so that every- funds for the Terrorism Task Force, with the Republican leadership. And thing got tied up in this debate. It was much more money to enforce the Brady when they did they killed the Edu- some genius, some staffer in one of the bill. cation Bill.’’ leadership offices who decided to do Let us put aside the partisan games. I agree with the President. Let us put that against the advice of the leader- Let us override the President’s veto. our people before ourselves. ship of the Committee on Appropria- Then let us move on to the HHS appro- Mr. KOLBE. Mr. Speaker, I reserve tions on both sides of the aisle. priations bill and work these things the balance of my time. I would point out that there is one out. That is what we are tasked to do Mr. OBEY. Mr. Speaker, I yield my- revenue item in that bill that the by the voters of America. self 8 minutes. President vetoed which will cost five Mr. OBEY. Mr. Speaker, I yield my- Mr. Speaker, I would just like to re- times as much as the entire cost for self such time as I may consume to ex- spond to the Member on the other side the tax credits for school construction plain that I thought that we had been of the aisle who said, how in good con- contained in the bill which we are still asked if we would agree to no debate on science can we support this veto? My trying to put back together after the the bill. We were willing to do that. response is, with ease. And I will tell majority leadership sandbagged the bi- But since my colleagues have had more my colleagues why. partisan agreement that we reached speakers, we have a couple other Mem- The gentleman from Arizona (Mr. two nights ago. bers who have indicated they want to KOLBE) is upset. And I do not blame The bill that was vetoed cost the speak. him. He is one of the good people in Treasury $60 billion over the same time Mr. Speaker, I yield 2 minutes to the this House. And there are a lot of good period that it cost only $12 billion to gentleman from New Jersey (Mr. people in this House on both sides of fund the school construction tax cred- MENENDEZ). the aisle. And we treasure our friend- it. There is a very easy remedy for fix- (Mr. MENENDEZ asked and was ships, and we treasure our associations. ing the problem that the gentleman given permission to revise and extend We also treasure a sense of balance, from Arizona is concerned about. That his remarks.) and we treasure people who keep their bill can easily be passed simply by ref- Mr. MENENDEZ. Mr. Speaker, since word at the highest levels as well as erencing it in an agreement that we I have seen my colleagues on the other the lowest levels of both parties. ought to be able to achieve on the side of the aisle have an affinity, I Labor, Health and Education appro- b 2030 would even have to say a proclivity, to priations bill. All you have to do is to quote the President’s words, I would The gentleman from Arizona (Mr. come back to the agreement that was like to refer to the statement he made KOLBE) is upset because his Treasury- hammered out two nights ago. If you as it relates to the bill that is being Post Office bill has been vetoed, and, do that, we will take care of the needs considered for referral to committee, along with it, although this has not of people like this who have been so in- the bill that he vetoed. been mentioned, the Legislative jured by doing their duty in the work- He said, ‘‘We are now a full month Branch appropriations bill, because the place that they can work no longer. past the end of the fiscal year, and just Treasury-Post Office bill is folded into We will take care of their needs as a week before election day. Congress the Legislative appropriations bill. If I well as the needs of the 435 Members of still hasn’t finished its work. were the gentleman from Arizona, I this House who would kind of like to ‘‘There is still no education budget. would be unhappy, too, because he know what their office allowances are There is still no increase in the min- wants to see his bill finished. The prob- going to be, what their staff allowances imum wage. There is still no Patients’ lem is that there is only one man in are going to be, what their travel situ- Bill of Rights or Hate Crimes Bill, or the country who has the responsibility ation is going to be, and what the

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.052 pfrm02 PsN: H31PT1 H11680 CONGRESSIONAL RECORD — HOUSE October 31, 2000 budgets for the service agencies, for President vetoed a bill that he sup- and frankly we passed every bill out of the Library of Congress and CRS and ports. this Congress except the Labor-HHS others are supposed to be and all of the I think most of us know what is bill, we have got it all done, the prob- other legitimate concerns mentioned going on here. What is going on here is lem is we cannot trust the President. on that side of the aisle. politics is being placed above people. Every one of those bills, once it has Mrs. JOHNSON of Connecticut. Mr. When we took the majority for the been worked out, has always been Speaker, will the gentleman yield? first time in 40 years, the minority brought to the leadership to look at Mr. OBEY. I yield to the gentle- went into denial. The minority has the agreement. We owe that and we woman from Connecticut. worked for 6 years to gain back the have a responsibility to the Members Mrs. JOHNSON of Connecticut. I am majority. They decided that these last that we represent to make sure that sure the gentleman from Wisconsin, for 2 years was their chance because we the agreement is a good one. whom I have very great respect, is had a six-vote margin. All they had to We started looking at the agreement aware that many years the President do was win a net of seven seats, and and then their spin doctors went out has signed this bill before he has had they are back in the majority. and said we were blowing up the agree- the opportunity to sign the HHS bill. The minority leader last summer an- ment. We have looked at every agree- So this is a matter of politics. It is not nounced that they were going to run ment that our negotiators have made, a matter of principle. He has never be- against a do-nothing Congress, that and we were asking questions about fore said, I must hold the funding for they would not cooperate, that they this agreement. We were asking ques- the executive office and for this until would try to bring down every bill that tions about the fact that what they that is done. That is just complete we brought to the floor that was of any said was the agreement on the labor Presidential politics. substance. Politics. Words are really provision known as the ergonomics ac- Mr. OBEY. Mr. Speaker, I take back cheap, but actions really prove whether tually was reflected in the language my time. If the gentlewoman is going your words are true or not. that was presented to us, and we did to use pejorative terms like that, then All summer, while we were passing not think it was, because we read that I would simply say yes, this is the first through this House all 13 appropria- language as doing nothing but codi- time to my knowledge that the Presi- tions bills and getting our work done, fying present law and present practice. dent has vetoed this bill because it was the minority side said all along that And we thought, well, maybe we ought passed before the Labor-H bill was there is not enough money in this, to write the language to reflect the passed. But this is also the first time there is not enough money being spent. agreement that was being made and we that we have had the majority leader They have always wanted to spend were working on that. We even compromised with them. They wanted $8 and the Speaker of the House blow up more money, and they have tried to billion. We said, ‘‘We’ll give you 4 but a bipartisan agreement that had been spend the surplus; and we have worked tell us how you are going to spend it.’’ signed onto by both parties. Before very, very hard all this year to keep To this point, 2 days later, they have those negotiations ever began, I asked them from spending the surplus. On the not even given us the list of how they the negotiator for the Republicans on substantive issues, the policy issues, are going to spend that $4 billion. How the House side and on the Senate side, right, we are guilty for not passing in the world do you think we could put do you have the full authority from their agenda. We have been passing our a bill together and file it and answer your leadership to negotiate to a con- agenda. We locked up the Social Secu- the President’s blackmail when you rity surplus. They have been raiding it clusion every item in this bill? Their will not even give us how you are going for 40 years, spending it on big govern- answer was yes. And the gentleman to spend it? from Florida (Mr. YOUNG) said, Yes, ment programs. We locked up the They gave some money on Democrat and isn’t that nice for a change? Now, Medicare surplus. They have been projects. We have yet to get the list of we know it was not a change. So now spending it for 40 years, or as long as the Democrat projects. How do you put we know that once again, after a bipar- Medicare has been in, on big govern- together a bill, put it in language and tisan negotiation has been put to- ment programs. Then there was more bring it down here to the floor when we gether, someone in the majority party, surplus on the on-budget, and we said have not even got the list? So there after checking with somebody else de- we want to take at least 90 percent of was no way that we could comply. And cides, Well, sorry, we’re going to do it that and pay down on the public debt they knew it. They knew it, that we all over again. If we cannot take each with it. We are doing it. could comply with the blackmail of the other’s word in this institution, then They have fought us every step of the President and he vetoes the bill. Pure this institution is not the institution way. We have had to bring very tough politics. People be damned. Pure poli- that I have given 32 years of my life to. bills, including this TPO bill, to the tics was what is going on here. Mr. Speaker, I reserve the balance of floor and pass it with only Republican The political atmosphere here has my time. votes because they tried to bring it been so poisoned by their actions that Mr. KOLBE. Mr. Speaker, I yield my- down knowing how hard it would be to it is so difficult, and I have got to tell self such time as I may consume. pass it. Now we get into this season, you, this bill is back into play. Now we Mr. Speaker, I would just like to say and we have been working with the have five appropriations bills in play. to the gentleman from Wisconsin that President. The President has signed The President asked us to talk to him I accept the responsibility for the fact seven bills that we compromised with about the tax bill. We said fine. Nobody that this debate on this motion may be him on and he has signed. But they showed up. We have been waiting 3 more prolonged than might have been have never intended to let us get out of days to talk about the tax bill. We indicated to him by staff. They were town or to work out a bill. have called for 3 days asking the Presi- corrected, believing there would be no I mean, last week the minority lead- dent to negotiate with us over immi- great debate on this. It was my view er put on a Scottish uniform, put war gration. Nobody has showed up. This that I needed to say some things about paint on his face and picked up a spear morning the President’s people were the bill that had been vetoed, and so I and declared war. Last night, the supposed to come in early to talk accept that responsibility for that, and President put that same war paint on about this ergonomics issue and the I apologize if a miscommunication was his face, vetoed a bill and declared war. language. Nobody has showed up. In made to the gentleman from Wis- They are interested in politics. They fact, the President went to Kentucky consin. have only one goal and that is to take to campaign this afternoon. Now he is Mr. Speaker, I yield such time as he back the majority of this House. Sun- in New York. How do you negotiate may consume to the gentleman from day, the President threatened, or with a mirror? Texas (Mr. DELAY). blackmailed the Congress by saying The President has no intention of Mr. DELAY. Mr. Speaker, I thank the that he would veto this bill if he did making this. That is why we are here a gentleman from Arizona for yielding not get an agreement on Labor-HHS. week before the election. It is politics. this time to me, and I appreciate all These gentlemen worked a long time, It is time to put the politics aside and the hard work that he has done on this into the early morning, to come up think about the people and do the peo- bill. It is really unfortunate that the with an agreement. But on every bill, ple’s business. I am just asking you all

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.050 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11681 to come together and let us put people about by the distinguished majority tive branch, the White House and all before politics. whip, if we are going to talk values let the executive agencies, the White b 2045 me say that I can think of no value House agencies. more important than to say to the In this case, they are tied together. Mr. OBEY. Mr. Speaker, I yield my- most humble worker in this country We have them together. So signing this 1 self 5 ⁄2 minutes. that their health comes before the bill would have made sure that we Mr. Speaker, first of all, I would like wishes of the national lobbyists for the moved forward that part of the final to correct both the gentlewoman from United States Chamber of Commerce. I budget that would have covered these Connecticut (Mrs. JOHNSON) and my- can think of no value more important two very large agencies, the Congress self. Both of us indicated that this was than to let the most humble worker in and all of its related agencies, includ- the first time that the President had this country know that the Congress of ing the Congressional Research Service vetoed this bill because it was passed and the Library of Congress, our Cap- before other bills had passed. That is the United States and the President of itol Police, and the Treasury, with all not correct. the United States are not so busy fo- On October 3, 1995, I should have re- cusing on their own needs that they of its agencies, the Treasury itself, the membered it because it was my birth- will allow the needs of the neglected to Secret Service, the Customs, the Bu- day, the President vetoed the legisla- be forgotten. reau of Alcohol, Tobacco and Firearms, tive bill for precisely the same reason That is what the President said in his the Internal Revenue Service, the Fed- that he vetoed this bill tonight. Let us veto message. He is saying, do to the eral Elections Commission and every- remember that the bill before us is the least of these. That is what he is say- thing at the White House. legislative appropriations bill into ing or as the Book some of us have read So I think it would be very impor- which was folded the Treasury Post Of- that reminds us to do that, what you tant for us to recognize that these are fice bill. The President vetoed that on do to the least of my brethren, you do tied together and we should move for- October 3, 1995, because he pointed out for me. That is what we are trying to ward with this. that the Congress had not yet finished do when we stand here protecting the There is a great deal of misunder- its other work and that he was not interests of workers who have no place standing or, I think, unfortunate mis- going to allow the Congress to get its else to go but here, no place to go but understanding about the events last goodies before the rest of the country here; to be protected so that they can night. I was not there, but I certainly got its problems taken care of. So he keep their bodies whole, so that they understand that when an agreement is has been consistent in that philosophy, can continue to work to put food on reached by appropriators that is on and I applaud him for doing that as the table for their families. something as delicate as this, that in- well on this bill tonight. Do you think that I am going to cludes language that is not an appro- Secondly, I am not going to bother to apologize for one second for supporting priation item, that the leadership is comment on the majority whip’s dis- the President’s veto of a bill that takes going to have to sign off on that. Ap- cussion of a number of items that have care of us before it takes care of them? parently that last step had not been nothing whatsoever to do with my I do not know what planet you are on, done. There was agreement on the committee responsibilities. I recognize but those are not my values. I am basic provision, but they had not he is well-known for his efforts to proud to support his veto. signed off on it. achieve conciliatory bipartisanship; I would say that the gentleman from Mr. Speaker, I would just say that I and he is probably the most distin- Arizona (Mr. KOLBE) himself has done hope we can find a solution to this very guished person in the House, obviously, his job. The President’s veto in no way quickly and move this bill forward as in trying to see to it that we pass bills is a criticism of his work. We all know rapidly as possible so these appropria- on a bipartisan rather than a partisan he has done an honest job of negoti- tions might become law. basis. His reputation is renowned for ating. He, like many of us are simply The SPEAKER pro tempore (Mr. that. No one could possibly question caught in the situation that we would SUNUNU). Without objection, the pre- that. Right? This is Halloween, too, like to see not exist, and that situation vious question is ordered. right? was caused by the majority leadership There was no objection. Having said that, I would simply say of his party in this House. The SPEAKER pro tempore. The with respect to these appropriation Mr. KOLBE. Mr. Speaker, I yield my- question is on the motion offered by bills, the gentleman is wrong when the self such time as I may consume. the gentleman from Florida (Mr. distinguished whip said that all but Mr. Speaker, let me just very briefly YOUNG). one bill had been passed out of the Con- close this debate. I know it has taken The motion was agreed to. gress by October 1. There were still 4 longer than we had intended. I know A motion to reconsider was laid on bills that the Senate had not even con- the gentleman from Texas (Mr. the table. sidered by the end of the fiscal year. DELAY), the majority whip, will cer- The SPEAKER pro tempore. Accord- So, again, the majority whip is wrong tainly be pleased with the very fine ingly, the veto message and the bill on his facts. comments that the gentleman from will be referred to the Committee on I would simply say, without getting Wisconsin (Mr. OBEY) made about his Appropriations. any further into silliness, that the bipartisan nature of finding solutions f basic problem is simply this: Everyone to appropriation bills. My experience MOTION TO INSTRUCT CONFEREES knows that the major obstacle on the has always been that the majority ON H.R. 4577, DEPARTMENTS OF appropriations end to our finishing our whip, the gentleman from Texas (Mr. LABOR, HEALTH AND HUMAN work was the disposition of the labor, DELAY), always has been very con- SERVICES, AND EDUCATION, AND health and education bill. That bill, as structive in trying to find those solu- RELATED AGENCIES APPROPRIA- Bill Natcher used to say, is a bill that tions. TIONS ACT 2001 is the people’s bill. It takes care of the The gentleman from Wisconsin (Mr. children. It takes care of the sick, and OBEY) also made reference to the 1995 Mr. BENTSEN. Mr. Speaker, I offer a it takes care of the workers who legislative bill and the veto of that for motion to instruct conferees on H.R. produce the wonderful prosperity that essentially the same reasons. Although 4577. enable all of us to brag about the sur- my memory does not take me back The SPEAKER pro tempore. The pluses that we have created. that many votes and that many appro- Clerk will report the motion. What is at stake here is very simple. priation bills, I believe at that time The Clerk read as follows: We did have an agreement and the ma- when that was vetoed there was no Mr. BENTSEN moves that the managers on jority leadership decided that they agreement on the Treasury Postal Bill; the part of the House at the conference on and, therefore, the argument was we the disagreeing votes of the two Houses on were going to break it up. Now they the Senate amendment to the bill H.R. 4577 can argue that all they want, but the should not be passing or should not be be instructed, in resolving the differences, fact is that that is what happened. accepting the legislative appropria- between the two Houses on the funding level I think if we are going to discuss val- tions without an agreement on the ap- for program management in carrying out ti- ues, as we have so often been lectured propriations that affected the execu- tles XI, XVIII, XIX, and XXI of the Social

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.051 pfrm02 PsN: H31PT1 H11682 CONGRESSIONAL RECORD — HOUSE October 31, 2000 Security Act, to choose a level that reflects my Republican colleagues in voting for And why are staffing levels so low? Be- a requirement that State plans for medical that. There were not a lot of Demo- cause the low level of funding makes it impos- assistance under such title XIX provide for crats who did, but I was one of the ones sible for nursing homes to provide adequate adequate reimbursement of physicians, pro- who did. I thought it could be a better viders of services, and suppliers furnishing care. items and services under the plan in the bill, but I was willing to take what we This Congress still has the opportunity to State. could get at the time. address these glaring problems. The Bentsen I guess what I want to say is what is The SPEAKER pro tempore. Under motion would be a bold step in defense of our good for the goose is good for the gan- rule XXII, the gentleman from Texas most vulnerable seniors by requiring states to der, and that we may want to take a (Mr. BENTSEN) and the gentleman from provide adequate reimbursements to all health look at the Medicare bill as well to see Florida (Mr. BILIRAKIS) each will con- care providers. how we may want to make that a bet- trol 30 minutes. Mr. BENTSEN. With that, Mr. The Chair recognizes the gentleman ter program for the people who rely on Speaker, I withdraw my motion to in- the Medicaid program. from Texas (Mr. BENTSEN). struct. Mr. BENTSEN. Mr. Speaker, I yield Now, let me just say with respect to f what the Conference of State Legisla- myself such time as I may consume. PARLIAMENTARY INQUIRIES Mr. Speaker, let me say at the outset tures said, and the governors. I think it that in a couple of minutes I am going is somewhat of a stretch for the Con- Mr. BARTON of Texas. Mr. Speaker, to move to withdraw this motion and I ference of State Legislatures to say I have a parliamentary inquiry. will tell my colleagues why, but I do that by going back to the Boren The SPEAKER pro tempore (Mr. want to take just a couple of minutes Amendment language that somehow SUNUNU). The gentleman will state it. to talk about it. they would not be able to move forward Mr. BARTON of Texas. Mr. Speaker, Let me start out by saying what this with the breast and cervical cancer bill can the gentleman withdraw without motion would do is, in effect, would that this House passed overwhelmingly unanimous consent? call on the conferees to reinstate what and was signed into law by the Presi- The SPEAKER pro tempore. The gen- has been known as the Boren amend- dent just last week, or the Ticket to tleman can withdraw the motion to in- ment which would require that States Work program that was passed. I and struct without unanimous consent. establish reasonable rates of reim- others were cosponsors of both of those Mr. THOMAS. Parliamentary in- bursement under the Medicaid pro- bills. I think that is a little bit of a red quiry, Mr. Speaker. gram. As my colleagues know, the herring on their part. I do not, quite The SPEAKER pro tempore. The gen- Boren amendment was repealed in the frankly, think this is an issue that we tleman will state it. 1997 Balanced Budget Act, but we still are going to deal with this year, but it Mr. THOMAS. Mr. Speaker, since the find that in many cases for providers, is something that I think Members on gentleman introduced his motion and both hospitals and individual medical both sides of the aisle do want to take then spoke on his motion without an providers, that the reimbursement a look at. opportunity for other Members of the rates under the Medicaid program by Mr. RODRIGUEZ. Mr. Speaker, I stand be- House to address the question, which the States is not sufficient; and, in fore you today in support of the motion to in- some people would believe did not re- fact, a recent study found that in some struct conferees on H.R. 4577 by my friend flect fair play, would it be appropriate, cases those rates are as low as 65 per- and colleague, Representative KEN BENTSEN. for example, for the gentleman from cent of the comparable Medicare reim- The Bentsen motion to instruct urges con- Florida (Mr. BILIRAKIS) to ask unani- bursement rate. This is something that ferees to do the right thing by providing ade- mous consent to address the House for raises concerns when we consider that quate funding levels for Medicaid. 5 minutes to provide some subject mat- We face a health crisis in our states be- more than a third of the births in this ter on the motion just withdrawn? cause the Balanced Budget Act of 1997 put country are funded through the Med- The SPEAKER pro tempore. The gen- Medicaid rates too low. icaid program and yet we have these eral practice of the House would be to Everyone is impacted: physicians, hospitals, seek a unanimous consent agreement low reimbursement rates. home health providers, and nursing homes. My personal concern in this has to do to speak out of order for 1 minute. Many of the health care providers in my dis- (Mr. BILIRAKIS asked and was given in trying to stand up for my district trict and throughout my state face severe fi- and my State. The largest medical cen- permission to speak out of order for 1 nancial difficulties due to low Medicaid rates. minute.) ter in the world is in my congressional These Medicaid reimbursement reductions f district with the largest children’s, have especially hurt our nursing homes. The independent children’s hospital, as well situation in Texas is a good example of why OPPOSING MOTION TO INSTRUCT as another children’s hospital and a we need immediate action. CONFEREES very large public hospital system, Today I released a special report prepared Mr. BILIRAKIS. Mr. Speaker, I where they have a very large, dis- by the minority staff of the House Committee proportionate share census that they thank the gentleman for allowing us on Government Reform, ``Nursing Home Con- the opportunity. have to deal with in not getting suffi- ditions in Texas,'' which found widespread in- cient reimbursement. I think Members Mr. Speaker, this motion actually re- adequaciesÐsometimes horrible situationsÐin verses a policy set in legislation en- around the country would find that is our nursing homes. true. acted only 3 years ago, at the bipar- In many nursing homes in Texas and across tisan request of our Nation’s gov- Mr. Speaker, as we know today the the country, our parents and grandparents suf- National Governors Association and ernors. Provisions to repeal the Boren fer intolerable conditions. Amendment were included in the 1997 the National Conference of State Leg- More than half of the nursing homes in Balanced Budget Act. That measure islators sent out letters with some Texas had violations of federal health and was approved by the House with the questionable arguments against this safety standards that caused actual harm to support of 193 Republicans and 153 motion, and I am not going to pursue it residents, or placed them at risk of death or Democrats, and it was signed into law because I do not want to put Members serious injury. on either side of the aisle in a difficult Another 29 percent of Texas nursing homes by President Clinton. situation. had violations that created potentially dan- I would also refer to remarks made by the President of the National Gov- b 2100 gerous situations. In other words, 4 out of 5 nursing homes in ernors Association on August 8 of last Mr. Speaker, I will say this. Last Texas violated federal health and safety year in St. Louis, Missouri, when he week when the House considered the standards during recent state inspections. said, we have waived or eliminated tax bill with the balanced budget revi- Why are the conditions so bad? scores of laws and regulations on Med- sion that was in it, I would remind my One reason is inadequate levels of staffing. icaid, including one we all wanted to Republican colleagues that that in- In Texas, more than 90 percent of the get rid of, the so-called Boren Amend- cluded an uptick in the reimbursement homes do not have the minimal staffing levels ment. for managed care companies, for Medi- recommended by the U.S. Department of As I intended to explain earlier, the care providers; and I actually joined Health and Human Services. proposal, Mr. Speaker, is unnecessary.

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.102 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11683 The Medicaid statute already includes REQUEST TO SPEAK OUT OF tively engaged in instructional programs, provisions which address the gentle- ORDER arts education is more successful. ‘‘(6) Effective teachers of the arts should be man’s concern. Under title 19, States Mr. BARTON of Texas. Mr. Speaker, are specifically required to provide encouraged to continue to learn and grow in I ask unanimous consent to speak out mastery of their art form as well as in their adequate reimbursement. Section of order for 1 minute. teaching competence. 1902(a)30(A) requires States plans to, Mr. PALLONE. I object, Mr. Speaker. ‘‘(7) The 1999 study, entitled ‘Gaining the and I quote, ‘‘provide such methods and The SPEAKER pro tempore. Objec- Arts Advantage: Lessons from School Dis- procedures relating to the utilization tion is heard. tricts that Value Arts Education’, found that of and the payment for care and serv- the literacy, education, programs, learning f ices available under the plan as may be and growth described in paragraphs (1) necessary to safeguard against unnec- REQUEST TO ADDRESS THE HOUSE through (6) contribute to successful district- essary utilization of such care and wide arts education. Mr. THOMAS. Mr. Speaker, I ask ‘‘(8) Despite all of the literacy, education, services, and to ensure that payments unanimous consent to address the programs, learning and growth findings de- are consistent with efficiency, econ- House for 1 minute. scribed in paragraphs (1) through (6), the 1997 omy and quality of care, and are suffi- Mr. PALLONE. I object, Mr. Speaker. National Assessment of Educational cient to enlist enough providers so that The SPEAKER pro tempore. Objec- Progress reported that students lack suffi- care and services are available under tion is heard. cient opportunity for participatory learning the plan, at least to the extent that in the arts. f such care and services are available to ‘‘(9) The Arts Education Partnership, a co- the general population in the geo- ANNOUNCEMENT BY THE SPEAKER alition of national and State education, arts, business, and civic groups, is an excellent ex- graphic area.’’ PRO TEMPORE ample of one organization that has dem- Mr. Speaker, this has been true in The SPEAKER pro tempore. Pursu- onstrated its effectiveness in addressing the regulation for years, Mr. Speaker, but ant to clause 8 of rule XX, the Chair purposes described in section 205(a) and the it was also codified in statute by the announces that he will postpone fur- capacity and credibility to administer arts 1989 omnibus budget reconciliation act. ther proceedings today on each motion education programs of national significance. Imposing additional mandates on the to suspend the rules on which a re- ‘‘SEC. 203. DEFINITIONS. States would not accomplish any jus- ‘‘In this title: corded vote or the yeas and nays are ‘‘(1) ARTS EDUCATION PARTNERSHIP.—The tifiable public policy purpose. ordered, or on which the vote is ob- The other interpretation of the gen- term ‘Arts Education Partnership’ means a jected to under clause 6 of rule XX. private, nonprofit coalition of education, tleman’s motion to instruct is that in Any record votes on postponed ques- arts, business, philanthropic, and govern- the spirit of Halloween, he is attempt- tions will be taken tomorrow. ment organizations that demonstrates and ing to breathe life into the now-dead f promotes the essential role of arts education Boren Amendment. History has shown in enabling all students to succeed in school, us that the use of such general terms CONGRESSIONAL RECOGNITION life, and work, and was formed in 1995. as ‘‘adequate reimbursement’’ and FOR EXCELLENCE IN ARTS EDU- ‘‘(2) BOARD.—The term ‘Board’ means the ‘‘suppliers furnishing items and serv- CATION BOARD Congressional Recognition for Excellence in ices’’ will lead to litigation. Arts Education Awards Board established Mr. MCKEON. Mr. Speaker, I move to under section 204. Mr. PALLONE. Regular order, Mr. suspend the rules and pass the Senate ‘‘(3) ELEMENTARY SCHOOL; SECONDARY Speaker. bill (S. 2789) to amend the Congres- SCHOOL.—The terms ‘elementary school’ and The SPEAKER pro tempore. The sional Award Act to establish a Con- ‘secondary school’ mean— House is proceeding under regular gressional Recognition for Excellence ‘‘(A) a public or private elementary school or secondary school (as the case may be), as order. in Arts Education Board. Mr. PALLONE. Mr. Speaker, the gen- defined in section 14101 of the Elementary The Clerk read as follows: tleman asked for 1 minute. and Secondary Education Act of 1965 (20 The SPEAKER pro tempore. The gen- S. 2789 U.S.C. 8801); or tleman asked for 5 minutes. The gen- Be it enacted by the Senate and House of Rep- ‘‘(B) a bureau funded school as defined in section 1146 of the Education Amendments of tleman will suspend. The gentleman resentatives of the United States of America in Congress assembled, 1978 (25 U.S.C. 2026). from Florida has the time. SECTION 1. CONGRESSIONAL RECOGNITION FOR ‘‘(4) STATE.—The term ‘State’ means each Mr. BILIRAKIS. Mr. Speaker, the EXCELLENCE IN ARTS EDUCATION. of the several States of the United States, gentleman from Florida asked for 5 (a) IN GENERAL.—The Congressional Award the District of Columbia, the Commonwealth minutes. Act (2 U.S.C. 801–808) is amended by adding of Puerto Rico, Guam, American Samoa, the The SPEAKER pro tempore. The gen- at the end the following: United States Virgin Islands, the Common- wealth of the Northern Mariana Islands, the tleman was recognized for 1 minute. ‘‘TITLE II—CONGRESSIONAL RECOGNI- Mr. BILIRAKIS. Mr. Speaker, the Republic of the Marshall Islands, the Fed- TION FOR EXCELLENCE IN ARTS EDU- erated States of Micronesia, and the Repub- original Boren Amendment was in- CATION lic of Palau. tended to serve as a ceiling for State ‘‘SEC. 201. SHORT TITLE. ‘‘SEC. 204. ESTABLISHMENT OF BOARD. reimbursement decisions, but over ‘‘This title may be cited as the ‘Congres- ‘‘There is established within the legislative many years of judicial interpretation, sional Recognition for Excellence in Arts branch of the Federal Government a Con- it became a tool to create an ever-in- Education Act’. gressional Recognition for Excellence in creasing floor. ‘‘SEC. 202. FINDINGS. Arts Education Awards Board. The Board Mr. Speaker, I would urge all to vote ‘‘Congress makes the following findings: shall be responsible for administering the against this motion, and I thank the ‘‘(1) Arts literacy is a fundamental purpose awards program described in section 205. gentleman for his courtesy. of schooling for all students. ‘‘SEC. 205. BOARD DUTIES. ‘‘(2) Arts education stimulates, develops, ‘‘(a) AWARDS PROGRAM ESTABLISHED.—The f and refines many cognitive and creative Board shall establish and administer an GENERAL LEAVE skills, critical thinking and nimbleness in awards program to be known as the ‘Con- judgment, creativity and imagination, coop- gressional Recognition for Excellence in Mr. BARTON of Texas. Mr. Speaker, erative decisionmaking, leadership, high- Arts Education Awards Program’. The pur- I ask unanimous consent that all Mem- level literacy and communication, and the pose of the program shall be to— bers may have 5 legislative days within capacity for problem-posing and problem- ‘‘(1) celebrate the positive impact and pub- which to revise and extend their resolving. lic benefits of the arts; marks and to insert extraneous mate- ‘‘(3) Arts education contributes signifi- ‘‘(2) encourage all elementary schools and rial on the motion to instruct just cantly to the creation of flexible, adaptable, secondary schools to integrate the arts into withdrawn by the gentleman from and knowledgeable workers who will be the school curriculum; needed in the 21st century economy. ‘‘(3) spotlight the most compelling evi- Texas (Mr. BENTSEN). ‘‘(4) Arts education improves teaching and dence of the relationship between the arts The SPEAKER pro tempore. Is there learning. and student learning; objection to the request of the gen- ‘‘(5) Where parents and families, artists, ‘‘(4) demonstrate how community involve- tleman from Texas? arts organizations, businesses, local civic ment in the creation and implementation of There was no objection. and cultural leaders, and institutions are ac- arts policies enriches the schools;

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.060 pfrm02 PsN: H31PT1 H11684 CONGRESSIONAL RECORD — HOUSE October 31, 2000 ‘‘(5) recognize school administrators and ‘‘(F) raise funds for the operation of the ‘‘SEC. 206. COMPOSITION OF BOARD; ADVISORY faculty who provide quality arts education program; BOARD. to students; ‘‘(G) determine, and inform Congress re- ‘‘(a) COMPOSITION.— ‘‘(6) acknowledge schools that provide pro- garding, the national readiness for inter- ‘‘(1) IN GENERAL.—The Board shall consist fessional development opportunities for their disciplinary individual student awards de- of 9 members as follows: teachers; scribed in paragraph (2), on the basis of the ‘‘(A) 2 Members of the Senate appointed by ‘‘(7) create opportunities for students to framework established in the 1997 National the Majority Leader of the Senate. experience the relationship between early Assessment of Educational Progress and ‘‘(B) 2 Members of the Senate appointed by participation in the arts and developing the such other criteria as the Board determines the Minority Leader of the Senate. life skills necessary for future personal and appropriate; and ‘‘(C) 2 Members of the House of Representa- professional success; ‘‘(H) take such other actions as may be ap- tives appointed by the Speaker of the House ‘‘(8) increase, encourage, and ensure com- propriate for the administration of the Con- of Representatives. prehensive, sequential arts learning for all gressional Recognition for Excellence in ‘‘(D) 2 Members of the House of Represent- students; and Arts Education Awards Program. atives appointed by the Minority Leader of the House of Representatives. ‘‘(9) expand student access to arts edu- ‘‘(2) STUDENT AWARDS.— ‘‘(E) The Director of the Board, who shall cation in schools in every community. ‘‘(A) IN GENERAL.—At such time as the ‘‘(b) DUTIES.— Board determines appropriate, the Board— serve as a nonvoting member. ‘‘(1) SCHOOL AWARDS.—The Board shall— ‘‘(i) shall make annual awards to elemen- ‘‘(2) ADVISORY BOARD.—There is established an Advisory Board to assist and advise the ‘‘(A) make annual awards to elementary tary school and secondary school students Board with respect to its duties under this schools and secondary schools in the States for individual interdisciplinary arts achieve- title, that shall consist of 15 members ap- in accordance with criteria established under ment; and pointed— subparagraph (B), which awards— ‘‘(ii) establish criteria for the making of ‘‘(A) in the case of the initial such mem- ‘‘(i) shall be of such design and materials the awards. as the Board may determine, including a bers of the Advisory Board, by the leaders of ‘‘(B) AWARD MODEL.—The Board may use as the Senate and House of Representatives well-designed certificate or a work of art, de- a model for the awards the Congressional making the appointments under paragraph signed for the awards event by an appro- Award Program and the President’s Physical (1), from recommendations received from or- priate artist; and Fitness Award Program. ‘‘(ii) shall be reflective of the dignity of ganizations and entities involved in the arts ‘‘(c) PRESENTATION.—The Board shall ar- Congress; such as businesses, civic and cultural organi- range for the presentation of awards under ‘‘(B) establish criteria required for a school zations, and the Arts Education Partnership this section to the recipients and shall pro- to receive the award, and establish such pro- steering committee; and vide for participation by Members of Con- cedures as may be necessary to verify that ‘‘(B) in the case of any other such members the school meets the criteria, which criteria gress in such presentation, when appro- of the Advisory Board, by the Board. shall include criteria requiring— priate. ‘‘(3) SPECIAL RULE FOR ADVISORY BOARD.—In ‘‘(i) that the school— ‘‘(d) DATE OF ANNOUNCEMENT.—The Board making appointments to the Advisory Board, ‘‘(I) provides comprehensive, sequential shall determine an appropriate date or dates the individuals and entity making the ap- arts learning; and for announcement of the awards under this pointments under paragraph (2) shall con- ‘‘(II) integrates the arts throughout the section, which date shall coincide with a Na- sider recommendations submitted by any in- curriculum in subjects other than the arts; tional Arts Education Month or a similarly terested party, including any member of the and designated day, week or month, if such des- Board. ‘‘(ii) 3 of the following: ignation exists. ‘‘(4) INTEREST.— ‘‘(I) that the community serving the school ‘‘(e) REPORT.— ‘‘(A) IN GENERAL.—Members of Congress ap- is actively involved in shaping and imple- ‘‘(1) IN GENERAL.—The Board shall prepare pointed to the Board shall have an interest menting the arts policies and programs of and submit an annual report to Congress not in 1 of the purposes described in section the school; later than March 1 of each year summarizing 205(a). ‘‘(II) that the school principal supports the the activities of the Congressional Recogni- ‘‘(B) DIVERSITY.—The membership of the policy of arts education for all students; tion for Excellence in Arts Education Advisory Board shall represent a balance of ‘‘(III) that arts teachers in the school are Awards Program during the previous year artistic and education professionals, includ- encouraged to learn and grow in mastery of and making appropriate recommendations ing at least 1 representative who teaches in their art form as well as in their teaching for the program. Any minority views and each of the following disciplines: competence; recommendations of members of the Board ‘‘(i) Music. ‘‘(IV) that the school actively encourages shall be included in such reports. ‘‘(ii) Theater. the use of arts assessment techniques for im- ‘‘(2) CONTENTS.—The annual report shall ‘‘(iii) Visual Arts. proving student, teacher, and administrative contain the following: ‘‘(iv) Dance. performance; and ‘‘(A) Specific information regarding the ‘‘(b) TERMS.— ‘‘(V) that school leaders engage the total methods used to raise funds for the Congres- ‘‘(1) BOARD.—Members of the Board shall school community in arts activities that cre- sional Recognition for Excellence in Arts serve for terms of 6 years, except that of the ate a climate of support for arts education; Education Awards Program and a list of the members first appointed— and sources of all money raised by the Board. ‘‘(A) 1 Member of the House of Representa- ‘‘(C) include, in the procedures necessary ‘‘(B) Detailed information regarding the tives and 1 Member of the Senate shall serve for verification that a school meets the cri- expenditures made by the Board, including for terms of 2 years; teria described in subparagraph (B), written the percentage of funds that are used for ad- ‘‘(B) 1 Member of the House of Representa- evidence of the specific criteria, and sup- ministrative expenses. tives and 1 Member of the Senate shall serve porting documentation, that includes— ‘‘(C) A description of the programs formu- for terms of 4 years; and ‘‘(i) 3 letters of support for the school from lated by the Director under section 207(b)(1), ‘‘(C) 2 Members of the House of Representa- community members, which may include a including an explanation of the operation of tives and 2 Members of the Senate shall letter from— such programs and a list of the sponsors of serve for terms of 6 years, ‘‘(I) the school’s Parent Teacher Associa- the programs. as determined by lot when all such members tion (PTA); ‘‘(D) A detailed list of the administrative have been appointed. ‘‘(II) community leaders, such as elected or expenditures made by the Board, including ‘‘(2) ADVISORY BOARD.—Members of the Ad- appointed officials; and the amounts expended for salaries, travel ex- visory Board shall serve for terms of 6 years, ‘‘(III) arts organizations or institutions in penses, and reimbursed expenses. except that of the members first appointed, 3 the community that partner with the school; ‘‘(E) A list of schools given awards under shall serve for terms of 2 years, 4 shall serve and the program, and the city, town, or county, for terms of 4 years, and 8 shall serve for ‘‘(ii) the completed application for the and State in which the school is located. terms of 6 years, as determined by lot when award signed by the principal or other edu- ‘‘(F) An evaluation of the state of arts edu- all such members have been appointed. cation leader such as a school district arts cation in schools, which may include anec- ‘‘(c) VACANCY.— coordinator, school board member, or school dotal evidence of the effect of the Congres- ‘‘(1) IN GENERAL.—Any vacancy in the superintendent; sional Recognition for Excellence in Arts membership of the Board or Advisory Board ‘‘(D) determine appropriate methods for Education Awards Program on individual shall be filled in the same manner in which disseminating information about the pro- school curriculum. the original appointment was made. gram and make application forms available ‘‘(G) On the basis of the findings described ‘‘(2) TERM.—Any member appointed to fill to schools; in section 202 and the purposes of the Con- a vacancy occurring before the expiration of ‘‘(E) delineate such roles as the Board congressional Recognition for Excellence in the term for which the member’s predecessor siders to be appropriate for the Director in Arts Education Awards Program described in was appointed shall be appointed only for the administering the program, and set forth in section 205(a), a recommendation regarding remainder of such term. the bylaws of the Board the duties, salary, the national readiness to make individual ‘‘(3) EXTENSION.—Any appointed member of and benefits of the Director; student awards under subsection (b)(2). the Board or Advisory Board may continue

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to serve after the expiration of the member’s Program, except that the Board shall carry ‘‘(2) AUTHORIZED INVESTMENTS.—Such in- term until the member’s successor has taken out its functions and make expenditures vestments shall be in public debt obligations office. with only such resources as are available to with maturities suitable to the needs of the ‘‘(4) SPECIAL RULE.—Vacancies in the mem- the Board from the Congressional Recogni- fund, as determined by the Director of the bership of the Board shall not affect the tion for Excellence in Arts Education Board. Investments in public debt obliga- Board’s power to function if there remain Awards Trust Fund under section 211. tions shall bear interest at rates determined sufficient members of the Board to con- ‘‘(b) CONTRACTS.—The Board may enter by the Secretary of the Treasury taking into stitute a quorum under subsection (d). into such contracts as may be appropriate to consideration the current market yield on ‘‘(d) QUORUM.—A majority of the members carry out the business of the Board, but the outstanding marketable obligations of the of the Board shall constitute a quorum. Board may not enter into any contract United States of comparable maturity. ‘‘(e) COMPENSATION.—Members of the Board which will obligate the Board to expend an ‘‘(c) AUTHORITY TO SELL OBLIGATIONS.— and Advisory Board shall serve without pay amount greater than the amount available Any obligation acquired by the fund may be but may be compensated, from amounts in to the Board for the purpose of such contract sold by the Secretary of the Treasury at the the trust fund, for reasonable travel expenses during the fiscal year in which the expendi- market price. incurred by the members in the performance ture is made. ‘‘(d) PROCEEDS FROM CERTAIN TRANS- of their duties as members of the Board. ‘‘(c) GIFTS.—The Board may seek and ac- ACTIONS CREDITED TO FUND.—The interest on, ‘‘(f) MEETINGS.—The Board shall meet an- cept, from sources other than the Federal and the proceeds from the sale or redemption nually at the call of the Chairperson and at Government, funds and other resources to of, any obligations held in the fund shall be such other times as the Chairperson may de- carry out the Board’s activities. The Board credited to and form a part of the fund.’’. termine to be appropriate. The Chairperson may not accept any funds or other resources (b) CONFORMING AMENDMENTS.—The Con- that are— shall call a meeting of the Board whenever 1⁄3 gressional Award Act (2 U.S.C. 801–808) is of the members of the Board submit written ‘‘(1) donated with a restriction on their use amended— requests for such a meeting. unless such restriction merely provides that (1) by inserting after section 1 the fol- ‘‘(g) OFFICERS.—The Chairperson and the such funds or other resources be used in fur- lowing: Vice Chairperson of the Board shall be elect- therance of the Congressional Recognition ‘‘TITLE I—CONGRESSIONAL AWARD ed from among the members of the Board, by for Excellence in Arts Education Awards PROGRAM’’, a majority vote of the members of the Board, Program; or ‘‘(2) donated subject to the condition that (2) by redesignating sections 2 through 9 as for such terms as the Board determines. The sections 101 through 108, respectively, Vice Chairperson shall perform the duties of the identity of the donor of the funds or resources shall remain anonymous. (3) in section 101 (as so redesignated)— the Chairperson in the absence of the Chair- (A) by striking ‘‘Act’’ and inserting person. ‘‘(d) VOLUNTEERS.—The Board may accept and utilize the services of voluntary, uncom- ‘‘title’’, and ‘‘(h) COMMITTEES.— pensated personnel. (B) by striking ‘‘section 3’’ and inserting ‘‘(1) IN GENERAL.—The Board may appoint ‘‘(e) REAL OR PERSONAL PROPERTY.—The ‘‘section 102’’, such committees, and assign to the commit- Board may lease (or otherwise hold), acquire, (4) in section 102(e) (as so redesignated)— tees such functions, as may be appropriate to or dispose of real or personal property nec- (A) by striking ‘‘section 5(g)(1)’’ and insert- assist the Board in carrying out its duties essary for, or relating to, the duties of the ing ‘‘section 104(g)(1)’’, and under this title. Members of such commit- Board. (B) by striking ‘‘section 7(g)(1)’’ and insert- tees may include the members of the Board ‘‘(f) PROHIBITIONS.—The Board shall have ing ‘‘section 106(g)(1)’’, and or the Advisory Board. no power— (5) in section 103(i), by striking ‘‘section 7’’ ‘‘(2) SPECIAL RULE.—Any employee or offi- ‘‘(1) to issue bonds, notes, debentures, or and inserting ‘‘section 106’’. cer of the Federal Government may serve as other similar obligations creating long-term a member of a committee created by the The SPEAKER pro tempore. Pursu- indebtedness; ant to the rule, the gentleman from Board, but may not receive compensation for ‘‘(2) to issue any share of stock or to de- services performed for such a committee. clare or pay any dividends; or California (Mr. MCKEON) and the gen- ‘‘(i) BYLAWS AND OTHER REQUIREMENTS.— ‘‘(3) to provide for any part of the income tleman from Michigan (Mr. KILDEE) The Board shall establish such bylaws and or assets of the Board to inure to the benefit each will control 20 minutes. other requirements as may be appropriate to of any director, officer, or employee of the The Chair recognizes the gentleman enable the Board to carry out the Board’s du- Board except as reasonable compensation for from California (Mr. MCKEON). ties under this title. services or reimbursement for expenses. GENERAL LEAVE ‘‘SEC. 207. ADMINISTRATION. ‘‘SEC. 209. AUDITS. Mr. MCKEON. Mr. Speaker, I ask ‘‘(a) IN GENERAL.—In the administration of ‘‘The financial records of the Board may be unanimous consent that all Members the Congressional Recognition for Excel- audited by the Comptroller General of the lence in Arts Education Awards Program, United States at such times as the Comp- may have 5 legislative days within the Board shall be assisted by a Director, troller General may determine to be appro- which to revise and extend their re- who shall be the principal executive of the priate. The Comptroller General, or any duly marks on S. 2789. program and who shall supervise the affairs authorized representative of the Comptroller The SPEAKER pro tempore. Is there of the Board. The Director shall be appointed General, shall have access for the purpose of objection to the request of the gen- by a majority vote of the Board. audit to any books, documents, papers, and tleman from California? ‘‘(b) DIRECTOR’S RESPONSIBILITIES.—The Di- records of the Board (or any agent of the There was no objection. rector shall, in consultation with the Board) which, in the opinion of the Comp- Mr. MCKEON. Mr. Speaker, I yield Board— troller General, may be pertinent to the Con- ‘‘(1) formulate programs to carry out the myself such time as I may consume. gressional Recognition for Excellence in Mr. Speaker, I rise in strong support policies of the Congressional Recognition for Arts Education Awards Program. of S. 2789, a bill to establish the Con- Excellence in Arts Education Awards Pro- ‘‘SEC. 210. TERMINATION. gram; ‘‘The Board shall terminate 6 years after gressional Recognition for Excellence ‘‘(2) establish such divisions within the the date of enactment of this title. The in Arts, or ‘‘Create,’’ awards. Congressional Recognition for Excellence in Board shall set forth, in its bylaws, the pro- Mr. Speaker, S. 2789 passed the Sen- Arts Education Awards Program as may be cedures for dissolution to be followed by the ate on Saturday by unanimous con- appropriate; and Board. sent. The Senate bill, S. 2789, estab- ‘‘(3) employ and provide for the compensa- ‘‘SEC. 211. TRUST FUND. lishes awards for schools that include tion of such personnel as may be necessary ‘‘(a) ESTABLISHMENT OF FUND.—There shall the arts in their regular curriculum to carry out the Congressional Recognition be established in the Treasury of the United for Excellence in Arts Education Awards and is identical to a bill I introduced, States a trust fund which shall be known as H.R. 5554. Program, subject to such policies as the the ‘‘Congressional Recognition for Excel- Board shall prescribe under its bylaws. lence in Arts Education Awards Trust Many studies have shown that there ‘‘(c) APPLICATION.—Each school or student Fund’’. The fund shall be administered by is a strong relationship between arts desiring an award under this title shall sub- the Board, and shall consist of amounts do- education to brain development, stu- mit an application to the Board at such nated to the Board under section 208(c) and dent achievement, career potential, time, in such manner and accompanied by amounts credited to the fund under sub- and other quality-of-life issues. such information as the Board may require. section (d). For example, arts activity has been ‘‘SEC. 208. LIMITATIONS. ‘‘(b) INVESTMENT.— shown to lower the likelihood of delin- ‘‘(a) IN GENERAL.—Subject to such limita- ‘‘(1) IN GENERAL.—It shall be the duty of quent behavior. The National Dropout tions as may be provided for under this sec- the Secretary of the Treasury to invest, at tion, the Board may take such actions and the direction of the Director of the Board, Prevention Center reported that school make such expenditures as may be necessary such portion of the fund that is not, in the arts classes and activities encourage to carry out the Congressional Recognition judgment of the Director of the Board, re- attendance and achievement of at-risk for Excellence in Arts Education Awards quired to meet the current needs of the fund. high school students.

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.109 pfrm02 PsN: H31PT1 H11686 CONGRESSIONAL RECORD — HOUSE October 31, 2000 S. 2789 establishes within the current (Mr. KILDEE), my good friend, and tell SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Congressional Award Act a Congres- him that I also appreciate the oppor- (a) SHORT TITLE.—This Act may be cited as sional Recognition for Excellence in tunity of working together on this bill the ‘‘Minority Health and Health Disparities Arts and Education awards board, with him. Research and Education Act of 2000’’. made up of nine members, four mem- Mr. Speaker, I have no more speak- (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: bers from the House of Representa- ers; but I do have some thanks I would tives, and four from the Senate, plus like to give at this time, to Karen Sec. 1. Short title; table of contents. Sec. 2. Findings. the director of the board who shall Weiss, my legislative director; Jo serve as a nonvoting member. Marie St. Martin, our legal counsel; TITLE I—IMPROVING MINORITY HEALTH Additionally, an advisory board shall Rich Stombres with the majority staff; AND REDUCING HEALTH DISPARITIES be established to assist and advise the THROUGH NATIONAL INSTITUTES OF Alex Nock with the minority staff; and HEALTH; ESTABLISHMENT OF NA- congressional board with respect to its Kirk Boyle with the majority leader’s TIONAL CENTER duties and shall consist of 15 members office, for their great help in bringing from among recommendations received Sec. 101. Establishment of National Center this bill to this point. on Minority Health and Health from outside arts organizations. Mr. GILMAN. Mr. Speaker, I rise today in Disparities. Membership on the advisory board support of S. 2789, the Congressional Rec- Sec. 102. Centers of excellence for research shall represent a balance of artistic ognition for Excellence in Arts Education Act education and training. and education professionals and must and I commend the House Speaker, the gen- Sec. 103. Extramural loan repayment pro- include at least one representative who tleman from California, Mr. MCKEON. gram for minority health dis- teaches in each of the four disciplines Over the past 30 years, our quality of life parities research. of music, theater, visual arts, and has been improved by the arts. Support for Sec. 104. General provisions regarding the Center. dance. the arts illustrates our Nation's commitment to By recognizing the importance of Sec. 105. Report regarding resources of Na- freedom of expression, one of the basic prin- arts instruction and granting them an tional Institutes of Health dedi- ciples on which our Nation is founded. award from this body, it is our hope cated to minority and other We must understand and appreciate the im- health disparities research. that arts classes in schools will be as portance of the arts on our Nation's children. TITLE II—HEALTH DISPARITIES RE- common as English or math. Whether it is music or drama or dance, chil- Finally, I am pleased that Senator SEARCH BY AGENCY FOR HEALTHCARE dren are drawn to the arts. By giving children RESEARCH AND QUALITY COCHRAN worked with me on strength- something to be proud of and passionate ening the role of arts educators on the Sec. 201. Health disparities research by about, they can make good choices and avoid Agency for Healthcare Re- advisory board. Their strong participa- following the crowd down dark paths. search and Quality. tion is vital for this program. In conclusion, I urge my colleagues S. 2789 establishes the sense of Congress TITLE III—DATA COLLECTION RELATING TO RACE OR ETHNICITY to join the other body and support this that arts literacy is a fundamental purpose of important piece of legislation. schooling for all students. Arts education stim- Sec. 301. Study and report by National Acad- Mr. Speaker, I reserve the balance of ulates, develops, and refines many cognitive emy of Sciences. my time. and creative skills, critical thinking and TITLE IV—HEALTH PROFESSIONS Mr. KILDEE. Mr. Speaker, I yield nimbleness in judgment, creativity and imagi- EDUCATION myself such time as I may consume. nation, cooperative decisionmaking, leader- Sec. 401. Health professions education in First of all, it is great to be defend- ship, high-level literacy, and communication, health disparities. ing a bill with the gentleman from and the capacity for problem-posing and prob- Sec. 402. National conference on health professions education and health California (Mr. MCKEON), my good lem-solving. disparities. friend, as we did 2 years ago with the As chairman of the International Relations Committee, I recognize the importance of the Sec. 403. Advisory responsibilities in health higher education bill. It is a pleasure professions education in health to be working with him. He is one who arts on an international level, as they help fos- disparities and cultural com- I number among my friends. ter a common appreciation of history and cul- petency. Mr. Speaker, I rise in support of S. ture that are so essential to our humanity. TITLE V—PUBLIC AWARENESS AND DIS- 2789, the Congressional Recognition for Accordingly, I urge all my colleagues to sup- SEMINATION OF INFORMATION ON Excellence in Arts Education Act. This port this measure, to recognize the importance HEALTH DISPARITIES legislation was introduced by Senator of arts literacy in our Nation's schools. Sec. 501. Public awareness and information COCHRAN and passed the Senate on Oc- Mr. MCKEON. Mr. Speaker, I have no dissemination. tober 27 by unanimous consent. This further requests for time, and I yield TITLE VI—MISCELLANEOUS PROVISIONS bill amends the Congressional Award back the balance of my time. The SPEAKER pro tempore. The Sec. 601. Departmental definition regarding Act, which is authorized until fiscal minority individuals. year 2005, to establish a board towards question is on the motion offered by Sec. 602. Conforming provision regarding schools and students for excellence in the gentleman from California (Mr. definitions. the arts and in arts education. MCKEON) that the House suspend the Sec. 603. Effective date. The legislation would also set up a rules and pass the Senate bill, S. 2789. SEC. 2. FINDINGS. trust fund and allow board members to The question was taken; and (two- The Congress finds as follows: seek and accept from sources other thirds having voted in favor thereof) (1) Despite notable progress in the overall than the Federal Government funds to the rules were suspended and the Sen- health of the Nation, there are continuing carry out activities for the award pro- ate bill was passed. disparities in the burden of illness and death gram. This would be done at little, if A motion to reconsider was laid on experienced by African Americans, His- any, direct expense to the taxpayers. the table. panics, Native Americans, Alaska Natives, and Asian Pacific Islanders, compared to the f This bill supports arts education for United States population as a whole. our most important population, our MINORITY HEALTH AND HEALTH (2) The largest numbers of the medically children. Studies have shown that arts DISPARITIES RESEARCH AND underserved are white individuals, and many education stimulates, develops, and re- EDUCATION ACT OF 2000 of them have the same health care access fines many cognitive and creative problems as do members of minority groups. skills in children and young adults. Mr. NORWOOD. Mr. Speaker, I move Nearly 20,000,000 white individuals live below Emphasizing high-quality art and art to suspend the rules and pass the Sen- the poverty line with many living in non- curriculum through this award will ate bill (S. 1880) to amend the Public metropolitan, rural areas such as Appa- Health Service Act to improve the lachia, where the high percentage of counties further these worthwhile objectives. designated as health professional shortage Mr. Speaker, I urge Members to sup- health of minority individuals. The Clerk read as follows: areas (47 percent) and the high rate of pov- port this legislation. erty contribute to disparity outcomes. How- Mr. Speaker, I yield back the balance S. 1880 ever, there is a higher proportion of racial of my time. Be it enacted by the Senate and House of Rep- and ethnic minorities in the United States Mr. MCKEON. Mr. Speaker, I want to resentatives of the United States of America in represented among the medically under- thank the gentleman from Michigan Congress assembled, served.

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(3) There is a national need for minority of research, training, dissemination of infor- ‘‘(f) COLLABORATIVE COMPREHENSIVE PLAN scientists in the fields of biomedical, clin- mation, and other programs with respect to AND BUDGET.— ical, behavioral, and health services re- minority health conditions and other popu- ‘‘(1) IN GENERAL.—Subject to the provisions search. Ninety percent of minority physi- lations with health disparities. of this section and other applicable law, the cians educated at Historically Black Medical ‘‘(b) PRIORITIES.—The Director of the Cen- Director of NIH, the Director of the Center, Colleges live and serve in minority commu- ter shall in expending amounts appropriated and the directors of the other agencies of the nities. under this subpart give priority to con- National Institutes of Health in collabora- (4) Demographic trends inspire concern ducting and supporting minority health dis- tion (and in consultation with the advisory about the Nation’s ability to meet its future parities research. council for the Center) shall— scientific, technological and engineering ‘‘(c) MINORITY HEALTH DISPARITIES RE- ‘‘(A) establish a comprehensive plan and workforce needs. Historically, non-Hispanic SEARCH.—For purposes of this subpart: budget for the conduct and support of all mi- white males have made up the majority of ‘‘(1) The term ‘minority health disparities nority health disparities research and other the United States scientific, technological, research’ means basic, clinical, and behav- health disparities research activities of the and engineering workers. ioral research on minority health conditions agencies of the National Institutes of Health (5) The Hispanic and Black population will (as defined in paragraph (2)), including re- (which plan and budget shall be first estab- increase significantly in the next 50 years. search to prevent, diagnose, and treat such lished under this subsection not later than 12 The scientific, technological, and engineer- conditions. months after the date of the enactment of ing workforce may decrease if participation ‘‘(2) The term ‘minority health conditions’, this subpart); by underepresented minorities remains the with respect to individuals who are members ‘‘(B) ensure that the plan and budget estab- same. of minority groups, means all diseases, dis- lish priorities among the health disparities (6) Increasing rates of Black and Hispanic orders, and conditions (including with re- research activities that such agencies are au- workers can help ensure strong scientific, spect to mental health and substance thorized to carry out; technological, and engineering workforce. abuse)— ‘‘(C) ensure that the plan and budget estab- (7) Individuals such as underepresented mi- ‘‘(A) unique to, more serious, or more prev- lish objectives regarding such activities, de- norities and women in the scientific, techno- alent in such individuals; scribes the means for achieving the objectives, and designates the date by which the logical, and engineering workforce enable so- ‘‘(B) for which the factors of medical risk objectives are expected to be achieved; ciety to address its diverse needs. or types of medical intervention may be dif- ‘‘(D) ensure that, with respect to amounts (8) If there had not been a substantial in- ferent for such individuals, or for which it is appropriated for activities of the Center, the crease in the number of science and engi- unknown whether such factors or types are plan and budget give priority in the expendi- neering degrees awarded to women and different for such individuals; or ture of funds to conducting and supporting underepresented minorities over the past few ‘‘(C) with respect to which there has been minority health disparities research; decades, the United States would be facing insufficient research involving such individ- ‘‘(E) ensure that all amounts appropriated even greater shortages in scientific, techno- uals as subjects or insufficient data on such for such activities are expended in accord- logical, and engineering workers. individuals. ance with the plan and budget; (9) In order to effectively promote a di- ‘‘(3) The term ‘minority group’ has the ‘‘(F) review the plan and budget not less verse and strong 21st Century scientific, meaning given the term ‘racial and ethnic than annually, and revise the plan and budg- technological, and engineering workforce, minority group’ in section 1707. et as appropriate; Federal agencies should expand or add pro- ‘‘(4) The terms ‘minority’ and ‘minorities’ ‘‘(G) ensure that the plan and budget serve grams that effectively overcome barriers refer to individuals from a minority group. as a broad, binding statement of policies re- such as educational transition from one level ‘‘(d) HEALTH DISPARITY POPULATIONS.—For to the next and student requirements for fi- garding minority health disparities research purposes of this subpart: and other health disparities research activi- nancial resources. ‘‘(1) A population is a health disparity pop- (10) Federal agencies should work in con- ties of the agencies, but do not remove the ulation if, as determined by the Director of responsibility of the heads of the agencies cert with the private nonprofit sector to em- the Center after consultation with the Direc- phasize the recruitment and retention of for the approval of specific programs or tor of the Agency for Healthcare Research projects, or for other details of the daily ad- qualified individuals from ethnic and gender and Quality, there is a significant disparity groups that are currently underrepresented ministration of such activities, in accord- in the overall rate of disease incidence, prev- ance with the plan and budget; and in the scientific, technological, and engi- alence, morbidity, mortality, or survival neering workforce. ‘‘(H) promote coordination and collabora- rates in the population as compared to the tion among the agencies conducting or sup- (11) Behavioral and social sciences research health status of the general population. has increased awareness and understanding porting minority health or other health dis- ‘‘(2) The Director shall give priority con- parities research. of factors associated with health care utili- sideration to determining whether minority ‘‘(2) CERTAIN COMPONENTS OF PLAN AND zation and access, patient attitudes toward groups qualify as health disparity popu- health services, and risk and protective be- BUDGET.—With respect to health disparities lations under paragraph (1). research activities of the agencies of the Na- haviors that affect health and illness. These ‘‘(3) The term ‘health disparities research’ factors have the potential to then be modi- tional Institutes of Health, the Director of means basic, clinical, and behavioral re- the Center shall ensure that the plan and fied to help close the health disparities gap search on health disparity populations (in- among ethnic minority populations. In addi- budget under paragraph (1) provide for— cluding individual members and commu- ‘‘(A) basic research and applied research, tion, there is a shortage of minority behav- nities of such populations) that relates to ioral science researchers and behavioral including research and development with re- health disparities as defined under paragraph spect to products; health care professionals. According to the (1), including the causes of such disparities National Science Foundation, only 15.5 per- ‘‘(B) research that is conducted by the and methods to prevent, diagnose, and treat agencies; cent of behavioral research-oriented psy- such disparities. chology doctorate degrees were awarded to ‘‘(C) research that is supported by the ‘‘(e) COORDINATION OF ACTIVITIES.—The Di- agencies; minority students in 1997. In addition, only rector of the Center shall act as the primary 17.9 percent of practice-oriented psychology ‘‘(D) proposals developed pursuant to so- Federal official with responsibility for co- licitations by the agencies and for proposals doctorate degrees were awarded to ethnic ordinating all minority health disparities re- minorities. developed independently of such solicita- search and other health disparities research tions; and TITLE I—IMPROVING MINORITY HEALTH conducted or supported by the National In- ‘‘(E) behavioral research and social AND REDUCING HEALTH DISPARITIES stitutes of Health, and— sciences research, which may include cul- THROUGH NATIONAL INSTITUTES OF ‘‘(1) shall represent the health disparities tural and linguistic research in each of the HEALTH; ESTABLISHMENT OF NA- research program of the National Institutes agencies. TIONAL CENTER of Health, including the minority health dis- ‘‘(3) MINORITY HEALTH DISPARITIES RE- SEC. 101. ESTABLISHMENT OF NATIONAL CENTER parities research program, at all relevant SEARCH.—The plan and budget under para- ON MINORITY HEALTH AND HEALTH Executive branch task forces, committees graph (1) shall include a separate statement DISPARITIES. and planning activities; and of the plan and budget for minority health (a) IN GENERAL.—Part E of title IV of the ‘‘(2) shall maintain communications with disparities research. Public Health Service Act (42 U.S.C. 287 et all relevant Public Health Service agencies, ‘‘(g) PARTICIPATION IN CLINICAL RE- seq.) is amended by adding at the end the fol- including the Indian Health Service, and var- SEARCH.—The Director of the Center shall lowing subpart: ious other departments of the Federal Gov- work with the Director of NIH and the direc- ‘‘Subpart 6—National Center on Minority ernment to ensure the timely transmission tors of the agencies of the National Insti- Health and Health Disparities of information concerning advances in mi- tutes of Health to carry out the provisions of ‘‘SEC. 485E. PURPOSE OF CENTER. nority health disparities research and other section 492B that relate to minority groups. ‘‘(a) IN GENERAL.—The general purpose of health disparities research between these ‘‘(h) RESEARCH ENDOWMENTS.— the National Center on Minority Health and various agencies for dissemination to af- ‘‘(1) IN GENERAL.—The Director of the Cen- Health Disparities (in this subpart referred fected communities and health care pro- ter may carry out a program to facilitate to as the ‘Center’) is the conduct and support viders. minority health disparities research and

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other health disparities research by pro- ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— a consortium to receive an award under sub- viding for research endowments at centers of For the purpose of carrying out this subpart, section (a). excellence under section 736. there are authorized to be appropriated ‘‘(3) APPLICATION OF CRITERIA TO OTHER ‘‘(2) ELIGIBILITY.—The Director of the Cen- $100,000,000 for fiscal year 2001, and such sums PROGRAMS.—In the case of any criteria estab- ter may provide for a research endowment as may be necessary for each of the fiscal lished by the Director of the Center for pur- under paragraph (1) only if the institution years 2002 through 2005. Such authorization poses of determining whether institutions involved meets the following conditions: of appropriations is in addition to other au- meet the conditions described in paragraph ‘‘(A) The institution does not have an en- thorizations of appropriations that are avail- (1), this section may not, with respect to mi- dowment that is worth in excess of an able for the conduct and support of minority nority health disparity populations or other amount equal to 50 percent of the national health disparities research or other health health disparity populations, be construed to average of endowment funds at institutions disparities research by the agencies of the authorize, require, or prohibit the use of that conduct similar biomedical research or National Institutes of Health.’’. such criteria in any program other than the training of health professionals. (b) CONFORMING AMENDMENT.—Part A of program established in this section. ‘‘(B) The application of the institution title IV of the Public Health Service Act (42 ‘‘(d) DURATION OF GRANT.—The period dur- under paragraph (1) regarding a research en- U.S.C. 281 et seq.) is amended— ing which payments are made under a grant dowment has been recommended pursuant to (1) in section 401(b)(2)— under subsection (a) may not exceed 5 years. technical and scientific peer review and has (A) in subparagraph (F), by moving the Such payments shall be subject to annual ap- been approved by the advisory council under subparagraph two ems to the left; and proval by the Director of the Center and to subsection (j). (B) by adding at the end the following sub- the availability of appropriations for the fis- ‘‘(i) CERTAIN ACTIVITIES.—In carrying out paragraph: cal year involved to make the payments. subsection (a), the Director of the Center— ‘‘(G) The National Center on Minority ‘‘(e) MAINTENANCE OF EFFORT.— ‘‘(1) shall assist the Director of the Na- Health and Health Disparities.’’; and ‘‘(1) IN GENERAL.—With respect to activi- tional Center for Research Resources in car- (2) by striking section 404. ties for which an award under subsection (a) rying out section 481(c)(3) and in committing SEC. 102. CENTERS OF EXCELLENCE FOR RE- is authorized to be expended, the Director of resources for construction at Institutions of SEARCH EDUCATION AND TRAINING. the Center may not make such an award to Emerging Excellence; Subpart 6 of part E of title IV of the Public a designated research institution or consor- ‘‘(2) shall establish projects to promote co- Health Service Act, as added by section tium for any fiscal year unless the institu- operation among Federal agencies, State, 101(a) of this Act, is amended by adding at tion, or institutions in the consortium, as local, tribal, and regional public health the end the following section: the case may be, agree to maintain expenditures of non-Federal amounts for such ac- agencies, and private entities in health dis- ‘‘SEC. 485F. CENTERS OF EXCELLENCE FOR RE- parities research; and SEARCH EDUCATION AND TRAINING. tivities at a level that is not less than the level of such expenditures maintained by the ‘‘(3) may utilize information from previous ‘‘(a) IN GENERAL.—The Director of the Cen- health initiatives concerning minorities and ter shall make awards of grants or contracts institutions involved for the fiscal year pre- other health disparity populations. to designated biomedical and behavioral re- ceding the fiscal year for which such institutions receive such an award. ‘‘(j) ADVISORY COUNCIL.— search institutions under paragraph (1) of ‘‘(2) USE OF FEDERAL FUNDS.—With respect ‘‘(1) IN GENERAL.—The Secretary shall, in subsection (c), or to consortia under para- accordance with section 406, establish an ad- graph (2) of such subsection, for the purpose to any Federal amounts received by a des- visory council to advise, assist, consult with, of assisting the institutions in supporting ignated research institution or consortium and make recommendations to the Director programs of excellence in biomedical and be- and available for carrying out activities for of the Center on matters relating to the ac- havioral research training for individuals which an award under subsection (a) is au- tivities described in subsection (a), and with who are members of minority health dis- thorized to be expended, the Director of the respect to such activities to carry out any parity populations or other health disparity Center may make such an award only if the other functions described in section 406 for populations. institutions involved agree that the institutions will, before expending the award, ex- advisory councils under such section. Func- ‘‘(b) REQUIRED USE OF FUNDS.—An award tions under the preceding sentence shall in- may be made under subsection (a) only if the pend the Federal amounts obtained from clude making recommendations on budg- applicant involved agrees that the grant will sources other than the award. ‘‘(f) CERTAIN EXPENDITURES.—The Director etary allocations made in the plan under be expended— of the Center may authorize a designated subsection (f), and shall include reviewing ‘‘(1) to train members of minority health biomedical and behavioral research institu- reports under subsection (k) before the re- disparity populations or other health dis- tion to expend a portion of an award under ports are submitted under such subsection. parity populations as professionals in the subsection (a) for research endowments. ‘‘(2) MEMBERSHIP.—With respect to the area of biomedical or behavioral research or ‘‘(g) DEFINITIONS.—For purposes of this sec- membership of the advisory council under both; or tion: paragraph (1), a majority of the members ‘‘(2) to expand, remodel, renovate, or alter ‘‘(1) The term ‘designated biomedical and shall be individuals with demonstrated ex- existing research facilities or construct new behavioral research institution’ has the pertise regarding minority health disparity research facilities for the purpose of con- meaning indicated for such term in sub- and other health disparity issues; represent- ducting minority health disparities research section (c)(1). Such term includes any health atives of communities impacted by minority and other health disparities research. professions school receiving an award of a and other health disparities shall be in- ‘‘(c) CENTERS OF EXCELLENCE.— grant or contract under section 736. cluded; and a diversity of health profes- ‘‘(1) IN GENERAL.—For purposes of this sec- ‘‘(2) The term ‘program of excellence’ sionals shall be represented. The member- tion, a designated biomedical and behavioral means any program carried out by a des- ship shall in addition include a representa- research institution is a biomedical and be- ignated biomedical and behavioral research tive of the Office of Behavioral and Social havioral research institution that— institution with an award under subsection Sciences Research under section 404A. ‘‘(A) has a significant number of members (a), if the program is for purposes for which ‘‘(k) ANNUAL REPORT.—The Director of the of minority health disparity populations or the institution involved is authorized in sub- Center shall prepare an annual report on the other health disparity populations enrolled section (b) to expend the grant. activities carried out or to be carried out by as students in the institution (including in- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— the Center, and shall submit each such re- dividuals accepted for enrollment in the in- For the purpose of making grants under sub- port to the Committee on Health, Education, stitution); section (a), there are authorized to be appro- Labor, and Pensions of the Senate, the Com- ‘‘(B) has been effective in assisting such priated such sums as may be necessary for mittee on Commerce of the House of Rep- students of the institution to complete the each of the fiscal years 2001 through 2005.’’. resentatives, the Secretary, and the Director program of education or training and receive SEC. 103. EXTRAMURAL LOAN REPAYMENT PRO- of NIH. With respect to the fiscal year in- the degree involved; GRAM FOR MINORITY HEALTH DIS- volved, the report shall— ‘‘(C) has made significant efforts to recruit PARITIES RESEARCH. ‘‘(1) describe and evaluate the progress minority students to enroll in and graduate Subpart 6 of part E of title IV of the Public made in health disparities research con- from the institution, which may include pro- Health Service Act, as amended by section ducted or supported by the national research viding means-tested scholarships and other 102 of this Act, is amended by adding at the institutes; financial assistance as appropriate; and end the following section: ‘‘(2) summarize and analyze expenditures ‘‘(D) has made significant recruitment ef- ‘‘SEC. 485G. LOAN REPAYMENT PROGRAM FOR MI- made for activities with respect to health forts to increase the number of minority or NORITY HEALTH DISPARITIES RE- disparities research conducted or supported other members of health disparity popu- SEARCH. by the National Institutes of Health; lations serving in faculty or administrative ‘‘(a) IN GENERAL.—The Director of the Cen- ‘‘(3) include a separate statement applying positions at the institution. ter shall establish a program of entering into the requirements of paragraphs (1) and (2) ‘‘(2) CONSORTIUM.—Any designated bio- contracts with qualified health professionals specifically to minority health disparities medical and behavioral research institution under which such health professionals agree research; and involved may, with other biomedical and be- to engage in minority health disparities re- ‘‘(4) contain such recommendations as the havioral institutions (designated or other- search or other health disparities research in Director considers appropriate. wise), including tribal health programs, form consideration of the Federal Government

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.112 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11689 agreeing to repay, for each year of engaging port concerning the results of such evalua- pacity of institutions that train such rein such research, not more than $35,000 of the tion.’’. searchers; and principal and interest of the educational SEC. 105. REPORT REGARDING RESOURCES OF ‘‘(6) beginning with fiscal year 2003, annu- loans of such health professionals. NATIONAL INSTITUTES OF HEALTH ally submit to the Congress a report regard- ‘‘(b) SERVICE PROVISIONS.—The provisions DEDICATED TO MINORITY AND ing prevailing disparities in health care de- of sections 338B, 338C, and 338E shall, except OTHER HEALTH DISPARITIES RE- livery as it relates to racial factors and so- as inconsistent with subsection (a), apply to SEARCH. cioeconomic factors in priority populations. the program established in such subsection Not later than December 1, 2003, the Direc- ‘‘(b) RESEARCH AND DEMONSTRATION to the same extent and in the same manner tor of the National Center on Minority PROJECTS.— as such provisions apply to the National Health and Health Disparities (established ‘‘(1) IN GENERAL.—In carrying out sub- Health Service Corps Loan Repayment Pro- by the amendment made by section 101(a)), section (a), the Director shall conduct and gram established in subpart III of part D of after consultation with the advisory council support research and support demonstrations title III. for such Center, shall submit to the Con- to— ‘‘(c) REQUIREMENT REGARDING HEALTH DIS- gress, the Secretary of Health and Human ‘‘(A) identify the clinical, cultural, socio- PARITY POPULATIONS.—The Director of the Services, and the Director of the National economic, geographic, and organizational Center shall ensure that not fewer than 50 Institutes of Health a report that provides factors that contribute to health disparities, percent of the contracts entered into under the following: including minority health disparity popu- subsection (a) are for appropriately qualified (1) Recommendations for the methodology lations, which research shall include behav- health professionals who are members of a that should be used to determine the extent ioral research, such as examination of pat- health disparity population. of the resources of the National Institutes of terns of clinical decisionmaking, and re- ‘‘(d) PRIORITY.—With respect to minority Health that are dedicated to minority health search on access, outreach, and the avail- health disparities research and other health disparities research and other health dispari- ability of related support services (such as disparities research under subsection (a), the ties research, including determining the cultural and linguistic services); Secretary shall ensure that priority is given amount of funds that are used to conduct ‘‘(B) identify and evaluate clinical and or- to conducting projects of biomedical re- and support such research. With respect to ganizational strategies to improve the qual- search. such methodology, the report shall address ity, outcomes, and access to care for health disparity populations, including minority ‘‘(e) FUNDING.— any discrepancies between the methodology health disparity populations; ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— used by such Institutes as of the date of the ‘‘(C) test such strategies and widely dis- For the purpose of carrying out this section, enactment of this Act and the methodology seminate those strategies for which there is there are authorized to be appropriated such used by the Institute of Medicine as of such scientific evidence of effectiveness; and sums as may be necessary for each of the fis- date. ‘‘(D) determine the most effective ap- cal years 2001 through 2005. (2) A determination of whether and to what proaches for disseminating research findings ‘‘(2) AVAILABILITY OF APPROPRIATIONS.— extent, relative to fiscal year 1999, there has to health disparity populations, including Amounts available for carrying out this sec- been an increase in the level of resources of minority populations. tion shall remain available until the expira- the National Institutes of Health that are ‘‘(2) USE OF CERTAIN STRATEGIES.—In car- tion of the second fiscal year beginning after dedicated to minority health disparities research, including the amount of funds used rying out this section, the Director shall im- the fiscal year for which the amounts were plement research strategies and mechanisms made available.’’. to conduct and support such research. The report shall include provisions describing that will enhance the involvement of indi- SEC. 104. GENERAL PROVISIONS REGARDING THE whether and to what extent there have been viduals who are members of minority health CENTER. disparity populations or other health dis- Subpart 6 of part E of title IV of the Public increases in the number and amount of awards to minority serving institutions. parity populations, health services research- Health Service Act, as amended by section ers who are such individuals, institutions 103 of this Act, is amended by adding at the TITLE II—HEALTH DISPARITIES RE- that train such individuals as researchers, end the following section: SEARCH BY AGENCY FOR HEALTHCARE members of minority health disparity popu- ‘‘SEC. 485H. GENERAL PROVISIONS REGARDING RESEARCH AND QUALITY lations or other health disparity populations THE CENTER. SEC. 201. HEALTH DISPARITIES RESEARCH BY for whom the Agency is attempting to im- ‘‘(a) ADMINISTRATIVE SUPPORT FOR CEN- AGENCY FOR HEALTHCARE RE- prove the quality and outcomes of care, and TER.—The Secretary, acting through the Di- SEARCH AND QUALITY. representatives of appropriate tribal or other rector of the National Institutes of Health, (a) GENERAL.—Part A of title IX of the community-based organizations with respect shall provide administrative support and Public Health Service Act (42 U.S.C. 299 et to health disparity populations. Such re- support services to the Director of the Cen- seq.) is amended— search strategies and mechanisms may inter and shall ensure that such support takes (1) in section 902, by striking subsection clude the use of— maximum advantage of existing administra- (g); and ‘‘(A) centers of excellence that can dem- tive structures at the agencies of the Na- (2) by adding at the end the following: onstrate, either individually or through con- tional Institutes of Health. ‘‘SEC. 903. RESEARCH ON HEALTH DISPARITIES. sortia, a combination of multi-disciplinary ‘‘(b) EVALUATION AND REPORT.— ‘‘(a) IN GENERAL.—The Director shall— expertise in outcomes or quality improve- ‘‘(1) EVALUATION.—Not later than 5 years ‘‘(1) conduct and support research to iden- ment research, linkages to relevant sites of after the date of the enactment of this sub- tify populations for which there is a signifi- care, and a demonstrated capacity to involve part, the Secretary shall conduct an evalua- cant disparity in the quality, outcomes, cost, members and communities of health dis- tion to— or use of health care services or access to parity populations, including minority ‘‘(A) determine the effect of this subpart and satisfaction with such services, as com- health disparity populations, in the plan- on the planning and coordination of health pared to the general population; ning, conduct, dissemination, and trans- disparities research programs at the agencies ‘‘(2) conduct and support research on the lation of research; of the National Institutes of Health; causes of and barriers to reducing the health ‘‘(B) provider-based research networks, in- ‘‘(B) evaluate the extent to which this sub- disparities identified in paragraph (1), taking cluding health plans, facilities, or delivery part has eliminated the duplication of ad- into account such factors as socioeconomic system sites of care (especially primary ministrative resources among such Insti- status, attitudes toward health, the lan- care), that make extensive use of health care tutes, centers and divisions; and guage spoken, the extent of formal edu- providers who are members of health dis- ‘‘(C) provide, to the extent determined by cation, the area or community in which the parity populations or who serve patients in the Secretary to be appropriate, rec- population resides, and other factors the Di- such populations and have the capacity to ommendations concerning future legislative rector determines to be appropriate; evaluate and promote quality improvement; modifications with respect to this subpart, ‘‘(3) conduct and support research and sup- ‘‘(C) service delivery models (such as for both minority health disparities research port demonstration projects to identify, test, health centers under section 330 and the In- and other health disparities research. and evaluate strategies for reducing or dian Health Service) to reduce health dis- ‘‘(2) MINORITY HEALTH DISPARITIES RE- eliminating health disparities, including de- parities; and SEARCH.—The evaluation under paragraph (1) velopment or identification of effective serv- ‘‘(D) innovative mechanisms or strategies shall include a separate statement that ap- ice delivery models, and disseminate effec- that will facilitate the translation of past re- plies subparagraphs (A) and (B) of such para- tive strategies and models; search investments into clinical practices graph to minority health disparities re- ‘‘(4) develop measures and tools for the as- that can reasonably be expected to benefit search. sessment and improvement of the outcomes, these populations. ‘‘(3) REPORT.—Not later than 1 year after quality, and appropriateness of health care ‘‘(c) QUALITY MEASUREMENT DEVELOP- the date on which the evaluation is com- services provided to health disparity popu- MENT.— menced under paragraph (1), the Secretary lations; ‘‘(1) IN GENERAL.—To ensure that health shall prepare and submit to the Committee ‘‘(5) in carrying out section 902(c), provide disparity populations, including minority on Health, Education, Labor, and Pensions of support to increase the number of research- health disparity populations, benefit from the Senate, and the Committee on Com- ers who are members of health disparity pop- the progress made in the ability of individ- merce of the House of Representatives, a re- ulations, and the health services research ca- uals to measure the quality of health care

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.112 pfrm02 PsN: H31PT1 H11690 CONGRESSIONAL RECORD — HOUSE October 31, 2000 delivery, the Director shall support the de- ing protections for equal access to health sources and Services Administration, may velopment of quality of health care measures care; make awards of grants, contracts, or cooper- that assess the experience of such popu- (2) examines the effectiveness of the sys- ative agreements to eligible entities for the lations with health care systems, such as tems and practices of the Department of purpose of carrying out research and dem- measures that assess the access of such pop- Health and Human Services described in sub- onstration projects (including research and ulations to health care, the cultural com- section (a), including pilot and demonstra- demonstration projects for continuing health petence of the care provided, the quality of tion projects of the Department, and the ef- professions education) for training and edu- the care provided, the outcomes of care, or fectiveness of selected systems and practices cation for the reduction of disparities in other aspects of health care practice that the of other Federal, State, and tribal agencies health care outcomes and the provision of Director determines to be important. and the private sector, in collecting and ana- culturally competent health care. Grants ‘‘(2) EXAMINATION OF CERTAIN PRACTICES.— lyzing such data; under this section shall be the same as pro- The Director shall examine the practices of (3) contains recommendations for ensuring vided in section 741.’’. providers that have a record of reducing that the Department of Health and Human ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— health disparities or have experience in pro- Services, in administering its entire array of There are to be appropriated to carry out viding culturally competent health services programs and activities, collects, or causes subsection (a) such sums as may be nec- to minority health disparity populations or to be collected, reliable and complete infor- essary for each of the fiscal years 2001 other health disparity populations. In exam- mation relating to race and ethnicity; and through 2004.’’. ining such practices of providers funded (4) includes projections about the costs as- SEC. 402. NATIONAL CONFERENCE ON HEALTH under the authorities of this Act, the Direc- sociated with the implementation of the rec- PROFESSIONS EDUCATION AND tor shall consult with the heads of the rel- ommendations described in paragraph (3), HEALTH DISPARITIES. evant agencies of the Public Health Service. and the possible effects of the costs on pro- (a) IN GENERAL.—Not later than 1 year ‘‘(3) REPORT.—Not later than 36 months gram operations. after the date of enactment of this Act, the after the date of the enactment of this sec- (c) AUTHORIZATION OF APPROPRIATIONS.— Secretary of Health and Human Services (in tion, the Secretary, acting through the Di- For the purpose of carrying out this section, this section referred to as the ‘‘Secretary’’), rector, shall prepare and submit to the ap- there are authorized to be appropriated such acting through the Administrator of the propriate committees of Congress a report sums as may be necessary for fiscal year Health Resources and Services Administra- describing the state-of-the-art of quality 2001. tion, shall convene a national conference on measurement for minority and other health TITLE IV—HEALTH PROFESSIONS health professions education as a method for disparity populations that will identify crit- EDUCATION reducing disparities in health outcomes. ical unmet needs, the current activities of (b) PARTICIPANTS.—The Secretary shall in- SEC. 401. HEALTH PROFESSIONS EDUCATION IN clude in the national conference convened the Department to address those needs, and HEALTH DISPARITIES. a description of related activities in the pri- under subsection (a) advocacy groups and (a) IN GENERAL.—Part B of title VII of the educational entities as described in section vate sector. Public Health Service Act (42 U.S.C. 293 et ‘‘(d) DEFINITION.—For purposes of this sec- 741 of the Public Health Service Act (as seq.) is amended by inserting after section added by section 401), tribal health pro- tion: 740 the following: ‘‘(1) The term ‘health disparity population’ grams, health centers under section 330 of ‘‘SEC. 741. GRANTS FOR HEALTH PROFESSIONS such Act, and other interested parties. has the meaning given such term in section EDUCATION. 485E, except that in addition to the meaning (c) ISSUES.—The national conference con- ‘‘(a) GRANTS FOR HEALTH PROFESSIONS EDU- vened under subsection (a) shall include, but so given, the Director may determine that CATION IN HEALTH DISPARITIES AND CULTURAL such term includes populations for which is not limited to, issues that address the role COMPETENCY.— and impact of health professions education there is a significant disparity in the qual- ‘‘(1) IN GENERAL.—The Secretary, acting ity, outcomes, cost, or use of health care on the reduction of disparities in health out- through the Administrator of the Health Re- comes, including the role of education on services or access to or satisfaction with sources and Services Administration, may such services as compared to the general cultural competency. The conference shall make awards of grants, contracts, or cooper- focus on methods to achieve reductions in population. ative agreements to public and nonprofit pri- ‘‘(2) The term ‘minority’, with respect to disparities in health outcomes through vate entities (including tribal entities) for health professions education (including con- populations, refers to racial and ethnic mi- the purpose of carrying out research and nority groups as defined in section 1707.’’. tinuing education programs) and strategies demonstration projects (including research for outcomes measurement to assess the ef- (b) FUNDING.—Section 927 of the Public and demonstration projects for continuing Health Service Act (42 U.S.C. 299c–6) is fectiveness of education in reducing dispari- health professions education) for training ties. amended by adding at the end the following: and education of health professionals for the ‘‘(d) HEALTH DISPARITIES RESEARCH.—For (d) PUBLICATION OF FINDINGS.—Not later reduction of disparities in health care out- the purpose of carrying out the activities than 6 months after the national conference comes and the provision of culturally com- under section 903, there are authorized to be under subsection (a) has convened, the Sec- petent health care. appropriated $50,000,000 for fiscal year 2001, retary shall publish in the Federal Register ‘‘(2) ELIGIBLE ENTITIES.—Unless specifically a summary of the proceedings and findings of and such sums as may be necessary for each required otherwise in this title, the Sec- of the fiscal years 2002 through 2005.’’. the conference. retary shall accept applications for grants or (e) AUTHORIZATION OF APPROPRIATIONS.— TITLE III—DATA COLLECTION RELATING contracts under this section from health pro- There is authorized to be appropriated such TO RACE OR ETHNICITY fessions schools, academic health centers, sums as may be necessary to carry out this SEC. 301. STUDY AND REPORT BY NATIONAL State or local governments, or other appro- section. ACADEMY OF SCIENCES. priate public or private nonprofit entities (or SEC. 403. ADVISORY RESPONSIBILITIES IN (a) STUDY.—The National Academy of consortia of entities, including entities pro- HEALTH PROFESSIONS EDUCATION Sciences shall conduct a comprehensive moting multidisciplinary approaches) for IN HEALTH DISPARITIES AND CUL- study of the Department of Health and funding and participation in health profes- TURAL COMPETENCY. Human Services’ data collection systems and sions training activities. The Secretary may Section 1707 of the Public Health Service practices, and any data collection or report- accept applications from for-profit private Act (42 U.S.C. 300u–6) is amended— ing systems required under any of the pro- entities as determined appropriate by the (1) in subsection (b), by adding at the end grams or activities of the Department, relat- Secretary. the following paragraph: ing to the collection of data on race or eth- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(10) Advise in matters related to the de- nicity, including other Federal data collec- There are authorized to be appropriated to velopment, implementation, and evaluation tion systems (such as the Social Security carry out subsection (a), $3,500,000 for fiscal of health professions education in decreasing Administration) with which the Department year 2001, $7,000,000 for fiscal year 2002, disparities in health care outcomes, includ- interacts to collect relevant data on race and $7,000,000 for fiscal year 2003, and $3,500,000 ing cultural competency as a method of ethnicity. for fiscal year 2004.’’. eliminating health disparities.’’; (b) REPORT.—Not later than 1 year after (b) NURSING EDUCATION.—Part A of title (2) in subsection (c)(2), by striking ‘‘para- the date of enactment of this Act, the Na- VIII of the Public Health Service Act (42 graphs (1) through (9)’’ and inserting ‘‘para- tional Academy of Sciences shall prepare U.S.C. 296 et seq.) is amended— graphs (1) through (10)’’; and and submit to the Committee on Health, (1) by redesignating section 807 as section (3) in subsection (d), by amending para- Education, Labor, and Pensions of the Sen- 808; and graph (1) to read as follows: ate and the Committee on Commerce of the (2) by inserting after section 806 the fol- ‘‘(1) RECOMMENDATIONS REGARDING LAN- House of Representatives, a report that— lowing: GUAGE.— (1) identifies the data needed to support ef- ‘‘SEC. 807. GRANTS FOR HEALTH PROFESSIONS ‘‘(A) PROFICIENCY IN SPEAKING ENGLISH.— forts to evaluate the effects of socio- EDUCATION. The Deputy Assistant Secretary shall con- economic status, race and ethnicity on ac- ‘‘(a) GRANTS FOR HEALTH PROFESSIONS EDU- sult with the Director of the Office of Inter- cess to health care and other services and on CATION IN HEALTH DISPARITIES AND CULTURAL national and Refugee Health, the Director of disparity in health and other social out- COMPETENCY.—The Secretary, acting the Office of Civil Rights, and the Directors comes and the data needed to enforce exist- through the Administrator of the Health Re- of other appropriate departmental entities

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.112 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11691 regarding recommendations for carrying out which to revise and extend their re- on education. The bill will provide ac- activities under subsection (b)(9). marks on S. 1880. cess to critical funding for those ‘‘(B) HEALTH PROFESSIONS EDUCATION RE- The SPEAKER pro tempore. Is there schools that are researching health dis- GARDING HEALTH DISPARITIES.—The Deputy objection to the request of the gen- parities and educating the health pro- Assistant Secretary shall carry out the duties under subsection (b)(10) in collaboration tleman from Georgia? fessionals that will bring treatment to with appropriate personnel of the Depart- There was no objection. minority and health disparity commu- ment of Health of Human Services, other Mr. NORWOOD. Mr. Speaker, I yield nities. We can wait to do anything un- Federal agencies, and other offices, centers, myself such time as I may consume. less we address each cause or we can and institutions, as appropriate, that have Mr. Speaker, whether we care to move immediately to repair those responsibilities under the Minority Health admit it or not, there are disparities in things that we can. and Health Disparities Research and Edu- health care in America today. In the Mr. Speaker, since we are dealing cation Act of 2000.’’. minority health community, there are with the life and health of Americans, TITLE V—PUBLIC AWARENESS AND DIS- clearly significant disparities in health we have no choice but the latter, and I SEMINATION OF INFORMATION ON outcomes. urge all of my colleagues to support HEALTH DISPARITIES b this bill. SEC. 501. PUBLIC AWARENESS AND INFORMA- 2115 Mr. Speaker, I reserve the balance of TION DISSEMINATION. In the African-American community, my time. (a) PUBLIC AWARENESS ON HEALTH DISPARI- the Asian-American community, and Mr. STRICKLAND. Mr. Speaker, I TIES.—The Secretary of Health and Human the Hispanic-American community, yield myself 2 minutes. Services (in this section referred to as the there are disproportionate incidences Mr. Speaker, I am very pleased that ‘‘Secretary’’) shall conduct a national cam- the House is considering the Minority paign to inform the public and health care of cardiovascular disease and certain professionals about health disparities in mi- forms of cancer. This also holds true Health and Health Disparities Research nority and other underserved populations by for certain nonminority, low-income, and Education Act this evening. This is disseminating information and materials rural communities as well. legislation that will improve the available on specific diseases affecting these Mr. Speaker, the two questions we health status of many Americans who populations and programs and activities to must have the courage and the deter- suffer the inequity of health dispari- address these disparities. The campaign mination to answer are why, and what ties. I think the need for this bill is shall— demonstrated by the tragic fact that (1) have a specific focus on minority and can be done about it? It takes courage because the admission of the problem minorities in America lag behind other other underserved communities with health Americans in nearly every health indi- disparities; and moves us all out of our comfort zone, (2) include an evaluation component to as- in which we are all too content to just cator, including health care coverage, sess the impact of the national campaign in let racial and ethnic and class dispari- access to care, life expectancy and dis- raising awareness of health disparities and ties improve on their own and work ease rates. information on available resources. themselves out over time. Minorities suffer disproportionately (b) DISSEMINATION OF INFORMATION ON It takes determination, because there from cancer, cardiovascular disease, HEALTH DISPARITIES.—The Secretary shall HIV and AIDS and diabetes. Some of develop and implement a plan for the dis- is no easy answer. In fact, many health care experts sharply disagree on all the these disparities in health status are semination of information and findings with linked to problems of access to care respect to health disparities under titles I, underlying causes of health disparities. Mr. Speaker, all of this takes deter- and low levels of health care coverage. II, III, and IV of this Act. The plan shall— These characteristics also describe (1) include the participation of all agencies mination, because there is no easy an- my Appalachian constituents from of the Department of Health and Human swer. In fact, many health care experts rural Ohio, even though my district Services that are responsible for serving pop- sharply disagree on all the underlying has very few minorities. Not surpris- ulations included in the health disparities causes of health disparities. Many research; and ingly, my constituents suffer from point to the role of continued income (2) have agency-specific strategies for dis- some of the same disparities in disease seminating relevant findings and informa- disparities, others to discrimination in and mortality rates, particularly for tion on health disparities and improving diagnosis and prescribed treatments. cancer and diabetes. health care services to affected commu- Some point out a lack of training in S. 1880 is the result of months of bi- nities. our medical schools concerning racial, partisan, bicameral work to craft solu- TITLE VI—MISCELLANEOUS PROVISIONS gender and ethnic differences in symp- tions to this complex problem. The bill SEC. 601. DEPARTMENTAL DEFINITION REGARD- toms presented by patients when seek- will create a Center for Research on ING MINORITY INDIVIDUALS. ing treatment. Minority Health and Health Disparities Section 1707(g)(1) of the Public Health All of these points make for good de- at the National Institutes of Health, Service Act (42 U.S.C. 300u–6) is amended— bate, but they in no way justify doing where research into the causes of and (1) by striking ‘‘Asian Americans and’’ and nothing while patients lives are on the inserting ‘‘Asian Americans;’’; and solutions to this health crisis will be line. There are solutions that can be prompted. It will also create opportuni- (2) by inserting ‘‘Native Hawaiians and identified right now as providing relief, other’’ before ‘‘Pacific Islanders;’’. ties for researchers who are members and the Health Care Fairness Act is SEC. 602. CONFORMING PROVISION REGARDING of health disparity populations. DEFINITIONS. one of those remedies. Mr. Speaker, I would like to thank For purposes of this Act, the term ‘‘racial For this reason, I am proud to co- several Members for their hard work on and ethnic minority group’’ has the meaning sponsor very similar legislation in this this piece of legislation, the gentleman given such term in section 1707 of the Public body with the gentleman from Georgia from Georgia (Mr. LEWIS); the gen- Health Service Act. (Mr. LEWIS) and the gentleman from tleman from Illinois (Mr. JACKSON); the SEC. 603. EFFECTIVE DATE. Oklahoma (Mr. WATTS), my good gentleman from Mississippi (Mr. This Act and the amendments made by friend, and the gentleman from Ken- THOMPSON); the gentleman from New this Act take effect October 1, 2000, or upon tucky (Mr. WHITFIELD). York (Mr. TOWNS); the gentlewoman the date of the enactment of this Act, which- This bill creates a Center for Health ever occurs later. from the Virgin Islands (Mrs. Disparities at the National Institutes CHRISTENSEN); and the gentleman from The SPEAKER pro tempore. Pursu- of Health, provides increased funding Michigan (Mr. DINGELL), the ranking ant to the rule, the gentleman from and incentives for minority health and member. And I would especially like to Georgia (Mr. NORWOOD) and the gen- health disparities research and new thank the sponsors of this bill for their tleman from Ohio (Mr. STRICKLAND) support for educating both our health willingness to work with me and the each will control 20 minutes. professionals and patients on common gentleman from Kentucky (Mr. The Chair recognizes the gentleman sense approaches to increasing the WHITFIELD) to include our constitu- from Georgia (Mr. NORWOOD). number of positive health outcomes for encies in this important bill. GENERAL LEAVE minorities and other health disparity Mr. Speaker, I reserve the balance of Mr. NORWOOD. Mr. Speaker, I ask patients. my time. unanimous consent that all Members Mr. Speaker, I want to draw par- Mr. NORWOOD. Mr. Speaker, I re- may have 5 legislative days within ticular attention to the bill’s emphasis serve the balance of my time.

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.112 pfrm02 PsN: H31PT1 H11692 CONGRESSIONAL RECORD — HOUSE October 31, 2000 Mr. STRICKLAND. Mr. Speaker, I not given health care the same atten- (Mr. JACKSON of Illinois asked and yield 3 minutes to the gentleman from tion. was given permission to revise and ex- Georgia (Mr. LEWIS), the primary spon- We must focus our attention on tend his remarks.) sor of this bill. bridging the health disparity gap. Mr. JACKSON of Illinois. Mr. Speak- Mr. LEWIS of Georgia. Mr. Speaker, Mr. Speaker, I urge all of my col- er, I rise in strong support of S. 1880, I want to thank the gentleman from leagues to vote to pass S. 1880, the Mi- the Minority Health and Health Dis- Ohio (Mr. STRICKLAND), my good friend, nority Health and Health Disparities parities Research and Education Act. for yielding me the time and for all of Research and Education Act. This bipartisan legislation holds great his help. I also want to thank the gen- Mr. NORWOOD. Mr. Speaker, I re- promise for reducing the health status tleman from Georgia (Mr. NORWOOD), serve the balance of my time. gap between our Nation’s majority pop- Mr. STRICKLAND. Mr. Speaker, I my colleague and my friend, for all of ulations and our ethnic minority and yield 3 minutes to the gentleman from his help to bring this bill before us to- medically underserved communities, Illinois (Mr. RUSH), a member of the night. helping to ensure that no American is Mr. Speaker, I, along with the gen- Committee on Commerce. Mr. RUSH. Mr. Speaker, I want to, left behind. tleman from Oklahoma (Mr. WATTS), first of all, commend the gentleman Mr. Speaker, the bill’s most central the gentleman from Mississippi (Mr. from Georgia (Mr. LEWIS) and the gen- feature, section 1, which was H.R. 2391, THOMPSON), the gentleman from Geor- tleman from Georgia (Mr. NORWOOD), which I proposed a year and a half ago, gia (Mr. NORWOOD) and the gentleman the gentleman from Ohio (Mr. STRICK- elevates the Office of Research on Mi- from Illinois (Mr. JACKSON) introduced LAND), the gentleman from Mississippi nority Health at the National Insti- H.R. 3250, the House companion bill to (Mr. THOMPSON), and the gentleman tutes of Health to ‘‘Center’’ status and S. 1880. from Oklahoma (Mr. WATTS) for their puts these health disparities on the H.R. 3250 passed out of the Com- outstanding work on this bill. exact same parity that exists with mittee on Commerce on July the 26. It is with great pride that I support other prioritized health disparity As one of the original authors of H.R. S. 1880, the Minority Health and Health issues at the National Institutes of 3250, I want to take this opportunity to Disparities Research and Education Health. thank my colleagues tonight on both Act of 2000. Despite the national economic pros- sides of the aisle for their dedication The disparities in health care as they perity and double digit growth for NIH, and hard work to pass H.R. 3250 and S. relate to ethnic minorities is alarming. the health status gap amongst African 1880. Consider these statistics, the infant Americans and other underserved popu- Over the past few decades, we have mortality rate among African Ameri- lations is getting worse and not better. made great advances as a Nation in cans is still more than double that of As a member of the Subcommittee on science and medicine. However, all of white citizens. Labor, Health and Human Services and our citizens have not shared in the ben- African-American children are sig- Education, I had the opportunity dur- efits of these advances. Minority Amer- nificantly more likely than whites to ing our hearings to carefully review icans lag behind the rest of the country experience childhood asthma. the program activities and priorities of on nearly every health indicator, in- Heart disease death rates are more the NIH and to question the research- cluding health care coverage, access to than 40 percent higher for African ers who carry out such vital work. care, life expectancy and disease rates. Americans than for whites. The unsung hero of today’s legisla- Some striking examples include the For prostate cancer, it is more than tion, who is not a Member of Congress, African-American infant mortality double the rates for whites. but certainly the former Secretary of African-American women have a rate, which is twice that all of U.S. in- Health and Human Services, Dr. Louis higher death rate from breast cancer, fants; and nearly twice as many His- Sullivan was before the Subcommittee despite having mammography screen- panic adults report they do not have a on Appropriations in the Senate, and ing rates that is higher than for white regular doctor compared to white Dr. Sullivan shared with me testimony adults. However, health disparities are women. The death rate from HIV/AIDS for that he had recently presented to that not limited to minority communities. African Americans is more than 7 Subcommittee on the Institute of Med- Nearly 20 million white Americans live times that for whites. The rate for icine study that demonstrated a dis- below the poverty line and many live homicide is 6 times that for whites. turbingly low level of support that is in rural areas where high rates of pov- The suicide right among young Afri- funding support for cancer research erty contribute to health disparity out- can-American men has doubled since among minorities through the National comes. 1980. Cancer Institute. To improve the re- In the Appalachian regions of Ken- Many whites living in medically un- sponse to minority health, Dr. Sullivan tucky, Tennessee and West Virginia, derserved areas suffer from the same recommended that the Office of Re- the rates of the five top causes of death health care access problems as do search of Minority Health should be in the United States all exceeded the members of minority groups. In rural elevated to ‘‘Center’’ status because national average in 1997. Mr. Speaker, Appalachia, 46 percent of counties are the existing structure at NIH did not we have a moral obligation, a duty and designated as health professions short- adequately address or prioritize the responsibility to find effective ways to age areas and high rates of poverty issue of health disparities. eliminate these health disparities. contribute to health disparity out- After asking scores of questions to Equal access to health care is not a comes. the NIH director and the directors of privilege, it is a fundamental right. White Appalachian males between the Institutes and Centers during the That is why S. 1880 is a good bill. the ages of 35 and 46 are 19 percent last year’s hearings about these dis- This legislation will take the nec- more likely to die of health disease parities, I became more convinced than essary step to bridge the health dis- than their counterparts elsewhere in ever that the Office of Research and parity gap. The Minority Health and the country, and white Appalachian Minority Health needed to be elevated Health Disparities Research and Edu- women are 20 percent more likely to to ‘‘Center’’ status. cation Act is a comprehensive ap- die of heart disease. b 2130 proach to addressing the complex set of Mr. Speaker, this bill addresses this factors which surround health dis- critical problem, and we do need to do Consequently, I worked with Dr. Sul- parity. more to correct these alarming dispari- livan and other health care profes- Mr. Speaker, let me close by saying ties, and the creation of the Center for sionals to fashion a bill that would do the last century saw our Nation make Research on Minority Health and just that. And so, Mr. Speaker, today great strides. We passed laws to ad- Health Disparities within the National S. 1880, among other vital provisions of dress that right, like equal opportunity Institutes of Health is an excellent step the bill, authorizes the director of the in employment, education and housing. forward. National Center, in collaboration with We also passed the Voting Rights Act Mr. STRICKLAND. Mr. Speaker, I other NIH institutes and centers, to es- of 1965 and the Civil Rights Act of 1964. yield 3 minutes to the gentleman from tablish a comprehensive plan and budg- However, until now, our country has Illinois (Mr. JACKSON). et for the conduct and support of all

VerDate 31-OCT-2000 04:15 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.067 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11693 minority health and other health dis- underlying bill. These changes reflect the wrongs, to close the gaps, and to parities research at NIH. bipartisan efforts to address concerns bring fairness and equity to the system Mr. Speaker, as I said earlier, pas- expressed by Members of Congress and and access to quality health care for sage of this bill is an important first the administration. Chief among these all of our citizens and residents. step, and I would like to thank all of is the recognition of health disparities I am proud, Mr. Speaker, of the role my colleagues on both sides of the aisle in medically underserved populations that the Health Brain Trust of the Con- who played an important leadership as well as in racial and ethnic minori- gressional Black Caucus played in this role, including Senators KENNEDY and ties. bill’s development. I want to be proud FRIST, the gentleman from Georgia Additional changes were made to the of this body tomorrow, and so I ask all (Mr. NORWOOD), the gentleman from bill to address concerns raised by the of my colleagues to vote ‘‘yes’’ for S. Oklahoma (Mr. WATTS), the gentleman Department of Justice and some Mem- 1880, to vote ‘‘yes’’ to the research and from Georgia (Mr. LEWIS), the gen- bers with potential constitutional related activities that will usher in a tleman from Mississippi (Mr. THOMP- problems with the bill as introduced. millennium of health and wellness for SON), the gentleman from Virginia These are all positive changes that en- many who, until now, have been left (Chairman BLILEY), the unsung hero on sure Americans who suffer from disease behind, and to vote ‘‘yes’’ to a healthy the legislative side of this, the gen- and death disproportionately to the and a better America. tleman from Florida (Mr. BILIRAKIS), population at large benefit from the re- Mr. STRICKLAND. Mr. Speaker, I who walked this bill through a number search and education provisions in this yield 2 minutes to the gentleman from of hurdles, the gentleman from Michi- legislation. Mississippi (Mr. THOMPSON), who was gan (Mr. DINGELL), and the gentleman This is an important piece of legisla- an original cosponsor in the fashioning from Ohio (Mr. BROWN). tion, Mr. Speaker, and I urge all of my of this legislation. Mr. Speaker, I ask all of my col- colleagues to join us in a ‘‘yes’’ vote. Mr. THOMPSON of Mississippi. Mr. leagues to support this important Mr. STRICKLAND. Mr. Speaker, I Speaker, first let me compliment the measure. yield 2 minutes to the gentlewoman gentleman from Georgia (Mr. NOR- Mr. NORWOOD. Mr. Speaker, I yield from the Virgin Islands (Mrs. WOOD), my colleague, for his leadership such time as he might consume to the CHRISTENSEN). in helping shepherd this bill to the gentleman from Florida (Mr. BILI- Mrs. CHRISTENSEN. Mr. Speaker, I floor this evening for consideration. I RAKIS), chairman of the Commerce thank the gentleman from Ohio (Mr. would also like to recognize the gen- Subcommittee on Health and Environ- STRICKLAND) for yielding me this time. tleman from Illinois (Mr. JACKSON), the ment. I also want to thank the gentleman gentleman from Oklahoma (Mr. Mr. BILIRAKIS. Mr. Speaker, I from Georgia (Mr. NORWOOD) and the WATTS), and the gentleman from Geor- thank the gentleman from Georgia gentleman from Michigan (Mr. DIN- gia (Mr. LEWIS), who also cosponsored (Mr. NORWOOD) for yielding me this GELL), the ranking member, for their this legislation. time. Obviously, I support S. 1880, the leadership and work in getting S. 1880 Mr. Speaker, I am pleased to come Minority Health Disparities Research to the floor today. before you in support of S. 1880, the Mi- and Education Act of 2000. Mr. Speaker, I also want to applaud nority Health and Health Disparities This proposal encompasses H.R. 3250, the gentleman from Georgia (Mr. Research and Education Act of 2000. which is the Health Care Finance Act LEWIS), the gentleman from Mississippi Nearly 1 year ago, on November 8, of 2000 which was reported from the (Mr. THOMPSON), the gentleman from 1999, I introduced H.R. 3250, a bill to Committee on Commerce. The gen- Illinois (Mr. JACKSON), the gentleman amend the Public Health Service Act tleman from Illinois (Mr. JACKSON) and from Oklahoma (Mr. WATTS), and Sen- to improve the health of minority indi- so many others were so very much re- ator EDWARD KENNEDY who sponsored viduals. I thank Senator EDWARD KEN- sponsible for that. the bill in the other body for shep- NEDY for introducing S. 1880, and I am The bill addresses disparities in bio- herding this bill through the entire extremely proud to see this bill come medical and behavioral research and process, as well as all of our staff. I to the floor for consideration. health professional education for mi- thank the leadership in the committee Mr. Speaker, the statistics are nority medically underserved Ameri- and the House on both sides of the alarming when comparing the disparity cans. There is ample evidence, Mr. aisle. between whites and minorities, alarm- Speaker, that some populations suffer Mr. Speaker, health care disparities ing when we speak of infant mortality disproportionately from certain dis- in people of color, those of low socio- rates, alarming when we speak of heart eases. For example, African Americans economic status, and in our rural areas disease death rates, alarming when we have a 70 percent higher rate of diabe- should cause us all concern in this speak of prostate cancer and breast tes than whites. Hispanics suffer a rate country which boasts of the best in cancer, and most alarming of all, HIV/ that is nearly double the rate for medical expertise and the most ad- AIDS infection and death rates for Af- whites. Vietnamese women suffer from vanced medical technology. But they rican Americans. cervical cancer five times the rate of exist, and even as we turn the page Mr. Speaker, I say for all of us now white women. into a new century, the gaps are not to come forward in a bipartisan man- Mr. Speaker, we need to know why closing but getting wider. ner and pass this bill and take the first this is the case, and I hope this legisla- Heart disease, cancer, infant mor- step toward correcting these alarming tion will help. The proposal will create tality, stroke, diabetes, HIV/AIDS and disparities for African Americans and a new National Center on Minority mental illnesses are among the dis- all other underserved communities. Let Health and Health Disparities at NIH eases which represent the most glaring us have a quality health care system which will be charged with coordi- disparities. for everyone in the 21st century. nating biomedical and behavioral Surely, lack of insurance, defi- Mr. STRICKLAND. Mr. Speaker, I health disparities research. ciencies in the health delivery system yield 1 minute to the gentlewoman The bill strengthens research into and the lack of culturally and linguis- from North Carolina (Mrs. CLAYTON). health care quality and access by fund- tically competent providers are some Mrs. CLAYTON. Mr. Speaker, I ing studies at the Agency for Health of the factors responsible. It has been thank the gentleman from Ohio for Care Research and Quality. And, fi- proven that bias and prejudice has a yielding me this time. I want to also nally, the bill provides additional funds significant role as well. commend the sponsors and also com- for loan repayment programs in the But there remains much that we do mend this House in a bipartisan way, Health Resources and Services Admin- not know, and without more in-depth recognizing this is an excellent oppor- istration for health professional train- knowledge we will never be able to de- tunity to begin to close the gap being and education programs focusing in velop the appropriate remedies. There- tween those who have access to quality the causes and potential solutions to fore, S. 1880, though long overdue, health and those who indeed have not health disparities among Americans. comes at a critical time, but also at a been considered in the research. S. 1880 includes some important time when this country has the re- I live in rural North Carolina, but I changes to H.R. 3250 that improve the sources and I think the will to right also live in an area called the ‘‘Stroke

VerDate 31-OCT-2000 05:26 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.070 pfrm02 PsN: H31PT1 H11694 CONGRESSIONAL RECORD — HOUSE October 31, 2000 Belt.’’ And the Stroke Belt indeed af- Ms. JACKSON-LEE of Texas. Mr. myself with the comments of our col- fects those persons who are African Speaker, this is an excellent piece of leagues who spoke in favor of that. American perhaps a little more than it legislation. I thank the gentleman I would first like to thank the gen- does other individuals. But if we begin from Ohio (Mr. STRICKLAND), my good tleman from Georgia (Mr. LEWIS) for to look at the Stroke Belt, it also in- friend, for yielding me this time. I his tremendous leadership in initiating cludes white Americans in there. So thank the gentleman from Georgia this legislation, the gentleman from Il- there is a disparity related to poverty, (Mr. LEWIS), the gentlewoman from the linois (Mr. JACKSON), with whom I isolation, and ruralness of the commu- Virgin Islands (Mrs. CHRISTENSEN), the serve on the Subcommittee on Labor, nity. gentleman from Mississippi (Mr. Health and Human Services, and Edu- So I want to commend the sponsors THOMPSON), the gentleman from Illi- cation on the Committee on Appropria- of this, because it does, indeed, bring a nois (Mr. JACKSON), and the gentleman tions, who has been a relentless sup- more healthy America and allows the from Oklahoma (Mr. WATTS) for their porter in ending the disparity and ac- research to work with those entities leadership, along with the gentleman cess to quality health care research and look at those disparities in ways from Georgia (Mr. NORWOOD) and the and prevention, and the gentleman that will reduce the incidence of dis- gentleman from Florida (Mr. BILI- from Mississippi (Mr. THOMPSON), who ease and encourage prevention. I sup- RAKIS) for their leadership as well. has been a leader on this issue, as well port this bill 100 percent. Mr. Speaker, if my colleagues would as the gentlewoman from North Caro- The bill will be considered under suspen- take a journey with me and realize how lina (Mrs. CLAYTON). sion of the rules; 40 minutes of debate; not far we have come on a cure for breast I thank them all for their tremen- subject to amendment; two-thirds majority cancer, and part of the effort behind dous work on this issue. They have vote required for passage. The measure will that cure was utilizing women in been great leaders in the effort to re- be managed by Chairman Bliley, R-Va., or clinicals in the National Institutes of duce health disparities, and this bill is Rep. Bilirakis, R-Fla. The Democratic man- Health. This Minority Health and a testament to their hard work and ager will be Rep. Dingell, D-Mich., or Rep. Health Disparities Research and Edu- commitment. Brown, D-Ohio. Mr. Speaker, numerous studies have The Senate passed the bill on Oct. 26 by cation Act has the same focus; it is to unanimous consent. The Commerce Com- concentrate on the enormous dispari- shown that minority communities suf- mittee did not act on the measure. ties that are found with minorities in fer disproportionately from many se- Following is a summary of the bill as the health care system. In particular, vere health problems and have higher passed by the Senate. As of press time, it was African Americans, Hispanics, Asian mortality rates than whites for many not known whether the floor manager will Americans, Pacific Islanders, Native treatable health conditions. Although move to suspend the rules and agree to the Americans all have found themselves we have seen giant leaps in scientific Senate-passed bill, thereby clearing the without access to health care, includ- knowledge, particularly in recent measure for the president, or whether he years, as we have increased our invest- would include an amendment, thus sending ing rural white Americans as well. the bill back to the Senate. It is important that this legislation ment in the National Institutes of The Senate passed bill establishes a Na- strengthens research into health care Health, the benefits of those advances tional Center on Minority Health and Health quality and access. It examines collec- are not clearly reaching all segments Disparities in the National Institutes of tion of data on race or ethnicity. It ad- of our society. Health (NIH) to conduct and support re- dresses the role of health professionals At this point, I would like to recog- search on minority health conditions and so that they will be culturally sen- nize the tremendous work of the gen- disparities between the health of the overall sitive to be sure that they understand tleman from Pennsylvania (Mr. population and the health of minority what is occurring. It is very important GEKAS). He and I are co-chairs of the groups. The measure authorizes $100 million Biomedical Research Caucus, but he is in FY 2001, and such sums as may be nec- to educate our health care profes- essary for fiscal years 2002 through 2005, for sionals so they can ask the kinds of our leader in having monthly meetings these activities. sensitive questions to ensure that if where Members and staff can be made The bill authorizes such sums as may be they are speaking to a particular mi- aware of the scientific opportunities in necessary in fiscal years 2001 through 2005 for nority group, that they can secure the biomedical community. He is a centers of excellence for research and train- from them the information that will giant on that issue in this Congress. ing, which would support training in bio- allow the physician or the health care During our NIH hearings in the Sub- medical and behavioral research for mem- committee on Labor, Health and bers of minority populations. professional to treat them correctly. The measure authorizes such sums as may It is very important that we focus on Human Services, and Education, we be necessary in each of fiscal years 2001 diet and nutrition and immunization have heard many alarming statistics through 2005 for a program under which the for children and find out whether there on racial and ethnic health disparities, federal government would repay certain edu- is an intimidation or some concern including significantly higher rates of cation loans for individuals who agree to en- about why minorities do not have the death from cancer and heart disease, as gage in minority health disparity research. access, why they are not interacting well as higher rates of HIV/AIDS, dia- Under the bill, the federal government would with our health care professionals. betes, and other health problems. repay up to $35,000 of the principal and inter- Mr. Speaker, let me just briefly, as I HIV/AIDS has been particularly dev- est on educational loans of such individuals close, share a story, and I will cer- astating in minority communities. Af- for each year the engage in such research. The bill also authorizes $50 million in FY tainly point to this as a cultural con- rican Americans and Hispanics, who 2001, and such sums as may be necessary for cerns of an elderly person going into a represent 12 and 11 percent respectively each of fiscal years 2002 through 2005, for the medical office of a doctor. Happened to of our Nation’s population, now ac- Agency for Healthcare Research and Quality be a minority, in particular African count for 70 percent of new HIV cases to conduct and support research on health American. This person was accused of and nearly 60 percent of new AIDS disparities. taking a bar of soap. Of course that cases. And African-American and His- This measure is an authorization measure would discourage a particular African panic women account for 78 percent of and is not covered by spending limitations in the newly reported infections among the Budget Act or any budget resolution be- American or minority, because of some cause it does not directly result in expendi- cultural bias to go to that particular women. tures. As of press time, the Congressional office again or go to any doctor. Not enough research is being done to Budget Office had not completed a cost esti- Mr. Speaker, I think this bill is a understand and eliminate racial and mate for the bill. In many cases, however, good bill to study what will help us en- ethnic health disparities. According to Congress does not appropriate the full sure that all Americans have equal ac- an Institute of Medicine study pub- amount contained in authorization meas- cess to health care. This is a good bill, lished in February 1999, Federal efforts ures. and I ask my colleagues to support it. to research cancer in minority commu- Mr. STRICKLAND. Mr. Speaker, I Ms. PELOSI. Mr. Speaker, will the nities are insufficient. The IOM rec- yield 2 minutes to the gentlewoman gentlewoman yield? ommended an increase in resources in from Texas (Ms. JACKSON-LEE). Ms. JACKSON-LEE of Texas. I yield development of a strategic plan to co- (Ms. JACKSON-LEE of Texas asked to the gentlewoman from California. ordinate this research. and was given permission to revise and Ms. PELOSI. Mr. Speaker, I wish to, I commend the administration for re- extend her remarks.) in the course of this debate, associate sponding to this need by implementing

VerDate 31-OCT-2000 04:28 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.072 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11695 the initiative to eliminate racial and this point. He has done things way up- attitudes toward health, the language spoken, ethnic disparities in health. The initia- stairs back there that the rest of us the extent of formal education, the area or tive identifies the steps necessary to could not do, and I am grateful to him. community in which the population resides, eliminate disparities in the areas of This bill is, in my view, pretty mean- and other factors the Director determines to cardiovascular disease, cancer screen- ingful. It has some very interesting be appropriate. It is my hope that by identi- ing and management, diabetes, infant prospects for America, one of which is fying health problems caused by environ- mortality, HIV/AIDS and immuniza- the research. The biomedical research mental factors, we can begin to address the tions by 2010. that we are talking about under the issue and enhance the quality of life for our At this point, I would also like to auspices of NIH is going to reveal to us, urban residents. commend the gentlewoman from Cali- I believe, some anomalies in health Mr. Speaker, I want to reiterate my support fornia (Ms. WATERS) for her relentless care and in medicine that we are not for this bill, and I urge my colleagues to vote efforts ongoing but especially when she aware of today. At least I hope that is in favor of this important legislation. was Chair of the Congressional Black where the research takes us. Mr. TOWNS. Mr. Speaker, I rise in support Caucus in getting the minority initia- Second, and maybe we had not talked of the Health Care Fairness Act. As a senior tive passed and funded. It made a dras- about it as much and it is equally im- member of the Commerce Committee's Sub- tic difference, but it is still not enough. portant to me, is the education factor committee on Health and Environment, I have Fulfilling the goals of this initiative of this bill. I readily admit to anyone long been concerned about the pervasive in- must be a top priority. Next decade, who asked, very selfishly I hope a lot of equality of health services endured by Amer- however, these goals cannot be met this goes to Morehouse Medical School. ica's minority populations. without a comprehensive effort to im- I hope they do a lot of the education At a recent hearing before my sub- prove research on the health of my mi- and the research right there. And to committee, we confronted the compelling evi- nority communities and develop the continue to be selfish, it is for a very dence that race and ethnicity correlate with interventions capable of reducing these simple reason. The graduates, the doc- persistent, and often increasing, health dispari- disparities. tors, health care professionals that ties among U.S. populations. Despite notable The Center for Minority Health and they put out are the people that go progress in the overall health of the nation, Health Disparities created by the Mi- into my counties and my communities there are continuing disparities in the burden nority Health and Health Disparities and treat rural Georgia. That is what I of illness and death experienced by African Research and Education Act and the am after here as much as anything Americans, Hispanics, and others compared to full grant-making authority conferred else. the U.S. population as a whole. In fact, current upon it is an important step toward So I thank all that have been in- information about the biologic and genetic this effort. And while I am pleased that volved. And I know that we will all fol- characteristics of racial and ethnic groups this critical issue is finally gaining the low this, the research and the edu- does not explain the health disparities experi- attention it deserves and again com- cation aspects of it, very carefully over enced by these groups compared with the mend the gentleman from Georgia (Mr. the coming years and hope and pray white, non-Hispanic population. Given the demographic projections for the U.S. population LEWIS) for his leadership, the next step that this does what we all intend for it forward must be full institute status. to do. in 2030, I believe that it is imperative that Congress establishes a forward-looking strat- This creates a center. It does have full Mr. ENGEL. Mr. Speaker, I want to com- egy to address health disparities in minority grant-making authority, and that is an mend the authors of this legislation and express my strong support for this bill. Histori- communities. important distinction. Usually an in- For example, research shows that the AIDS cally, minorities have been under-represented stitute gives full grant-making. But I epidemic is disproportionately affecting minori- in health research. do not know why we cannot make this ties. According to the Centers for Disease It is my hope that establishing a National a full institute at the National Insti- Control, African Americans, who comprise 13 Center for Research on Minority Health and tutes of Health. percent of the U.S. population, account for 49 Health Disparities at the National Institutes of It is imperative that, as we continue percent of AIDS deaths in 1998. In March Health will provide the means necessary to to increase NIH funding, we provide 2000, an audit conducted by the U.S. General meet the health challenges many minorities this ongoing issue the permanent at- Accounting Office assessed how government tention necessary to eliminate current face. With the unique health problems affect- funding on AIDS programs was spent. The health disparities and prevent future ing different racial and ethnic communities, it audit concluded that African Americans and health disparities from emerging. is essential that this National Center be estab- Hispanics were receiving substandard care All Americans deserve a healthy fu- lished to research and develop treatments and relative to whites in areas such as doctor vis- ture. I urge my colleagues to vote yes cures for afflictions that are more prevalent in its, emergency room care, hospitalizations, on the Minority Health and Health Dis- minorities. and drug therapies. parities Research and Education Act. One of my concerns throughout my tenure In order to identify and rectify health dispari- Mr. STRICKLAND. Mr. Speaker, I in Congress has been the effects of smog and ties that occur among minorities, I agreed to yield myself such time as I may con- pollution that inner-city residents are exposed cosponsor H.R. 3250, the House companion sume. to on a daily basis. Within inner-cities, minori- to S. 1880, the Health Care Fairness Act. Mr. Speaker, have no other speakers. ties comprise a large portion of the population. Among other things, this legislation would cre- I would just like to close by thanking I have been a strong advocate on behalf of ate a new National Center for Research on the gentleman from Georgia (Mr. NOR- inner-city communities, including my own dis- Minority Health and Health Disparities. This WOOD) for his wonderful leadership in trict, that have been unfairly burdened by envi- center would support basic and clinical re- this House on health matters. I also ronmental hazards. search, training and the dissemination of infor- thank the gentleman from Georgia I included an amendment in the House mation with respect to minority health. (Mr. LEWIS) and all those who have had version of this bill which simply stated that the I believe the new National Center will en- a part in the fashioning and the pas- Administrator of Health Care Policy, within the able us to make real progress toward elimi- sage of this wonderful piece of legisla- National Center for Research on Minority nating the daunting gap in health status be- tion. Health and Health Disparities, take into ac- tween minorities and the rest of America, and Mr. Speaker, I yield back the balance count environmental factors when researching I encourage my colleagues to support its pas- of my time. the cause of health disparities for minority sage. Mr. NORWOOD. Mr. Speaker, I yield populations. While the Senate version of the Mr. CUMMINGS. Mr. Speaker, I rise this myself such time as I may consume. bill that we are considering today does not in- evening in support of The Minority Health and Mr. Speaker, I want to take just a clude the exact language of my amendment, it Health Disparities Research and Education minute to close this up and thank real- does accomplish the goal I intended to ad- Act. ly everybody that has been involved dress. During his radio address on February 21st, with this over the past 6 months. I am The legislation clearly states that when re- 1998, President Clinton committed the Nation sorry the gentleman from Oklahoma searching barriers many minorities face in ob- to an ambitious goal by the year 2010: (Mr. WATTS), my good friend, is not taining proper health care, the Administrator of To eliminate the disparities in six areas of here. He has worked very hard and Health Care Policy is specifically directed to health status experienced by racial and eth- worked with me long to help us get to take into account the socioeconomic status, nic minority populations while continuing

VerDate 31-OCT-2000 04:28 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00073 Fmt 4634 Sfmt 9920 E:\CR\FM\K31OC7.074 pfrm02 PsN: H31PT1 H11696 CONGRESSIONAL RECORD — HOUSE October 31, 2000 the progress we have made in improving the Our Nation is in a ``race for the cure.'' How- will be taking a great leap forward in address- overall health of the American people. ever, we must be mindful that this race for a ing this critical national problem. Achieveing the President's vision will require healthy America must be run by and for all The Minority Health and Health Disparities a major national commitment to identify and Americans. The entry into this contest should Research and Education Act will increase our address the underlying causes of higher levels not be dependent on your race, but must be knowledge of the nature and causes of health of disease and disability in racial and ethnic based on your humanity. And winning the race disparities, improve the quality and outcomes minority communities. for a quality, healthy life must be a victory for of health care services for minority popu- Contrary to what some may say, this legisla- every citizen, no matter their race, ethnicity, or lations, and aid in bringing us closer to our tion is not a ``quota'' bill. socioeconomic status. mutual goal of closing the long-standing gap in This legislation that opens the door of fair- As we move closer to crossing that victory health care. ness and equality for a healthy nation. line, we must all work toward a meaningful improvement in the lives of minorities who now I am deeply committed to this legislation, Eliminating racial and ethnic disparities in and I urge you to support my colleagues and health will require enhanced efforts at pre- suffer disproportionately from the burden of disease and disability. me in our effort to rectify this inequality in venting disease, promoting health, and deliv- health care. ering appropriate care. I will remain committed to the bioethical Mr. DINGELL. Mr. Speaker, I strongly sup- This will necessitate improved collection and principles of justice and fairness which call for port S. 1880, the Minority Health and Health use of standardized data to correctly identify one standard of health in this country for all Disparities Research and Education Act of all high risk populations and monitor the effec- Americans, not an acceptable level of disease 2000. I urge all of my colleagues to approve tiveness of health interventions targeting these for minorities and another for the majority pop- this much needed and long overdue legisla- groups. ulation. tion. Research dedicated to a better under- Mr. WATTS of Oklahoma. Mr. Speaker, I standing of the relationships between health would like to begin by thanking my House col- We have before us a bill aimed at one of status and different racial and ethnic minority leagues JOHN LEWIS, BENNIE THOMPSON, the most significant challenges in health care backgrounds will help us acquire new insights CHARLIE NORWOOD, and JESSE JACKSON, Jr., research and education. The existence of dis- into eliminating the disparities and developing who are champions in this important effort to parities in all aspects of health care is well new ways to apply our existing knowledge to- address the issue of minority health dispari- documented. Reports published by the Insti- ward this goal. ties. This is a matter of deep concern to not tute of Medicine and in the New England Jour- Improving access to quality health care and only African-Americans, but also to Hispanic- nal of Medicine and the Journal of the Amer- the delivery of preventive and treatment serv- Americans, Native-Americans and other mi- ican Medical Association are just a few of ices will require working more closely with norities who are clearly underserved by the many that point clearly to the need for quick communities to identify culturally-sensitive im- American health care system. enactment and implementation of the legisla- plementation strategies. Despite continuing advances in research tion that is before us today. The Commerce and medicine, disparities in American health At my request, the Committee on Govern- Committee's hearing on this subject high- care are a growing problem. This is evidenced ment Reform held a Congressional hearing lighted the fact that there are massive dif- by the fact that minority Americans lag behind entitled, ``Ethnic Minority Disparities in Cancer ferences in the frequency, severity, and surviv- in nearly every single measure of heath qual- Treatment: Why the Unequal Burden?'' ability of many health conditions among dif- ity. Those measures include life expectancy, The hearing gave us the opportunity to en- ferent members of our diverse population. Un- health care coverage, access to care, and dis- gage in a more exhaustive investigation of the fortunately, where you live, what you earn, ease rates. Ethnic minorities and individuals in disparity issue as it related to ``conventional'' and the color of your skin make a big dif- medically underserved rural communities con- treatments for cancer. ference in health care quality and access. tinue to suffer disproportionately from many Great care has been taken in drafting this I requested this hearing in response to a diseases such as cancer, diabetes, and car- study published by the New England Journal legislation so that it responds to the panoply of diovascular diseases. There have been nu- disparities issues without running afoul of the of Medicine in October 1999, which reported merous studies in scientific journals showing that African American patients with early stage equal protection clause of the Constitution. In- the severity of racial and ethnic disparities and deed, the Department of Justice has con- lung cancer are less likely than whites to un- the need for action in order to remedy this dergo life-saving surgery, and as a result are cluded that the bill does not trigger strict scru- grave problem. tiny under applicable tests for the validity of more likely to die of their disease. For these and countless other reasons, it is laws and programs aimed at addressing in- The treatment disparities revealed in the time for the nation to focus on this problem equities that fall, in some cases, along racial study were of great concern to me, particularly and to work to bring fairness to our minority and ethnic lines. when considered along with other data regard- citizens in the nation's public and private ing cancer incidence and mortality rates health care systems. There is no better place Disparities occur for a variety of reasons, so among minorities as compared to the majority to start this effort than the focal point for fed- it is not surprising that legislation aimed at population. eral research, the renowned and highly re- identifying and eliminating disparities has sev- In fact, disturbingly: spected National Institutes of Health. eral facets. First, S. 1880 addresses bio- The incidence rate for lung cancer in African Since 1996, Congress has increased fund- medical issues through the establishment of a American and Native Hawaiian men is higher ing for basic medical research at NIH from National Center on Minority Health and Health than in white men; Hispanics suffer elevated $12 billion to over $18 billionÐover a 50% in- Disparities at the National Institutes of Health. rates of cervical and liver cancer; and Alaskan crease. These funds support 50,000 scientists Next, this bill directs the Agency for Health Native and African American women have the working at 2,000 institutions across the United Care Research and Quality to carry out activi- first and second highest all-cancer and lung States. I have been proud to support these in- ties to address disparities in health care qual- cancer mortality rates among females; creases, but I think it is now time that we tar- ity and access. S. 1880 also addresses quality Cancer has also surpassed heart disease get some portion of those funds on the na- and access issues through the Public Health as the leading cause of death for Japanese, tion's most acute health problems among our Service Act's health professions programs. Korean, and Vietnamese populations; minority citizensÐand I might add, minority This legislation enjoys broad bipartisan sup- Further, while surgery is the treatment op- taxpayers. port. I wish to take particular note of the fine tion for lung cancer in its early stages, only 64 Let me say that I am delighted to be a co- work of my colleagues, Representatives percent of African Americans had surgery at sponsor of this legislation. Among other provi- LEWIS, JACKSON, THOMPSON, TOWNS, STRICK- this stage, as compared to 76.7 percent of sions, this legislation will elevate the existing LAND, NORWOOD, WATTS, and WHITFIELD. I white Americans; and office of Research on Minority Health at NIH know that many other of my colleagues on Paralleling recommended treatment options, to a National Center for Research on Minority both sides of the aisle contributed to the effort cancer death rates among African Americans Health. This upgrade to the level of National of getting this bill before us today and I am are about 35 percent higher than that for Center would in itself underscore the impor- greatful to all of them. Our colleagues in the whites, and in my district of Baltimore City, tance of this work, and along with expanded Senate, particularly Senators KENNEDY and 251 African Americans per every 100,000 die research and education, improved data sys- FRIST, also made significant contributions to of cancer as compared to 194 of whites. tems and strengthened public awareness, we this bill.

VerDate 31-OCT-2000 05:23 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00074 Fmt 4634 Sfmt 9920 E:\CR\FM\A31OC7.115 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11697 I urge my colleagues to join me in support tion offered by the gentleman from this section unless, before the date of the of this bill. Georgia (Mr. NORWOOD) that the House separation on which entitlement to annuity Mr. STARK. Mr. Speaker, one of America's suspend the rules and pass the Senate is based, the separating individual has com- most important assets is the diversity of our bill, S. 1880. pleted at least 15 years of service as a Gov- ernment physician (whether performed be- residents, and this diversity is growing rapidly. The question was taken; and (two- fore, on, or after the date of enactment of Between 1991 and 2000, the population of thirds having voted in favor thereof) this subsection). Asians and Pacific Islanders increased by 46 the rules were suspended and the Sen- ‘‘(3) If the condition under paragraph (2) is percent, Latinos by 40 percent, American Indi- ate bill was passed. met, then, any amounts received by the indians by 16 percent, and African Americans by A motion to reconsider was laid on vidual in the form of a physicians com- 14 percent. the table. parability allowance shall (for the purposes Unfortunately, vestiges of racismÐboth con- f referred to in paragraph (2)) be treated as scious and unconsciousÐstill exist, perme- basic pay, but only to the extent that such FEDERAL PHYSICIANS COM- ating our society and our institutions. Last amounts are attributable to service per- PARABILITY ALLOWANCE month, I highlighted research findings that formed on or after the date of enactment of AMENDMENTS OF 2000 this subsection, and only to the extent of the demonstrate people of color disproportionately Mrs. MORELLA. Mr. Speaker, I move percentage allowable, which shall be deter- lack access to health care, vital treatments, mined as follows: and preventive screening measures. In addi- to suspend the rules and pass the bill tion, a recent New England Journal of Medi- (H.R. 207) to amend title 5, United ‘‘If the total amount Then, the percentage of service per- allowable is: cine study found that unconscious perceptions States Code, to provide that physicians comparability allowances be treated as formed, on or after and biases can be revealed in differential phy- the date of enact- sician recommendations for minority individ- part of basic pay for retirement pur- ment of this sub- uals seeking heart disease treatment. Taken poses, as amended. section, allowable together, these findings underscore the ur- The Clerk read as follows: is: as a Government gency of supporting legislation to improve H.R. 207 physician is: health care quality for diverse communities. Be it enacted by the Senate and House of Rep- Less than 2 years ...... 0 So far, very little has been done to address resentatives of the United States of America in At least 2 but less than 4 years ...... 25 these tremendous disparities. For example, Congress assembled, At least 4 but less than 6 years ...... 50 SECTION 1. SHORT TITLE. people of color are disproportionately affected At least 6 but less than 8 years ...... 75 This Act may be cited as the ‘‘Federal by certain types of cancersÐVietnamese At least 8 years ...... 100. American women are five times more likely to Physicians Comparability Allowance Amend- contract cervical cancer than white women ments of 2000’’. ‘‘(4) Notwithstanding any other provision and Africa Americans are 35 percent more SEC. 2. AUTHORITY MADE PERMANENT. of this subsection, 100 percent of all amounts (a) IN GENERAL.— received as a physicians comparability al- likely to die from cancer than whites. Despite (1) AMENDMENT TO TITLE 5, UNITED STATES lowance shall, to the extent attributable to these alarming statistics, the Institute of Medi- CODE.—The second sentence of section 5948(d) service performed on or after the date of en- cine concluded that federal funding for cancer of title 5, United States Code, is repealed. actment of this subsection, be treated as research among communities of color remains (2) AMENDMENT TO THE FEDERAL PHYSICIANS basic pay (without regard to any of the pre- insufficient. COMPARABILITY ALLOWANCE ACT OF 1978.—Sec- ceding provisions of this subsection) for pur- S. 1880, The Health Care Fairness Act is an tion 3 of the Federal Physicians Com- poses of computing— opportunity to positively improve the health parability Allowance Act of 1978 (5 U.S.C. ‘‘(A) an annuity under subsection (g); and care of all Americans by working toward re- 5948 note) is repealed. ‘‘(B) a survivor annuity under section 8341, (b) TECHNICAL AND CONFORMING AMEND- if based on the service of an individual who ducing these disparities. It is a bipartisan effort MENTS.—Section 5948 of title 5, United States dies before separating from service.’’. that contains many important provisions, in- Code, is amended— (2) GOVERNMENT PHYSICIAN DEFINED.—Sec- cluding an increased commitment to research (1) by repealing paragraph (2) of subsection tion 8331 of title 5, United States Code, is on health disparities, improved data systems, (j); and amended by striking ‘‘and’’ at the end of and enhanced quality of care for health dis- (2) in subsection (j)(1)— paragraph (26), by striking the period at the parity populations, including low-income, medi- (A) by striking ‘‘(j)(1)’’ and inserting ‘‘(j)’’; end of paragraph (27) and inserting ‘‘; and’’, cally underserved, racial and ethnic minority, (B) by redesignating subparagraphs (A) and by adding at the end the following: and rural individuals. through (E) as paragraphs (1) through (5), re- ‘‘(28) ‘Government physician’ has the This legislation ensures a prominent focus spectively; and meaning given that term under section (C) in paragraph (5) (as so redesignated by 5948.’’. in our nation's premier research agenciesÐthe this paragraph) by striking ‘‘subparagraph National Institutes of Health and the Agency (c) FEDERAL EMPLOYEES’ RETIREMENT SYS- (B)’’ and inserting ‘‘paragraph (2)’’. TEM.— for Health Care Policy ResearchÐin improving SEC. 3. TREATMENT OF ALLOWANCES AS PART (1) COMPUTATION RULES.—Section 8415 of health outcomes for populations that have a OF BASIC PAY FOR RETIREMENT title 5, United States Code, is amended by significant disparity in the rate of disease inci- PURPOSES. adding at the end the following: (a) DEFINITION OF BASIC PAY.—Section dence, prevalence, morbidity, mortality, or sur- ‘‘(i)(1) For purposes of this subsection, the 8331(3) of title 5, United States Code, is vival as compared to the general population. It term ‘physicians comparability allowance’ amended— also provides grants to our medical, public refers to an amount described in section (1) in subparagraph (F) by striking ‘‘and’’ 8331(3)(H). health, dental, nursing, and other health pro- after the semicolon; fessional schools so that curricula to promote (2) in subparagraph (G) by inserting ‘‘and’’ ‘‘(2) Except as otherwise provided in this improved health care quality can be developed after the semicolon; subsection, no part of a physicians com- for these populations. Furthermore, it des- (3) by inserting after subparagraph (G) the parability allowance shall be treated as basic ignates opportunities for training so that our following: pay for purposes of any computation under this section unless, before the date of the current and future medical providers are ‘‘(H) any amount received under section 5948 (relating to physicians comparability al- separation on which entitlement to annuity equipped to join the fight against health dis- is based, the separating individual has com- parities due to geography, the lack of medical lowances);’’; and (4) in the matter following subparagraph pleted at least 15 years of service as a Gov- services, race and ethnicity, and socio- (H) (as added by paragraph (3)) by striking ernment physician (whether performed be- economic status. ‘‘through (G)’’ and inserting ‘‘through (H)’’. fore, on, or after the date of enactment of Our country has made phenomenal ad- (b) CIVIL SERVICE RETIREMENT SYSTEM.— this subsection). vancements in science and medicine. It is time (1) COMPUTATION RULES.—Section 8339 of ‘‘(3) If the condition under paragraph (2) is to ensure that all of our communities share in title 5, United States Code, is amended by met, then, any amounts received by the indi- these rewards. This is a chance to help en- adding at the end the following: vidual in the form of a physicians com- sure our health care system is just, equitable, ‘‘(s)(1) For purposes of this subsection, the parability allowance shall (for the purposes referred to in paragraph (2)) be treated as and equal for all Americans. Support fairness term ‘physicians comparability allowance’ refers to an amount described in section basic pay, but only to the extent that such in health care, and vote for S. 1880. 8331(3)(H). amounts are attributable to service per- Mr. NORWOOD. Mr. Speaker, I yield ‘‘(2) Except as otherwise provided in this formed on or after the date of enactment of back the balance of my time. subsection, no part of a physicians com- this subsection, and only to the extent of the The SPEAKER pro tempore (Mr. parability allowance shall be treated as basic percentage allowable, which shall be deter- SUNUNU). The question is on the mo- pay for purposes of any computation under mined as follows:

VerDate 31-OCT-2000 04:28 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.118 pfrm02 PsN: H31PT1 H11698 CONGRESSIONAL RECORD — HOUSE October 31, 2000 ‘‘If the total amount Then, the percentage bonus pay is counted as part of base Mr. CUMMINGS. Mr. Speaker, I yield of service per- allowable is: pay for calculation of retirement bene- myself such time as I may consume. formed, on or after fits. Title 38, which governs the Vet- Mr. Speaker, it is critical that the the date of enact- erans Affairs, also allows physicians Federal Government be able to recruit ment of this subsection, allowable who, in this case, have served at least and retain the best and brightest in the is: as a Government 15 years to count their bonus com- field of medicine. I thus commend the physician is: pensation as part of basic pay for re- gentlewoman from Maryland (Mrs. Less than 2 years ...... 0 tirement purposes. MORELLA) for having the foresight to At least 2 but less than 4 years ...... 25 Thus, my bill does not create any introduce H.R. 207 to address an in- At least 4 but less than 6 years ...... 50 At least 6 but less than 8 years ...... 75 unique benefit. It only allows title 5 equity. At least 8 years ...... 100. physicians to receive the same benefit The government cannot pay civil ‘‘(4) Notwithstanding any other provision that other Federal physicians receive. service physicians on the same scale as of this subsection, 100 percent of all amounts In 1978, Congress first responded to physicians employed in hospitals, received as a physicians comparability al- the critical shortage of Federal physi- HMOs, and universities. The Physi- lowance shall, to the extent attributable to cians and the gap in income for civil cians Comparability Act enacted by service performed on or after the date of en- service physicians, as compared to the Congress in 1978 provides Federal phy- actment of this subsection, be treated as Department of Defense and Veterans sicians with additional compensation basic pay (without regard to any of the pre- Affairs physicians. And it responded to to offset their lower pay and to ensure ceding provisions of this subsection) for purposes of computing— it by enacting the Physicians Com- that the government can recruit and ‘‘(A) an annuity under section 8452; and parability Act of 1978. This bill pro- retain well-qualified physicians. ‘‘(B) a survivor annuity under subchapter vided for a maximum of $10,000 a year H.R. 207 would permanently extend IV, if based on the service of an individual in special pay to civil service physi- authority for the Physicians Com- who dies before separating from service.’’. cians. The present maximum is $30,000. parability Allowance to eliminate the (2) GOVERNMENT PHYSICIAN DEFINED.—Sec- Since the PCA was originally passed, need to reauthorize the legislation tion 8401 of title 5, United States Code, is there have been several extensions in every 3 years. amended by striking ‘‘and’’ at the end of the authority, most recently in 1998. H.R. 207 would also amend title 5 to paragraph (32), by striking the period at the But the uncertainty of PCA reauthor- authorize the PCA to be included as end of paragraph (33) and inserting ‘‘; and’’, and by adding at the end the following: ization every 3 years makes it quite part of basic pay for retirement pur- ‘‘(34) the term ‘Government physician’ has difficult for agencies to negotiate con- poses for all civil service physicians. the meaning given such term under section tracts with physicians. Under current law, depending on the 5948.’’. Agencies are often forced to delay ne- Federal agency that hired them, only (d) CONFORMING AMENDMENT.—Section gotiations with physicians, and delays certain physicians receiving com- 5948(h)(1) of title 5, United States Code, is in negotiations are a disincentive to parability pay are allowed to have the amended by striking ‘‘chapter 81, 83, or 87’’ potential candidates, and they lead to amount included in the calculations for and inserting ‘‘chapter 81 or 87’’. increased administrative burden for retirement pay. H.R. 207 would erase The SPEAKER pro tempore. Pursu- the agency. this inequity and ensure that the gov- ant to the rule, the gentlewoman from In the event that the Congress does ernment treats comparability pay the Maryland (Mrs. MORELLA) and the gen- not reauthorize PCA, the different same for all Federal physicians. tleman from Maryland (Mr. CUMMINGS) agencies must create contingency This legislation will not only help re- each will control 20 minutes. plans for each contract negotiation. tain over 3,000 Federal-employed physi- The Chair recognizes the gentle- The increased administrative burden as cians who were awarded PCAs last woman from Maryland (Mrs. MORELLA). well as the recruitment disincentives year, but will help the Federal Govern- b 2145 posed by these uncertainties would be ment recruit highly trained physicians GENERAL LEAVE eliminated by making PCA a perma- to join their ranks. Mrs. MORELLA. Mr. Speaker, I ask nent authority. We cannot allow our The government’s ability to attract unanimous consent that all Members best Federal physicians to defect to the highly qualified physicians at such may have 5 legislative days within private sector. The work they do is just agencies as the Food and Drug Admin- which to revise and extend their re- simply too important. istration, the National Institutes of marks on H.R. 207. Title 5 Federal physicians eligible for Health, and the Substance Abuse and The SPEAKER pro tempore. Is there the PCA are working on cures for Mental Health Services Administra- objection to the request of the gentle- AIDS, cancer, and heart disease, and tion, is one of the reasons that the woman from Maryland? they protect the safety of food and United States has led the world in med- There was no objection. drugs. They also provide medical care ical research advances. Mrs. MORELLA. Mr. Speaker, I yield to Defense and State Department em- I would like to remind my colleagues, myself such time as I may consume. ployees and dependents, airline pilots, however, that we have an obligation as Mr. Speaker, I am pleased that we astronauts, Native Americans and Fed- lawmakers to ensure that these med- are considering H.R. 207, as amended. eral prisoners. ical advances benefit all Americans re- This important bill makes two critical The PCA gives agencies such as NIH, gardless of race. As such, it gives me changes that will allow for better pay CDC and the FDA the flexibility to at- great pleasure to know that we have comparability for Federal physicians. tract physicians from diverse back- just passed Senate bill, S. 1880, to au- The first change, which was not part of grounds into mission-critical fields thorize these very institutions, our Na- the original H.R. 207, would include a that are not predicated toward single- tion’s medical centers, to collaborate permanent extension of the Physicians population groups. The traditional bat- in an effort to eliminate racial and eth- Comparability Allowance. This will tlefield specialties of title 37 and title nic disparities in health. eliminate the need to reauthorize the 38 physicians do not represent the fu- Our Nation is in a ‘‘race for the language every 3 years. ture medical staff diversity needs. cure.’’ The entry into this contest The bill would also include a physi- In considering the pool of potential should not be dependent on one’s race, cian’s PCA in his or her average pay future applicants, statistics indicate but must be based on one’s humanity. for purposes of computing retirement. that 40 percent of those entering med- Winning the race for a quality healthy Presently the ‘‘high-three’’ that is used ical schools are now women. The ma- life must be a victory for every citizen to calculate a title 5 physician’s retire- jority of these female graduates indi- no matter the race or ethnicity or the ment annuity does not include the ad- cate pursuit of fields such as pediat- socioeconomic status. ditional PCA component of his or her rics, psychiatry, and internal medicine. As we move closer to crossing that salary. Again, when I say PCA, I mean Thus the PCA is a fair and effective victory line, we must all work toward the Physicians Comparability Allow- tool for maintaining diversity among a meaningful improvement in the lives ance. Federal physicians. of minorities who now suffer dispropor- In title 37, which governs the Uni- Mr. Speaker, I reserve the balance of tionately from the burden of disease formed Services and the military, my time. and disability.

VerDate 31-OCT-2000 04:28 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.120 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11699 Further, as the bill before us, H.R. Dennis Boyd and Richard Granville PROVIDING FOR SPECIAL IMMI- 207, provides, we must also ensure that played in drafting and helping us to GRANT STATUS FOR CERTAIN those physicians that have our lives in pass this legislation. Finally, I have to U.S. INTERNATIONAL BROAD- their hands are treated fairly and equi- thank my diligent staff assistance, CASTING EMPLOYEES tably. Jordi Hannum, and Ed Leong of Legis- Mr. GEKAS. Mr. Speaker, I move to This bill is supported by the Federal lative Counsel for his tireless efforts in suspend the rules and pass the Senate Physicians Association, the American advising my staff. bill (S. 3239) to amend the Immigration Medical Association, and the American So I ask for unanimous passage of and Nationality Act to provide special Academy of Family Physicians, and this very important legislation. immigrant status for certain United the National Treasury Employees States international broadcasting em- Union. Mr. DAVIS of Virginia. Mr. Speaker, I am very happy to be able to rise today in support ployees. Mr. Speaker, I urge all of our Mem- The Clerk read as follows: bers to join me and give this bill their of my good friend from Maryland, Mrs. S. 3239 support. MORELLA's bill, that will help improve pay and Mr. Speaker, I yield back the balance retirement conditions for physicians employed Be it enacted by the Senate and House of Rep- by the Federal Government. resentatives of the United States of America in of my time. Congress assembled, Mrs. MORELLA. Mr. Speaker, I yield The bill, H.R. 207, corrects a number of SECTION 1. SPECIAL IMMIGRANT STATUS FOR myself the balance of my time. problems with the current pay structure for CERTAIN UNITED STATES INTER- Mr. Speaker, in 1997, I commissioned Title 5 physicians. For one, it would perma- NATIONAL BROADCASTING EMPLOY- a GAO study to review the PCA and its nently extend the Physicians Comparability Al- EES. usefulness, and the report that was lowance (PCA), eliminating the need to reau- (a) SPECIAL IMMIGRANT CATEGORY.—Section submitted confirmed that the Physi- thorize this language every three years. Addi- 101(a)(27) of the Immigration and Nationality cians Comparability Allowance is crit- Act (8 U.S.C. 1101(a)(27)) is amended— tionally, the bill would include the physician's (1) by striking ‘‘or’’ at the end of subpara- ical. In addition, H.R. 207 has been en- PCA as part of their base, average pay for the graph (K); dorsed, as we have heard, by the Amer- purpose of computing their retirement benefits, (2) by striking the period at the end of sub- ican Medical Association, the Amer- thus allowing them to boost their retirement paragraph (L); and ican Osteopathic Association, the contributions. This is not a new, unique benefit (3) by adding at the end the following new American Academy of Family Physi- for physicians in the federal government, this subparagraph: cians, a number of State Medical Soci- is simply extending a formula Title 37 and 38 ‘‘(M) subject to the numerical limitations eties, as well as a number of our em- physicians have had for years. of section 203(b)(4), an immigrant who seeks ployee unions. to enter the United States to work as a H.R. 207 is a bill seeking pay equity for all broadcaster in the United States for the In the last several years, I have heard physicians within the federal government. It is International Broadcasting Bureau of the from thousands of Federal physicians important to note that physicians under Title 5 Broadcasting Board of Governors, or for a across the country who have stated are the same that are working on cures for grantee of the Broadcasting Board of Gov- very clearly that, without the PCA, cancer, AIDS, and heart disease; protecting ernors, and the immigrant’s accompanying spouse and children.’’. they would have chosen a different ca- the safety of our food and prescription drugs; reer. The permanent PCA extension, (b) NUMERICAL LIMITATIONS.— and providing direct medical care to federal (1) IN GENERAL.—Section 203(b)(4) of the coupled with the inclusion of a physi- employees, and their dependents, in the State cian’s PCA in his or her average pay Immigration and Nationality Act (8 U.S.C. and Defense Departments. It is truly unfortu- 1153(b)(4)) is amended by inserting before the for purposes of computing retirement, nate that the government cannot pay physi- period at the end the following: ‘‘, and not demonstrates that Congress is serious cians on the same scale as the private sector, more than 100 may be made available in any about maintaining the quality of care but amending the PCA for Title 5 physicians fiscal year to special immigrants, excluding that presently exists within our Fed- will provide some compensation to offset the spouses and children, who are described in section 101(a)(27)(M)’’. eral agencies. loss in income they have willingly accepted to The government cannot pay physi- (2) EFFECTIVE DATE.—The amendment become public servants. cians on the same scale as physicians made by paragraph (1) shall apply to visas employed in hospitals, HMOs, and uni- I ask all my colleagues to join the American made available in any fiscal year beginning on or after October 1, 2000. versities. But passage of H.R. 207 shows Medical Association, the American Academy that the government will make every of Family Physicians, and a continually grow- The SPEAKER pro tempore. Pursu- effort to recruit and retain highly ing list of State medical societies (including my ant to the rule, the gentleman from trained and well-qualified physicians. I home state of Virginia), in supporting this im- Pennsylvania (Mr. GEKAS) and the gen- certainly applaud its passage this portant legislation. I want to thank the tlewoman from Texas (Ms. JACKSON- evening. gentlelady from Maryland for her persistence LEE) each will control 20 minutes. I do want to take this opportunity to and leadership on this matter, and hope this The Chair recognizes the gentleman thank the gentleman from Florida (Mr. bill will be supported by this House. from Pennsylvania (Mr. GEKAS). SCARBOROUGH), the chairman of the Mrs. MORELLA. Mr. Speaker, I yield GENERAL LEAVE Subcommittee on Civil Service, his back the balance of my time. Mr. GEKAS. Mr. Speaker, I ask unan- staff director Gary Ewing, as well as The SPEAKER pro tempore (Mr. imous consent that all Members may the gentleman from Indiana (Chairman SUNUNU). The question is on the mo- have 5 legislative days within which to BURTON) of the Committee on Govern- tion offered by the gentlewoman from revise and extend their remarks and in- ment Reform and Oversight and his Maryland (Mrs. MORELLA) that the clude extraneous material on S. 3239. staff aid Dan Moll for their support in House suspend the rules and pass the The SPEAKER pro tempore. Is there expediting consideration of the resolu- bill, H.R. 207, as amended. objection to the request of the gen- tion. tleman from Pennsylvania? I also want to thank the gentleman The question was taken; and (two- There was no objection. thirds having voted in favor thereof) from Maryland (Mr. CUMMINGS), the Mr. GEKAS. Mr. Speaker, I yield my- ranking member of the Subcommittee the rules were suspended and the bill, self such time as I may consume. on Civil Service, the gentleman from as amended, was passed. Mr. Speaker, the bill before us is one California (Mr. WAXMAN), ranking The title of the bill was amended so that accommodates one of the best member of the Committee on Govern- as to read: mechanisms we have as Americans of ment Reform and Oversight, for their ‘‘A bill to amend title 5, United States promoting liberty, justice and freedom support. Code, to make permanent the authority across the world. I refer, of course, to In addition, Ted Newland and Harry under which comparability allowances may the utilization of the international Wolf of OPM were very helpful in work- be paid to Government physicians, and to broadcasting services that we provide ing with us to recraft this legislation provide that such allowances be treated as to citizens of other lands. Radio Free part of basic pay for retirement purposes.’’. to ensure that there were no inequities Europe, Radio Iraq, Radio Marti, Radio written into the bill. I also want to A motion to reconsider was laid on Free Asia, all of these are set for the point out the instrumental roles that the table. purpose of teaching other peoples how

VerDate 31-OCT-2000 04:28 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.079 pfrm02 PsN: H31PT1 H11700 CONGRESSIONAL RECORD — HOUSE October 31, 2000 we function as a society and inspiring employee base and provide the kind of try previous to these years came here them to seek in their own countries training to Americans that would pro- legally. the foundations of liberty and freedom vide them with the skills to be inter- I did want to engage in a chastising which we take for granted and which national broadcasters. debate. But frankly, Mr. Speaker, I did we enjoy. Similar to our plea as we provided not come here legally. My ancestors The problem is that these broad- 195,000 H–1B visas, it is going to be im- came here slaves. And yet, we contrib- casting services have discovered that portant that we train an American uted a great deal to this country. We we need bilingual personnel to work in workforce to ensure that they too can are very proud of the fact that we did these broadcasting services. So we have be part of the high technology indus- contribute, and we are still contrib- to try to accommodate their coming to try. uting. These individuals came here out our country for that purpose. With respect to these particular of persecution, prosecution and fear of The State Department seems to have visas, the availability of these visas their lives, but they came here under a natural hurdle to that, a block, if you would help to provide needed broad- the encouragement of the United will, to their just flowing into our casters for the Voice of America, Radio States Government. country for these purposes. So we have Free Asia and Radio Free Europe, or Just a few years ago, we gave the to establish, and this legislation does Radio Liberty. This bill would provide same kind of relief to Nicaraguans and it, a special kind of visa to permit 100 the assistance that the international Cubans and what happened was that we of these broadcasters, 100 per year to broadcasting industry needs to con- failed to do the right thing, the equi- come into our country. They are going tinue to provide essential news cov- table thing and include people from to be invaluable as they stream into erage around the world. Honduras, Guatemala, Haiti and Libe- our country. Mr. Speaker, I am very glad to be ria. The only thing we are asking at It will alleviate also, for their own able to stand here and support these this time, Mr. Speaker, is that we do personal freedom, the possibility of op- special needs, as did I in our discussion the right thing. pression if they are doing our work in on H1–B, even though we are looking to So I am very pleased to support S. their own countries but doing it from expand some additional opportunities 3239, but I believe that we are doing a here. Broadcasting in their native lan- for American workers and minorities. great disservice and we are under- guage will get the message across, pro- And I am very pleased to stand here mining the high status of this body by vide them with safeguards, and will today and support this legislation be- not passing the Latino Immigration foster the entire purpose of the inter- cause I happen to believe in the Voice Fairness Act. national broadcasting services of which of America and Radio Free Asia and Mr. GEKAS. Mr. Speaker, I continue we are so proud. Radio Free Europe. I think that we to reserve the balance of my time. Mr. Speaker, I reserve the balance of have found that it teaches democracy Ms. JACKSON-LEE of Texas. Mr. my time. in a very effective way. Speaker, I yield such time as she may Ms. JACKSON-LEE. Mr. Speaker, I At the same time, Mr. Speaker, I am consume to the gentlewoman from yield myself such time as I may con- certainly concerned and dismayed that California (Ms. PELOSI), a member of sume. my colleagues have not seen fit to sup- the Subcommittee on Foreign Oper- Mr. Speaker, I thank the distin- port the Latino Immigration Fairness ations, Export Financing and Related guished gentleman from Pennsylvania Act. That is part of the logjam that we Programs and a very distinguished (Mr. GEKAS); and I, too, rise in support are having in this Congress where we Member of this body. of this bill, S. 3239, which would amend are not realizing that individuals who Ms. PELOSI. Mr. Speaker, I thank the Immigration and Nationality Act, have been here working in the United the gentlewoman for yielding me the to provide special immigrant status for States paying taxes and paying for time. I thank her for her great leader- certain international broadcasting em- their mortgages and sending their chil- ship on the Committee on the Judici- ployees. dren to school and doing the work that ary on issues of fairness in relationship America needs them do, whether it is to our immigration policy, whether it b 2200 trash pickup or whether it is waiting is the H1–B visa and what the impact is S. 3239 would establish a new immi- on them in restaurants, Mr. Speaker, on our engineers in our own country grant visa category for international we see fit in this Congress not to pro- and recognition of the need for the H1– broadcasting employees which would vide them with access to legalization. B but also for the need to educate and be subject to numerical limitations. It Just the other day, we had a debate train our own workers, for her leader- would provide a maximum of 200 visas where someone got on the floor and ship on the immigration fairness in the first year, which would deal with talked about who came to this country issues, for equity for the 245(i), for par- the current critical shortage of inter- legally and who did not come to this ity, et cetera, in the fairness issues, national broadcasters. Then it would country legally and talking about the and I associate myself fully with her provide a maximum of 100 visas annu- Statue of Liberty. remarks on those subjects again com- ally for 3 successive years. Also, it Well, Mr. Speaker, I would simply mending her for her tremendous leader- would waive the labor certification re- say to my colleagues that it is enor- ship, her relentlessness on behalf of quirement for the broadcasters who re- mously important that, as we support fairness in our immigration policy. ceive the visas. these specialized non-immigrant visas I thank the gentlewoman from Texas The people who work in the inter- for international broadcasters or high- (Ms. JACKSON-LEE) and commend her national broadcasting industry are tech industry, that we look to those for her leadership on this issue, which highly skilled individuals. They must common working men and women, the is the immigration fairness issues, as have journalistic skills. They must be average working man and woman, who well as on the health disparity issue. fluent in a number of languages. Many needs the Latino Immigration Fairness Ms. JACKSON-LEE of Texas. Mr. times, Mr. Speaker, they are exchang- Act, and I would believe that this Con- Speaker, I yield myself such time as I ing concepts of democracy and other gress needs to stand on the right side may consume. governmental concepts to foreign of this issue and stop throwing accusa- Mr. Speaker, I thank the gentleman countries where people are hungering tions against people who are hard from Pennsylvania (Mr. GEKAS) for his after information, and so these people working, who are immigrants, and who leadership in assisting us with this leg- must have an in-depth knowledge of deserve to be here. islation and his leadership on the Com- the people, history and cultures of What a tragedy to be able to vote mittee on the Judiciary and finally say other nations. this good bill today but yet we are not that this bill should be passed by this Historically it has not been possible able to vote for a bill that would pro- body. These international broadcasters to find a sufficient number of people in vide the fairness to these individuals. and the non-immigrant visa status the American workforce who have this While I was in this debate on the that they are giving will help spread combination of skills. All of us realize, floor of the House, Mr. Speaker, would democracy around the world. however, that this is an important ef- you imagine that someone indicated As we do that, Mr. Speaker, I could fort to ensure that we do have a diverse that everyone who came to this coun- not conclude without saying, likewise,

VerDate 31-OCT-2000 04:28 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.082 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11701 let us share democracy with those that the rules were suspended and the Sen- each of the judicial districts set forth in are reaching for freedom and justice in ate bill was passed. paragraph (1) shall not be filled if the va- this country who are simply seeking A motion to reconsider was laid on cancy— access to legalization. That is thou- the table. (A) results from the death, retirement, resignation, or removal of a bankruptcy judge; sands and thousands of immigrants f and who have come here fleeing persecu- CHAPTER 12 EXTENSION AND (B) occurs 5 years or more after the ap- tion. And this House now stands to BANKRUPTCY JUDGMENT ACT pointment date of a bankruptcy judge ap- deny them that right by not working OF 2000 pointed under paragraph (1). to pass the Latino Immigration Fair- (b) EXTENSIONS.— ness Act. I believe that we should do Mr. GEKAS. Mr. Speaker, I move to (1) IN GENERAL.—The temporary office of that, along with S. 3239. suspend the rules and pass the bill bankruptcy judges authorized for the north- Mr. Speaker, I yield back the balance (H.R. 5540) to extend for 11 additional ern district of Alabama, the district of Dela- of my time. months the period for which chapter 12 ware, the district of Puerto Rico, the district Mr. GEKAS. Mr. Speaker, I yield my- of title 11 of the United States Code is of South Carolina, and the eastern district of Tennessee under paragraphs (1), (3), (7), (8), self such time as I may consume, only reenacted, as amended. and (9) of section 3(a) of the Bankruptcy for the purpose of asking that the The Clerk read as follows: Judgeship Act of 1992 (28 U.S.C. 152 note) are record show that the gentleman from H.R. 5540 extended until the first vacancy occurring in Texas (Mr. SMITH) is the prime mover Be it enacted by the Senate and House of Rep- the office of a bankruptcy judge in the appli- of this legislation and has been in- resentatives of the United States of America in cable district resulting from the death, re- volved in its foundation for a long Congress assembled, tirement, resignation, or removal of a bank- time, along with the member of the SECTION 1. SHORT TITLE. ruptcy judge and occurring— Senate, JESSE HELMS, who has had an This Act may be cited as the ‘‘Chapter 12 (A) 8 years or more after November 8, 1993, outstanding interest in the furtherance Extension and Bankruptcy Judgeship Act of with respect to the northern district of Ala- bama; of this legislation. 2000’’. SEC. 2. AMENDMENTS. (B) 10 years or more after October 28, 1993, George Fishman, the staff member with respect to the district of Delaware; for the gentleman from Texas (Mr. (a) EXTENSION OF CHAPTER 12.—Section 149 of title I of division C of Public Law 105–277, (C) 8 years or more after August 29, 1994, SMITH) has been important in bringing as amended by Public Law 106–5 and Public with respect to the district of Puerto Rico; this to the floor. Law 106–70, is amended— (D) 8 years or more after June 27, 1994, with Mr. BERMAN. Mr. Speaker, I urge my col- (1) by striking ‘‘July 1, 2000’’ each place it respect to the district of South Carolina; and leagues to support this legislation which will appears and inserting ‘‘June 1, 2001’’; and (E) 8 years or more after November 23, 1993, allow the Broadcasting Board of Governors (2) in subsection (a)— with respect to the eastern district of Ten- (BBG) to receive a limited number of special (A) by striking ‘‘September 30, 1999’’ and nessee. immigrant visas, 100 per year, to allow broad- inserting ‘‘June 30, 2000’’; and (2) APPLICABILITY OF OTHER PROVISIONS.— (B) by striking ‘‘October 1, 1999’’ and in- Except as provided in paragraph (1), section casters to work in the United States for the 3 of the Bankruptcy Judgeship Act of 1992 (28 Voice of America, Radio Free Europe/Radio serting ‘‘July 1, 2000’’. (b) EFFECTIVE DATE.—The amendments U.S.C. 152 note) shall continue to apply to Liberty, and Radio Free Asia. made by subsection (a) shall take effect on the temporary office of bankruptcy judges This legislation would allow the BBG to uti- July 1, 2000. referred to in such paragraph. lize a uniform visa category for all of its broad- SEC. 3. BANKRUPTCY JUDGESHIPS. (c) TECHNICAL AMENDMENTS.—Section cast entities; allow the family members of (a) TEMPORARY JUDGESHIPS.— 152(a) of title 28, United States Code, is those serving U.S. interests to integrate into (1) APPOINTMENTS.—The following bank- amended— U.S. life; and provide protection through per- ruptcy judges shall be appointed in the man- (1) in paragraph (1) by striking the first manent residency to those broadcasters ner prescribed in section 152(a)(1) of title 28, sentence and inserting the following: United States Code, for the appointment of ‘‘Each bankruptcy judge authorized to be whose lives may be threatened because they appointed for a judicial district as provided provide accurate information about dictator- bankruptcy judges provided for in section 152(a)(2) of such title: in paragraph (2) shall be appointed by the ships and corrupt officials abroad. United States court of appeals for the circuit U.S. international broadcasters continue to (A) One additional bankruptcy judge for the eastern district of California. in which such district is located.’’; and reach societies which live under regimes that (B) Four additional bankruptcy judges for (2) in paragraph (2)— censor the information available to their citi- the central district of California. (A) in the item relating to the middle dis- zens. Some, after serving U.S. international (C) One additional bankruptcy judge for trict of Georgia, by striking ‘‘2’’ and insert- broadcasting, are unable to return to their the district of Delaware. ing ‘‘3’’; and (B) in the collective item relating to the countries of origin for fear of retaliation against (D) Two additional bankruptcy judges for the southern district of Florida. middle and southern districts of Georgia, by themselves or their families. striking ‘‘Middle and Southern ...... 1’’. Certain employees of Radio Free Iraq have (E) One additional bankruptcy judge for The SPEAKER pro tempore. Pursu- been threatened with their lives because of the southern district of Georgia. (F) Two additional bankruptcy judges for ant to the rule, the gentleman from the work they do to empower citizens through the district of Maryland. Pennsylvania (Mr. GEKAS) and the gen- the free flow of accurate information. (G) One additional bankruptcy judge for tlewoman from Wisconsin (Ms. BALD- U.S. international broadcasting remains a the eastern district of Michigan. vital part of our international effort to encour- WIN) each will control 20 minutes. (H) One additional bankruptcy judge for The Chair recognizes the gentleman age democracy-building abroad. Its successes the southern district of Mississippi. precede and follow the Cold War. For exam- (I) One additional bankruptcy judge for the from Pennsylvania (Mr. GEKAS). ple, the most recent BBG survey showed that district of New Jersey. GENERAL LEAVE RFE/RL was the number-one radio station (J) One additional bankruptcy judge for Mr. GEKAS. Mr. Speaker, I ask unan- among Serbians during the recent attempt to the eastern district of New York. imous consent that all Members may (K) One additional bankruptcy judge for have 5 legislative days within which to topple Slobodan Milosevic. Foreign popu- the northern district of New York. lations rely on broadcasting sponsored by the revise and extend their remarks and to (L) One additional bankruptcy judge for include extraneous material on H.R. U.S. as a lifeline in a crisis. the southern district of New York. Recognizing this, we need to provide the (M) One additional bankruptcy judge for 5540. means for the BBG to recruit, retain, and pro- the eastern district of North Carolina. The SPEAKER pro tempore. Is there tect the talented individuals it employs. (N) One additional bankruptcy judge for objection to the request of the gen- Mr. GEKAS. Mr. Speaker, I yield the eastern district of Pennsylvania. tleman from Pennsylvania? back the balance of my time. (O) One additional bankruptcy judge for There was no objection. The SPEAKER pro tempore (Mr. the middle district of Pennsylvania. Mr. GEKAS. Mr. Speaker, I yield my- SHIMKUS). The question is on the mo- (P) One additional bankruptcy judge for self such time as I may consume. tion offered by the gentleman from the district of Puerto Rico. Mr. Speaker, this legislation extends (Q) One additional bankruptcy judge for the life of chapter 12 in the Bankruptcy Pennsylvania (Mr. GEKAS) that the the western district of Tennessee. House suspend the rules and pass the (R) One additional bankruptcy judge for Code as we know it today. Chapter 12 is Senate bill, S. 3239. the eastern district of Virginia. devoted to a special kind of bankruptcy The question was taken; and (two- (2) VACANCIES.—The first vacancy occur- relief that is granted to the farm com- thirds having voted in favor thereof) ring in the office of a bankruptcy judge in munity and to farmers who feel the

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.084 pfrm02 PsN: H31PT1 H11702 CONGRESSIONAL RECORD — HOUSE October 31, 2000 burdens of the debt that has caused nent. The family farm is the backbone (Ms. BALDWIN) talked to me going out them to seek bankruptcy relief. of the rural economy in Wisconsin and the hall here maybe 3 weeks ago and I b 2215 all over the Nation. Without chapter 12 said, Shall we introduce the bill to last protection, a family farmer has little another 6 months? The gentlewoman What we have at this moment is a choice but to liquidate all assets, sell from Wisconsin said, No, let’s do it at kind of a hiatus. We are waiting for the the land, equipment, crops and herd to least till June. This is somewhat of a Senate to act on what is pay off creditors if an economic crisis frustration for us, I think, because euphemistically called the Gekas- hits. This means losing the farm. Los- there have been some that thought by Grassley bankruptcy reform bill which ing a farm means losing a supplier of only temporarily extending chapter 12 contains an extension, a permanent food and a way of life. When a family bankruptcy, which is vital for farmers status for chapter 12, actually. What decides it can no longer afford to farm, that happen to be down on their luck, we are doing here is filling a vacuum many times that farm is lost forever to if we leave that out and only do it tem- between last June and the time that we development or sprawl. porarily, somehow it is going to en- have consumed since then waiting for With chapter 12 in place when an eco- courage the passage of the full bank- action by the Senate. This temporary nomic disaster hits America’s farmers, ruptcy package. I would hope some- extension will take us into next year a family’s farmland and other farm-re- thing could happen on that package. and will offer this special relief for our lated resources cannot be seized by Tomorrow morning the Senate is vot- farmers on a continuing basis, as well creditors. A bankruptcy judge for the ing on cloture. The odds are that the as the extension of some temporary Western District of Wisconsin notes bill will go to the President. Then the judgeships that are needed for the cur- that chapter 12 has been used in his ju- President has got to make a decision. rent flow of bankruptcy across the Na- risdiction more than 50 times over the But somehow there have got to be tion, five extensions of temporary past year. Obviously, in this time of se- changes, that people that borrow judgeships and 23 appointments of tem- vere economic farm crisis, chapter 12 is money are not burdened by yet higher porary judges, all of this in the context needed. Our farmers must have the as- interest rates, because it is too easy to of the burgeoning world of bankruptcy surance that if they must reorganize go into bankruptcy. which is plaguing our country and their farm in order to keep their farm, Likewise, talking to the gentleman which has created a workload that re- they can do so. Chapter 12 must be from New York (Mr. NADLER), it is rea- quires special attention. there for them. sonable to conclude that some of those This legislation has drawn broad sup- Chapter 12 must also be there for us. lenders probably are more eager to port from all those who observe bank- In order to protect America’s food sup- loan because they usually can go into ruptcy, who work in bankruptcy, who ply, it is in our country’s best interest the assets of that individual and end up legislate as we do in the arena of bank- to protect family farms from fore- making money at whatever interest ruptcy, and who are eager to see re- closure. Mr. Speaker, family farmers in rate they might be charging. Chapter forms occur throughout the system. Wisconsin are having a tough time. 12 of the bankruptcy code is a very spe- Mr. Speaker, I reserve the balance of Wisconsin dairy farmers continue to be cial provision available to America’s my time. at the same price disadvantage they family farmers in times of hardship. It Ms. BALDWIN. Mr. Speaker, I yield have been subject to for over 60 years. allows family farms to reorganize their myself such time as I may consume. Wisconsin pork producers, like pork assets rather than liquidate them Mr. Speaker, H.R. 5540, introduced by producers everywhere, are losing thou- under the bankruptcy code. Without the gentleman from Michigan (Mr. sands of dollars every month. Soybean chapter 12, Mr. Speaker, many farmers SMITH), would extend chapter 12 of the prices are at record lows and have seen would be forced to sell their farming bankruptcy code for an additional 11 a 36 percent decline in 3 years. In the equipment, which would mean that the months. Chapter 12 is the safety net of past 6 years alone, Wisconsin has lost farmer no longer has the plow and the last resort for our farmers. It expired 4 over 7,000 family farms at a rate equiv- planter and the disc and the cultivator months ago, on July 1, 2000. That alent to five per day. and the milking machines that they means that if in the last 4 months a The picture is similar nationally. In need to make money on the farm. So family farmer in my State of Wis- 1950, there were 5.6 million farms aver- without chapter 12, to file under chap- consin, or anywhere else in the United aging 213 acres each in the country. In ter 11 or 13, it is a particular hardship States, has needed the protection of 1998, there were only 2.2 million farms on this kind of family farm business. chapter 12, they have not had it. Farm- averaging 432 acres each. Our families It is limited to family farmers, be- ers in the most dire of economic cir- must have the assurance that if they cause under the provisions of this law, cumstances do not have that protec- are to reorganize their farms to keep it specifically limits these chapter 12 tion today. Fortunately, this bill takes their farms, they can do so. Farmers, provisions to a definition of the family effect retroactively. like all of us, should be able to plan for farmer; and it eliminates many of the I am pleased that the House earlier their futures. barriers that family farmers face when passed a permanent and expanded chap- I support the passage of H.R. 5540 and they seek to reorganize under chapter ter 12 bankruptcy provision as part of hope that it becomes law quickly. I 11 or chapter 13. H.R. 2415. However, it appears unlikely also look forward to assuring that Some have thought, as I mentioned, that the bill will pass into law this ses- chapter 12 becomes a permanent pro- that continuing this as a temporary sion. Therefore, temporary extension of tection so that family farmers do not would somehow motivate the passage chapter 12 is needed to ensure that again face expiration of bankruptcy of the full bill. However, this is my farmers are given the economic secu- protection. fourth bill that has temporarily ex- rity that they need. Mr. Speaker, I reserve the balance of tended the chapter 12 bankruptcy for Chapter 12 is tailored to meet the my time. farmers that has passed through this unique economic realities of family Mr. GEKAS. Mr. Speaker, I yield my- Chamber. So I am not sure it is the farming during times of severe eco- self such time as I may consume. motivator that some would hope. nomic crisis. With chapter 12, Congress I want the RECORD to show that In terms of amending this bill to add created a chapter of the bankruptcy Susan Jensen-Conklin, the resident ex- the judges, I objected to that simply code that provides a framework to pre- pert on bankruptcy, assisted us in not because I do not want provisions in the vent family farms from going out of just this but on all phases of our work bill that some Senators have indicated business. At the time of its enactment in bankruptcy; and Ray Smietanka, that they disagree with to slow down in 1986, Congress was unable to foresee the chief counsel of our subcommittee, and reduce by any way the assurance whether chapter 12 would be needed by has also contributed handily to all of that this bill is going to pass into law. America’s family farmers indefinitely. this. Let me say again, this relief is nar- Congress has extended chapter 12 four Mr. Speaker, I yield 4 minutes to the rowly tailored to family farmers. Fam- times since then. The law expired, as I gentleman from Michigan (Mr. SMITH). ily farmers are those with debts less said, on July 1, 2000. We must extend Mr. SMITH of Michigan. Mr. Speak- than $1.5 million, with 80 percent of this law and ultimately make it perma- er, the gentlewoman from Wisconsin their assets consisting of farm assets

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.086 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11703 and 50 percent of their income coming The legislation we are considering for the purpose of also extending my from farm income. This ensures that it today is the result of her bipartisan ef- gratitude to the gentleman from South is only family farmers that qualify for forts along with the efforts of the gen- Carolina (Mr. GRAHAM), to the gen- these provisions. tleman from Michigan (Mr. SMITH), tleman from Georgia (Mr. KINGSTON), Again, hopefully sometime we are whose commitment to family farmers to the gentleman from Delaware (Mr. going to be able to make this perma- is similarly without question. Yet de- CASTLE), for continuously contributing nent. spite this bipartisan support, we go on to the final outcome in the passage of Mr. Speaker, Chapter 12 of the bankruptcy with temporary extension after tem- this bill. code is a special provision available to Amer- porary extension. In fact, the political Mr. CONYERS. Mr. Speaker, I rise in sup- ica's family farmers in times of hardship. It al- games being played with family farm- port of this legislation before us today. This bill lows family farms to reorganize their assets ers have been so extreme that chapter extends the period in which family farmers rather than liquidate them under our bank- 12 was actually permitted to go out of may recognize their debts for ten additional ruptcy code. Without Chapter 12, Mr. Speaker, existence last July 1. Each time, every months. H.R. 5540 will meet the needs of fi- many farmers would be forced to sell off their year we have extended chapter 12 by a nancially distressed family farmers by giving farming equipment, which would mean that the scant few months. This bill does so for them a chance to keep their farms. In addition, farmer could no longer reorganize and farm in 11 months. This has been going on for this legislation will provide much needed bank- order to pay debtors. years. ruptcy judgeships several states including Ala- Chapter 12 eliminates many of the barriers Why do we continue to string family bama, California, Delaware, Georgia, Mary- that family farmers face when seeking to reor- farmers along? Why not finally pass a land, Michigan, Mississippi, New Jersey, New ganize under either Chapter 11 or Chapter 13 permanent extension? What policy jus- York, North Carolina, Pennsylvania, South of the bankruptcy code. Unlike these others, tification can there possibly be to Carolina, Tennessee, and Virginia. however, Chapter 12 expired last June and enact the permanent extension of chap- While I do support this legislation, I would needs to be renewed. Leaders in both the ter 12 when there is bipartisan agree- be remiss if I did not raise the issue that this House and the Senate have hoped a total ment in both Houses that we should do legislation continuously has been extended bankruptcy reform bill would become law with so? I have yet to hear any policy jus- because we have not yet brought forth accept- provisions to make chapter 12 permanent. My tification. So it would be preferable to able bankruptcy reform legislation. Although bill, H.R. 5540, would extend it, retroactively, pass a permanent extension bill today. we all agree that H.R. 5540 is necessary to through May of 2001. My preference and what But this temporary bill is the best we aid our nation's farmers who are facing finan- this Congress should pass, is to make Chap- can get in this Congress, so I urge ev- cial distress, we are constantly faced with the ter 12 permanent. Some have thought that eryone to approve it. task of renewing this legislation instead of continuing Chapter 12 as a temporary provi- This legislation will also extend, fi- making it permanent. And it is well noted that sion would somehow encourage Congress nally, a number of temporary bank- the bankruptcy court system is overwrought and the President to pass the complete bankruptcy judgeships and provide for addi- with a backlog of cases and too few judges to ruptcy reform package into law. However, we tional bankruptcy judgeships in areas handle the caseload. Despite the need to pass have now passed four of my bills for tem- where increasing workloads necessitate a bill that addresses important issues such as porary extension out of this chamber. So them. This judgeship legislation has al- the needs of our farmers and our children as Chapter 12 as a motivator has failed. ways been noncontroversial in this well as our nation's citizens and our bank- This relief is narrowly tailored to family farm- House. It was passed by the House in ruptcy courts, the leadership established a ers. Family farmers are those with debt less the form of a bill sponsored by the gen- stealth process allowing wealthy creditors to than $1.5 million, with 80% of their assets tleman from Illinois (Mr. HYDE), the severely undermine the goal of protecting the consisting of farm assets and 50% of their in- gentleman from Pennsylvania (Mr. ability of small businesses to get a fresh start. come from farm income. This ensures that it GEKAS), the gentleman from Michigan The process questioned the integrity of the is only family farmers that qualify for these (Mr. CONYERS), and myself 4 years ago. legislative process of the House. While con- provisions. There has been no disagreement that ferees were appointed, no conference took Again, hopefully, we'll be able to enact these additional judgeships are abso- place. Instead, a bankruptcy bill conference Chapter 12 permanently when we pass much lutely necessary. In fact, the gen- report was negotiated by a small group of staff needed bankruptcy overhaul legislation. But tleman from Georgia (Mr. KINGSTON), working for a handful of Members in a closed we need to make sure that Chapter 12 is who has introduced his own bill on this door process, although the rules dictate that available to our constituents in the interim and subject, has joined me and the gen- conference meetings must held in public. The it's vital that we pass this legislation before tleman from Michigan (Mr. DINGELL) as most contentious issues were considered by Congress adjourns. cosponsors of this legislation. As with the Republican leadership, excluding Demo- Ms. BALDWIN. Mr. Speaker, I yield 4 chapter 12, there is no policy argument crats. This legislation was attached to an unre- minutes to the distinguished gen- against providing the necessary judi- lated conference report and passed with mini- tleman from New York (Mr. NADLER), cial resources to process cases fairly mal public scrutiny. Thankfully, the President the ranking member of the Sub- and in a timely manner. Delay costs has threatened a veto of this unjust legislation. committee on Commercial and Admin- everyone, debtors and creditors alike. With H.R. 5540, we can ensure that for at istrative Law. We owe it to families and businesses in least the next ten months, the family farmers Mr. NADLER. Mr. Speaker, today we our communities to ensure that our are given the ability to engage in reorganiza- consider legislation to give family courts can function fairly and nor- tion efforts. We also will make strides towards farmers another reprieve from the mally. No additions to the bankruptcy curing our nation's bankruptcy court system of brinkmanship the Republican majority bench have been made since 1992 de- serious backlog. I urge a ``yes'' vote. has been playing with the protection spite the many speeches delivered on Mr. BEREUTER. Mr. Speaker, this Member available under chapter 12 of the bank- this floor concerning the large rise in rises today to express his support for H.R. ruptcy code. While I seriously doubt bankruptcy filings. These additions to 5540, which extends Chapter 12 of the Bank- that anyone will vote against this bill, the bench are long overdue and should ruptcy Code to June 1, 2001. Chapter 12 it is unfortunate that we are still play- be approved. bankruptcy, which allows family farmers to re- ing politics with the future of family Mr. Speaker, if we do not pass this organize their debts as compared to liqui- farmers in America. I do want to com- bill, cases will be delayed in over- dating their assets, was scheduled to expire mend the gentlewoman from Wisconsin crowded courts and families will lose last year, but it has been extended through (Ms. BALDWIN), who has consistently their farms. We should do the people’s enactment of separate legislation. and energetically fought to protect business and pass this bipartisan, non- This Member would thank the distinguished family farmers, sometimes against controversial bill today. gentleman from Michigan (Mr. NICK SMITH) for enormous odds. In the Committee on introducing H.R. 5540. In addition, this Mem- b the Judiciary, on the floor of the House 2230 ber would like to express his appreciation to and in discussions with leadership and Ms. BALDWIN. Mr. Speaker, I yield the distinguished chairman of the Judiciary with her colleagues, she has been a back the balance of my time. Committee from Illinois (Mr. HENRY HYDE), and powerful voice for the family farmer Mr. GEKAS. Mr. Speaker, I yield my- the distinguished ranking minority member of and truly one of their best advocates. self such time as I may consume, only the Judiciary Committee from Michigan (Mr.

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JOHN CONYERS, Jr.) for their efforts in expe- H.R. 2903 Commission’s cooperative statistics pro- diting this measure to the House floor today. Be it enacted by the Senate and House of Rep- gram.’’. (b) TECHNICAL CORRECTIONS.— Chapter 12 bankruptcy has been a viable resentatives of the United States of America in Congress assembled, (1) IN GENERAL.—Such Act is amended— option for family farmers nationwide. It has al- (A) in section 802(3) (16 U.S.C. 5101(3)) by lowed family farmers to reorganize their assets SECTION 1. SHORT TITLE. striking ‘‘such resources in’’ and inserting in a manner which balances the interests of This Act may be cited as the ‘‘Striped Bass ‘‘such resources is’’; and creditors and the future success of the in- Conservation, Atlantic Coastal Fisheries (B) by striking section 812 and the second Management, and Marine Mammal Rescue section 811. volved farmer. If Chapter 12 bankruptcy provi- Assistance Act of 2000’’. sions are not extended for family farmers, this (2) AMENDMENTS TO REPEAL NOT AF- TITLE I—ATLANTIC COASTAL FISHERIES will have a drastic impact on an agricultural FECTED.—The amendments made by paragraph (1)(B) shall not affect any amendment sector already reeling from low commodity Subtitle A—Atlantic Striped Bass Conservation or repeal made by the sections struck by prices. Not only will many family farmers have that paragraph. SEC. 101. REAUTHORIZATION OF ATLANTIC to end their operations, but also land values STRIPED BASS CONSERVATION ACT. (3) SHORT TITLE REFERENCES.—Such Act is further amended by striking ‘‘Magnuson will likely plunge downward. Such a decrease Section 7(a) of the Atlantic Striped Bass Fishery’’ each place it appears and inserting in land values will affect both the ability of Conservation Act (16 U.S.C. 1851 note) is ‘‘Magnuson-Stevens Fishery’’. family farmers to earn a living and the manner amended to read as follows: (c) REPORTS.— in which banks, making agricultural loans, con- ‘‘(a) AUTHORIZATION.—For each of fiscal (1) ANNUAL REPORT TO THE SECRETARY.— duct their lending activities. This Member has years 2001, 2002, and 2003, there are author- The Secretary shall require, as a condition of received many contacts from his constituents ized to be appropriated to carry out this providing financial assistance under this regarding the extension of Chapter 12 bank- Act— subtitle, that the Commission and each ruptcy because of the serious situation now ‘‘(1) $1,000,000 to the Secretary of Com- State receiving such assistance submit to merce; and the Secretary an annual report that provides being faced by our nation's farm familiesÐal- ‘‘(2) $250,000 to the Secretary of the Inte- though the U.S. economy is generally healthy, a detailed accounting of the use the assist- rior.’’. ance. it is clear that agricultural sector is hurting. SEC. 102. POPULATION STUDY OF STRIPED BASS. (2) BIENNIAL REPORTS TO THE CONGRESS.— The gravity of this situation for family farm- (a) STUDY.—The Secretaries (as that term The Secretary shall submit biennial reports ers nationwide makes it imperative that Chap- is defined in the Atlantic Striped Bass Con- to the Committee on Resources of the House ter 12 bankruptcy is extended. Moreover, it is servation Act), in consultation with the At- of Representatives and the Committee on this Member's hope that Chapter 12 bank- lantic States Marine Fisheries Commission, Commerce, Science, and Transportation of ruptcy is extended permanently as provided in shall conduct a study to determine if the dis- the Senate on the use of Federal assistance the conference report of the Bankruptcy Re- tribution of year classes in the Atlantic provided to the Commission and the States striped bass population is appropriate for under this subtitle. Each biennial report form Act of 1999, which passed the House by maintaining adequate recruitment and sus- shall evaluate the success of such assistance a vote of 237±174, with this Member's sup- tainable fishing opportunities. In conducting in implementing this subtitle. port, on October 26, 2000. Unfortunately, the the study, the Secretaries shall consider— TITLE II—JOHN H. PRESCOTT MARINE Senate has yet to pass this conference report. (1) long-term stock assessment data and MAMMAL RESCUE ASSISTANCE GRANT Furthermore, this Member is an original co- other fishery-dependent and independent PROGRAM sponsor of the Bankruptcy Reform Act, that data for Atlantic striped bass; and SEC. 201. SHORT TITLE. was introduced by the distinguished chairman (2) the results of peer-reviewed research This title may be cited as the ‘‘Marine of the Judiciary Subcommittee on Commercial funded under the Atlantic Striped Bass Con- Mammal Rescue Assistance Act of 2000’’. servation Act. and Administrative Law from Pennsylvania SEC. 202. JOHN H. PRESCOTT MARINE MAMMAL (b) REPORT.—Not later than 180 days after RESCUE ASSISTANCE GRANT PRO- (Mr. GEORGE GEKAS). the date of the enactment of this Act, the GRAM. In closing, this Member would encourage Secretaries, in consultation with the Atlan- (a) IN GENERAL.—Title IV of the Marine his colleagues support for H.R. 5540, which tic States Marine Fisheries Commission, Mammal Protection Act of 1972 (16 U.S.C. extends Chapter 12 bankruptcy until June 1, shall submit to the Committee on Resources 1371 et seq.) is amended— 2001. of the House of Representatives and the (1) by redesignating sections 408 and 409 as Mr. GEKAS. Mr. Speaker, I yield Committee on Commerce, Science and sections 409 and 410, respectively; and back the balance of my time. Transportation of the Senate the results of (2) by inserting after section 407 the following: The SPEAKER pro tempore (Mr. the study and a long-term plan to ensure a balanced and healthy population structure of ‘‘SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL SHIMKUS). The question is on the mo- Atlantic striped bass, including older fish. RESCUE ASSISTANCE GRANT PRO- tion offered by the gentleman from The report shall include information regard- GRAM. Pennsylvania (Mr. GEKAS) that the ing— ‘‘(a) IN GENERAL.—(1) Subject to the avail- House suspend the rules and pass the (1) the structure of the Atlantic striped ability of appropriations, the Secretary shall bill, H.R. 5540, as amended. bass population required to maintain ade- conduct a grant program to be known as the quate recruitment and sustainable fishing John H. Prescott Marine Mammal Rescue The question was taken; and (two- Assistance Grant Program, to provide grants thirds having voted in favor thereof) opportunities; and (2) recommendations for measures nec- to eligible stranding network participants the rules were suspended and the bill, for the recovery or treatment of marine essary to achieve and maintain the popu- mammals, the collection of data from living as amended, was passed. lation structure described in paragraph (1). or dead stranded marine mammals for sci- The title of the bill was amended so (c) AUTHORIZATION.—There are authorized entific research regarding marine mammal as to read: to be appropriated to the Secretary of Com- health, and facility operation costs that are merce $250,000 to carry out this section. ‘‘A bill to extend for 11 additional months directly related to those purposes. the period for which chapter 12 of title 11 of Subtitle B—Atlantic Coastal Fisheries ‘‘(2)(A) The Secretary shall ensure that, to the United States Code is reenacted; to pro- Cooperative Management the greatest extent practicable, funds provide for additional temporary bankruptcy SEC. 121. SHORT TITLE. vided as grants under this subsection are dis- judges; and for other purposes.’’ This subtitle may be cited as the ‘‘Atlantic tributed equitably among the stranding re- A motion to reconsider was laid on Coastal Fisheries Act of 2000’’. gions designated as of the date of the enact- the table. ment of the Marine Mammal Rescue Assist- SEC. 122. REAUTHORIZATION OF ATLANTIC ance Act of 2000, and in making such grants COASTAL FISHERIES COOPERATIVE f MANAGEMENT ACT. shall give preference to those facilities that have established records for rescuing or re- (a) AUTHORIZATION OF APPROPRIATIONS.— habilitating sick and stranded marine mam- STRIPED BASS CONSERVATION, Section 811 of the Atlantic Coastal Fisheries mals in each of the respective regions, or ATLANTIC COASTAL FISHERIES Cooperative Management Act (16 U.S.C. 5108) subregions. MANAGEMENT, AND MARINE is amended to read as follows: ‘‘(B) In determining priorities among such MAMMAL RESCUE ASSISTANCE ‘‘SEC. 811. AUTHORIZATION OF APPROPRIATIONS. regions, the Secretary may consider— ACT OF 2000 ‘‘(a) IN GENERAL.—To carry out this title, ‘‘(i) any episodic stranding or any mor- Mr. YOUNG of Alaska. Mr. Speaker, I there are authorized to be appropriated tality event other than an event described in $10,000,000 for each of fiscal years 2001 section 410(6), that occurred in any region in move to suspend the rules and pass the through 2005. the preceding year; bill (H.R. 2903) to assist in the con- ‘‘(b) COOPERATIVE STATISTICS PROGRAM.— ‘‘(ii) data regarding average annual servation of coral reefs, as amended. Amounts authorized under subsection (a) strandings and mortality events per region; The Clerk read as follows: may be used by the Secretary to support the and

VerDate 31-OCT-2000 05:31 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.137 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11705 ‘‘(iii) the size of the marine mammal popu- that, to the greatest extent practicable, in- SEC. 206. WESTERN PACIFIC PROJECT GRANTS. lations inhabiting a geographic area within formation from current and future studies of Section 111(b)(1) of the Sustainable Fish- such a region. the western gray whale population is consid- eries Act (16 U.S.C. 155 note) is amended by ‘‘(b) APPLICATION.—To receive a grant ered in the study under this section, so as to striking the last sentence and inserting under this section, a stranding network par- better understand the dynamics of each pop- ‘‘There are authorized to be appropriated to ticipant shall submit an application in such ulation and to test different hypotheses that carry out this section $500,000 for each fiscal form and manner as the Secretary may pre- may lead to an increased understanding of year.’’. scribe. the mechanism driving their respective pop- The SPEAKER pro tempore. Pursu- ‘‘(c) CONSULTATION.—The Secretary shall ulation dynamics. ant to the rule, the gentleman from consult with the Marine Mammal Commis- (c) AUTHORIZATION OF APPROPRIATIONS.—In Alaska (Mr. YOUNG) and the gentleman sion, a representative from each of the des- addition to other amounts authorized under from California (Mr. GEORGE MILLER) ignated stranding regions, and other individ- this title, there are authorized to be appro- uals who represent public and private organi- priated to the Secretary to carry out this each will control 20 minutes. zations that are actively involved in rescue, section— The Chair recognizes the gentleman rehabilitation, release, scientific research, (1) $290,000 for fiscal year 2001; and from Alaska (Mr. YOUNG). marine conservation, and forensic science re- (2) $500,000 for each of fiscal years 2002 Mr. YOUNG of Alaska. Mr. Speaker, I garding stranded marine mammals, regard- through 2004. yield myself such time as I may con- ing the development of criteria for the im- SEC. 204. CONVEYANCE OF FISHERY RESEARCH sume. plementation of the grant program and the VESSEL TO AMERICAN SAMOA. Mr. Speaker, H.R. 2903 will help man- awarding of grants under the program. (a) IN GENERAL.—The Secretary of Com- age and conserve America’s fisheries ‘‘(d) LIMITATION.—The amount of a grant merce (in this section referred to as the and benefit marine mammals. Because under this section shall not exceed $100,000. ‘‘Secretary’’) may convey to the Government of the press of time before we adjourn ‘‘(e) MATCHING REQUIREMENT.— of American Samoa in accordance with this ‘‘(1) IN GENERAL.—The non-Federal share of section, without consideration, all right, and the limited number of legislative the costs of an activity conducted with a title, and interest of the United States in days, we have folded together nearly a grant under this section shall be 25 percent and to a retired National Oceanic and At- dozen previously House- or Senate- of such costs. mospheric Administration fishery research passed fisheries conservation measures. ‘‘(2) IN-KIND CONTRIBUTIONS.—The Sec- vessel in operable condition, for use by These bipartisan provisions include the retary may apply to the non-Federal share of American Samoa. reauthorization of the Atlantic Striped an activity conducted with a grant under (b) LIMITATION.—The Secretary may not Bass Conservation Act and the Atlan- this section the amount of funds, and the convey a vessel under this section before the tic Coastal Fisheries Cooperative Man- fair market value of property and services, date on which a new replacement fishery re- provided by non-Federal sources and used for search vessel has been delivered to the Na- agement Act, a grant program from the activity. tional Oceanic and Atmospheric Administra- marine mammal stranding networks, ‘‘(f) ADMINISTRATIVE EXPENSES.—Of tion and put in active service. and a study of eastern gray whale pop- amounts available each fiscal year to carry (c) OPERATION AND MAINTENANCE.—The ulations. All these measures deserve out this section, the Secretary may expend Government of the United States shall not our support. not more than 6 percent or $80,000, whichever be responsible or liable for any maintenance Mr. Speaker, I reserve the balance of is greater, to pay the administrative ex- or operation of a vessel conveyed under this my time. penses necessary to carry out this section. section after the date of the delivery of the Mr. GEORGE MILLER of California. ‘‘(g) DEFINITIONS.—In this section: vessel to American Samoa. Mr. Speaker, I yield myself such time ‘‘(1) DESIGNATED STRANDING REGION.—The SEC. 205. TECHNICAL AND CONFORMING AMEND- as I may consume. term ‘designated stranding region’ means a MENTS RELATING TO NATIONAL MA- geographic region designated by the Sec- RINE SANCTUARY DESIGNATION (Mr. GEORGE MILLER of California retary for purposes of administration of this STANDARDS. asked and was given permission to re- title. (a) TECHNICAL AMENDMENT.—Section 303(a) vise and extend his remarks.) ‘‘(2) SECRETARY.—The term ‘Secretary’ has of the National Marine Sanctuaries Act (16 Mr. GEORGE MILLER of California. the meaning given that term in section U.S.C. 1433(a)) is amended by striking ‘‘the Mr. Speaker, I rise in strong support of 3(12)(A). Secretary—’’ and all that follows through this legislation. The gentleman from ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— the end of the sentence and inserting the fol- Alaska (Mr. YOUNG) has accurately de- There are authorized to be appropriated to lowing: ‘‘the Secretary determines that— scribed the contents of this legislation ‘‘(1) the designation will fulfill the pur- carry out this section $5,000,000 for each of and we urge the Members of the House fiscal years 2001 through 2003, to remain poses and policies of this title; available until expended, of which— ‘‘(2) the area is of special national signifi- to support it. ‘‘(1) $4,000,000 may be available to the Sec- cance due to— This package includes several bills that retary of Commerce; and ‘‘(A) its conservation, recreational, eco- have passed the House already this year. ‘‘(2) $1,000,000 may be available to the Sec- logical, historical, scientific, cultural, ar- These include measures to conserve striped retary of the Interior.’’. cheological, educational, or esthetic quali- bass and other Atlantic coastal fisheries, as (b) CONFORMING AMENDMENT.—Section ties; well as provisions to improve our under- 3(12)(B) of the Marine Mammal Protection ‘‘(B) the communities of living marine re- standing of marine mammal strandings around Act of 1972 (16 U.S.C. 1362(12)(B)) is amended sources it harbors; or the United States, including the strandings of by inserting ‘‘(other than section 408)’’ after ‘‘(C) its resource or human-use values; gray whales which has been a significant ‘‘title IV’’. ‘‘(3) existing State and Federal authorities (c) CLERICAL AMENDMENT.—The table of are inadequate or should be supplemented to problem on the California coast. contents in the first section of the Marine ensure coordinated and comprehensive con- Finally it includes a few technical measures Mammal Protection Act of 1972 (86 Stat. servation and management of the area, in- and a vessel conveyance to American Samoa 1027) is amended by striking the items relat- cluding resource protection, scientific re- that is supported by the Administration. I am ing to sections 408 and 409 and inserting the search, and public education; aware of no opposition to this package, and I following: ‘‘(4) designation of the area as a national urge Members to support it. ‘‘Sec. 408. John H. Prescott Marine Mammal marine sanctuary will facilitate the objec- Mr. SAXTON. Mr. Speaker, I rise in strong Rescue Assistance Grant Pro- tives stated in paragraph (3); and support of H.R. 2903. Included in this impor- gram. ‘‘(5) the area is of a size and nature that tant bill are three measures I introduced that ‘‘Sec. 409. Authorization of appropriations. will permit comprehensive and coordinated have already been approved overwhelmingly ‘‘Sec. 410. Definitions.’’. conservation and management.’’. by the House. SEC. 203. STUDY OF THE EASTERN GRAY WHALE (b) CONFORMING AMENDMENTS.—Such Act is POPULATION. further amended— First, the bill reauthorizes the Atlantic (a) STUDY.—Not later than 180 days after (1) in section 304(a)(1)(C) (as amended by Striped Bass Conservation Act for Fiscal the date of enactment of this Act and subject section 6(a) of the National Marine Sanc- Years 2001, 2002 and 2003. It also requires to the availability of appropriations, the tuaries Amendments Act of 2000) by striking the National Marine Fisheries Service to con- Secretary of Commerce shall initiate a study ‘‘the Secretary shall’’; and duct an important study to determine the age of the environmental and biological factors (2) in section 304(a)(2)(E) (as amended by distribution of Atlantic striped bass populations responsible for the significant increase in section 6(b) of the National Marine Sanc- and the age structure necessary to maintain mortality events of the eastern gray whale tuaries Amendments Act of 2000) by striking population and other potential impacts these ‘‘findings’’ and inserting ‘‘determinations’’. adequate recruitment and sustainable opportu- factors may be having on the eastern gray (c) EFFECTIVE DATE.—This section shall nities for Jersey Coast fishermen along Long whale population. take effect immediately after the National Beach Island in my District. (b) CONSIDERATION OF WESTERN POPULATION Marine Sanctuaries Amendments Act of 2000 The second bill reauthorizes the Atlantic INFORMATION.—The Secretary should ensure takes effect. Coastal Fisheries Cooperative Management

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00083 Fmt 4634 Sfmt 9920 E:\CR\FM\A31OC7.127 pfrm02 PsN: H31PT1 H11706 CONGRESSIONAL RECORD — HOUSE October 31, 2000 Act through Fiscal year 2005, which encour- SEC. 3. ACQUISITION OF ADDITIONAL LAND. The third tract of 1.6 acres has been ages and assists states in the management of The Secretary may acquire any land, administered as part of the National important recreational and commercial fish- water, or interests in land that are located Monument but is not technically with- within the revised boundary of the Monu- eries along the Atlantic Coast from Maine to ment by— in the boundary. Florida, such as the all important striped bass, (1) donation; This noncontroversial bill passed the summer flounder, and bluefish. (2) purchase with donated or appropriated Senate on October 5, 2000. It is sup- The third bill creates the John H. Prescott funds; ported in the House by Representative Marine Mammal Rescue Assistance Grant (3) transfer from any other Federal agency; FOWLER, who has introduced a House Program as well as authorizes a study on the or companion measure (H.R. 3200). unusual high mortality rates of eastern gray (4) exchange. Mr. Speaker, I yield back the balance whale population along our Pacific coast. SEC. 4. ADMINISTRATION. of my time. Specifically, the Prescott grant program will Subject to applicable laws, all land and in- Mr. YOUNG of Alaska. Mr. Speaker, I terests in land held by the United States yield back the balance of my time. fill a void under Title IV of the Marine Mammal that are included in the revised boundary Protection Act by making a small, but critical under section 2 shall be administered by the The SPEAKER pro tempore. The amount of money available through a competi- Secretary as part of the Monument. question is on the motion offered by tive grant process to help cover a portion of SEC. 5. AUTHORIZATION OF APPROPRIATIONS. the gentleman from Alaska (Mr. the costs associated with day-to-day stranding There are authorized to be appropriated YOUNG) that the House suspend the events. I believe it is very important we dem- such sums as are necessary to carry out this rules and pass the Senate bill, S. 1670. onstrate our support and appreciation for the Act. The question was taken; and (two- efforts of all those people along our coasts The SPEAKER pro tempore. Pursu- thirds having voted in favor thereof) who help our government agencies assist in ant to the rule, the gentleman from the rules were suspended and the Sen- the rescue, recovery and rehabilitation of Alaska (Mr. YOUNG) and the gentleman ate bill was passed. stranded marine mammals. from California (Mr. GEORGE MILLER) A motion to reconsider was laid on I urge an ``aye'' vote. each will control 20 minutes. the table. Mr. GEORGE MILLER of California. The Chair recognizes the gentleman f Mr. Speaker, I yield back the balance from Alaska (Mr. YOUNG). GENERAL LEAVE of my time. Mr. YOUNG of Alaska. Mr. Speaker, I Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may con- Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my time. sume. ask unanimous consent that all Mem- The SPEAKER pro tempore. The Mr. Speaker, S. 1670 will expand the bers may have 5 legislative days within question is on the motion offered by boundary of Fort Matanzas National which to revise and extend their re- the gentleman from Alaska (Mr. Monument in the State of Florida by marks on H.R. 2903 and S. 1670. YOUNG) that the House suspend the approximately 70 acres. The monument The SPEAKER pro tempore. Is there rules and pass the bill, H.R. 2903, as was established by Presidential Procla- objection to the request of the gen- amended. mation in 1924 under the Antiquities tleman from Alaska? The question was taken; and (two- Act. The two tracts of land, which are There was no objection. thirds having voted in favor thereof) adjacent to the monument boundary, f were donated to the United States in the rules were suspended and the bill, ANNOUNCEMENT BY THE SPEAKER the mid-1960s. A third tract of land as amended, was passed. PRO TEMPORE The title of the bill was amended so comprising 1.6 acres was erroneously as to read: omitted from the legal description of The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, the Chair ‘‘A bill to reauthorize the Striped Bass the monument at the time of its cre- Conservation Act, and for other purposes.’’ ation. However, it has been managed as will now put the question on each de novo motion to suspend the rules on A motion to reconsider was laid on part of the monument despite the fact which further proceedings were post- the table. that the United States does not hold title, although the local tax assessor poned on Monday, October 30, 2000 in f regards it as Federal property. S. 1670 the order in which that motion was en- FORT MATANZAS NATIONAL will expand the monument boundaries tertained. MONUMENT BOUNDRY REVISION to include these three parcels. I urge Votes will be taken in the following support of the bill. order: Mr. YOUNG of Alaska. Mr. Speaker, I Mr. Speaker, I reserve the balance of H.R. 1653; move to suspend the rules and pass the my time. H.R. 4020; Senate bill (S. 1670) to revise the Mr. GEORGE MILLER of California. S. 2020; and boundary of Fort Matanzas National Mr. Speaker, I yield myself such time Concur in Senate amendment to H.R. Monument, and for other purposes. as I may consume. 2462. The Clerk read as follows: (Mr. GEORGE MILLER of California Proceedings on House Concurrent S. 1670 asked and was given permission to re- Resolution 397, on which the yeas and Be it enacted by the Senate and House of Rep- vise and extend his remarks.) nays were ordered, will resume tomor- resentatives of the United States of America in Mr. GEORGE MILLER of California. row. Congress assembled, Mr. Speaker, I rise in strong support of f SECTION 1. DEFINITIONS. S. 1670 by Senator GRAMM and the gen- PRIBILOF ISLANDS TRANSITION In this Act: tlewoman from Florida (Mrs. FOWLER). (1) MAP.—The term ‘‘Map’’ means the map I urge the House to support this meas- ACT entitled ‘‘Fort Matanzas National Monu- The SPEAKER pro tempore. The un- ment’’, numbered 347/80,004 and dated Feb- ure. ruary, 1991. S. 1670 is an Administration pro- finished business is the question of sus- (2) MONUMENT.—The term ‘‘Monument’’ posed, introduced by Senator GRAHAM, pending the rules and passing the bill, means the Fort Matanzas National Monu- to expand the boundary of Ft. H.R. 1653, as amended. ment in Florida. Matanzas National Monument in Flor- The Clerk read the title of the bill. (3) SECRETARY.—The term ‘‘Secretary’’ ida by including three tracts of land to- The SPEAKER pro tempore. The means the Secretary of the Interior. taling approximately 70 acres. question is on the motion offered by SEC. 2. REVISION OF BOUNDARY. Two of the tracts of land, which are the gentleman from Alaska (Mr. (a) IN GENERAL.—The boundary of the located adjacent to the National Monu- YOUNG) that the House suspend the Monument is revised to include an area to- ment, were donated to the United rules and pass the bill, H.R. 1653, as taling approximately 70 acres, as generally States in the mid-1960s. However, no amended. depicted on the Map. (b) AVAILABILITY OF MAP.—The Map shall legislative authority existed at the The question was taken; and (two- be on file and available for public inspection time to include these properties in the thirds having voted in favor thereof) in the office of the Director of the National Monument boundary, nor was any ef- the rules were suspended and the bill, Park Service. fort made since then to do so. as amended, was passed.

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.129 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11707 The title of the bill was amended so SPECIAL ORDERS tleman from New Jersey (Mr. SMITH) is as to read: The SPEAKER pro tempore. Under recognized for 5 minutes. ‘‘A bill to complete the orderly withdrawal the Speaker’s announced policy of Jan- (Mr. SMITH of New Jersey addressed of the NOAA from the civil administration of uary 6, 1999, and under a previous order the House. His remarks will appear the Pribilof Islands, Alaska, and to assist in of the House, the following Members hereafter in the Extensions of Re- the conservation of coral reefs, and for other marks.) purposes.’’ will be recognized for 5 minutes each. f A motion to reconsider was laid on f The SPEAKER pro tempore. Under a the table. The SPEAKER pro tempore. Under a previous order of the House, the gen- f previous order of the House, the gentlewoman from Florida (Ms. ROS- tleman from Pennsylvania (Mr. PETER- DILLONWOOD GIANT SEQUOIA LEHTINEN) is recognized for 5 minutes. SON) is recognized for 5 minutes. GROVE PARK EXPANSION ACT (Ms. ROS-LEHTINEN addressed the (Mr. PETERSON of Pennsylvania ad- The SPEAKER pro tempore. The un- House. Her remarks will appear here- dressed the House. His remarks will ap- finished business is the question of sus- after in the Extensions of Remarks.) pear hereafter in the Extensions of Re- marks.) pending the rules and passing the bill, f H.R. 4020, as amended. The SPEAKER pro tempore. Under a f The Clerk read the title of the bill. previous order of the House, the gen- TRIBUTE TO BILL BARRETT OF The SPEAKER pro tempore. The tleman from California (Mr. SHERMAN) NEBRASKA question is on the motion offered by is recognized for 5 minutes. The SPEAKER pro tempore. Under the gentleman from Utah (Mr. HANSEN) (Mr. SHERMAN addressed the House. the Speaker’s announced policy of Jan- that the House suspend the rules and His remarks will appear hereafter in uary 6, 1999, the gentleman from Ne- pass the bill, H.R. 4020, as amended. the Extensions of Remarks.) braska (Mr. BEREUTER) is recognized The question was taken; and (two- f thirds having voted in favor thereof) for 40 minutes as the designee of the the rules were suspended and the bill, The SPEAKER pro tempore. Under a majority leader. as amended, was passed. previous order of the House, the gen- Mr. BEREUTER. Mr. Speaker, to- The title of the bill was amended so tleman from Indiana (Mr. SOUDER) is night I wanted to pay tribute to my as to read: recognized for 5 minutes. colleague from the Third Congressional (Mr. SOUDER addressed the House. ‘‘A bill to authorize the addition of land to District in Nebraska, Congressman Sequoia National Park, and for other pur- His remarks will appear hereafter in BILL BARRETT. poses.’’ the Extensions of Remarks.) Nebraska has a very small House del- A motion to reconsider was laid on f egation, only three of us, and we are the table. The SPEAKER pro tempore. Under a very close. We are very close for a vari- f previous order of the House, the gentle- ety of reasons. In addition to the fact woman from Texas (Ms. EDDIE BERNICE that we are a small delegation, all of us NATCHEZ TRACE PARKWAY, MIS- JOHNSON) is recognized for 5 minutes. happen to be of the same political SISSIPPI, BOUNDARY ADJUST- (Ms. EDDIE BERNICE JOHNSON of party. Nebraska has a unique tradition MENT Texas addressed the House. Her rein that we have a breakfast every Tues- The SPEAKER pro tempore. The un- marks will appear hereafter in the Ex- day when the House and Senate are finished business is the question of sus- tensions of Remarks.) both in session to which we invite all pending the rules and passing the Sen- f Nebraskans and their guests visiting ate bill, S. 2020. the Nation’s Capitol to meet with us. The SPEAKER pro tempore. Under a The Clerk read the title of the Senate We have been doing that since 1944, previous order of the House, the gen- bill. which I guess makes us the oldest tleman from Michigan (Mr. EHLERS) is The SPEAKER pro tempore. The breakfast on Capitol Hill. recognized for 5 minutes. question is on the motion offered by It has forged a relationship, a close (Mr. EHLERS addressed the House. the gentleman from Utah (Mr. HANSEN) bond, even a bipartisan bond, within His remarks will appear hereafter in that the House suspend the rules and the delegation, that I think is one of the Extensions of Remarks.) pass the Senate bill, S. 2020. the strongest in the Congress. It is a The question was taken; and (two- f way for us to know each other well. It thirds having voted in favor thereof) The SPEAKER pro tempore. Under a keeps us cooperating and working well, the rules were suspended and the Sen- previous order of the House, the gentle- and our staffs as well. It has been my ate bill was passed. woman from Ohio (Mrs. JONES) is rec- pleasure to learn much more about the A motion to reconsider was laid on ognized for 5 minutes. capabilities and the personality of my the table. (Mrs. JONES of Ohio addressed the good colleague from the Third District. f House. Her remarks will appear here- BILL BARRETT represents a huge piece after in the Extensions of Remarks.) of America. The Third Congressional GUAM OMNIBUS OPPORTUNITIES f District is 66 counties in size, which ACT The SPEAKER pro tempore. Under a makes BILL BARRETT’s Third larger The SPEAKER pro tempore. The un- previous order of the House, the gen- than 30 States, 30 individual States. He finished business is the question of sus- tleman from Iowa (Mr. LEACH) is recog- represents these 540,000 people scat- pending the rules and concurring in the nized for 5 minutes. tered over about 63,000 miles. Senate amendment to the bill, H.R. (Mr. LEACH addressed the House. His BILL BARRETT, my colleague, is now 2462. remarks will appear hereafter in the serving in his fifth term as he prepares The Clerk read the title of the bill. Extensions of Remarks.) to retire from the Congress of the The SPEAKER pro tempore. The f United States. He has not only had a question is on the motion offered by distinguished career here in the House the gentleman from Utah (Mr. HANSEN) The SPEAKER pro tempore. Under a of Representatives during this five that the House suspend the rules and previous order of the House, the gen- terms but he had a distinguished and concur in the Senate amendment to tleman from Illinois (Mr. RUSH) is rec- very productive service to the State of the bill, H.R. 2462. ognized for 5 minutes. Nebraska in many capacities before he The question was taken; and (two- (Mr. RUSH addressed the House. His came to the Congress of the United thirds having voted in favor thereof) remarks will appear hereafter in the States. He had a very important lead- the rules were suspended and the Sen- Extensions of Remarks.) ership background in the Republican ate amendment was concurred in. f Party in our State, serving 10 years on A motion to reconsider was laid on The SPEAKER pro tempore. Under a the Republican State executive com- the table. previous order of the House, the gen- mittee. He served as the State party

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.097 pfrm02 PsN: H31PT1 H11708 CONGRESSIONAL RECORD — HOUSE October 31, 2000 chairman for two years, as well as on cess of this Chamber, this body, and worked to improve rural education. In the National Republican Committee. the committees on which he has fact, I think it is safe to say that in Later, he was elected to the Nebraska served. every debate, discussion or vote we had unicameral legislature. In fact, he and I thank the gentleman for yielding. in the Committee on Education and the I missed serving together only by a Mr. BEREUTER. Mr. Speaker, I Workforce, BILL BARRETT was there, matter of days. He served 10 years in thank the gentleman for his remarks, trying to make sure that we were ad- that body as well, and during the last 4 and I know that BILL BARRETT and dressing the needs of small rural years he served as the speaker of our Elsie appreciate them as well. schools. He would never let us forget unicameral house legislature, our one- The gentleman mentioned his service that rural school districts could not house legislature. on the Committee on Agriculture. The compete against larger school districts Things are very different in that other committee on which BILL served, for Federal education grants and has body. Not only is it nonpartisan, and it as he has from the beginning, is now worked diligently to increase the flexi- truly has acted that way in most re- called the Committee on Education bility so that these schools are in a and the Workforce; and the chairman spects, it is, of course, unicameral. better position to improve academic of that committee is here, the gen- There are no party caucuses in that achievement. body, and the chairman and the speak- tleman from Pennsylvania (Mr. GOOD- er are chosen by secret ballot by the LING), and I yield to him. Just this past week, he was instru- entire membership of the legislature. Mr. GOODLING. Mr. Speaker, about mental in ensuring the passage of the Now, that is very different than the a year ago, and to the detriment of this Older Americans Act, and that was not U.S. House of Representatives, indeed. House, BILL BARRETT announced that an easy job. We have been trying to re- BILL BARRETT was elected to two suc- he was retiring at the end of the 106th authorize that act for many, many cessive terms as speaker, covering a Congress. His public service did not years. About a year and a half ago, period of 4 years, by secret ballot by begin in the Nation’s Capital; he start- BILL came and said, I would be very his colleagues in the Nebraska legisla- ed at the grass-roots level. He has been happy to take that on as a challenge, if ture, because of their confidence in his active in local, State, and national pol- you want me to do so; and I said, I am fairness and his capabilities. In fact, I itics for many years. In fact, he has sure that the subcommittee chairman, think he may well have been the first served the Republican Party in one ca- the gentleman from California (Mr. person at the time to be voted two suc- pacity or another for over 40 years. MCKEON), and I would be extremely cessive terms as speaker, because ordi- He was first elected to the House of happy if you would take on that chal- narily it rotated from one member to Representatives in 1990, and when we lenge. Everybody thought that we did another that was chosen by that secret adjourn the 106th Congress, hopefully not make it again; but lo and behold, ballot. in the next day or 2 or 3, he will be last week, through his consistent de- Well, BILL BARRETT is going home to completing his fifth term in Congress. I termination that it was going to hap- the Third Congressional District. He know there are many people here in pen, it was passed. So he has been very has been a champion of agriculture, a Congress that will be sorry to see BILL instrumental in that passage of the statesman. He is a father of four chil- retire, and I am sure there are quite a Older Americans Act. dren with his wonderful wife Elsie, and few people in Nebraska’s third district So not only did Congressman BAR- now he has two grandchildren. He says that will miss his tireless service, con- RETT care about the programs that af- he wants to spend more time with sidering he has been reelected by mar- those grandchildren and as a recent gins of 75 percent or more in each of his fected his district, he also cared about grandfather myself I do understand campaigns for the House. Everybody the individual constituents in his dis- how all of these grandchildren we have should envy that. tricts. I know that he felt one of the are really super children, and I can un- BILL served with me on the Com- most important duties of a Member of Congress is constituent casework. He derstand why BILL wants to retire back mittee on Education and the Workforce to, I am sure, a very active life in busi- and is the vice-chair of the Committee tried to always be there to lend a hand ness and government and public service on Agriculture and chairman of the when his constituents needed help cut- in Nebraska. He will be going back to Subcommittee on General Farm Com- ting through the government’s red his hometown of Lexington, Nebraska, modities, Resource Conservation and tape. He could not guarantee a solution shortly. Credit. Although we spend a lot of time to every problem, but he sure tried. I will continue, but I would be in Washington, he always remembered BILL BARRETT is a fiscal conserv- pleased to yield to my colleague, the the reason that he was here and effec- ative, a dedicated public servant, a gentleman from the State of Michigan tively worked for business, child care, champion for agriculture and edu- (Mr. SMITH), who I think he serves to- senior citizens, education, health care, cation, a respected statesman, and one gether on the Committee on Agri- rural development, agriculture, trade, of the nicest guys you will ever meet. culture with BILL BARRETT. and other issues vital to his residents I read somewhere that Bill has finally in his district. b 2245 decided that he is at the point in his The third district of Nebraska can be life where he would rather start the Mr. SMITH of Michigan. Mr. Speak- proud of BILL BARRETT. His tenure here day with ‘‘good morning, Grandpa’’ in- er, I thank the gentleman for yielding, in the House is highlighted with many stead of ‘‘good morning, Congress- because I have served with BILL for the accomplishments and indeed evidence man.’’ Well, I cannot say I disagree last 7 years on the Committee on Agri- of his hard work. He was here when the with him. I envy him, because I do not culture, and I would like to just try to Republicans made history and became have any grandchildren to say that. He portray his diligence, enthusiasm and the majority party in the House of should be truly proud of the years that dedication to trying to make sure that Representatives for the first time in 40 he has committed to Nebraska, and in- the farmers not only in Nebraska sur- years; and as a result, Congressman deed our country; and I thank BILL vive, but the farmers all through the BARRETT was a valuable part of the ma- BARRETT for his service, and I wish him United States. We underwent a rewrite jority that finally restored fiscal re- and Elsie many years of happiness in of the Federal agricultural policy. We sponsibility, balanced the Federal the future. are going to miss BILL BARRETT next budget, and started to pay off the na- year as we start the next 5-year re- tional debt. Mr. BEREUTER. Mr. Speaker, rewrite. He has been a leader, of course, Congressman BARRETT has always claiming my time, I do want to thank as chairman of one of the major sub- been an effective voice for rural Amer- the gentleman from Pennsylvania (Mr. committees within the Committee on ica. His leadership contributed greatly GOODLING), the distinguished chairman Agriculture; and I, as well as many of to the Federal Agriculture Improve- of the Committee on Education and the my colleagues in this Chamber, are ment Reform Act of 1996, which is help- Workforce, for his remarks regarding going to miss BILL and Elsie. We hope ing to provide the basis for a strong our colleague, BILL BARRETT. I know they will come back and visit often. He and profitable agriculture sector in the that they will be very well received by has contributed enormously to the suc- 21st century. Over the years, he has BILL.

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.110 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11709 Mr. Speaker, he is exactly right, and I think in light of that last remark, him for leadership and guidance in his 30 I can imagine that he would be bring- it is not surprising to know that BILL years of public service. ing up the interest of rural, not metro- BARRETT was, in fact, the chairman of Congressman BARRETT officially began a life politan, America in practically every- the House Bipartisan Nondenomina- in politics as a member of the Nebraska State thing he did on the gentleman’s com- tional Prayer Breakfast, which meets Republican Party. He served as Chairman mittee. In fact, I asked for examples every Thursday here at 8 a.m. from 1973 to 1975. In 1979 he was elected to from his staff on three of the things BILL BARRETT is without a doubt the Nebraska's State Legislature where he as- that Bill was most pleased or proud of colleague that I have served with who cended to become Speaker of the Unicameral in recent times, and two of the things is the most cooperative and friendly for his last four years there, from 1987 to the gentleman mentions are indeed and totally dedicated person in his per- 1991. Congressman BARRETT was elected to among them. His staff said, well, cer- formance that I have had the pleasure this body of Congress in 1990. He has spent tainly one of the things is the reau- to serve with. He has many friends his entire life devoted to his districts, his state, thorization of the Older Americans here. He was elected as the president of and his country. Act. his class, and I think continued to Congressman BARRETT'S most notable ac- Secondly, I know that he was in- serve in that throughout his career complishment in Congress came in 1996, volved in some issues that relate to here. when his leadership on the Agriculture Com- schools and giving rural schools a bet- Among his classmates are two gen- mittee greatly contributed to passage of the ter opportunity to use their funds more tlemen that are alleged to look exactly Freedom to Farm Act. The Act's sweeping re- flexibly. I think it is called the Rural like him. I know when the three of forms brought much-needed change to anti- School Initiative, whereby included in them are sitting together, as not only quated farm-subsidy programs by replacing the appropriations conference report it good friends, but they look alike, the would allow rural schools to combine them with market-based policies that allow our gentleman from Illinois (Mr. EWING) producers to better compete in a global agri- formula grants and apply for supple- and the gentleman from Michigan (Mr. mental funds to offer extra flexibility cultural economy. He also spearheaded efforts KNOLLENBERG). They oftentimes will to maintain alcohol fuels tax credits, and in and funding for locally determined edu- sit right over there, and they make cation needs. Also, the passage of a 1998, succeeded in extending a program vital sure that they have their glasses on at bill, the Grain Standards and Ware- to Nebraska's corn growers and a nation in the same time so that they are almost house Improvements Acts of 2000, need of renewable energy resources. Nebras- indistinguishable, and sometimes I which is extremely important to his ka's farmers, and America's farmers, owe think they take great care in what district and to rural America gen- Congressman BARRETT a debt of gratitude. erally. they deliver in the way of comments on Before I ran for Congress, I met with Con- It is true that BILL BARRETT is one of the House Floor because they might be gressman BARRETT on only a half-dozen occa- the nicest people you will ever run mistaken for the other. sions. He always strikes me as a person who into. He regards everybody that he In any case, the gentleman from Illi- epitomizes Congress. He is a distinguished meets as a potential friend; and I nois (Mr. EWING) is also leaving. He is gentleman who is always well-informed and in- think, as you walk with him through also a distinguished member of the sightful. It was only after I was elected to this the halls of the House of Representa- Committee on Agriculture that has body in 1998 and spent a great deal of time tives, it is very interesting and com- been very helpful to BILL and to me with Congressman BARRETT that my apprecia- plimentary to him that he is on a first- and to our constituents. But I know tion and respect for him as a person, a father, name basis with so many of the people that the gentleman from Illinois (Mr. a grandfather, and a friend blossomed. Plenty on the staff who do exceptional work EWING), and the gentleman from Michi- of my colleagues are willing to offer advice, for us here in the House of Representa- gan (Mr. KNOLLENBERG), in particular, but few offer it as genuinely. Congressman tives. This is a special place to BILL, asked me to express their extraor- BARRETT never pushed his advice on me; he and the people that work here with us dinary fondness and appreciation for was always available when I sought his sage are special to him. the service that BILL BARRETT has ren- advice on policy and procedure. Without ex- Mr. Speaker, I want to mention that dered here as a Member of the United ception it was sound and rooted in his love for my other colleague from Nebraska (Mr. States House of Representatives. our State. There is no doubt his counsel made TERRY) may not be able to join us to- Those of my colleagues that watch me a better representative for Nebraska. night. I know he had, in effect, I be- the proceedings of the floor will often- As wonderful a public servant he is, how- lieve baby-sitting duties for his three times find BILL BARRETT as the pre- ever, Congressman BARRETT is even more re- young sons, but I will submit his state- siding officer of this body. Again and markable a man for his devout faith, spiritu- ment certainly for the RECORD here. I again, throughout the day and into the ality, and his unbending love of family. When wanted to just read a couple of ex- evenings, he is a person you could rely he told me he was days away from announc- cerpts from the letter of our colleague upon to give fair kinds of decisions and ing his retirement, water welled in his eyes as from the second district in his first good council and dignity to the Cham- he looked at my children, Nolan, age 5, and term, the gentleman from Nebraska ber as a presiding officer. Ryan, age 2, and said, ``My grandkids are (Mr. TERRY). He has this to say about So BILL BARRETT and Elsie, we are about the same age and I want to go home BILL BARRETT: ‘‘He has spearheaded ef- going to miss Bill here very much. We and spend time with them.'' I wish only the know that you are going to be happy to forts to maintain alcohol fuels tax best for Congressman BARRETT's family as credit and in 1998, succeeded in extend- have more of his time. But we look for- they gain as a grandfather what we in Con- ing a program vital to Nebraska’s corn ward to the last few days of service gress lose as a colleague. I am fortunate to al- growers and a nation in need of renew- here with BILL BARRETT, and then I ways have in him a true friend. able energy resources. He is a distin- look forward to continuing to work Bill, you have the Terry family's and the guished gentleman who is always well with him as a citizen of our State of State of Nebraska's humble thanks and eter- informed and insightful. Congressman Nebraska. nal gratitude. We wish that in your retirement, Mr. TERRY. Mr. Speaker, I rise today to pay BILL BARRETT, even though I was in my your only job as a grandfather, you find the tribute to a great Nebraskan, a respected col- first term,’’ Mr. TERRY goes on to say, same fulfillment and richness you found in league, and a tremendous friend. Congress- ‘‘never pushed his advice on me; he was your years of service to Nebraska and to our man BILL ARRETT always available when I sought his B is not only a consummate great country. God bless you. sage advice on policy and procedure. gentleman and a devoted public servant, but Without exception, it was well ground- he is also able to balance his weighty duties f ed and rooted in his love for our State. in Congress with his even weightier duties as There is no doubt his counsel made me a father of four, a proud grandfather, and a GENERAL LEAVE a better representative for Nebraska, husband to his remarkable wife, Elsie. Con- Mr. BEREUTER. Mr. Speaker, I ask as the wonderful public servant that he gressman BARRETT has my admiration and re- unanimous consent that all Members is, Congressman BARRETT is an even spect for a life of public service, and the admi- may have 5 legislative days within more remarkable man for his devout ration, respect, and thanks of the entire state which to revise and extend their re- faith, spirituality, and his unending of Nebraska. Upon his retirement, he will be marks on the subject of my Special love of his family.’’ missed by an entire state that has looked to Order.

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.112 pfrm02 PsN: H31PT1 H11710 CONGRESSIONAL RECORD — HOUSE October 31, 2000 The SPEAKER pro tempore (Mr. body, the Senate and the President has priation bills in the next couple of SHIMKUS). Is there objection to the re- started borrowing money, because weeks. quest of the gentleman from Nebraska? somehow we feel that we are so impor- Social Security has been a debate There was no objection. tant in this generation that we can with both Governor Bush and Vice f borrow more and more money. President GORE. We have heard on the The debt of this country is now $5.6 campaign trail what do we do about A GENERATION AT RISK trillion that we are justified in bor- Social Security. And the Vice Presi- The SPEAKER pro tempore. As no rowing this additional money to satisfy dent has criticized Governor Bush for Member is present to take the time re- what we consider very important needs wanting to take some of this money served to the minority leader, the of this existing generation, if you will; and put it into privately owned retire- Chair recognizes the gentleman from and we leave our kids with that larger ment accounts that could be invested Michigan (Mr. SMITH) for 60 minutes. mortgage, that larger debt. I think in safe investments. Mr. SMITH of Michigan. Mr. Speak- that is bad policy, what we have start- The criticism was that the Governor er, happy Halloween. This is probably ed doing of not using the Social Secu- was taking a trillion dollars away from as close as I am going to get to my rity surplus money coming in. Social Security to pay benefits and he grandchildren tonight, and they are After the 1983 taxes that drove this was trying to use it for both setting of sort of demonstrating their Halloween up to 12.4 percent and indexed the base personal retirement accounts and try- outfits. My daughter, Elizabeth, and rate, which is now $76,000 going with ing to pay benefits with it at the same her husband, Fred, are the mom and inflation, for a short period of time, time. dad to Salena and James, and then ev- there is more money coming in than is I thought it would be good to review erybody else comes from Brad and used for benefits; and what has been just what is happening over the next 10 Diane, and Brad and Diane live with happening for the last 40 years is Con- years with Social Security revenues. me on the farm. Brad is an attorney in gress has been spending that extra Revenues coming in to Social Security Ann Arbor, but a farm guy at heart, money on other government programs. over the next 10 years are going to be and these guys are all 4–Hers. Just to So the money sort of disappears. $7.8 trillion. The costs of benefits over prove to my wife that I can do this, We started 3 years ago, it was a bill this next 10-year period are going to be this is Henry and George and Emily I originally introduced, that said we $5.4 trillion; that leaves a surplus or an and Clair and Francis and Nick, and have to have a recision. We cannot extra amount of $2.4 trillion. Alexander is missing from this picture. spend the Social Security surplus. With Governor George Bush was sug- I start with this picture because, Mr. the bill of the gentleman from Cali- gesting that we take $1 trillion down Speaker, I am going to make some fornia (Mr. HERGER) last year, we here at the bottom green, $1 trillion comments tonight about Social Secu- passed what was called a lockbox. And out of that $2.4 trillion and use it for, rity. If there is a generation at risk, if the lockbox simply said we are not if you will, transition, starting to set we continue to fail to make the going to use any of the Social Security up these personally owned accounts for changes necessary to keep Social Secu- surplus for any government programs, individuals that if they die it goes into rity and Medicare solvent, this is the and it is going to be used for Social Se- their own estate. Unlike Social Secu- generation at risk. curity or to pay down the debt held by rity today, if you pay in all of your life The next chart I am going to show is the public. That is what we did last and you die before you go into retire- why they are at risk, because it rep- year. ment, you do not get anything. resents what we have done on tax in- It got popular support, so the Presi- This other chart sort of represents creases on Social Security in the past. dent went along with it. This year we the problem, some of the rewards that In 1940, the rate was 2 percent, 1 per- came up with another policy tool and some people would have if they were to cent for the employee and 1 percent for said, look, the American people will invest with the magic of compound in- the employer. The base was $3,000, so support us if we say that we are going terest. This chart shows that a family the total tax per year for employee and to take 90 percent of the surplus. Look, that has $58,475, and that was figured employer was $60. times are good now. There is extra an average for an area of Michigan, money rolling in. And the danger is, of that if they put that into an invest- b 2300 course, that this Chamber decides to ment and invested, the blue would be 2 By 1960, it got up to 6 percent of the spend it on government programs, percent of their income, the pink would first $4,800 for the total tax, employer rather than paying down the debt. be 6 percent of the income, purple and employee, $144 each, $288 combined. We decided in our Republican Caucus would be 10 percent of their income. If By 1980, we again increased taxes, and about 4 weeks ago that we were going they just invested it for 20 years with we were doing this as the number of to draw the line in the sand on spend- the magic of compound interest, in 20 workers per retiree kept going down. ing and say at least 90 percent of that years they would be at 2 percent. It In 1940, we had 38 workers paying in surplus is going to be used to pay down would be worth $55,000; and this is at 2 their Social Security tax, 38 of them, the debt held by the public, and that is percent of the investing, 2 percent of to cover the benefits of one retiree. what we are arguing about now is what their earnings. If they invested 10 per- Today, as our tax rate has gone to 12.4 to do with the other 10 percent. That is cent, it would be worth $274,000 in 20 percent of the first $76,000 for a total of significant, because it still is going to years. $9,448, we have three workers paying in increase spending substantially. But most of us start working at 18, that large tax to cover the benefits of Speaking of Halloween, I personally 20, 22, and we work for 40 years until we every one retiree, and the guess is that feel that we sort of got tricked by the are 62 or 65 maybe even. So if you were within 20 years to 25 years, we will be President last night when he vetoed to leave money for 40 years, which is down to two workers. the Treasury Postal bill and Legisla- the far right-hand bar charts, and you Mr. Speaker, I am concerned about tive Service branch bill. He vetoed it were to do it for 2 percent of your in- my grandkids and everybody’s because he wanted something in the come, you would accrue $278,000, if it grandkids, in terms of the kind of tax legislation that we are now debating was 6 percent of your income. Remem- they are going to be asked to pay if that this Congress was not sure that ber, Social Security taxes are 12.4 per- this country continues to give them they wanted to give him, so he decided cent of everything you earn. the burden of a greater debt, a greater to veto that bill. If you were to do it for the 6 percent, mortgage. Mr. Speaker, it sets us farther be- it would be $833,000; or if you would in- I am a farmer from Michigan; and on hind. I think it was a disservice to the vest 10 percent of that income and the farm, we always had a goal of try- communication, to the cooperation be- leave the 2.4 percent for the disability ing to pay down the mortgage so that tween the Congress and the White insurance part of the Social Security, our kids had a little better chance of House, and I think probably it is going if you were allowed to invest that, you having a good life, of having some in- to end up that we are going to have would end up with a $1,389,000. At 5 per- come, as compared to their parents and that much greater difficulty coming to cent interest, you could have $70,000 a their grandparents. This Chamber, this a bipartisan agreement on these appro- year and not even go into the principal.

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.113 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11711 Social Security started with, of rectly related to what we paid in and It seems to me that those have got to course, Franklin Delano Roosevelt in what we earned, their benefits are be part of the criteria of everybody’s 1935. When President Roosevelt created going to be higher than average. proposal, they are of Governor Bush’s. the Social Security program, he want- So the actuaries are now predicting No tax increases. No cuts in benefits ed it to feature a private sector compo- that we are going to be short of money for existing retirees or near-term retir- nent to build retirement income. And and not having enough money by 2015. ees. And we could have it optional to Social Security was supposed to be one Social Security trust funds go broke in allow other workers to either stay in leg of a three-legged stool to support 2037, although the crisis arrives much the old program or have the oppor- retirees. The other two legs were to be sooner. The crisis arrives in 2015 when tunity to have some of that money in personal savings and private pension there is less money coming in in taxes their name that could be invested in a plans. than there is needed to pay benefits. limited number of safe accounts such It is interesting researching the ar- So the question is for Social Secu- as the Thrift Savings Plan, such as the chives and the debate in the House and rity, how do we come up with that 401(k)s, but even with more restrictions the Senate. The Senate on two dif- extra money? It is not just speculation because it could only be used for retire- ferent votes in 1935 said that private from people with green eyeshades on, ment. investment savings, that could only be economists making some predictions. The red represents the $120 trillion I used for retirement purposes, but It is an absolute. Insolvency is certain. talked about or the $9 trillion unfunded owned by the individual should be an We know how many people there are. liability today that would have to go in option to a government-run program. We know when they are going to retire. a savings account earning a real return We know people will live longer in re- When the House and the Senate went of 6.7 percent. tirement. We know how much they will into conference, the House prevailed, Some have suggested economic pay in and how much they will take and we ended up with a total govern- growth. In fact I read in Investors out. And we know payroll taxes will ment-run program. Business Daily yesterday the sugges- not cover benefits starting in 2015. tion if economic growth continues, it is b 2310 The shortfall will add up to $120 tril- going to help solve the problem of So- lion between 2015 and 2075. $120 trillion. And now, because of the demo- cial Security. Not so. Here is what hap- To put that in some kind of perspec- graphics, because people are living pens with economic growth. As wages tive, our current budget that we are longer life spans, when we started So- increase and the economy expand, be- just passing for this year is $1.9 tril- cial Security the average life span was cause of the fact that we index Social lion. The $120 trillion is in tomorrow’s 621⁄2 years. That meant that most peo- Security benefits to wage inflation, dollars. The way Alan Greenspan, ple paid into Social Security all their which is substantially higher than nor- Chairman of the Federal Reserve, ex- life, but did not get anything out of it. mal inflation, Social Security goes up The system worked very well then. pressed it is the unfunded liability is $9 trillion. In other words we would need faster than normal inflation. But now, people are living longer My proposal, in one of the three So- $9 trillion today to come up with the and, at the same time, the birth rate cial Security bills that I have intro- tomorrow dollars that are going to be has decreased substantially after the duced, the last one and the one before the inflated dollars to cover the $120 baby boomers, and so we ended up with that, over the last 5 years it changes trillion needed over and above what is fewer workers for more retirees, which the wage inflation to traditional eco- makes the pay-as-you-go program not coming in in Social Security taxes. So, Mr. Speaker, we know there is a nomic inflation so benefits grow with workable anymore. Social Security is huge problem, and yet we have avoided inflation instead of at the faster rate of now insolvent as scored by the Social dealing with it because there is a fear wage inflation. When the economy Security actuaries. by maybe both sides of the aisle, grows, workers pay more in taxes, but So the problem facing this Congress maybe by the President, that they also they will earn more in benefits is how do we come up with the extra would be criticized for making some when they retire. Growth makes the dollars to pay the benefits? I think we changes in Social Security. And that is numbers look better now, but leaves a have made a commitment to retirees. obvious. As we listen to the cam- larger hole to fill in later. We take their money while they are paigners for the Congress, for the Sen- So when we have more employment, working and the implied commitment ate, for the presidency, they want to and the unemployment is at record is that they are going to get something criticize the other person’s Social Se- lows right now, more people are work- when they retire. However, when this curity plan. They want to scare people. ing, more people are paying in their was challenged to the Supreme Court, And it is easy to scare people, because Social Security taxes. The higher wage when government refused payment at we have almost one-third of our retir- earners are, because taxes are directly one time, the Supreme Court on two ees today that depend on Social Secu- related to earnings, the higher wage different occasions now has ruled that rity for 90 percent or more of their in- earners are even paying in higher there is no entitlement for Social Se- come. So we can understand, Mr. taxes. But because Social Security is curity. That Social Security is simply Speaker, why and how it is easy to indexed to wage inflation, everybody is a tax that Washington has imposed on demagogue this issue of Social Secu- going to get a higher benefit. Those workers and any benefits are simply rity. higher wage earners, because Social another law that is passed to give some As I mentioned before, this chart Security benefits are also directly re- benefits, but there is no relationship, shows the number of workers per each lated to the wages and the Social Secu- no entitlement. one retiree. In 1940, there were 38 work- rity taxes we pay in, in the future are So the argument for at least some of ers paying in their Social Security tax going to get the higher benefits. that money being in private-owned ac- to cover the benefits of each one re- So even though it helps in the short counts where Washington cannot retiree. Today, there are three. By 2025, run, ultimately benefits have to pay duce benefits, or yet again increase there is going to be two. So an extra out to accommodate those higher taxes, I think has a great deal of merit, burden, an extra tax on my grandkids, wages. So a strong economy does not above and beyond the fact that we can on everybody’s kids and grandkids, and cure the Social Security problem. get a lot better return on our invest- on young workers today if we do not Mr. Speaker, I just wanted to men- ment with some of those investments. face up to the problem. tion that the administration has used Let me just briefly show the predica- This represents the short-term sur- these short-term advantages as an ex- ment that Social Security is in. Sev- plus in the blue, and that is because we cuse to do nothing. I think we have enty-eight million baby boomers begin dramatically increased the Social Se- missed a real opportunity in the last 8 retiring in 2008. They are now paying in curity taxes in 1983. We also reduced years not to move ahead with Social at maximum earning. These are big benefits when Congress dealt with the Security. I thought we were close, and earners paying in a heavy tax on that program in 1983 and we did that in 1977 in this Chamber I stood up and cheered higher base and they are going to go also. In 1977, when push came to shove and clapped when President Clinton out of the paying-in mode and start on needing additional money, we re- said he was going to put Social Secu- taking out. Because benefits are di- duced benefits and increased taxes. rity first and we were going to do

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.115 pfrm02 PsN: H31PT1 H11712 CONGRESSIONAL RECORD — HOUSE October 31, 2000 something about solving the Social Se- there is a shortfall of $46.6 trillion that disability insurance program. So when curity problem. will be needed in addition to the money I suggest that 1.9 percent return, I am There is no Social Security account coming in from the Social Security tax talking about the rest of one’s Social with our name on it. A lot of people to cover the benefits that we say we Security contribution taxes that one think that somehow the money they are going to cover. He is suggesting, by and one’s employer puts in. pay in is into their own private ac- paying down this $3.4 trillion debt and On the average, we get 1.9 percent, count. These trust fund balances are using that interest, it will keep Social the middle bar. But over here, we see available to finance future benefit pay- Security solvent. That is, well I hate to some people get a negative return. As ments and other trust fund expendi- say it, but that is fuzzy math. That is it happens, minorities, for example, are tures, but only in a bookkeeping sense. not going to work. one group that gets a lower return on They are claims on the Treasury that, Here is another chart, trying to por- their particular investments. when redeemed, will have to be fi- tray this in a different way. The inter- The average return of the market- nanced by raising taxes, borrowing est that we are paying on the debt held place, by the way, is running 7 percent. from the public, or reducing benefits or by the public is $260 billion a year. So So the question is, can we do better reducing some other expenditures. there is some reasonableness to add an- than the 1.9 percent real return? I What we have done in the past is in- other IOU to the trust fund or to use think even CDs are paying much better creased taxes. So that is why I am con- this money, instead of paying it on in- than that now. cerned that it could develop into al- terest, to dedicate it to Social Secu- So how do we make the transition? If most generational warfare if we start rity. But if we dedicate that $260 bil- we were to have some private invest- asking our future workers to start con- lion to Social Security, then we are ment, what would that do to the econ- tributing a 50 percent increase in their still left with a shortfall of $35 trillion. omy of this country? The estimate is current taxes. The economic predictors So the Vice President’s program is that, if we would allow 2 percent out of are suggesting that within the next 40 not going to accommodate the needs to the 12.4 percent of one’s Social Secu- years, without changes in the pro- keep Social Security solvent over the rity tax to be invested, maybe 60 per- grams, even if we do not add extra ben- next 57 years. cent in equities, 40 percent in indexed efits such as prescription drugs or Again, the problem is how do we equities, 40 percent in indexed bonds, whatever, simply to cover the existing come up with the money when we run within 15 years, there would be an program promises of Social Security, out of tax money and tax revenues extra additional $3 trillion invested. coming in? The biggest risk is doing Medicare and Medicaid, it is going to What happens to these investments? nothing at all. take a 47 percent payroll tax. It goes into companies and businesses Social Security has a total unfunded b 2320 to allow them to buy the state-of-the- liability, as I mentioned, of $9 trillion. art equipment, to allow them to do the So payroll taxes would have to go to The Social Security Trust Funds con- research to make sure that they are 47 percent to cover Social Security tain nothing but IOUs. To keep paying producing the kind of products that needs and the Medicare and Medicaid. I promised Social Security benefits, the people around the world want to buy think of what would we do today if we payroll tax will have to be increased by and the kind of technology that is were workers paying that kind of tax nearly 50 percent, or benefits will have going to allow us in the United States in addition to an income tax to finance to be cut by 30 percent. Neither one of to produce them more efficiently than the other operations and functions of those options I think is reasonable. any other country. I mean, that is Federal Government. I think there That is why we have got to get a better what we have been doing. would be a rebellion. return on the investment of the dollars That is what we have got to start that are now being sent in in the way I chair the Subcommittee on Basic looking at is how do we start paying of taxes. Research in the Committee on Science. down the debt, how do we start making Social Security lockbox, we passed it Research is vital. But for the private corrections while we have a surplus out of this Chamber. It says we are not sector to have the impetus to do that coming in so that we do not run into going to spend any of the Social Secu- kind of research and develop that kind this huge problem in the future. The rity surplus. For the last 40 years, we of equipment that keeps us productive, longer we put off the solution to fix So- have spending the Social Security sur- efficient, and competitive means that cial Security, the more drastic the plus money for other government pro- they have got to have that investment. changes are going to have to be. I know grams. We put a stop to that with a So savings and investment is key. that for a fact. lockbox. We passed it out of this Cham- That is why I first became interested I introduced my first bill when I ber. Now it is lagging in the other in Social Security. I was chairman of came to Congress in 1993, my second Chamber. I am sure if the President of the Michigan Senate Finance Com- bill and every term since. So I have in- that Chamber, the Vice President of mittee, and I wrote my first Social Se- troduced four Social Security bills. the United States, would say, look, let curity bill actually while I was in the The last three were scored by the So- us move this bill out, it would go out. Michigan Senate because of the fact cial Security Administration that, in I am sure the President would sign it that our savings and investment in the their determination, that these bills into law. Then it would be an absolute United States are one of the lowest in kept Social Security solvent for the lockbox. the industrialized world. next 75 years. The diminishing returns of one’s So- If we expect that we are going to con- I was appointed as chairman of the cial Security investment. The average tinue to motivate and have the money Committee on the Budget’s bipartisan retiree now gets 1.9 percent back on for these businesses to do the research task force on Social Security. So we the money that they and their em- and the development, then we have got brought in experts from, not only this ployer send in on Social Security. That to have that kind of savings and in- country, but around the world to dis- is over and above the 2.4 percent that vestment. We give some encourage- cuss what the problems of Social Secu- are needed for the disability insurance. ment by saying to the average worker rity were, how they work, what was the The disability insurance is really an in this country we are going to allow internal operation of Social Security, insurance program. It is proper that one to invest part of that tax money. It what was the real problem of Social Se- that strictly be a total Federal Govern- is going to be in one’s name. It is going curity, what were some of the ways ment operation. One pays in one’s 2.4 to be limited, safe investments. One that we might fix Social Security. percent to cover the insurance that can only use it for retirement. But it The Vice President has suggested one says, look, if one gets hurt or disabled, means that there is going to be more way to fix Social Security would be to then one is going to get these kind of savings and investment, which is going pay down the debt and use the interest benefits out of the Social Security Ad- to spur our economy. savings to help pay for benefits, and ministration. This graph, this bar chart is another that would keep Social Security sol- So there is no proposals in Congress way of describing that Social Security vent over the next 57 years. So he is or in the Senate that suggest that we is a bad investment for the American suggesting, over the next 57 years, reach in in any way to that part of the worker.

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.117 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11713 It only took 2 months in 1940. But in Personal retirement accounts. I This chart demonstrates what has 1960, one had to live 2 years after rethink the important part is that a happened in equity investments over tirement to get back all of the money worker will own his own retirement ac- the last 100 years. And so, some have to break even, to get back all the count and it will not be subject to deci- suggested the market is too risky to money one and one’s employer put in. sions made by the United States Con- invest with the ups and downs. That is By 1980, one has to live 4 years after he gress or the President and it is limited why I think it is important that you retired. By 1995, one has to live 16 years to the safe investments and they can have indexed investments where you after one retired. So that is living 4 earn more than 1.9 percent paid now by have part of the investment in equities years after one retired in 1980, living 16 Social Security. and part of the investment in bonds years after one retired in 1995, living 23 Here is an example of some of the and part of it would depend on the age years after one retired in 2005, just to personal retirement accounts. If John that you start these private invest- break even. It is a bad investment on Doe makes an average of $36,000 a year, ments. Social Security. he could expect $1,280 a month from So- The average for the last 100 years has cial Security or $6,514 from his per- been a real return of 6.7 percent. In the b 2330 sonal retirement account. lowest years, in 1917 and 1918, still it Can we do better on that investment? Galveston, Texas. When we passed was three and a half percent, well Can we have a system that allows an Social Security in 1935, there was an above the 1.9 percent return that you average income worker to make some option for local and State to not go are getting from Social Security. But of those investments, to benefit from into the Social Security program and again, if you leave the money in an in- the magic of compound interest and be- to set up their own personal retirement dexed type of investment, there has come a wealthy retiree? The answer is accounts. Galveston, Texas, ended up never been a period, even around the yes, we can do that. doing that. In Galveston, Texas, if you worst recessions of ever 1918 or 1929, Here is another problem. We kept up- die, your death benefits in Galveston there has never been any 30-year period ping the taxes on the American work- under their personal retirement invest- where there was not a positive return ers to the point where 78 percent of ment plan is $75,000. Social Security on your investment greater than what American workers today pay more in would pay 253, the disability benefits can be made from Social Security. And the Social Security tax than they do in for a month, and Social Security $1,280. again, the average of 6.7 percent real the income tax. And that is a very re- The Galveston plan is $2,749. Retire- return. gressive tax. ment benefit per month $1,280, same as I want to conclude by suggesting The six principles of saving Social disability. The Galveston plan, on their that maybe we should be positive in Security: Protect current and future personal retirement investments, the our outlook. We have come a long way. beneficiaries. Allow freedom of choice. way they have come out with their in- We have made a decision to stop the Freedom of choice means you can ei- vestments, is $4,790 a month. spending of the Social Security sur- ther take the option of having some of I am trying to just show the advan- plus. That was good. that money in your own name and hav- tages and the magic of compound inter- When Republicans came in in 1995 ing the Government say, okay, you can est compared to a Government-run pro- after being in the minority in this invest it in an indexed stock or an in- grams, the pay as you go, that does not chamber for I think almost 38 years, we have any savings, that does not have dexed bond or an indexed global fund came in very aggressively determined any real investment. It does the same but safe investments, as determined by that we were going to balance the thing with their PRAs, personal retire- the Social Security Administration or budget. ment accounts. b by Congress, when they pass the law. A 30-year-old employee who earns a 2340 It preserves the safety net. It never salary of $30,000 for 35 years and con- When President Clinton came in in touches the disability insurance por- tributes 6 percent to his PRA would re- 1993, he and the Democrats decided to tion. Makes Americans better off, not ceive $3,000 per month in retirement. increase taxes, so an increase in Social worse off. And creates a fully funded Under the current system, he would Security tax, an increase in gas tax system and no tax increases and no re- contribute twice as much but receive and other increases in taxes that ended duction in benefits for existing or near- only $1,077 from Social Security. up being one of the largest tax in- term retirees. The U.S. trails other countries. And I creases in history, 2 years later the Personal retirement accounts. They was concerned. I represented the American people decided that they do not come out of Social Security. United States in describing our Social were going to give the Republicans a They stay in the system. Some have Security our public pension system in chance in the majority, and what Re- suggested that you can have these per- a meeting in London 4 years ago, and I publicans did is they did not spend that sonal retirement accounts and invest was impressed at the number of coun- increased revenue. them in some of these limited invest- tries around the world that are much We caught heck from the Dems. They ments and for every $6 you make in more advanced than we are in terms of suggested that we were going to throw your equity investments you would getting some real return on that tax hungry children out in the street and lose $5 in Social Security benefits. So contribution for their senior citizens. there were going to be people without it is a no-lose situation if you were to In the 18 years since Chile offered shelters as we suggested that there devise something like that. PRAs, 95 percent of the Chilean work- should be welfare reform. We sent that In my last piece of legislation, what ers have created accounts. Their aver- welfare reform bill twice to President we did is say that we are going to as- age rate of return has been 11.3 percent Clinton and Vice President GORE. Both sume that you can get at least 31⁄2 per- per year. And, among others, Aus- times they vetoed it. Then the public cent interest real return on your in- tralia, Britain, Switzerland offer work- pressure built, so in the spring of 1996, vestment and, so, you would offset So- ers PRAs and they have gone into that we passed welfare reform. What was cial Security benefits. system with a better rate of return. amazing about that, I think, is that it The other thing I do in my legisla- The British worker who chose PRAs started putting people to work, and it tion to help keep the Social Security is now averaging a 10-percent return. started giving them respect for them- system solvent is I change it from wage And two out of three British workers selves. Instead of just a hand out, it inflation to normal economic inflation that are enrolled in the second tier was a hand up. We made a tremendous as far as indexing the increase in bene- they call it, allowing you to have some change in this country. We were fortu- fits. And the third thing I do, I slow options with half of your Social Secu- nate, I think, to have economic down the increase in benefits for high rity taxes, have invested in that sys- growth. income recipients of Social Security. tem and the British workers have en- Now the question before us is how do It ends up being scored to keep Social joyed a 10-percent return on their pen- we save Social Security, how do we Security solvent for the next 75 years sion investment. The pool of PRAs now save Medicare for future generations with the extra return that can come in in Britain is $1.4 trillion, larger than without putting our kids and our from these privately-owned personal the rest of the economy of the whole of grandkids at risk in terms of the obli- retirement accounts. Europe. gation of potentially higher taxes. The

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K31OC7.119 pfrm02 PsN: H31PT1 H11714 CONGRESSIONAL RECORD — HOUSE October 31, 2000 way we do it is start dealing with this lative program and any special orders to modernize programs and services for older problem today, start making the heretofore entered, was granted to: individuals, and for other purposes. changes necessary, stopping the talk (The following Members (at the re- H.R. 4864. An act to amend title 38, United States Code, to reaffirm and clarify the duty and the promises and going ahead with quest of Mr. GEORGE MILLER of Cali- of the Secretary of Veterans Affairs to assist solving Social Security. Several bills fornia) to revise and extend their re- claimants for benefits under laws adminis- have been introduced in this Chamber, marks and include extraneous mate- tered by the Secretary, and for other pur- several bills in the Senate. I am dis- rial:) poses. appointed that the President has not Mr. SHERMAN, for 5 minutes, today. H.J. Res. 120. Joint resolution making fur- presented legislation that could be Ms. EDDIE BERNICE JOHNSON of Texas, ther continuing appropriations for the fiscal scored as keeping Social Security sol- for 5 minutes, today. year 2001, and for other purposes. vent by the actuaries. And so the chal- Mrs. JONES of Ohio, for 5 minutes, f lenge for the next President is going to today. be to face up to some of these tough Mr. RUSH, for 5 minutes, today. JOINT RESOLUTION PRESENTED issues of keeping Social Security sol- (The following Members (at the re- TO THE PRESIDENT vent. I am optimistic about the idea of quest of Mr. SMITH of Michigan) to re- Mr. THOMAS, from the Committee at least some of that money being al- vise and extend their remarks and in- on House Administration, reported lowed to be used for personal retire- clude extraneous material:) that that committee did on the fol- ment accounts, not only to have some Mr. PETERSON of Pennsylvania, for 5 lowing day present to the President, ownership from those individual Amer- minutes, today. for his approval, a joint resolution of ican workers but also to have some of Mr. LEACH, for 5 minutes, November the House of the following title: the magic of compound interest so you 1. On October 30, 2000: can retire as an even richer retiree f H.J. Res. 120. Making further continuing than you might have been an average appropriations for the fiscal year 2001, and worker. ENROLLED BILLS AND JOINT for other purposes. Of course, the third issue is the in- RESOLUTION SIGNED f creased savings investment and its im- Mr. THOMAS, from the Committee pact on economic expansion and devel- on House Administration, reported ADJOURNMENT opment and making sure that this that that committee had examined and Mr. SMITH of Michigan. Mr. Speak- great country continues to be the found truly enrolled bills and a joint er, I move that the House do now ad- greatest country in the world. resolution of the House of the following journ. f titles, which were thereupon signed by The motion was agreed to; accord- the Speaker: ingly (at 11 o’clock and 42 minutes SPECIAL ORDERS GRANTED H.R. 782. An act to amend the Older Ameri- p.m.), the House adjourned until to- By unanimous consent, permission to cans Act of 1965 to extend authorizations of morrow, Wednesday, November 1, 2000, address the House, following the legis- appropriations for programs under the Act, at 10 a.m. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the second and third quarters of 2000, by committees of the House of Representatives, pursuant to Public Law 95–384, are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2000

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of member or employee Country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Arrival Departure rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 rency 2 rency 2 rency 2

Michael Canty ...... 4/25 4/27 N. Antilles ...... 950.00 ...... 1,888.80 ...... 4/27 4/29 Equador ...... Carson Nightwine ...... 4/25 4/27 N. Antilles ...... 950.00 ...... 1,888.80 ...... 4/27 4/29 Equador ...... Caroline Katzin ...... 4/26 4/28 Nicaragua ...... 497.50 ...... 792.28 ...... Thomas Costa ...... 5/19 5/23 Haiti ...... 292.00 ...... Robert Taub ...... 6/6 6/12 Canada ...... 1,790.00 ...... 581.00 ...... Elizabeth Clay ...... 6/16 6/24 Germany ...... 1,600.00 ...... 4,524.72 ...... 252.80 ...... Committee Total ...... 6,079.50 ...... 9.675.60 ...... 252.80 ...... 16,007.90 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAN BURTON, Chairman, July 15, 2000.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2000

Thomas Costa ...... 8/15 8/16 Eritrea ...... 368.00 ...... 7,457.92 ...... 8/16 8/18 Saudi Arabia ...... 332.00 ...... 8/18 8/23 Sudan ...... 880.00 ...... 8/24 8/26 Ethiopia ...... 530.00 ...... David Rapallo ...... 8/15 8/16 Eritrea ...... 368.00 ...... 7,457.92 ...... 8/16 8/18 Saudi Arabia ...... 332.00 ...... 8/18 8/23 Sudan ...... 880.00 ...... 8/24 8/26 Ethiopia ...... 530.00 ...... John Mica ...... 8/22 8/25 Ireland ...... 843.00 ...... 8/25 8/28 Russia ...... 1,029.00 ...... 8/28 8/30 Estonia ...... 434.00 ...... 8/30 8/31 Netherlands ...... 492.00 ...... 8/31 9/3 UK ...... 815.00 ...... 282.54 ...... Sharon Pinkerton ...... 8/21 8/26 UK ...... 2,148.00 ...... 5,596.43 ...... 617.97 ...... 8/27 9/1 Netherlands ...... 1,593.16 ...... 148.18 ...... Kevin Long ...... 9/14 9/18 Columbia ...... 884.00 ...... 1,827.80 ...... Michael Yeager ...... 9/14 9/18 Columbia ...... 884.00 ...... 1,827.80 ...... Carson Nightwine ...... 9/14 9/18 Columbia ...... 884.00 ...... 1,827.80 ...... Michael Canty ...... 9/14 9/18 Columbia ...... 884.00 ...... 1,827.80 ......

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00092 Fmt 4634 Sfmt 8634 E:\CR\FM\K31OC7.122 pfrm02 PsN: H31PT1 October 31, 2000 CONGRESSIONAL RECORD — HOUSE H11715 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2000—Continued

Committee total ...... 15,110.16 ...... 28,106.01 ...... 1,532.30 ...... 44,748.47 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAN BURTON, Chairman, Oct. 30, 2000.

EXECUTIVE COMMUNICATIONS, 10822. A letter from the Secretary, Depart- Corporation, transmitting the Corporation’s ETC. ment of Education, transmitting the Depart- final rule—revisions to the Freedom of Infor- ment’s final rule—Federal Family Education mation Act regulations (RIN: 3420–ZA00) re- Under clause 8 of rule XII, executive Loan Program and William D. Ford Federal ceived October 30, 2000, pursuant to 5 U.S.C. communications were taken from the Direct Loan Program (RIN: 1845–AA11) re- 801(a)(1)(A); to the Committee on Govern- Speaker’s table and referred as follows: ceived October 31, 2000, pursuant to 5 U.S.C. ment Reform. 10814. A letter from the Associate Adminis- 801(a)(1)(A); to the Committee on Education 10833. A letter from the Acting Director, trator, Agricultural Marketing Service, and the Workforce. Office of Surface Mining, Department of the Fruit and Vegetable Programs, Department 10823. A letter from the Secretary, Depart- Interior, transmitting the Department’s of Agriculture, transmitting the Depart- ment of Energy, transmitting a report on the final rule—Virginia Regulatory Program— ment’s final rule—Kiwifruit Grown in Cali- Comprehensive Status of Exxon and Stripper received October 31, 2000, pursuant to 5 fornia; Decreased Assessment Rate [Docket Well Oil Overcharge Funds, Forty-Fourth U.S.C. 801(a)(1)(A); to the Committee on Re- No. FV00–920–3 FIR] received October 28, 2000, Quarterly Report; to the Committee on Com- sources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- merce. 10834. A letter from the Acting Director, mittee on Agriculture. 10824. A letter from the Director, Regula- Office of Surface Mining, Department of the 10815. A letter from the Administrator, tions Policy and Management Staff, FDA, Interior, transmitting the Department’s Farm Service Agency, Department of Agri- Department of Health and Human Services, final rule—New Mexico Regulatory Pro- culture, transmitting the Department’s final transmitting the Department’s final rule— gram—received October 31, 2000, pursuant to rule—Farm Reconstitutions and Market As- Food Additives Permitted for Direct Addi- 5 U.S.C. 801(a)(1)(A); to the Committee on sistance for Cottonseed, Tobacco, and Wool tion to Food for Human Consumption; Resources. and Mohair (RIN: 0560–AG19) received Octo- Polydextrose [Docket No. 92F–0305] received 10835. A letter from the Acting Director, ber 30, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); October 31, 2000, pursuant to 5 U.S.C. Office of Sustainable Fisheries, NMFS, Na- to the Committee on Agriculture. 801(a)(1)(A); to the Committee on Commerce. tional Oceanic and Atmospheric Administra- 10816. A letter from the Administrator, 10825. A letter from the Secretary, Division tion, transmitting the Administration’s final Farm Service Agency, Department of Agri- of Corporation Finance, Securities & Ex- rule—Fisheries of the Northwestern United culture, transmitting the Department’s final change Commission, transmitting the Com- States; Northeast Multispecies Fishery; rule—2000 Crop Agricultural Disaster and mission’s final rule—Delivery of Proxy Commercial Haddock Harvest [Docket No. Market Assistance (RIN: 0560–AG18) received Statements and Information Statements to 000407096–0096–01; I.D. 101700A] received Octo- October 30, 2000, pursuant to 5 U.S.C. Households [Release Nos. 33–7912, 34–43487, ber 30, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); 801(a)(1)(A); to the Committee on Agri- IC–24715; File No. S7–26–99] (RIN: 3235–AH66) to the Committee on Resources. culture. received October 29, 2000, pursuant to 5 10836. A letter from the Program Analyst, 10817. A letter from the Congressional Re- U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- view Coordinator, Animal and Plant Health Commerce. mitting the Department’s final rule—Sub- Inspection Service, Department of Agri- 10826. A letter from the Assistant Sec- division of Restricted Areas R–6412A and R– culture, transmitting the Department’s final retary for Legislative Affairs, Department of 6412B, and Establishment of R–6412C and R– rule—Commuted Traveltime Periods: Over- State, transmitting notification that a re- 6412D, Camp Williams, Utah [Airspace Dock- time Services Relating to Imports and Ex- ward has been paid pursuant to 22 U.S.C. et No. 00–ANM–10] (RIN: 2120–AA66) received ports [Docket No. 00–049–1] received October 2708(b), pursuant to 22 U.S.C. 2708(h); to the October 26, 2000, pursuant to 5 U.S.C. 30, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on International Relations. 801(a)(1)(A); to the Committee on Transpor- the Committee on Agriculture. 10827. A letter from the Chairman, Council tation and Infrastructure. 10818. A letter from the Congressional Re- of the District of Columbia, transmitting a 10837. A letter from the Program Analyst, view Coordinator, Department of Agri- copy of D.C. Act 13–443, ‘‘Bail Reform Tem- FAA, Department of Transportation, trans- culture, Animal and Plant Health Inspection porary Act of 2000’’ received October 31, 2000, mitting the Department’s final rule—Modi- Service, transmitting the Department’s final pursuant to D.C. Code section 1–233(c)(1); to fication of the East Coast Low Airspace Area rule—Change in Disease Status of KwaZulu- the Committee on Government Reform. [Airspace Docket No. 99–ANE–91] (RIN: 2120– Natal Province in the Republic of South Af- 10828. A letter from the Executive Director, AA66) received October 19, 2000, pursuant to rica Because of Rinderpest and Foot-and- Committee for Purchase From People Who 5 U.S.C. 801(a)(1)(A); to the Committee on Mouth Disease [Docket No. 00–104–1] received Are Blind or Severely Disabled, transmitting Transportation and Infrastructure. October 31, 2000, pursuant to 5 U.S.C. the Committee’s final rule—Additions to the 10838. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Agri- Procurement List—received October 25, 2000, FAA, Department of Transportation, trans- culture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Estab- 10819. A letter from the Secretary of the mittee on Government Reform. lishment of Class E Airspace; Albany, KY Air Force, Department of Defense, transmit- 10829. A letter from the Executive Director, [Airspace Docket No. 00–ASO–20] received ting notification that certain major defense Committee for Purchase From People Who October Transportation and Infrastructure. acquisition programs have breached the unit Are Blind or Severely Disabled, transmitting 10839. A letter from the Program Analyst, cost by more than 25 percent, revised, pursu- the Committee’s final rule—Additions to the FAA, Department of Transportation, trans- ant to 10 U.S.C. 2431(b)(3)(A); to the Com- Procurement List—received October 30, 2000, mitting the Department’s final rule—Rev- mittee on Armed Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ocation of the Sacramento McClellan Air 10820. A letter from the Secretary, Depart- mittee on Government Reform. Force Base (AFB) Class C Airspace Area, Es- ment of Education, transmitting the Depart- 10830. A letter from the Benefits Manager, tablishment of Sacramento McClellan AFB ment’s final rule—Federal Perkins Loan Pro- CoBank, transmitting the annual report to Class E Surface Area; and Modification of gram, Federal Family Education Loan Pro- the Congress and the Comptroller General of the Sacramento International Airport Class gram, and William D. Ford Federal Direct the United States for the CoBank, ACB Re- C Airspace Area; CA [Airspace Docket No. Loan Program, (RIN: 1845–AA12) received Oc- tirement Plan for the year ending December 99–AWA–3] (RIN: 2120–AA66) received October tober 31, 2000, pursuant to 5 U.S.C. 31, 1999, pursuant to 31 U.S.C. 9503(a)(1)(B); to 19, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Education the Committee on Government Reform. the Committee on Transportation and Infra- and the Workforce. 10831. A letter from the Director, Office of structure. 10821. A letter from the Secretary, Depart- Personnel Management, transmitting the Of- 10840. A letter from the Program Analyst, ment of Education, transmitting the Depart- fice’s final rule—Placement Assistance and FAA, Department of Transportation, trans- ment’s final rule—Federal Family Education Reduction in Force Notices (RIN: 3206–AJ18) mitting the Department’s final rule—Estab- Loan (FFEL) Program and William D. Ford received October 28, 2000, pursuant to 5 lishment of Class E Airspace; Columbia, KY Federal Direct Loan Program (RIN: 1845– U.S.C. 801(a)(1)(A); to the Committee on Gov- [Airspace Docket No. 00–ASO–21] received AA16) received October 30, 2000, pursuant to ernment Reform. October 19, 2000, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on 10832. A letter from the Director, Congres- 801(a)(1)(A); to the Committee on Transpor- Education and the Workforce. sional Affairs, Overseas Private Investment tation and Infrastructure.

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.001 pfrm02 PsN: H31PT1 H11716 CONGRESSIONAL RECORD — HOUSE October 31, 2000 10841. A letter from the Program Analyst, REPORTS OF COMMITTEES ON By Mr. TRAFICANT: FAA, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS H.R. 5609. A bill to ensure the availability mitting the Department’s final rule—Modi- of funds for ergonomic protection standards; fication of the San Francisco Class B Air- Under clause 2 of rule XIII, reports of to the Committee on Education and the space Area; CA [Airspace Docket No. 97– committees were delivered to the Clerk Workforce. AWA–1] (RIN: 2120–AA66) received October 31, for printing and reference to the proper By Mr. BONILLA (for himself and Mr. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the calendar, as follows: ORTIZ): Committee on Transportation and Infra- Mr. SHUSTER: Committee of Conference. H. Con. Res. 440. Concurrent resolution ex- structure. Conference report on S. 2796. An act to pro- pressing the sense of the Congress that the Government of Mexico should adhere to the 10842. A letter from the Program Analyst, vide for the conservation and development of terms of the 1944 Utilization of Waters of the FAA, Department of Transportation, trans- water and related resources, to authorize the Colorado and Tijuana Rivers and of the Rio mitting the Department’s final rule—Ad- Secretary of the Army to construct various Grande Treaty Between the United States vanced Qualification Program [Docket No. projects for improvements to rivers and har- and Mexico; to the Committee on Inter- FAA–2000–7497; Amendment No. 61–107, 63–30, bors of the United States, and for other pur- national Relations. 65–41, 108–18, 121–280 and 135–78] (RIN: 2120– poses (Rept. 106–1020). Ordered to be printed. AH01) received October 31, 2000, pursuant to Mr. YOUNG of Alaska: Committee on Re- f sources. H.R. 1524. A bill to authorize the 5 U.S.C. 801(a)(1)(A); to the Committee on MEMORIALS Transportation and Infrastructure. continued use on public lands of the expedited processes successfully used for wind- Under clause 3 of rule XII, 10843. A letter from the Program Analyst, storm-damaged national forests and grass- 486. The SPEAKER presented a memorial FAA, Department of Transportation, trans- lands in Texas (Rept. 106–1021). Referred to of the House of Representatives of the Com- mitting the Department’s final rule—Air- the Committee of the Whole House on the monwealth of Pennsylvania, relative to Res- worthiness Directives; Boeing Model 747 Se- State of the Union. ries Airplanes Equipped with Pratt & Whit- olution No. 104 memorializing the United f ney (PW) JT9D–7Q, and JT9D–7Q3 Turbofan States Forest Service Chief and the Pennsyl- Engines [Docket No. 2000–NM–98–AD; Amend- TIME LIMITATION OF REFERRED vania Congressional delegation support prop- ment 39–11938; AD 2000–21–06] (RIN: 2120– BILL PURSUANT TO RULE X er timber harvesting as a management tool AA64) received October 31, 2000, pursuant to to ensure better forest health in Pennsyl- 5 U.S.C. 801(a)(1)(A); to the Committee on Pursuant to clause 5 of rule X the fol- vania; to the Committee on Agriculture. Transportation and Infrastructure. lowing action was taken by the Speak- f er: 10844. A letter from the Program Analyst, PRIVATE BILLS AND FAA, Department of Transportation, trans- H.R. 1689. Referral to the Committee on mitting the Department’s final rule—Air- Transportation and Infrastructure extended RESOLUTIONS worthiness Directives; Israel Aircraft Indus- for a period ending not later than November Under clause 3 of rule XII: tries, Ltd., Model Astra SPX and 1125 1, 2000. H.R. 1882. Referral to the Committee on Mr. THOMPSON of California submitted a Westwind Astra Series Airplanes [Docket No. bill (H.R. 5610) to the relief of Patricia and 2000–NM–10–AD; Amendment 39–11935; AD Ways and Means extended for a period ending not later than November 1, 2000. Michael Duane, Gregory Hansen, Mary 2000–21–03) (RIN: 2120–AA64) received October Pimental, Randy Ruiz, Elaine Schlinger, and 31, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 2580. Referral to the Committee on Transportation and Infrastructure extended Gerald Whitaker; which was referred to the the Committee on Transportation and Infra- Committee on the Judiciary. structure. for a period ending not later than November 1, 2000. f 10845. A letter from the Program Analyst, H.R. 4144. Referral to the Committee on FAA, Department of Transportation, trans- the Budget extended for a period ending not ADDITIONAL SPONSORS mitting the Department’s final rule—Air- later than November 1, 2000. Under clause 7 of rule XII, sponsors worthiness Directives; British Aerospace H.R. 4548. Referral to the Committee on were added to public bills and resolu- BAe Model ATP Airplanes [Docket No. 2000– Education and the Workforce extended for a tions as follows: NM–123–AD; Amendment 39–11937; AD 2000– period ending not later than November 1, 21–05] (RIN: 2120–AA64) received October 31, 2000. H.R. 287: Mr. JENKINS. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 4585. Referral to the Committee on H.R. 303: Mr. PITTS. Committee on Transportation and Infra- Commerce extended for a period ending not H.R. 2385: Mr. LATOURETTE. structure. later than November 1, 2000. H.R. 2741: Mr. KENNEDY of Rhode Island and Mrs. NAPOLITANO. 10846. A letter from the Program Analyst, H.R. 4725. Referral to the Committee on H.R. 3825: Mr. SANDERS. FAA, Department of Transportation, trans- Education and the Workforce extended for a H.R. 3911: Ms. KAPTUR. mitting the Department’s final rule—Air- period ending not later than November 1, H.R. 4025: Mr. HALL of Texas. worthiness Directives; Airbus Model A330 2000. H.R. 4277: Ms. CARSON. and A340 Series Airplanes [Docket No. 99– H.R. 4857. Referral to the Committees on H.R. 4707: Mr. KENNEDY of Rhode Island and NM–379–AD; Amendment 39–11934; AD 2000– the Judiciary, Banking and Financial Serv- Mr. CAMPBELL. 21–02] (RIN: 2120–AA64) received October 31, ices, and Commerce extended for a period H.R. 4728: Mr. EHRLICH, and Mr. LAMPSON. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the ending not later than November 1, 2000. H.R. 5130. Referral to the Committee on H.R. 4770: Mr. BOSWELL. Committee on Transportation and Infra- Transportation and Infrastructure extended H.R. 5128: Ms. DELAURO. structure. for a period ending not later than November H.R. 5200: Mrs. FOWLER. 10847. A letter from the Program Analyst, 1, 2000. H.R. 5204: Mr. KENNEDY of Rhode Island and FAA, Department of Transportation, trans- H.R. 5291. Referral to the Committee on Mr. MCGOVERN. mitting the Department’s final rule—Amend- Ways and Means extended for a period ending H.R. 5274: Mr. MOLLOHAN, Mr. EVANS, and ment to Class D Airspace, Melbourne, FL not later than November 1, 2000. Ms. STABENOW. [Airspace Docket No. 00–ASO–26] received f H.R. 5342: Mr. MINGE, Mr. KIND, and Mrs. October 19, 2000, pursuant to 5 U.S.C. CHRISTENSEN. 801(a)(1)(A); to the Committee on Transpor- PUBLIC BILLS AND RESOLUTIONS H.R. 5472: Mr. HOEFFEL. tation and Infrastructure. Under clause 2 of rule XII, public H.R. 5540: Mr. NADLER and Mr. KINGSTON. 10848. A letter from the Program Analyst, bills and resolutions were introduced H. Con Res. 431: Mr. LANTOS and Mrs. CAPPS. FAA, Department of Transportation, trans- and severally referred, as follows: mitting the Department’s final rule—Modi- f By Mr. ANDREWS: fication of Class E Airspace; Bemidji, MN H.R. 5607. A bill to prohibit an insurer from Correction [Airspace Docket No. 99–AGL–53] PETITIONS, ETC. treating a veteran differently in the terms or received October 19, 2000, pursuant to 5 conditions of motor vehicle insurance be- Under clause 3 of rule XII, U.S.C. 801(a)(1)(A); to the Committee on cause a motor vehicle operated by the vet- 116. The SPEAKER presented a petition of Transportation and Infrastructure. eran, during a period of military service by the Embassy of the Republic of the Marshall 10849. A letter from the Program Analyst, the veteran, was insured or owned by the Islands, relative to Resolution No. 32 peti- FAA, Department of Transportation, trans- United States; to the Committee on Com- tioning the United States Congress to Ex- mitting the Department’s final rule—Amend- merce. press the Support of the Nitijela for the Peti- ment to Class E Airspace, Pella, IA [Airspace By Mr. CONYERS: tion on Changed Circumstances Pursuant to Docket No. 00–ACE–26] received October 19, H.R. 5608. A bill to establish alternative the Compact of Free Association between the 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the sentencing procedures for certain nonviolent Republic of the Marshall Islands and the Committee on Transportation and Infra- drug offenses; to the Committee on the Judi- United States; which was referred to the structure. ciary. Committee on Resources.

VerDate 31-OCT-2000 04:36 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A31OC7.004 pfrm02 PsN: H31PT1 E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 106th CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, TUESDAY, OCTOBER 31, 2000 No. 141 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 2:01 p.m., on the mense challenges in completing the And today we share grief at the re- expiration of the recess, and was called work of this 106th Congress. Grant the cent death of Betty Bunch, who served to order by the President pro tempore Senators a heightened sense of the dy- the Senate so faithfully for 23 years [Mr. THURMOND]. namic role that You have given each of and was strategic in implementing the them to play in the unfolding drama of Sergeant at Arms’ Postal Square facil- PRAYER American history. ity. The Chaplain, Dr. Lloyd John And Lord, the Senators would be the Most of all, we are thankful for You, Ogilvie, offered the following prayer: dear God, Sovereign of this free land, O Gracious Father, all that we have first to express gratitude for their staffs who make it possible for them to Source of all of our blessings that we and are is Your gift. Sharpen the have, and Lord of the future. Amen. memories of our hearts so that we may accomplish their work. Together we praise You for all of the people who en- have an attitude of gratitude. You have f been so faithful to help us when we able this Senate to function effec- have humbly asked that You would tively—all of those here in the Cham- give us Your guidance and strength. ber, the parliamentarians and the PLEDGE OF ALLEGIANCE May we be as quick to praise You for clerks, the staff in the Cloakrooms, the The Honorable CHARLES GRASSLEY, a what You have done in the past as we reporters of debates, and the door- Senator from the State of Iowa, led the are to ask You to bless the future. We keepers. We thank You for the Capitol Pledge of Allegiance, as follows:. have come to You in difficulties and Police, elevator operators, food service I pledge allegiance to the Flag of the crises and You have been on time and personnel, and those in environmental United States of America, and to the Repub- in time in Your interventions. Thank services. Help us to express our grati- lic for which it stands, one nation under God, You, Lord, for Your providential care tude to all of them as essential mem- indivisible, with liberty and justice for all. of this Senate as it deals with the im- bers of the Senate family.

NOTICEÐOCTOBER 23, 2000 A final issue of the Congressional Record for the 106th Congress, 2d Session, will be published on November 29, 2000, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through November 28. The final issue will be dated November 29, 2000, and will be delivered on Friday, December 1, 2000. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Records@Reporters''. Members of the House of Representatives' statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, signed manuscript. Deliver statements to the Official Reporters in Room HT±60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

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

S11383

VerDate 31-OCT-2000 01:59 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.000 pfrm01 PsN: S31PT1 S11384 CONGRESSIONAL RECORD — SENATE October 31, 2000 RECOGNITION OF THE ACTING BAUCUS, DORGAN, DURBIN, and HARKIN— PAT published his first book in 1963. MAJORITY LEADER be allowed 5 minutes each during the ‘‘Beyond the Melting Pot’’ looked at The PRESIDING OFFICER (Mr. time of morning business today. minority groups in New York City. Its SMITH of Oregon). The Senator from The PRESIDING OFFICER. Without conclusion was that the prevailing as- Iowa is recognized. objection, it is so ordered. sumption at the time was wrong, that f f assumption being that minorities assimilated into the broader American SCHEDULE RESERVATION OF LEADER TIME culture. Mr. GRASSLEY. Mr. President, for The PRESIDING OFFICER. Under PAT wrote his most recent book in the majority leader, I wish to announce the previous order, leadership time is 1998. ‘‘Secrecy, the American Experi- today’s program. reserved. ence’’ explained how secrecy in govern- The Senate will be in a period of f ment deformed American values in the 20th century. morning business until 6 p.m. with MORNING BUSINESS Senators LOTT, REID, and WELLSTONE In between, he authored 16 other in control of the time. Today the Sen- The PRESIDING OFFICER. Under books—believe it or not; 16—on sub- ate will agree by unanimous consent to the previous order, there will now be a jects that included poverty, family, the continuing resolution that funds period for the transaction of morning ethnicity, and social policy. the Government until tomorrow. business not to extend beyond the hour In 1963, with ‘‘Beyond the Melting As a reminder, cloture was filed on of 6 p.m. with Senators permitted to Pot,’’ PAT was at the cutting edge, as the bankruptcy bill yesterday, and speak therein for up to 10 minutes we were beginning to struggle more that vote will occur tomorrow morning each. honestly with the problems of minority possibly around 9:30 a.m. A vote on a Under the previous order, the time groups in this country. Thirty-five continuing resolution will also take until 4 p.m. shall be under the control years later, with the publication of place during Wednesday’s session. The of the Senator from Nevada, Mr. REID, ‘‘Secrecy, the American Experience,’’ PAT President has vetoed the important or the Senator from Minnesota, Mr. is still at the cutting edge. We are struggling to transform our legislative branch and Treasury-Postal WELLSTONE. institutions away from a culture that appropriations bills. However, negotia- Mr. WELLSTONE addressed the Chair. fought the cold war to a culture where tions will continue to try to come to a the Internet thrives. Openness and consensus to fund all Government pro- The PRESIDING OFFICER. The Sen- ator from Minnesota. transparency are valued again, and in- grams throughout the year. formation is decentralized, distributed, I thank my colleagues for their at- Mr. WELLSTONE. I will grant 5 minutes to the Senator from Montana. and widely available. tention. During those intervening three and a The PRESIDING OFFICER. The Sen- I say to the Senator from Iowa, if I half decades, PAT was always at the can get his attention, following the ator from Nevada. cutting edge in forcing us to rethink Senator from Montana, I think the Mr. REID. Mr. President, I say to my our fundamental assumptions about Senator from Iowa wants to speak. So friend from Iowa, the acting leader poverty, family, Social Security, eth- the Senator from Iowa will follow. I today, that, of course, we are very dis- nicity, and a wide range of domestic think he is going to take that time out appointed that the tremendous work and global issues. of the Republican time. done by all the participants, Repub- One area where PAT has made an licans and Democrats, Senator STE- The PRESIDING OFFICER. The Sen- enormous contribution to bettering our VENS, Senator BYRD, Senator HARKIN— ator from Montana is recognized. society—and yet is little recognized for it was a bipartisan effort—yesterday Mr. BAUCUS. I thank the Chair. I it—is public architecture. He was one morning we had an agreement on the thank my good friend from Minnesota. of the driving forces—in fact, the major very important Labor-HHS bill. As a f driving force—to renovate Pennsyl- result of the actions of the whip of the TRIBUTE TO SENATOR DANIEL vania Avenue, to complete the Navy House, TOM DELAY, that bill fell PATRICK MOYNIHAN Memorial, Pershing Park, the Ronald through. It was a terrible disappoint- Reagan Building, the restoration of Mr. BAUCUS. Mr. President, Mike ment for everybody. We hope that Union Station, and the Thurgood Mar- Mansfield, Scoop Jackson, Richard there is a way to complete action on shall Judiciary Building. these bills. Each day that goes by, I be- Russell, Russell Long, Lyndon John- We, and our descendants, who visit come less encouraged, but I hope that son, Lloyd Bentsen, Bob Dole, John our Nation’s capital will have our lives Chafee, DANIEL PATRICK MOYNIHAN, something can be worked out. enriched because of PAT MOYNIHAN’s vi- Yesterday, we had the makings of a who are these men? They were the gi- sion. very important compromise. I am dis- ants in the Senate in the quarter of a Let me conclude with a quotation appointed that it fell through. century before and after our bicenten- from PAT. In 1976, he said: ‘‘The single Mr. President, we are going into, as nial. They are the models to whom we most exciting thing you encounter in has already been announced by Senator all aspire. They are the most recent government is competence, because it’s GRASSLEY, 4 hours of morning business. generation of statesmen who helped so rare.’’ I would change that to read: On this side, we have 2 hours, or what- lead our nation to the greatness of ‘‘The single most exciting thing you ever part thereof remains from the today. encounter in government is greatness, brief statements of Senator GRASSLEY I was elected to the Senate 2 years because it’s so rare.’’ And that exciting and I. The time was basically set aside after PAT MOYNIHAN entered this body. thing, that exciting person, that great- for Senator WELLSTONE. He has another I have had the honor, the pleasure, and ness, for me, has been DANIEL PATRICK issue that he wants to speak about; the privilege of serving with PAT MOY- MOYNIHAN. namely, bankruptcy. But he graciously NIHAN for 22 years. There is no higher calling than public has consented to allowing Senators In fact, I have spent two-thirds of my service. PAT MOYNIHAN has been its em- BOXER, BAUCUS, DORGAN, DURBIN, and adult life working with PAT MOY- bodiment for half a century. HARKIN to have 5 minutes each during NIHAN—watching this intellectual We will all miss you, PAT, miss you his time. giant, listening to this scholar and vi- very much. I personally express my appreciation sionary, learning from this teacher, The PRESIDING OFFICER. The Sen- to the Senator from Minnesota for al- this social critic, this political master. ator from Iowa. lowing these Senators to speak. I again Who is PAT MOYNIHAN? University Mr. GRASSLEY. Mr. President, I say that it is too bad we are not com- professor, diplomat, Cabinet Secretary, want to make sure that the time I use pleting all of our work here today rath- fighter of poverty, social analyst, dis- now does not come out of the Democrat er than figuring out some way to get tinguished and prolific author, de- time. So it will come out of the Repub- out of town in the next few days. fender of worker rights everywhere, lican time. And the Democrat time So I would ask unanimous consent U.S. Senator, mentor, humanist, cit- should be extended beyond 4 o’clock by that those people—Senators BOXER, izen, friend. the amount of time I speak.

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.002 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11385 The PRESIDING OFFICER. That is parents have the opportunities they de- good education for their children or the understanding. serve. It does so by providing parents their grandchildren. f the opportunity to work without the Instead, we are spending our final fear of harming their children. Allow- days debating an unjust and imbal- FAMILY OPPORTUNITY ACT OF ing parents to break free from con- anced bankruptcy bill which is entirely 2000 straints that force many of them to for the benefit of big banks and the Mr. President, I rise today to talk stay impoverished is a win-win. Par- credit card companies. In one way, I about the Family Opportunity Act, S. ents who work are also taxpayers. am very sad to say this piece of legisla- 2744. Senator KENNEDY and I introduced That’s good for the government and tion is truly representative of the 106th this bill in March of this year. Rep- the economy. And, parents who work Congress. It is an anti-consumer, give- resentatives SESSIONS and WAXMAN in- are better able to provide for their fam- away-to-big-business bill, in a Congress troduced the companion bill in the ilies. That’s good for children. which has been dominated by special House of Representatives in August. It Pro-States rights. Governor interest legislation. And it is rep- is a strongly bipartisan bill. There are Huckabee from Arkansas said it best at resentative of the 106th Congress in an- 77 Senate cosponsors and 139 House co- the Senate Budget Committee hearing other way, too: It represents distorted sponsors. This bill will make life easier I chaired in July. He said: priorities. We could be doing so much to enhance and support ordinary citi- for working American parents caring The Family Opportunity Act encourages for a child with a severe disability. progress for the family and places govern- zens in our country. Instead, we now Shortly after introducing this bill, I ment on the side of the people where it have this legislation before us. worked in a bipartisan way to secure a should be. No child and no family should be I want Senators to know, if they are budget reserve fund in the budget reso- the victim of a process which conspires watching, I will, as they come to the lution. Subsequently, the Senate Budg- against the very foundational principles on floor, interrupt my remarks so others et Committee convened a hearing on which we have existed for over 200 years. can speak in opposition. We have a lot the bill. Then, in July, the President This Act will restore principled leadership of ground to cover. We intend to cover announced his support for the bill. from all of us as leaders who rightly see our that ground because this piece of legis- Logic would tell us that a bill with roles as servants of the citizens, not the lation deserves scrutiny. It should be this kind of bipartisan support would other way around. held up to the light of day so citizens stand a good chance of being approved I can’t emphasize strongly enough in this country can see what an ill- by the Congress. Unfortunately, this how important a bill like the Family made, mishandled attempt this piece of bill is not among the final, end-of-year Opportunity Act is to working families legislation is. Other Senators need to legislative packages. One likely expla- across America. Everybody wants to understand what bad legislation this is, nation is that the families who would use their talents to the fullest poten- how terrible its impact will be on be helped by this bill do not have the tial, and every parent wants to provide America’s most powerless families, and same kind of political influence and as much as possible for his or her chil- what a complete giveaway it is to clout that other powerful interest dren. The government shouldn’t get in banks, credit card companies, and groups have. Working parents are not a the way. other powerful interests. powerful voice in Washington, even If this bill is allowed to die, that This is a worse bill than the bill we though they have every legitimate would be a missed opportunity of the voted on earlier in the Senate. It is im- right to be a powerful voice in Wash- highest level. I urge my colleagues to portant for colleagues to understand ington. reconsider its status. that not only is this a worse piece of Interestingly, today the bill was dis- Winston Churchill once said: legislation, we had a provision in the cussed on the House floor by a very Never give in, never give in, never, never, bill that passed the Senate—albeit a powerful Member of the House of Rep- never, never—in nothing, great or small, flawed bill—the Kohl amendment, resentatives. The distinguished House large or petty—never give in except to con- which said that while we are punishing Member was under the impression that victions of honor and good sense. low- and moderate-income people, fam- the Family Opportunity Act is pri- Legislation to help families help ilies that have gone under because of marily a Democratic bill. In fact, the themselves make good sense. bankruptcy, in 40 percent or 50 percent Family Opportunity Act has broad bi- Mr. WELLSTONE addressed the of the cases because of medical bills, partisan support. In addition, it is Chair. you certainly don’t want to enable mil- based on strongly held Republican The PRESIDING OFFICER. The Sen- lionaires to basically buy million-dol- principles. ator from Minnesota. lar homes in several States and in that The Family Opportunity Act is, No. Mr. WELLSTONE. First of all, I way shield themselves from any liabil- 1, pro-family, No. 2, pro-work, No. 3, thank Senator GRASSLEY. I very much ity. That provision was taken out. pro-opportunity and, No. 4, pro-States appreciate his effort, with Senator That is reason enough for Senators to rights. KENNEDY. He does not give in, espe- vote against this bill. Pro-family. When you are a parent, cially when it is a matter of principle In addition, Senator SCHUMER had a your main objective is to provide for to him. I thank him for his good work. provision that said, when people are your child to the best of your ability. f breaking the law and blocking people Right now, our Federal Government from being able to go to family plan- BANKRUPTCY REFORM ACT takes this goal and turns it upside ning clinics, they should not be able to CONFERENCE REPORT down for parents of children with spe- shield themselves from legal expenses cial health care needs. In the worst Mr. WELLSTONE. Mr. President, as and other expenses by not being held cases, parents give up custody of their of today, we are scheduled to have a liable when it comes to bankruptcy. child with special health care needs or cloture vote tomorrow. It is going to be The Schumer provision was taken out. put their child in an out-of-home place- on the bankruptcy conference report. If that is not enough for Senators, ment just to keep their child’s access One would think that in the final days the way in which the majority leader to Medicaid-covered services. of this Congress—of this Senate—we has advanced this bill makes a mock- Pro-work. Federal policies today actually would be talking about debat- ery out of the legislative process. If we force these parents to choose between ing and passing legislation that would love this institution and we believe in work and their children’s health care. promote the economic security of fami- an open, public, and accountable legis- That is a terrible choice. lies in our country. lative and political process, then I Many parents of children with dis- We could focus on health security for don’t see how we can support taking a abilities refuse jobs, pay raises, and families. We could focus on raising the State Department conference report—I overtime just to preserve access to minimum wage. We could focus on af- call it the ‘‘invasion of the body Medicaid for their child with disabil- fordable child care. We could focus on snatchers’’—completely gutting that so ities. Thousands of families across the affordable housing. We could focus on there is not a word about the State De- country are caught in this Catch-22. reauthorizing the Elementary and Sec- partment any longer and, instead, put- Pro-opportunity. The Family Oppor- ondary Education Act. Thank God peo- ting in this bankruptcy bill, far worse tunity Act of 2000 was created to help ple in the country are so focused on a than the bill passed by the Senate.

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.005 pfrm01 PsN: S31PT1 S11386 CONGRESSIONAL RECORD — SENATE October 31, 2000 I see Senator DURBIN on the floor. I go after working families, and go after The labor unions all oppose this bill. can conclude in 5 minutes, if he is here low- and moderate-income people, and The consumer groups all oppose this to speak on this. go after families who are in debt be- bill. The women and children’s groups I will summarize reasons for opposing cause of a medical bill that is putting all oppose this bill. The civil rights this conference report and then come them under, then at least make sure groups all oppose this bill and the back a little later on and develop each you are not going to have wealthy many members of the religious com- of these arguments. Americans who are going to be able to munity oppose this bill. Indeed one of First, the legislation rests on faulty go to several States and buy homes the broadest coalitions I have ever seen premises. The bill addresses a crisis worth millions of dollars and shield united together opposes this so-called that does not exist. Increased filings themselves from any liability. That bankruptcy reform. are being used as an excuse to harshly provision is knocked out. I would say to my colleagues, you restrict bankruptcy protection, but the This is a worse bill than that passed can tell a lot about a person—or a filings have actually fallen sharply in in the Senate. The Schumer amend- bill—by who its friends are. But you the last 2 years. Additionally, the bill ment, again, said if people are blocking can also tell a lot about a bill by who is based on the myth that the stigma of people from family planning services, its enemies are. The radical fringe? I bankruptcy has declined. Not true. I they have broken the law; they ought see millions of working families who will develop that argument later on. not to be able to shield expenses they have nothing to gain and everything to Second, abusive filers are a tiny mi- incurred from liability when it comes lose under this legislation. nority. Bill proponents cite the need to to bankruptcy. The Schumer amend- Now, Mr. President, you have to give curb ‘‘abusive filings’’ as a reason to ment was taken out. the proponents of this bill credit for harshly restrict bankruptcy protec- Finally, I say this one more time. chutzpah: They still preach the urgent tion, but the American Bankruptcy In- This is a larger issue than bankruptcy need for this legislation despite the stitute found that only 3 percent of reform. It is a question of the funda- fact that nearly all the evidence points chapter 7 filers could have paid back mental integrity of the Senate as a leg- to the contrary. In fact, in the months more of their debt. Even bill supporters islative body. Not one provision of the since the Senate passed bankruptcy re- acknowledge that, at most, 10 to 13 per- original State Department authoriza- form, any pretense of necessity has cent of the filers are abusive. tion bill, aside from the bill number, evaporated. The number of bank- Third, the conference report falls remains part of this legislation. To re- ruptcies has fallen steadily over the heaviest on those who are most vulner- place in totality a piece of legislation past year, charge offs on credit card able. The harsh restrictions in this leg- with a wholly new and unrelated bill in debt are down significantly and delin- islation will make bankruptcy less pro- conference takes the Congress one step quencies have fallen to the lowest lev- tective, more complicated, and expen- closer to a virtual tricameral legisla- els since 1995. Now proponents and op- sive to file. This will make it much ture—House, Senate, and conference ponents agree that nearly all debtors more difficult for low- and moderate- committee. If you believe in the integ- resort to bankruptcy not to game the income citizens to have any protection. rity of this legislative process, and if system but rather as a desperate meas- Unfortunately, the means tests and you believe we all ought to be in a posi- ure of economic survival and that only safe harbor will not shield from the tion to be good legislators, you should a tiny minority of chapter 7 filers—as majority of these provisions and have vote against this cloture motion on few as 3 percent—could afford any debt been written in such a way that they those grounds alone. repayment. will capture many debtors who truly I conclude this way. Other colleagues And I have to congratulate my have no ability to significantly pay off are on the floor. I will develop these ar- friends on another point, because they this debt and therefore will be in ser- guments later on. At one point in time, had almost convinced the Congress and vitude for the rest of their lives. the argument was suggested that only the American public to view bank- Fourth of all, the bankruptcy code is a tiny minority opposed this bill. Well, ruptcy as a giant loophole for scam a critical safety net for America’s mid- when I look at the opposition of labor artists instead of a safety net. A key dle class. Low- and moderate-income unions, and I look at the opposition of part of this argument is the belief— families, especially single parent fami- every single consumer organization, wholly unsubstantiated as far as any lies, are those who are most in need to and I look at the opposition from objective observer call tell—that the make a fresh start—the fresh start pro- women and children’s groups, and I high number of bankruptcies in the vided by bankruptcy protection. The look at the strong opposition from the 1990’s is a result of a decline in the bill will make it very difficult for these civil rights community and a good part stigma of bankruptcy. In fact, my families to get out of crushing debt. of the religious community, and when I friend from Iowa said in July that Again, in 40 percent of the cases, these see letters signed by bankruptcy pro- ‘‘With high numbers of bankruptcies are families who have gone under be- fessors, the academic community, occurring at a time when Americans cause of a medical bill. judges, all the people who know this are earning more, the only logical con- Fifth of all, the banking and credit system well, who say this piece of leg- clusion is that some people are using card industry gets a free ride. The bill islation is egregious—it is one sided: it bankruptcy as a way out.’’ as drafted gives a free ride to banks is imbalanced; it is unjust; it is too With all due respect, while that has and credit card companies that deserve harsh—I realize that this piece of legis- been a common assertion on the part of much of the claim for the bankruptcy lation should be stopped. I hope that the bill’s proponents that’s all it is: an filings in the first place, and the lend- tomorrow Senators, Democrats and Re- assertion. Virtually nothing backs it ers should not be rewarded for this publicans, will oppose this on sub- up. Indeed it’s an assertion that flies in reckless lending. stantive grounds and also on the basis the face of all evidence that bank- Sixth of all, this legislation actually of the way in which this has been done. ruptcy remains a deeply embarrassing, might increase the number of bank- The way in which this has been done at difficult and humbling experience for ruptcies and defaults. Several econo- the very end of this session is an af- the vast majority of the people who mists have suggested that restricting front to the integrity of this process. file. I think my colleagues should actu- access to bankruptcy protection will No Senator should vote for cloture who ally talk to some folks who have filed actually increase the number of filings believes in an open, honest process for bankruptcy. Ask them how it felt and defaults because banks and these with real integrity. to tell their friends and family about credit card companies will be even Before I launch into my first point, what they had to do, ask them how it more willing to lend money to mar- Mr. President, I’d like to observe that felt to let down lenders to whom they ginal candidates. in July my friend from Iowa, the au- owed money. Ask them how they felt Seventh of all, the conference report, thor of this bill, referred to the opposi- about telling their employer. again, is worse than the Senate bill. We tion to this bill as the ‘‘radical fringe.’’ In fact, it’s a shame that when a had a very reasonable provision; It was Well, I’m pretty proud of the company group of my colleagues and I hosted the Kohl amendment, which said, if I’m keeping no matter now dismissive some of the debtors´ profiled in Time you are going to go after women, and my colleague. Because you know what? magazine expose of this legislation—

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.007 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11387 ‘‘Soaked by Congress’’—the bill’s pro- get on with their lives, reenter produc- cans have faced a time in their lives ponents attacked the credibility of the tive society. where they weren’t sure where the next Time article but didn’t bother to visit That’s what this debate is about. mortgage payment or credit card pay- with Charles and Lisa Trapp, or Patri- That’s exactly what’s at stake in this ment was going to come from, but cia Blake, or Diana Murray all who debate; the solvency of the middle somehow they scrape by month to came to Washington to explain—from class. month. Still, such families are on the the perspective of people who have But, Mr. President, one not-so-small edge of a precipice and any new ex- been there—what it’s like to file for footnote that overshadows this whole pense—a severely sick child, a car re- bankruptcy and why they were driven debate is the fact that the number of pair bill—could send a family into fi- by that extreme. bankruptcy filings have been dropping nancial ruin. Despite the current eco- A review of the academic papers on like a stone for the past 2 years. My nomic expansion there are far too bankruptcy suggests that the evidence colleagues are driving this heartless many working families in this situa- for a decline in the stigma of bank- bill with talk of a bankruptcy ‘‘crisis,’’ tion. That is the true story behind the ruptcy is slim. This was the conclusion a dramatic increase in the number of high number of bankruptcy filings in of a September 2000 Congressional filings, but with all due respect they recent years and I want to make clear Budget Office report entitled ‘‘Personal are trying to scare us with yesterday’s to my colleagues that the evidence Bankruptcy: A Literature Review.’’ In ghosts. A study released on September shows that the very banks and credit fact, CBO found some objective evi- 8 of last year by Professor Lawrence card companies who are pushing this dence that argues that the stigma of Ausubel of the University of Maryland bill have a lot to do with why working bankruptcy is a strong deterrent to fil- notes that the peak increase in bank- families are in this predicament today. ing noting a study that showed that ruptcy filings came and went in 1996. In The bankruptcy system is supposed while 18 percent of U.S. households fact, filings in 1998 were barely an in- to allow a person to climb back up could benefit from filing for bank- crease over 1997 and we now know that after they’ve hit bottom, to have a ruptcy, only 0.7 percent did—sug- there were 112,000 fewer bankruptcies fresh start. There is no point to con- gesting that stigma might hold some in 1999 that there were in 1998—a nearly tinue to punish a person and a family back. 10 percent decline. And the numbers so once their resources are over matched by debt. The bankruptcy system allows In the book, ‘‘the Fragile Middle far have continued the sharp decline in families to regroup, to focus resources Class’’ by Theresa Sullivan, Elizabeth 2000. Warren and Jay Westerbrook—all aca- We’re being led to believe that it’s on essentials like their home, transpor- demic bankruptcy experts—the authors the high number of bankrupts that are tation and meeting the needs of dependents. Sometimes the only way this argue that the stigma remains: driving this legislation. And do you can occur is to allow the debtor to be Bankruptcy is, in many ways, where mid- know what? They are, but for the forgiven of some debt, and in most dle class values crash into middle class fears. wrong reasons. The credit card compa- cases this is debt that would never be Bankruptcy debtors are unlikely either to nies are counting on the United States repaid because of the debtor’s financial feel in charge of their destiny or to feel con- Senate to overreact to the number of circumstances. fident about planning their future. Dis- bankruptcies, they are counting on you charging debts that were honestly incurred The sponsors of this measure and the seems the antithesis of middle-class moral- to ignore their complicity in the huge megabucks and credit card companies ity. Public identification as a bankruptcy debt burdens on most American fami- behind this bill don’t like to focus on debtor is embarrassing at best, devastating lies, the financial services industry is those situations. They paint a picture at worst. It is certainly not respectable, even counting on the Congress to overlook of profligate abuse of the bankruptcy in a country with large numbers of bank- the evidence that the bankruptcy crisis system by irresponsible debtors who ruptcies, to be bankrupt. Bankruptcy debt- is self correcting. The problem may be ors have told us of their efforts to conceal could pay their debt but simply choose abating, but they still want the fix to not to. Such people do take advantage their bankruptcy. Arguments that the stig- pad their profits. The high number of ma attached to bankruptcy has declined are of the system, there is no question. But typically made by journalists who are unable people filing for bankruptcy—most of this bill casts a wider net and catches to find any bankrupt debtors willing to be whom have terrible circumstances that more than just the bankruptcy ‘‘abus- interviewed for the record and by prosperous force them to do so—are an excuse, not ers.’’ economists who see bankruptcy as a great a justification. Again, a study done last year by the bargain. Still, regardless of how many people American Bankruptcy Institute found Of course the stigma argument isn’t file or why they file, my colleagues that only 3 percent of debtors who file new. As early as the 1920’s then Solic- continue to maintain that this bill is under chapter 7—where debtors liq- itor General of the United States driven by necessity. To do this they uidate assets to repay some debt while Thomas Thacher argued that Ameri- would track more debtors into chapter the rest of the debtor’s unsecured debt cans were all too comfortable with fil- 13 instead of chapter 7 through the use is forgiven—would actually have been ing for bankruptcy. Indeed, as David of a means test. But again, their goal able to pay more of their debt than Moss notes in a 1999 American Bank- flies in the face of the evidence. First they are required to under chapter 7. ruptcy Law Journal article, quote: of all, we know through independent Even the U.S. Justice Department ‘‘those who today worry about declin- studies of those who file for bank- found that the number of abusive ing stigma might be surprised to learn ruptcy that only about 3 percent of all claims was somewhere between 3–13 that the stigma associated with bank- debtors who file for chapter 7 could af- percent. This means that the number ruptcy had, according to some observ- ford to pay any of their debts and that of people filing abusive bankruptcy ers, already disappeared by 1967.’’ in 95 percent of chapter 7 filings there claims is astonishingly low. But this Of course there are other very logical were no meaningful assets to be liq- legislation seeks to channel many explanations of why the filing rate in uidated to pay back creditors. This is more debtors into chapter 13 bank- the 90’s is quite high—they just aren’t in line with other evidence that nearly ruptcy—where the debtor enters a 3–5 as convenient for the big banks and all debtors file for bankruptcy do so be- year repayment plan and very little credit card industry. cause of some sudden, drastic economic debt is forgiven. Yet in the pursuit of Mr. President, we know why people disruption which it often takes years the few, this bill imposes onerous con- file for bankruptcy. Bankruptcy is the to recover from. ditions, and ridiculous standards on all only solution for families who find Bankruptcy does not occur in vacu- bankrupts alike. Additionally, under their debt and the interest on their um. We know that in the vast majority current law, 67 percent of the debtors debt outstrips their income. The ques- of cases it is a drastic step taken by in chapter 13 fail to complete their re- tion is, why do families find themselves families in desperate financial cir- payment plan often because they did in those circumstances? And when they cumstances and overburdened by debt. not get enough relief from loans, and do, what do we as a society do to keep The main income earner may have lost because economic difficulties contin- those families solvent. Or if we don’t his or her job. There may be sudden ill- ued. So this legislation would take in- help them to remain solvent, how do ness or a terrible accident requiring dividuals, the majority of whom des- we at least let them pick up the pieces, medical care. Certainly most Ameri- perately need a true fresh start, and

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.002 pfrm01 PsN: S31PT1 S11388 CONGRESSIONAL RECORD — SENATE October 31, 2000 force them into a bankruptcy process these families don’t have million dollar Trapp should not have left her job, and which two-thirds of debtors already fail lobbyists representing them before that the Trapps should have tried to to complete successfully. And my col- Congress. They don’t give hundreds of pay their debts in chapter 13. They also leagues call this reform? thousands of dollars in soft money to would not have been protected by the And yet when given the opportunity the Democratic and Republican par- safe harbor. The Trapps would have to target real, proven abuses by ties. They don’t spend their days hang- had to pay their attorney to defend wealthy deadbeats and scofflaws, the ing outside the Senate Chamber wait- such motions and if they could not sponsors took a pass. Again, Mr. Presi- ing to bend a members ear. Unfortu- have afforded the thousand dollars or dent, the very small number of abusive nately it looks like the industry got to more that this would have cost, their filers are an excuse not a justification us first. case would have been dismissed and for this bill that falls most heavily on They may have lost a job, they may they would have received no bank- those most in need of fresh start relief. be struggling with a divorce, maybe ruptcy relief. If they prevailed on the This conference report does not match there are unexpected medical bills. But motion, it is very unlikely they could it’s rhetoric. you know what? They’re busy trying to recover attorney’s fees from a creditor HOW THE BILL HARMS THE VULNERABLE turn their lives around. And I think it’s who brought the motion, since recov- Mr. President, I want to take some shameful that at the same time this ery of fees is permitted only if the time to talk about the effect this bill story is unfolding for a million families creditor’s motion was frivolous and will have on low- and middle-class across America, Congress is poised to could not arguably be supported by any debtors. Remember, nearly all debtors make it harder for them to turn it reasonable interpretation of the law (a file for bankruptcy are not wealthy around. Who do we represent? much weaker standard than the origi- scofflaws, but rather are people in des- So Mr. President, I’d like to take a nal Senate bill). Because the means perate economic circumstances who few minutes to explain exactly what test is so vague and ambiguous, any file as a last resort to try and rebuild the effects of this bill will be on real creditor could argue that it was simply their finances, and, in many cases, end life debtors—the folks profiled in the making a good faith attempt to apply harassment by their creditors. And in Time article. I hope the authors of the the means test, which after all created particular I want to remind my col- bill will come to the floor to debate on a presumption of abuse. leagues of the May 15, 2000, issue of these points. There could be the oppor- Of course, young Annelise Trapp’s medical problems continue and are Time magazine whose cover story on tunity for some real discussion on an only getting worse. Under current law, this so-called bankruptcy reform legis- issue that has yet to be addressed by if the Trapps again amass medical and lation was entitled ‘‘Soaked by Con- the bill’s supporters. Specifically, I other debts they can’t pay, they could gress.’’ challenge them to come to the floor seek refuge in chapter 13, where they The article, written by reporters Dan and explain to their colleagues how would be required to pay all that they Bartlett and Jim Steele, is a detailed making bankruptcy relief harder and could afford. Under the new bill, the look at the true picture of who files for much more costly to achieve will ben- Trapps could not file a chapter 13 case bankruptcy in America. You will find efit working families. for five years. Even then, their pay- CHARLES AND LINDA TRAPP it far different from the skewed version ments would be determined by the IRS Charles and Linda Trapp were forced being used to justify this legislation. expense standards and they would have into bankruptcy by medical problems. The article carefully documents how to stay in their plan for 5 years, rather Their daughter’s medical treatment low and middle income families—in- than the 3 years required to current creasingly households headed by single left them with medical debts well over law. The time for filing a new chapter women—will be denied the opportunity $100,000, as well as a number of credit 7 would also be increased by the bill of a fresh start if this punitive legisla- card debts. Because of her daughter’s from 6 years to 8 years. degenerative condition, Ms. Trapp had tion is enacted. As Brady Williamson, LUCY GARCIA the chairman of the National Bank- to leave her job as a letter carrier Lucy Garcia was on the verge of evic- ruptcy Review Commission, notes in about 2 months before the bankruptcy tion from her apartment when she the article, the bankruptcy bill would case was filed to manage her daugh- went to her bankruptcy attorney. As condemn many working families to ter’s care. Before she left her job, the described in Time, after she separated ‘‘what essentially is a life term in debt- family’s annual income was about from her husband, it was difficult to or’s prison.’’ $83,000, or about $6,900 per month, so make ends meet and she fell behind on Now proponents of this legislation under the bill, close to that amount, her rent. When she filed her bank- has tried to refute the Time magazine about $6,200, the average monthly in- ruptcy case, the automatic stay pre- article. Indeed during these final days come for the previous 6 months, would vented her eviction temporarily. In of debate you will hear the bill’s sup- be deemed to be their current monthly that time, she received her tax refund porters claim that low and moderate income, even though their gross and was able to catch up in her rent income debtors will be unaffected by monthly income at the time of filing and thus prevent the eviction. Under this legislation. But colleagues, if you was only $4,800. Based on this fictitious the bill now before the Senate, Ms. listen carefully to their statements deemed income, the Trapps would have Garcia and her two children would you will hear that they only claim that been presumed to be abusing the Bank- have become homeless, because there such debtors will not be affected by the ruptcy Code, since their allowed ex- would have been no automatic stay of bill’s means tests. Not only is that penses under the IRS guidelines and se- their eviction. claim demonstratably false—the means cured debt payments amounted to Depending on how the means test is test and the safe harbor have been $5,339. The difference of about $850 per interpreted (and there are numerous written in a way that will capture month would have been deemed avail- ambiguities that will lead to wide- many working families who are filing able to pay unsecured debts and was spread litigation that most consumer for chapter 7 relief in good faith—but it over the $167 per month triggering a debtors cannot afford), Ms. Garcia ignores the vast majority of this legis- presumption of abuse. The Trapps might not even be allowed to file a lation which will impose needless hur- would have had to submit detailed doc- chapter 7 case under the bill. For food, dles and punitive costs on all families umentation to rebut this presumption, clothing, housekeeping supplies, per- who file for bankruptcy regardless of trying to show that their income sonal care items and services, and mis- their income. Nor does the safe harbor should be adjusted downward because cellaneous she would be allowed to apply to any of these provisions. of special circumstances and that there spend $863 per month and she actually Now, you might ask why the Con- was no reasonable alternative to Ms. spends $1,191. The deemed surplus of gress has chosen to come down so hard Trapp leaving her job. $328 multiplied by 60 is more than $6,000 on ordinary working folk down on their Because their current monthly in- and more than 25 percent of her debt luck. How is it that this bill is so come, although fictitious, was over the and therefore her case could be deemed skewed against their interest and in median income, the family would have an abuse of chapter 7. favor of big banks and credit card com- been subject to motions for abuse filed The IRS budget used by the means panies? Well, maybe that’s because by creditors, who might argue that Ms. test only allows $4.93 a day for food per

VerDate 31-OCT-2000 02:08 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.005 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11389 person. No one could properly feed a after his wife passed away and he him- have the money to pay her bankruptcy child for $4.93, a day let alone an adult, self was hospitalized he was unable to attorney and had to get it from rel- especially in New York City where Ms. make all these payments and his chap- atives. With the increased costs for pa- Garcia lives. The food budget for three ter 13 plan failed. Had Delaware had a perwork, obtaining tax records and people like Lucy’s family with gross in- reasonable homestead exemption, and taking a credit education course, it is come of $2,600 a month is $444 per had Mr. Smith been able to simply file not clear that Ms. Bowen would even month according to the IRS website. a chapter 7 case to eliminate his other have been able to afford bankruptcy re- The amount allowed for food for lower debts, he might have been able to save lief. Her debt problems stemmed from a income families is even less, as low as his home. disability that caused her to be unable $3.02 a day per person. under the bill, Mr. Smith’s financial deterioration to work at her job, reducing her in- the trustees in all cases will be re- was caused by unavoidable medical come to $800 per month for herself and quired to use the means test even if the problems. Before he thought about her 11-year-old daughter. Thus, her sit- debtor’s income is under the national bankruptcy he went to consumer credit uation was not a result of misman- median as in this case. (Apparently, counseling to try to deal with his aging her credit, and a credit education the credit industry is trying to confuse debts. However, it appears that he went course would not have prevented it. Senators by confusing two different to consumer credit counseling just over Nonetheless, unless she could find the sections of the bill. Credit card lobby- 180 days before the case was filed, and money to pay for such a course, she ists mislead by telling Senators the he did not receive a briefing, so the could get no bankruptcy relief under means test does not apply if the in- new bill would have required him to go the bill. come is below the median income in a again. This would have been very dif- CHAPTER 13 MADE UNWORKABLE case like Ms. Garcia’s. This is false. ficult, considering his medical prob- Mr. President, I want to talk for a The language of the bill says creditors lems. In fact, his attorney, dem- moment about cross purposes in this cannot challenge cases if the income is onstrating dedication to clients that bankruptcy measure because it high- below the median, but under the sec- sharply contrasts with the creditor lights a fundamental reality about this tion about trustee duties the trustee propaganda picture of bankruptcy law- legislation: it has become larded up must apply the means test whether the yers just out to make a buck, made with special interest provisions which creditor challenges the case or not.) several home visits to Mr. Smith and not only hurt middle class consumers Ms. Garcia barely had the money to his wife, who was a double amputee. but also completely undermine the os- pay her attorney when she filed her The new bill would also have required tensible purpose of the legislation: to bankruptcy case. She still barely has a great deal of additional time and ex- track more debtors into chapter 13 enough to meet expenses. She certainly pense for Mr. Smith and his attorney, where they repay their creditors. would not have had the funds to defend through new paperwork requirements Now, again, to repeat what I’ve stat- against a motion filed under the means and a requirement that he attend a ed earlier, I think this is a question- test. She would not have been able to credit education course. Such a course able premise to begin with. After all, afford the additional filing fees in the would have done nothing to prevent under current law—where debtors are bill, combined with the additional at- the enormous medical problems suf- allowed to choose which chapter of the torney’s fees that the bill will cause fered by Mr. Smith and his wife. He did code to file under—67 percent of the due to the substantial additional pa- not get in financial trouble through debtors in chapter 13 fail to complete perwork requirements. failure to manage his money. He is 73 their repayment plan often because Because she did not have all of the years old and had never before had debt they did not get enough relief from bills she had received in the last 90 problems. The bill makes no exceptions loans, and because economic difficul- days before bankruptcy, her attorney for people who cannot attend the ties continued. So this legislation would have had to spend significant course due to exigent circumstances, so would take individuals, the majority of time trying to determine the addresses Mr. Smith might never have been able whom desperately need a true ‘‘fresh at which creditors might ‘‘wish to re- to get any relief in bankruptcy under star’’, and force them into a bank- ceive correspondence’’ as required by the new law. ruptcy process which 2⁄3 of debtors al- the bill, and might not have been able Under the new bill, Mr. Smith would ready fail to complete successfully. to give notice to some creditors that also have had to give up his television And this is what my colleagues call re- would be deemed ‘‘effective’’ under the and VCR to Sears, which claimed a se- form. bill. These creditors would then be free curity interest in the items. Under the But I say to my colleagues, this leg- to continue to harass Ms. Garcia even bill, he would not be permitted to re- islation will make chapter 13 unwork- after she filed her bankruptcy petition. tain possession of these items in chap- able for many more debtors and will Ms. Garcia would also have been re- ter 7 unless he reaffirms the debt or re- likely reduce the number of chapter 13 quired to give up her television in deemed the items. Sears may demand cases. In fact, the U.S. Trustees have which Sears claimed a security inter- reaffirmation of its entire $3,000 debt estimated that one piece of this bill est, since there was no room in her under the bill, and to redeem Mr. alone—the restriction on ‘‘cramdown’’ budget for payments to redeem (with Smith would have to pay their retail will reduce the number of chapter 13 payment of the retail value required by value. After his wife died and her in- cases by 20 percent. the bill) or reaffirm the debt. With two come was gone, Mr. Smith did not have How would this happen? Well, children, ages 6 and 9, loss of her tele- the money to pay these amounts to ‘‘cramdown’’ refers to how certain se- vision would have been a real hardship. Sears. Since he is largely homebound, cured debt—like an auto loan—is val- ALLEN SMITH loss of these items would have been ued during bankruptcy. Remember, se- Allen Smith is a resident of Dela- devastating. cured debt is made up of loans that are ware, which has no homestead exemp- Sadly, Mr. Smith’s medical problems attached to some physical property the tion. In other words, he cannot shield continue. Under current law, if he lender can repossess, such as a car. his home from his creditors. Ironically, again amasses medical and other debts Under current law, if a debtors owes under this bill, wealthy scofflaws can he can’t pay, he could seek refuge in more on a car than it is worth, the shield multimillion dollar mansions chapter 13, where he would be required amount she must repay to keep her car from their creditors with a little plan- to pay all that he can afford. Under the is equal to the current value of the car ning, but not Mr. Smith. As a result new bill, Mr, Smith cannot file a chap- not the amount of the loan left unpaid. when the tragic medical problems deter 13 case for 5 years (until he is 78 This is fair to the lender because it en- scribed in the Time article befell his years old). The time for filing a new sures that the lender gets repaid the family, he could not file a chapter 7 chapter 7 has also been increased, from same amount that it would get if it re- case without losing his home. Instead 6 years to 8 years. possessed and sold the vehicle. The rest he filed a chapter 13 case, which re- MAXEAN BOWEN of the loan doesn’t just go away, but it quired substantial payments in addi- Maxean Bowen’s case shows how gets classified as unsecured debt—like tion to his regular mortgage payments every single bankruptcy debtor would credit card debt—which is less likely to for him to save his home. Ultimately, be impacted by the bill. She didn’t be repaid.

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.007 pfrm01 PsN: S31PT1 S11390 CONGRESSIONAL RECORD — SENATE October 31, 2000 But under this conference agreement, I say to my colleagues, this cuts to over 30 million Americans without the debtor must pay back the full value the heart of this entire debate. I hope health insurance are especially vulner- of the loan to keep her car. This will the banks and credit unions that have able. But a serious accident or illness force debtors to pay more debt in chap- been tricked into supporting this legis- may disable—at least for a time—the ter 13 cases, will cause more chapter 13 lation ask some hard questions of their primary wage earner in the household. debtors to lose their cars—and jeop- lobbyists here in Washington: why are Even if it isn’t the person who draws ardize their ability to get to their job. you asking me to support this bill the income, a parent may have to take Does it make sense to make chapter 13 when it will result in fewer chapter 13 significant time to care for a sick or harder to complete if 2⁄3 of the cases repayment plans that allow me to col- disabled child. Or a son or daughter fail already? In addition, the ability to lect what I’m rightfully owed? Indeed may need to care for an elderly parent. cramdown debt is one of the major at- the chief economist of the Credit Union This means a loss in income. It means tractions of filing under chapter 13, so National Association, Bill Hampel, now more debt and the inability to pay that the effect of this provision of the bill believes that the proposed changes to debt. will be to discourage debtors from fil- the Bankruptcy Code will not result in Are people overwhelmed with med- ing chapter 13—the exact opposite of increased loan recoveries for credit ical debt or sidelines by an illness, the supposed purpose of the bill. unions. deadbeats? This bill assumes they are. But wait, the authors didn’t stop Where are the savings to consumers For example, it would force them into there at making chapter 13 harder. in this bill, Mr. President? Supporters credit counseling before they could This bill will require many more debt- are running around claiming billions in file—as if a serious illness or disability ors to file 5-year chapter 13 plans in- dollars will be saved under this bill. is something that can be counseled stead of 3-year plans. This extends the Well, if fewer people are filing for chap- away. time in which debtors must have ter 13, and those that do file will be Women single filers are now the larg- steady income and increases the more likely to drop out, where are the est group in bankruptcy, and are one amount of debt they must pay—signifi- savings? I hope the sponsors come to third of all filers. They are also the cant and unworkable requirements for the floor to answer this question. fastest growing. Since 1981, the number chapter 13 relief. This conference re- I think there could be two answers of women filing alone increased by port will also force chapter 13 debtors Mr. President. The first answer is that more than 700 percent. A woman single to abide by strict IRS standards of there will be no increased repayments parent has a 500 percent greater likeli- ‘‘disposable income’’ which can dis- under this bill. That there will be no hood of filing for bankruptcy than the allow abnormally high housing or lowering of the cost of credit for con- population generally. Single women transportation costs. sumers. with children often earn far less than Mr. President, all of these provisions But the second answer is even more single men aside for the difficulties and will make chapter 13 less attractive troubling, because I think the truth is, costs of raising children alone. Divorce and harder to complete. As I said, the Mr. President, that the only way this is also a major factor in bankruptcy. U.S. Trustees believe that the bill could result in increased payments Income drops, women, again, are espe- cramdown provisions alone will lower to creditors is that it will deny many cially hard hit. They may not have the number of chapter 13 cases by 20 debtors from filing for bankruptcy al- worked prior to the divorce, and now percent. But the added impact of these together. Fresh starts will be too cost- have custody of the children. other hurdles could well make chapter ly and prohibitively difficult for many Are single women with children dead- 13 cases impossible to complete for under this bill so lives will be ruined, beats? This bill assumes they are. The many debtors. Remember, 67 percent wages will be garnished, homes will be new nondischargeability of credit card already fail to complete such plans. lost, and cars will be repossessed. I debt will hit hard those women who use All of this raises a fundamental ques- mean we all know there aren’t many the cards to tide them over after a dition for the supporters of this legisla- assets out there to be seized, but I vorce until their income stabilizes. And tion: If you want more debtors to pay guess the theory is that if you squeeze the safe harbor in the conference re- more of their debt back, why are you enough stones you will eventually get port which proponents argue will shield making it harder for them to do so? some blood. But the cost will be in- low and moderate income debtors from The reality, Mr. President is that be- creased misery, the cost will be more the means test will not benefit many tween the means test barring relief economic devastation for those who are single mothers who need help the most under chapter 7 and the new restric- already devastated. because it is based on the combined in- tions and burdens making chapter 13 BANKRUPTCY IS A SAFETY NET FOR THE MIDDLE come of the debtor and the debtor’s less workable, the legislation may well CLASS spouse, even if they are separated, the force thousands of debtors from gain- The proponents of this bill argue that spouse is not filing for bankruptcy, and ing any relief under either chapter of people file because they want to get the spouse is providing no support for the code. Such debtors will find them- out of their obligations, because the debtor and her children. In other selves in bankruptcy purgatory—they they’re untrustworthy, because they’re words, a single mother who is being de- will have to either lower their income dishonest, because there is no stigma prived of needed support from a well- (or borrow more money) so that they in filing for bankruptcy. off spouse is further harmed by this can qualify for chapter 7 or be denied a But any look at the data tells you bill, which will deem the full income of fresh start altogether and be left at the otherwise. We know that in the vast that spouse available to pay debts for mercy of their creditors. Many such majority of cases it is a drastic step determination of whether the safe har- people might very well have filed chap- taken by families in desperate finan- bor and means test applies. ter 13 cases under current law. cial circumstances and overburdened Mr. President, you will hear my col- But don’t just take my word for it by debt. The main income earner may leagues talk about high economic colleagues. In a July 12 ‘‘Dear Col- have lost his or her job. There may be growth and low unemployment and league’’ letter the author of the Senate sudden illness or a terrible accident re- wonder how so many people could be in bill admits that. The attachment to quiring medical care. circumstances that would require them the letter states: ‘‘the proposed bills Specifically we know that nearly half to file for bankruptcy. Well, the rosy will result in fewer chapter 13s.’’ What of all debtors report that high medical statistics mask what has been modest does all of this add up to, Mr. Presi- costs forced them into bankruptcy— real wage growth at the same time the dent? Exactly this: on one hand, you this is an especially serious problem debt burden on many families has sky- have the bill’s supporters claiming that for the elderly. But when you think rocketed. At it also masks what has this will cause more debtors to file about it, a medical crisis can be a dou- been real pain as certain industries and under chapter 13 and result in greater ble financial whammy for any family. certain communities as the economies repayment of creditors, and on the First there are the high costs associ- restructure. Even temporary job loss other you have a letter from the au- ated with treatment of serious health may be enough to overwhelm a family thor of the legislation saying precisely problem. Costs that may not be fully that carries significant loans and often the opposite. covered by insurance, and certainly the the reality is that a new job may be at

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.009 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11391 a lower wage level—making a pre- go to the bankruptcy courts, declare them- But instead, we declare war on Amer- viously manageable debt burden un- selves failures, and save their future income ica’s working families with this bill. workable. for their mortgage and their groceries. What is clear is that this bill will be So what does this bill do to keep peo- I say to my colleagues, there may be the death of a thousand cuts for all many different standards that different ple who undergo these wrenching expe- debtors regardless of whether the members have for bringing legislation riences out of bankruptcy? Nothing. means test applies. There are numer- to the floor of the United States Sen- Zero. Tough luck. In stead, this con- ous provisions in the bankruptcy re- ate. We come from different back- ference report just makes the fresh form bill designed to raise the cost of grounds, we come from different states, start of bankruptcy harder to achieve. bankruptcy, to delay its protection, to we have different philosophies about reduce the opportunity for a fresh But this doesn’t change anyone cir- the role of government in society. We cumstances, this doesn’t change the start. But rather than falling the have differing priorities. But for God’s heaviest on the supposed rash of fact that these folks no longer earn sake, there should be one principle that enough to sustain their debt. Mr. Presi- wealthy abusers of the code, they will all of us can get behind and that is that fall hardest on low- and middle-income dent, there is not one thing in this so we should do no harm here in our work called bankruptcy reform bill that families who desperately need the safe- to America’s working families. ty net of bankruptcy. would promote economic security in That’s what at stake here. This is a working families. It is sham reform. debate about priorities. This is a de- LENDERS SHOULD BE HELD RESPONSIBLE When you push the rhetoric aside, bate about what side you’re on. This is You know, a lot of folks must be one thing becomes clear: The bank- a debate about who you stand with. watching the progress of this bankruptcy system is a critical safety net Will you stand with the big banks and ruptcy bill over the course of this year for working families in this country. It the credit card companies or will you with awe and envy. Can my colleagues is a difficult demoralizing process, but stand with working families, with sen- name one other bill that the leadership for nearly all who decided to file, it iors, with single women with children, has worked so hard and with such de- means the difference between a finan- with African-Americans and Hispanics. termination to move by any and all cial disaster being temporary or per- But I would say to my colleagues on means necessary? Certainly not an in- manent. The repercussions of tearing the floor of the U.S. Senate today that crease in the minimum wage. Certainly that safety net asunder will be tremen- this is not a debate about winners and not a meaningful prescription drug dous, but the authors of the bill remain losers. Because we all lose if we erode benefit for seniors, certainly not the deaf to the chorus of protest and indig- the middle class in this country. We all reauthorization of the Elementary and nation that is beginning to swell as or- lose if we take away some of the crit- Secondary Education Act. On many dinary Americans and Members of Con- ical underpinnings that shore up our issues, on most issues, this has been a gress begin to understand that bank- working families. Sure, in the short do nothing Congress. But on so-called rupt Americans are much like them- run big banks and credit card compa- bankruptcy reform, the Senate and selves—are exactly like themselves— nies may pad their profits, but in the House leadership can’t seem to do and that they are only one layoff, one long run our families will be less se- enough. One can only wonder what we could medical bill, one predatory loan away cure, our entrepreneurs will become have accomplished for working fami- from joining the ranks. more risk adverse and less entrepre- lies if the leadership had the same de- For the debtor and his family the neurial. How so? Well this is how a Georgia termination on other issues. benefit of bankruptcy—despite the em- Unfortunately those other issues did barrassment, despite the humiliation Congressman described the issue in 1841: have the financial services industry be- of acknowledging financial failure—is hind it. And you have to give them obvious, to get out from crushing debt, Many of those who become a victim to the reverses are among the most high-spirited credit—no pun intended—over the past to be able to once again attempt to live couple of years they have played the within ones means, to concentrate ones and liberal-minded men of the country—men who build up your cities, sustain your benev- Congress like a violin. And what do income on clear priorities such as food, olent institutions, open up new avenues to you know, here we are trying to ram housing and transportation. But it is trade, and pour into channels before unfilled through this bankruptcy bill in the also the fundamental principles of a the tide of capital. 11th hour as the 106th Congress draws just society to ensure that financial Mr. President, this is still true today. to a close. mistakes or unexpected circumstances This isn’t a debate about reducing In reading the consumer credit indus- do not mean banishment forever from the high number of bankruptcies. No try’s propaganda you’d think the story productive society. way will this legislation do that. In- of bankruptcy in America is one of Mr. President, the fresh start that is deed, by rewarding the reckless lending large numbers of irresponsible, high in- under attack here in the Senate today that got us here in the first place we come borrowers and their conniving at- is nothing less than a critical safety will see more consumers over burdened torney using the law to take advantage net that protects America’s working with debt. of naive and overly trusting lenders. families. As Sullivan Warren and No, this is a debate about punishing As it turns out, that picture of debt- Westbrook put it in ‘‘The Fragile Mid- failure. Whether self inflicted or un- ors is almost completely inaccurate. dle Class’’: controlled and unexpected. This is a de- The number of bankruptcies has fallen Bankruptcy is a handhold for middle class bate about punishing failure. And if steadily over the past months, charge debtors on the way down. These families there is one thing that this country has offs (defaults on credit cards) are down have suffered economic dislocation, but the learned, punishing failure doesn’t and delinquencies have fallen to the ones that file for bankruptcy have not given work. You need to correct mistakes, lowest levels since 1995, and now all up. They have not uprooted their families prevent abuse. But you also lead to lift sides agree that nearly all debtors re- and drifted from town to town in search of people up when they’ve stumbled, not work. They have not gone to the under- sort to bankruptcy not to game the ground economy, working for cash and say- beat them down. system but rather as a desperate meas- ing off the books. Instead, these are middle Of course, what the Congress is ure of economic survival. class people fighting to stay where they are, poised to do here with this bill is even It also turns out that the innocence trying to find a way to cope with their de- worse within the context of this Con- of lenders in the admittedly still high clining economic fortunes. Most have come gress. This is a Congress that has failed numbers of bankruptcies has also to realize that their incomes will never be to address skyrocketing drug costs for been—to be charitable—overstated. the same as they once were. As their com- seniors, this is a Congress that has As high cost debt, credit cards, retail ments show, they realize they can live on failed to enact a Patients’ Bill of charge cards, and financing plans for $30,000 or $20,000 or even $10,000. But they Rights much less give all Americans consumer goods have skyrocketed in cannot do that and meet the obligations that they ran up while they were making much access to affordable health care. This is recent years, so have the number of more. When put to a choice between paying a Congress that does not invest in edu- bankruptcy filings. As the consumer credit card debt and mortgage debt, between cation, that does not invest in afford- credit industry has begun to aggres- dealing with a dunning notice from Sears able child care. This is a Congress that sively court the poor and the vulner- and putting groceries on the table, they will has yet to raise the minimum wage. able, bankruptcies have risen. Credit

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.012 pfrm01 PsN: S31PT1 S11392 CONGRESSIONAL RECORD — SENATE October 31, 2000 card companies brazenly dangle lit- [Many] attribute the sharp rise in con- In October, 1998, the Department of erally billions of card offers to high sumer debt—and the corresponding rise in Justice brought an antitrust suit debt families every year. They encour- consumer bankruptcy—to lowered credit against VISA and Mastercard, the two age card holders to make low payments standards, with credit card issuers aggres- largest credit card associations, charg- toward their card balances, guaran- sively pursuing families already carrying extraordinary debt burdens on incomes too low ing them with illegal collusion that re- teeing that a few hundred dollars in to make more than minimum repayments. duced competition and made credit clothing or food will take years to pay The extraordinary profitability of consumer cards more expensive for borrowers. off. The lengths that companies go to debt repaid over time has attracted lenders Now Mr. President, this is just a few keep their customers in debt is ridicu- to the increasingly high-risk-high-profit examples, I could go on and on. At a lous. business of consumer lending in a saturated minimum, these illegal and unscrupu- So Mr. President, in the interest of market, making the link between the rise in lous practices rob honest creditors who full disclosure—something that the in- credit card debt and the rise in consumer play by the rules of repayment. And bankruptcy unmistakable. dustry itself isn’t very good at—I’d like the cost to debtors and other creditors my colleagues to be aware of what the So in other words colleagues, those alike are tremendous. consumer credit industry is practicing folks who may have come into your of- But other practices aren’t illegal, even as it preaches the sermon of re- fice this year or last year talking merely unsavory. sponsible borrowing. After all, debt in- about how they needed protection from For example, credit card companies volves a borrower and a lender; poor customers walked away from debts, perpetuate high interest indebtedness choices or irresponsible behavior by ei- who thought Congress should mandate by requiring low minimum payments ther party can make the transaction go credit counseling—to promote respon- and in some cases canceling the cards sour. sible money management—as a re- of customers who pay off their balance So how responsible has the industry quirement for seeking bankruptcy pro- every month. Using a typical minimum been? Well I suppose that it depends on tection, who argued that reform of the monthly payment rate on a credit card, how you look at it. On the one hand, bankruptcy code is needed because of it would take 34 years to pay off a consumer lending is terrifically profit- decline in the stigma of bankruptcy $2,500 loan, and total payments would able, with high-cost credit card lending have been pouring gasoline on the exceed 300 percent of their original the most profitable of all (except per- flames the whole time. Of course, in principal. A recent move by credit card haps for even higher costs credit like the end, if his bill passes, it’s working industries to make the minimum payday loans). So I guess by the stand- families who get burned. ard of responsibility to the bottom line monthly payment only 2 percent of the But guess what? It gets even worse, balance rather than 4 percent—further they’ve done a good job. because the consumer finance industry On the other hand if you define re- exacerbates the problems of some isn’t just reckless in its lending habits, sponsibility as promoting fiscal health uneducated debtors. big name lenders all too often break or among families, educating on judicious Lenders routinely offer low ‘‘teaser’’ use of credit, ensuring that borrowers skirt the law in both marketing and interest rates which expire in as little do not go beyond their means, then it’s collecting. as 2 months and engage in ‘‘risk-based’’ For example: hard to imagine how the financial serv- pricing which allows them to raise In June of this year the Office of the ices industry could be bigger dead credit card interest rates based on Comptroller of the Currency reached a beats. credit changes unrelated to the bor- According to the Office of the Comp- settlement with Providian Financial rower’s account. Many credit card con- troller of Currency, the amount of re- Corporation in which Providian agreed tracts now contain binding arbitration volving credit outstanding—that is, the to pay at least $300 million to its cus- clauses—buried in the fine print of con- amount of open-ended credit (like cred- tomers to compensate them for using tracts which are often not even in- it cards) being extended—increased deceptive marketing tactics. Among cluded with pre-approved card offers— seven times during 1980 and 1995. And these were baiting customers with ‘‘no that cut off the borrowers ability to between 1993 and 1997, during the sharp- annual fees’’ but then charging an an- seek redress in the courts in the case of est increases in the bankruptcy filings, nual fee unless the customer accepted a dispute. the amount of credit card debt doubled. the $156 credit protection program Even more ironic: at the same time Doesn’t sound like lenders were too (coverage which was itself deceptively that the consumer credit industry is concerned about the high number of marketed). The company also mis- pushing a bankruptcy bill that requires bankruptcies—at least it didn’t stop represented the savings their cus- credit counseling for debtors, the Con- them from pushing high-cost credit tomers would get from transferring ac- sumer Federation of America found like Halloween candy. count balances from another card. that many prominent creditors have Indeed, what do credit card compa- In 1999, Sears, Roebuck & Co. paid slashed the portion of debt repayments nies do in response to ‘‘danger signals’’ $498 million in settlement damages and they shared with credit counseling from a customer that they may be in $60 million in fines for illegally coerc- agencies—in some cases by more than over their head. According to ‘‘The ing reaffirmations—agreements with half. This may force some agencies to Fragile Middle Class,’’ an in depth borrowers to repay debt—from its card- cut programs and serve fewer debtors. study of who files for bankruptcy and holders. But apparently this is just the At the same time, the industry has why, the company’s reaction isn’t what cost of doing business: Bankruptcy stopped the practice of eliminating or you’d think. judges in California, Vermont, and New significantly reducing the interest Many credit card issuers respond to a cus- York have claimed that Sears is still rates charged on debts being repaid tomer who is exceeding his or her credit up to its old strong arm tactics, but is with the help of a counseling agency limit by charging a fee—and raising their now using legal loopholes to avoid dis- making counseling less likely to suc- credit limit. The practice of charging default closure. Now colleagues, Sears is a ceed. rates of interest, which often run into the 20 to 30 percent range, makes customers who creditor in one third of all personal Mr. President, let me repeat myself give the clearest signs of trouble—missing bankruptcies. And by the way, this leg- in case my colleagues somehow missed payments—among the most profitable for islation contains provisions that would the blatant hypocrisy of what’s going the issuers. have protected Sears from paying back on here: The big banks and credit card That may sound stupid to you and any monies that customers were companies are pushing to rig the sys- me colleagues, but it gets more bizarre: tricked into paying under these plans. tem so that you cannot file for bank- Banks actively solicit debtors for new This July, North American Capital ruptcy unless you perform credit coun- credit after they file for bankruptcy— Corp., a subsidiary of GE, agreed to pay seling at the same time that they are this way, the company knows this cus- a $250,000 fine to settle charges brought jeopardizing the health the credit tomer will take on debt, but will not be by the Federal Trade Commission that counseling industry and making it sig- legally able to seek another bank- the company had violated the Fair nificantly more costly for debtors. ruptcy discharge for another 6 years. Debt Collection Practices Act by lying That’s pretty brazen, but as my col- As ‘‘The Fragile Middle Class’’ goes to and harassing customers during colleagues will hear over and over in this on to state: lections. debate, this isn’t just an industry that

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.014 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11393 wants to have it both ways, it wants to sis’’ is over and it ended without Con- ance. Lenders felt so protected by the have it several different ways. gress passing legislation. Ironically, it new bankruptcy law that they eventu- Of course these are mild abuses com- probably ended because Congress didn’t ally through caution to the wind and pared to predatory lending. Schemes act. The bean counters in the consumer began using the aggressive, borderline such as payday loans, car title pawns, credit industry realized that all these deceptive and abusive, tactics that are and home equity loan scams harm tens bankruptcies weren’t good for profits now common in the industry. of thousands of more Americans on top so they started lending less money, and And guess what, both bankruptcies of those shaken down by the main- they were more careful about who they and consumer debt levels exploded stream creditors. Such operators often lent money to. In fact, the overall con- after 1985. And some independent ob- target those on the economic fringe sumer debt level actually declined in servers point the figure directly at the like the working poor and the recently 1998, and guess what—fewer bank- 1984 reforms and the lending industry’s bankrupt. They even claim to be per- ruptcies. And this trend has continued foolhardy reaction. In a 1999 Harvard forming a public service: providing in 1999 and so far in 2000. But if this Business School study entitled ‘‘The loans to the uncreditworthy. It just conference report become law, bank- Rise of Consumer Bankruptcy: Evo- also happens to be obscenely profitable ruptcy protection will be harshly rolled lution, Revolution, or Both?’’ David to overwhelm vulnerable borrowers back. It will be even more profitable to Moss of the Harvard Business School with debt at usurious rates of interest. over burden folks with debt—and the and Gibbs Johnson, an attorney, lay Hey, who said good deeds don’t get re- banks and the credit card companies out the case. The say: warded? will fall all over themselves trying to Reading this conference report It is conceivable, therefore, that the do it. but this time America’s working makes it clear who has the clout in procreditor reforms of 1984 actually contrib- families will pay more of the price. Washington. There is not one provision uted to the growth of consumer (bankruptcy) This argument isn’t purely theo- filings. This could have occurred if the rein this bill that holds the consumer retical, history and empirical data forms exerted a larger impact in encouraging credit industry truly responsible for back it up. I want to ready my col- lenders to lend—and to lend more deeply into their lending habits. My colleagues leagues a few passages from an article the income distribution—than they did in de- talk about the message they want to published in the August 13, 1984 issue of terring borrowers from borrowing and filing. send to deadbeat debtors, that bank- Business week. This article, entitled Mark Zandi, in the January 1997 edi- ruptcy will no longer be a free ride to ‘‘Consumer Lenders Love the New tion of ‘‘The Regional Financial Re- a clean slate. Well what message does Bankruptcy Laws,’’ was written in the view,’’ writes: this bill send to the banks, and the recent aftermath of Congress’ last credit card companies? The message is While forcing more households into a chap- tightening of the bankruptcy code in clear: make risky loans, discourage ter 13 filing through an income test would 1984. raise the amount that lenders would ulti- savings, promote excess, and Congress Here’s how the article begins, quote: mately recover from bankrupt borrowers, it will bail you out by letting you be It doesn’t take much to get a laugh out of would not significantly lower the net cost of more coercive in your collections, by Finn Casperson these days. Just ask him the bankruptcies. Tougher bankruptcy laws will putting barriers in between your cus- outlook for Beneficial Corp. now that the simply induce lenders to ease their standards tomers and bankruptcy relief, and by U.S. has a tough new bankruptcy law. ‘It further. ensuring that the debtor will emerge looks a lot rosier,’ says the chairman of the Again, we know this is exactly what from bankruptcy with his vassalage to consumer finance company, punctuating the happened. Credit card companies sent you intact. This is in stark contrast to assessment with a hearty chuckle. out over 3.5 billion solicitations last the numerous punitive provisions of The article then explains what the year. They use aggressive tactics to the bill aimed at borrowers. banks and the credit card industries sign up borrowers—and to keep you in So Mr. President, the record is clear: got back in 1984: debt once they get you. And they also lenders routinely discourage healthy But when someone seems to be abusing the went after low income individuals— borrowing practices, encourage exces- revised law, a judge can, on his or her own, even though they might be worse cred- sive indebtedness and impose barriers throw a case out of chapter 7, leaving the it risks. Why? Because they are des- to paying of debt all in the name of debtor to file under chapter 13. And in chapter 13, where an individual works out a re- perate for credit, they are a captive au- padding their profits. It would be a bit- dience and can be charged exorbitant ter irony if Congress were to reward payment plan under court supervision, lender now can get a court order assigning all of interest rates and fees. Despite the fact big banks, credit card companies, re- a borrower’s income for three years to repay- that there are hundreds of credit card tailers, and other lenders for their bad ing debts—after allowance for food and other firms targeting low income borrowers, behavior, but that is exactly what pas- basic needs. Merely empowering a judge to interest rates and terms on these cards sage of bankruptcy reform legislation determine that a debtor is abusing the bank- have not been driven down by the sup- would do. ruptcy courts was the change most respon- posed competition. For these bor- I would characterize the debate like sive to the lenders’ contention that bank- this and make it very simple for my ruptcy was being used by people capable of rowers, the market is failing. And colleagues. This is fundamentally a ref- meeting their obligations. firms who aren’t squeamish about erendum on Congress’s priorities and Does this sound familiar to col- using aggressive collection tactics you simply need to ask yourself: whose leagues? It should. These ‘‘reforms,’’ have proved that the poor, or those side am I on? Am I on the side of work- are substantially similar to what in- with bad credit—even though they ing families who need a financial fresh dustry says are desperately needed might be less credit worthy onpaper— start because they are overburdened now—the means to curb abusive filings. can be kept to default rates as low as with debt? Am I for preserving this That was exactly what Congress gave those for wealthier borrowers. This is critical safety net for the middle class? them in 1984. But the critical question because the poor are more vulnerable Will I stand with the civil rights com- is, how did lenders behave after the to intimidation and they are less likely munity, and religious community, and 1984 ‘‘strengthening’’ of the bankruptcy to have legal defense against law suits. the women’s community, and consumer code? That story will help us answer Mr. President, I ask you, could the groups and the labor unions who fight the question: if we give them this new Senate play a better joke on the Amer- for ordinary Americans and who oppose stricter, lopsided law in 2000, what will ican people? The supposed bankruptcy this bill? they do with it? ‘‘crisis’’ of the 1990’s—which bill sup- Or will you stand with the credit That 1984 Business Week article sug- porters say merits a harsh rollback of card companies, and the big banks, and gested what was to come: bankruptcy protection for debtors—ac- the auto lenders who desperately want Lenders say they will make more unse- tually has its origins in the last time this bill to pad their profits? I hope the cured loans from now on, trying to lure back Congress ‘‘reformed’’ the bankruptcy choice will be clear to colleagues. the generally younger and lower-income bor- code in favor of industry. I ask you, MORE BANKRUPTCIES, NOT LESS, IS THE LIKELY rowers recently turned away. why would we be so stupid again? It’s RESULT But, Mr. President, that’s exactly the like our parents used to say: ‘‘Fool me Mr. President, at the beginning of my problem. The consumer finance indus- once, shame on you. Fool me twice, statement I said the bankruptcy ‘‘cri- try went after these folks with a venge- shame on me.’’

VerDate 31-OCT-2000 02:07 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.017 pfrm01 PsN: S31PT1 S11394 CONGRESSIONAL RECORD — SENATE October 31, 2000 WORSE THAN WHAT THE SENATE PASSED Safe harbor dollar amounts—The provided by creditors. Senate negotia- Now Mr. President, not only does the Senate bill provided that the higher of tions have reportedly agreed to delete majority leader want to ram through state or national median income both of these important amendments. bankruptcy legislation on the State should be used for the safe harbor from Unrealistic notice requiremnts—A Department authorization conference the means test. The shadow conference provision from the House bill requires report, which he has literally hijacked uses state median income, which is a that debtors use the address provided for that purpose, there is no question far lower number in many states. This in pre-bankruptcy communications to that this is a significantly worse legis- is an important issue because debtors provide any necessary notice to their lation than what passed the Senate. In in high income/high expense areas of creditors. Under this provision, it fact, there’s no pretending that this is low-income states will be very much would be impossible in many cases for a bill designed to curb real abuse of the disadvantaged. debtors to know what address to use, bankruptcy code. Safe harbor treatment of women not since debtors often do not retain their Does this bill take on wealthy debt- receiving child support—The shadow pre-bankruptcy communications. ors who file frivolous claims and shield conference has inserted the ‘‘Hyde safe Elimination of sanctions against their assets in multimillion dollar harbor’’ which protects some low in- creditors who file abusive motions— mansions? No, it guts the cap on the come families from the arbitrary The Senate bill contained sanctions homestead exemption adopted by the means test based on Internal Revenue against creditors who file motions Senate. I ask my colleagues who sup- Service expense standards. But this claiming ‘‘abuse’’ which are coercive or port this bill: how can you claim that safe harbor will not benefit many sin- not substantially justified. These sanctions would have been a key protection this bill is designed to crack down on gle mothers who need help the most be- against overly aggressive creditors for wealthy scofflaws without closing the cause it is based on the combined in- debtors in bankruptcy. Senate nego- massive homestead loophole that exists come of the debtor and the debtor’s tiators have reportedly agreed to in five states? And in a bill that falls so spouse, even if they are separated, the eliminate these sanctions. harshly on the backs of low and mod- spouse is not filing for bankruptcy, and Filing of tax records—S. 625 required erate income individuals? the husband is providing no support for debtors to provide tax returns only if I wonder how my colleagues who vote the debtor and her children. In other requested by a party in interest. The for this conference report will explain words, a single mother who is being de- shadow conference requires the filing this back home. How will they explain prived of needed support from a well- of tax records in every case. that they supported letting wealthy off spouse is further harmed by this debtors shield their assets from credi- A TERRIBLE PROCESS bill, which will deem the full income of Mr. President, let me just say a few tors at the same time they voted to that spouse available to pay debts for words about the process on this legisla- end the practice under current law of the safe harbor determination. This un- tion, which is terrible. The House and stopping eviction proceedings against fair treatment appears clearly in- Senate Republicans have taken a se- tenants who are behind on rent who tended, since the safe harbor from cred- cretly negotiated bankruptcy bill and file for bankruptcy? With one hand we itor motions elsewhere in the same sec- stuffed it into the State Department gut tenants rights, with the other we tion is worded differently, and does not authorization bill in which not one pro- shield wealthy homeowners. take into account the income of a sepa- vision of the original bill remains. Of Nor does this bill contain another rated nondebtor spouse, except to the course, State Department authoriza- amendment offered by Senator SCHU- extent support is actually being paid tion is the last of many targets. The MER and adopted by the Senate that by that spouse. majority leader has talked abut doing would prevent violators of the Fair Ac- Gutting the Durbin means test this on an appropriations bill, on a cess to Clinic Entrances Act—which ‘‘mini-screen’’—The Senate bill con- crop insurance bill, on the electronic protects women’s health clinics—from tained an amendment meant to give signatures bill, on the Violence using the bankruptcy system to walk bankruptcy judges more flexibility in Against Women Act. So desperate are away from their punishment. Again, I applying the means test for moderate we to serve the big banks and credit thought the sponsors of the measure income debtors. The provision was card companies that no bill has been wanted to crack down on people who changed in a way that turns the intent safe from this controversial baggage. game the system. What could be a big- of this provision on its head. Instead of We are again making a mockery of ger misuse of the system then to use creating more flexibility in the means scope of conference. We are abdicating the bankruptcy code to get out of dam- test, it would mean much less flexi- our right to amend legislation. We are ages imposed because you committed bility. abdicating our right to debate legisla- an act of violence against a women’s Elimination of protections for family tion. And for what? Expediency. Con- health clinic? farmers and family fishermen—The venience. And yet the secret conferees on his Senate bill enhanced bankruptcy pro- However, I’m not sure that we have bill simply walked away. They walked tections for family farmers and added ever been so brazen in the past. Yes we away from a real opportunity to pro- protections for family fishermen. Sen- have combined unrelated, extraneous hibit an abuse that all sides recognize ate negotiators have reportedly agreed measures into conference reports. Usu- exists, but they also walked away from to eliminate entirely the new protec- ally because the majority wishes to an opportunity to protect women from tions for fishermen, as well as most of pass one bill using the popularity of harassment. They walked away from the new protections for family farmers. another. Putting it into a conference the opportunity to protect women from Unrealistic valuation of property— report makes it privileged. Putting it violence. Senate negotiations have reportedly into a conference report makes it So why shouldn’t people be cynical agreed to a House provision that would unamendable. So they piggy back leg- about this process? Ever since bank- change current rules on property valu- islation. Fine. But Mr. President, this ruptcy reform was passed by the Sen- ation. Under this provision, property may be the first time in the Senate’s ate this bill has gotten less balanced, would have to be valued at retail value, history where the majority has less fair, and more punitive—but only without accounting for any of the costs hollowed out a piece of legislation in for low and moderate income debtors. of sale, despite the fact that resale at conference—left nothing behind but the So again, I would say to my colleagues, such value would be impossible. bill number—and inserted a completely this bill is a question of our priorities. Elimination of Byrd and Levin unrelated measure. Will we stand with wealthy dead beats amendments on consumer credit—The I would challenge my colleagues or will we take a stand to protect amendment to the Senate bill offered walk into any high school civics class women seeking reproductive health by Senator BYRD required that con- room in America and explain this proc- services from harassment? sumer information be included in ess. Explain this new way that a bill But unfortunately, these were not Internet credit card applications. The becomes law. What the majority has the only areas where the shadow con- Levin amendment prohibited certain essentially done is started down the ferees beat a retreat from balance and finance charges on credit card pay- road toward a virtual tricameral legis- fairness. For example: ments made within the grace periods lature—House, Senate, and conference

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.019 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11395 committee. But at least the House and Senate floor. He was voted down, and is a work of injustice. It works injus- the Senate have the power under the he spoke specifically about how we tice on the Senate’s procedures. And if constitution to amend legislation have corrupted the legislative process it passes, it will work injustice on mil- passed by the other house—measures in the Senate: lions of Americans struggling to cobble adopted by the all-powerful conference I wish this had been a one time event. Un- together a fresh start after financial committee are not amendable. fortunately, it happens over and over and hardship. And the measure is also a Is bankruptcy reform so important over. It is a complete emasculation of the clear example of the power of money in that we should weaken the integrity of process that the Founding Fathers had set the legislative process. That’s an injus- the Senate itself? It is not. I would up. It has nothing to do with the legislative tice too, because it puts the needs of question whether any legislation is process. ‘‘If you were to write a book on how the special interests ahead of the needs a bill becomes a law, you would need several that important, but to make such a volumes. In fact, if the consequences were of the American people. blatant mockery of the legislative not so profound, some could say that you Let us begin with the procedural in- process on a bill that is going to be ve- would need a comic book because it is hilar- justice. If Senators allow business to be toed anyway? That is effectively dead? ious to look at the lengths we have gone to done as is being attempted with this Just to make a political point? What thwart and undermine and, in an extraor- conference report, then we might as have we come to? dinary way, destroy a process that has well all just go home. Because con- This is a game to the majority. The worked so well for 220 years. ference committees will be doing our game is how to move legislation So where does it stop? As long as the jobs. through the Senate with as little inter- majority want to avoid debate, as long Unlike a normal conference report, ference as possible from actual Sen- as the majority wants to avoid amend- this conference report includes abso- ators. ments and as long as Senators will go lutely no legislation on the matters Colleagues I want to remind you of along to get along we will find our- that the Senate sent to the conference what Senator KENNEDY said 4 years ago selves forced to cast up or down votes committee—which, for the information when the Senate voted to gut rule 28, on legislation—a rubber stamp yes or of my colleagues and the people watch- the Senate rule limiting the scope of no—with no ability to actually legis- ing, was a bill on embassy security and conference, that we are violating with late. authorizations for the Department of this conference report. Speaking very And each Senator who today votes State, a terribly serious matter. That prophetically he said: for this conference report should know: was not what came back—nothing like The rule that a conference committee can- they may find themselves in the major- that. Instead this conference report not include extraneous matter is central to ity today, they may be OK with letting brings back to the Senate a complete the way that the Senate conducts its busi- this bill go because they are not of- bill entirely irrelevant to the bill sent ness. When we send a bill to conference we do fended by what it contains, but be fore- to conference. What it brings back is a so knowing that the conference committee’s warned, the day will come when you bankruptcy bill. work is likely to become law. Conference re- will be on the other side of this tactic. ports are privileged. Motions to proceed to That is not the job of a conference them cannot be debated, and such reports Today it is bankruptcy reform, but committee. It is not the job of a con- cannot be amended. So conference commit- someday you will be the one protesting ference committee to search out the tees are already very powerful. But if con- the inclusion of a provision that you legislative vineyards for whatever ference committees are permitted to add believe is outrageous. issues appear ripe for decision. It is not completely extraneous matters in con- Regardless of the merits of bank- the job of a conference committee to ference, that is, if the point of order against ruptcy reform, this is a terrible proc- write legislation on matters not com- such conduct becomes a dead letter, con- ess. I would urge my colleagues to vote mitted to it. The conference committee ferees will acquire unprecedented power. ‘‘no’’ to send a message to the leader- They will acquire the power to legislate in a is doing our jobs. privileged, unreviewable fashion on virtually ship. Send a message that you want The Constitution confers on the Sen- any subject. They will be able to completely your rights as Senators back. ate and the House of Representatives bypass the deliberative process of the Sen- Finally, Mr. President, let me end on certain enumerated powers. Article I, ate. Mr. President, this is a highly dangerous this note. I think many in this body be- Section 1, of the Constitution provides: situation. It will make all of us willing to lieve that a society is judged by its ‘‘All legislative powers herein granted send bills to conference and leave all of us treatment of its most vulnerable mem- shall be vested in a Congress of the vulnerable to passage of controversial, extra- bers. Well, by that standard this is an United States, which shall consist of a neous legislation any time a bill goes to con- exceptionally rough bill in what has Senate and House of Representatives.’’ ference. I hope the Senate will not go down this road. Today the narrow issue is the sta- been a very rough Congress. All the If the Senate so chooses, it may dele- tus of one corporation under the labor laws. consumer groups oppose this bill, 31 or- gate some of its powers to a committee But tomorrow the issue might be civil ganizations devoted to women and chil- of its Members. But if those Members rights, States’ rights, health care, education, dren’s issues oppose this legislation. so delegated recognize no limits on or anything else. It might be a matter much There is no doubt in my mind that their authority, then they have more sweeping than the labor law issue that this is a bad bill. It punishes the vul- usurped nothing less than all the pow- is before us today. nerable and rewards the big banks and ers that the Constitution vests in the He was absolutely right, Mr. Presi- credit card companies for their own Senate itself. The conference com- dent. We are headed down that slippery poor practices. And this legislation has mittee is doing our jobs. slope he described. For the last three only gotten worse in sham conference. Who needs a full Senate and a full years we have handled appropriations Earlier, Mr. President, I used the House of Representatives in Congress in this manner. We’ve combined bills word ‘‘injustice’’ to describe this bill— assembled? The conference committee together, the text is written by a small and that is exactly right. It will be bit- is doing our jobs. group of Senators and Congressmen ter irony if creditors are able to use a Who needs amendments between the and these bills have been presented to crisis—largely of their own making—to Houses on the bankruptcy bill? The the Senate as an up or down propo- convince Congress to decrease bor- conference committee is doing our sition. And now we’re doing it with so- rower’s access to bankruptcy relief. I jobs. called bankruptcy reform. hope my colleagues reject this scheme Who needs the Senate to disagree to Conference reports are privileged. It and reject this bill. any House amendments or insist on is very difficult for a minority in the The PRESIDING OFFICER. The Sen- any Senate amendments on the bank- Senate to stop a conference report as ator from Wisconsin is recognized. ruptcy bill? The conference committee they can with other legislation. That’s f is doing our jobs. why these conference reports are being Who needs the Senate to request a used in this way. And that’s why the EMBASSY SECURITY AND BANK- conference or agree to a conference on rules are supposed to restrict their RUPTCY CONFERENCE REPORT the bankruptcy bill? The conference scope. Mr. FEINGOLD. Mr. President, let committee is doing our jobs. Last year, Senator DASCHLE at- me begin by agreeing with the Senator Who needs the Senate to consider tempted to reinstate rule 28 on the from Minnesota. The measure before us any motions to instruct the conferees

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.021 pfrm01 PsN: S31PT1 S11396 CONGRESSIONAL RECORD — SENATE October 31, 2000 on the bankruptcy bill? The conference sion of special interest to the Federal Conference committees usually work committee is doing our jobs. Express Corporation, the Senate voted in secret. Senate rules require no open Who needs the Senate even to name 56 to 39 to overturn the ruling of the meetings. House practice has generally conferees on the bankruptcy bill? The Chair and nullify the rule. required one photo opportunity. There- embassy security conference com- At that time, Senator SPECTER called after, in the eyes of the Senate’s rules, mittee is doing our jobs. it: ‘‘a very, very serious perversion of Senators’ signatures on the conference Who needs for Congress to address Senate procedures.’’ report constitute their votes, and noth- the increase in the minimum wage that Mr. President, conference reports are ing further need be done in public. the Senate attached to the last bank- privileged. Consequently, Senators Mr. President, we know that con- ruptcy bill? The conference committee cannot debate a motion to proceed to a ference committees have long been the is doing our jobs. conference report. Senators cannot em- graveyards of amendments. Senator Who needs for Congress even to take ploy a filibuster to block its consider- Russell Long used to quip, ‘‘Why fight up, consider, debate, and amend this ation. an amendment on the floor if you can particular bankruptcy bill, which was Conference reports are not amend- drop it in conference?’’ And that ap- introduced on October 11? The con- able. If, as is often the case, and is the pears to be what has happened to the ference committee is doing our jobs. case here, the House has already acted minimum wage increase that the Sen- Who needs for the Senate to take any on a conference report, motions to re- ate attached to the last bankruptcy action whatsoever to grant this con- commit the conference report to the bill, and to many other amendments, ference committee power to act on conference committee are not in order including some that I proposed, that bankruptcy? The conference com- in the Senate. made the bill somewhat more palatable mittee is doing our jobs. Conference reports present the Sen- to the Senate. Who needs all the Senators who are ate with a take-it-or-leave-it propo- And today we see a conference com- not Members of the conference com- sition. mittee becoming the delivery room for mittee? Because the conference com- As I am sure my colleagues have ob- a brand new piece of legislation. Like mittee is doing our jobs. served, the Senate works at two speeds: Athena from Zeus’s head, a new law is Who needs for us to fly and drive in a deliberative speed and a get-down-to- springing whole from the conference to Washington, sometimes from vast business speed. The regular order under committee without floor consideration, distances, from around the country? the Standing Rules of the Senate re- debate, or amendment. Because the conference committee is flects the deliberative speed. We see Today, the chickens are coming doing our jobs. the getting-down-to-business speed in home to roost. This majority, in its Who needs all these Senate offices unanimous consent agreements, the continuing crusade to snuff out any op- and all the Senators’ staff? A handful budget process, and conference reports. portunity for the minority to debate of offices would do, four to be exact, be- When Senators take up these get- and amend, now carries this monstrous cause the conference committee is down-to-business matters, they enter conference report precedent to its log- doing our jobs. into a kind of social contract. Senators ical extreme. As one longtime observer of Senate agree to give up their normal rights As I said in my statement on the procedures asked, who died and made under the rules to debate and amend, Military Construction Appropriations them king? Because the conference which are very important in this insti- bill on May 18, this majority has time committee is doing our jobs. tution. In exchange, through subject- after time flouted or changed the The Senate used to have rules to pre- matter limitations, these procedures Standing Rules of the Senate to ratch- vent this sort of thing. Rule 28 of the grant Senators some notice—and Sen- et down the rights of the minority. Standing Rules of the Senate addresses ators have a right to some notice—of This majority has thus shown a dis- turbing willingness to cast aside long- conference committees. Two of that what they can expect. held precedents to serve immediate rule’s six paragraphs deal with the As Senator KENNEDY said in 1996: policy ends. Minority party rights have scope of conferences. ‘‘We send a bill to conference . . . knowing Paragraph 2 of Rule 28 states, in rel- that the conference committee’s work is suffered as a result. evant part: likely to become law. Mr. President, four Senators do not constitute the Senate. Yet absent Sen- Conferees shall not insert in their report And until October 1996, the prece- matter not committed to them by either ate rules to restrain them, small dents governing conference committees groups of Senators meeting secretly in House. . . . If new matter is inserted in the prohibited them from bringing back report . . ., a point of order may be made conference committees can arrogate against the report, and if the point of order any matter ‘‘entirely irrelevant’’ to much—if not most—of the Senate’s is sustained, the report is rejected or shall be what the Senate or House passed. power. recommitted to the committee of conference In October 1996, the Senate breached If the Senate allows the kind of legis- if the House of Representatives has not al- that compact. Now the process can lation-writing by conference com- ready acted thereon. force Senators to live with restrictions mittee that has taken place here, then And then, paragraph 3 of Rule 28, on their rights to debate and amend Senators will have done nothing less dealing with complete substitutes, conference reports without having even than surrender their jobs. They will states: the slightest idea of the reports’ sub- have surrendered their authority and 3(a) In any case in which a disagreement to ject matter in advance. And the last- responsibilities to the very few who an amendment in the nature of a substitute minute additions will probably become happen to be in whatever conference has been referred to conferees, it shall be in law. committee is meeting on any given order for the conferees to report a substitute Mr. President, I think most would day. on the same subject matter; but they may agree, this change is profoundly un- If we allow this practice, we will have not include in the report matter not com- democratic. Conference committees are mitted to them by either House. They may, perpetrated, in my view, and I don’t however, include in their report in any such populated disproportionately by senior think this is an exaggeration, one of case matter which is a germane modification Members and Members favored by the the greatest abdications of responsi- of subjects in disagreement. leadership. This conference, as a case bility in the history of the Senate. (b) In any case in which the conferees vio- in point, was signed off on for the Sen- Let us be clear about why this is hap- late subparagraph (a), the conference report ate by just four men who have been pening. When the Senate considered shall be subject to a point of order. here an average of 22 years. Conference the last bankruptcy bill, in November Then, Mr. President, on October 3, committees are far less representative of 1999, Senator KENNEDY offered an 1996, in what seemed like almost a of the people than the Senate as a amendment to provide working Ameri- whim, the Senate cast aside this cen- whole. cans a much-needed increase in the tury-old Standing Rule, which I just In conference, the majority need not minimum wage. The Republican caucus read in part. To secure last-minute, work with the minority party at all. added 112 pages of tax breaks, costing end-of-session passage of a version of Under this majority, the majority $103 billion, most of which would have the Federal Aviation Authorization often has not. On this bill, the major- gone to the top fifth of the income dis- Act that included an extraneous provi- ity certainly has not. tribution.

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.009 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11397 The Senate could have sent a bill on ever to the Democratic party—it gave business executives from the 1,000 larg- bankruptcy and the minimum wage to $150,000 to the Democratic Senatorial est companies in the United States, re- conference with the House. But the Campaign Committee on December 22, leased last Wednesday by the Com- Constitution requires that revenue 1999, Mr. President, right in the middle mittee for Economic Development, 79 measures originate in the House. So of Senate floor consideration of the percent of the respondents said they the plain effect of the Republican tax bankruptcy bill. And just a few months believe the campaign finance system in break amendment was to kill the bank- ago, on June 30, 2000, Alfred Lerner, this country is broken and needs to be ruptcy bill and also to kill the min- Chairman and CEO of MBNA—one per- reformed. Sixty percent of respondents imum wage increase. son, one individual—gave $250,000 in agree that soft money should be And now, the majority seeks to take soft money to the RNC. banned. the remains of that dead bankruptcy Mr. President, the following figures So even among those interests that bill from the graveyard, and stitch it are from the Center for Responsive Pol- benefit from the soft money system, together with material from com- itics, through the first 15 months of the there is strong support for ending it. pletely different entities that they election cycle, and in some cases in- And the reason for that, I believe, is have found in various legislative dis- clude contributions given later in the two-fold. First, America’s businesses secting rooms. The result is a not a election cycle. MBNA and its affiliates and business people are tired of being modern Prometheus, but a monster, ar- and executives gave a total of $710,000 hit up for money. Year after year, tificial and hideous. in soft money to the parties. Visa and these credit card companies have been Now why did the majority engage in its executives gave more than $268,000 sending money to the parties and Mem- this extremely unusual procedure? Why in soft money to the parties during the bers of Congress hoping for some re- seek a conference committee that period. Mastercard gave nearly $46,000. turn, and I think they are tired of it. could be used to work its will in secret Finance and credit card companies Second, Mr. President, business lead- and bring to the floor a new bill that gave $5.4 million in soft money, PAC ers in this country are coming to real- will be voted on up or down with no and individual hard money contribu- ize how bad this system looks to the amendments? Was it to bring forward a tions in the first 15 months of the 2000 public, how poorly it reflects on the bill that is crucial to our national se- election cycle. When you add that to legislative and political process. The curity? No. Are the experts in the field the $14.6 million that the commercial word is out, for example, about this clamoring for it? No. banks gave, you have, Mr. President, in bankruptcy bill. It is not necessary, it I have talked to bankruptcy judges, the midst of all these other special in- goes too far, it’s unfair and imbal- bankruptcy trustees, practitioners rep- terests, one of the most powerful lob- anced. Newspapers have editorialized resenting both creditors and debtors, against it; law professors have written law professors who specialize in this bying forces in public policy today. op-ed pieces about what’s wrong with area, and they all strongly oppose this And you just might have the answer, in bill. No, the clamor is coming from an- fact you do have the answer, to the it; news magazines have done exposes other quarter. The special interests. question, ‘‘why is this bill before the of the money behind it. The monied in- The interests that want this bill so des- Senate today?’’ terests have succeeded in getting the Some in this body say that the public perately that they have pushed the Ma- bill back to the floor, and they may get jority to use this most unusual, almost doesn’t care about campaign finance it through the Congress. But if it unprecedented procedure, are the big reform Mr. President. But I would be passes, the bill and this body will not banks and the credit card companies. willing to bet that if you took a public have the respect of the American peo- They want this reform bill because it is opinion poll and asked the question ple or the press. That’s why America’s skewed toward their interests. This is a whether the Senate should use extraor- business leaders want reform of the bill written by and for the credit card dinary procedural means to send a system Mr. President, because they companies. That’s why all the non- campaign finance bill that would ban know very well it taints all of us, even partisan experts on bankruptcy law op- soft money to the President instead of the legislation that they so desperately pose it. this bankruptcy bill, the answer would want the Congress to pass. So why is it before the Senate today? be an overwhelming ‘‘Yes.’’ Mr. President, I invite my colleagues Mr. President, for over a year now, I After all, the House passed the to look about this Senate Chamber and have been Calling the Bankroll on the Shays-Meehan campaign finance re- examine its form. Since January 4, Senate floor, to inform my colleagues form bill last year by an overwhelming 1859, this Senate has done business in of the campaign contributions, particu- margin. And the President would sign this open room, ringed all around by larly soft money contributions, that that bill. All that is needed for cam- galleries for the people. To the west, have been given by interests that paign finance reform to become law is behind me, are the public visitors’ gal- would benefit from or that oppose leg- Senate approval, and a majority of leries. To the north, behind the Pre- islation that we are considering here in Senators supports this bill. siding Officer, are the wooden desks of the Senate. I have often stated that On the other hand, the President has the press, who report our proceedings these contributors set the agenda on said repeatedly that he will veto this to the Nation. this floor. And this bill, I’m afraid, is a bankruptcy bill. So even if this proce- The Senate began holding sessions poster child for the influence of money dural gambit is successful, the bill open to the public more than 206 years on the legislative process. won’t become law. ago, on February 20, 1794. The Senate Mr. President, Common Cause put But the campaign finance reform bill opened galleries for the public in De- out a report this spring showing the doesn’t have millions of dollars in cam- cember 1795. The first radio broadcast stunning amount of money that the paign contributions behind it, the same from the Senate Chamber took place in credit industry has contributed to way this bankruptcy bill does. So the March of 1929. members of Congress and the political majority persists, the majority persists Some Senate hearings appeared on parties in recent years. $7.5 million in in trying to force this bill through the television as early as 1947. Many credit 1999 alone, and $23.4 million in just the Congress in the waning days of the ses- ABC’s live coverage of the Army- last three years. One company that has sion. And it may get its way. But it McCarthy hearings in 1953 with helping been particularly generous is the will not pass this bill into law. to turn the tide against McCarthyism. MBNA Corporation, one of the largest Mr. President, this bill has millions Twenty years later, another generation issuers of credit cards in the country. of dollars of soft money contributions learned about democracy as Senator In 1998, MBNA gave a $200,000 soft behind it. And I’m sure that the donors Sam Ervin presided over the Watergate money contribution to the Republican of those contributions believe they are hearings in 1973. Senatorial Committee on the very day doing the right thing for their compa- The Senate began radio broadcasts of that the House passed the conference nies by giving them. But it is very in- floor debate in 1978 with the debate on report and sent it to the Senate—not teresting that the leaders of major cor- the Panama Canal Treaty. The House terribly subtle. porations, whose money drives this soft began televising its floor proceedings In December 1999, MBNA gave its money system, are increasingly un- in 1979. The Senate opened its pro- first large soft money contribution comfortable with it. In a poll of top ceedings to television on a trial basis

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.012 pfrm01 PsN: S31PT1 S11398 CONGRESSIONAL RECORD — SENATE October 31, 2000 in May 1986. And since June 2, 1986, C– good fortune to be named to confer on tricks to mark the season of dimin- Span has carried our debates to viewers an embassy security bill have taken it ishing sunlight. throughout the Nation. upon themselves to conduct the busi- The 106th Congress is waning. Our We conduct ourselves in the open like ness and exercise the powers that the legislative days will soon be coming to this because the Senate best serves the Constitution vested in the Senate and an end, and we will be ending the legis- Nation when it conducts its business the Congress. lative term with a cruel legislative on this Senate floor, open to the public In 1973, the nuclear physicist Edward trick: a bankruptcy conference report view. It is here, on this Senate floor, Teller said, ‘‘Secrecy, once accepted, masquerading as a State Department that each of this Nation’s several becomes an addiction.’’ Mr. President, authorization bill. You know Congress states is represented. And it is here, in my fear is that this majority will sim- is close to adjournment when slick pro- their debate and votes on amendments ply continue down this path of snuffing cedural maneuvers are used to bring a and measures, that Senators become out minority rights, creating one legis- one-sided work product to the Senate accountable to the people for what lative Frankenstein after another. floor. they do. Senator KENNEDY warned in 1996: ‘‘It The majority found a shell con- The Senate is distinctive for the will make all of us less willing to send ference report, they basically held a amount of work that it used to do on bills to conference . . . .’’ My fear is meeting without an official conference the Senate floor. In contrast to the that we can no longer trust any con- committee, struck the contents of the House of Representatives, where more ference committee. original bill, and plugged in the bank- work is done in committee, the Senate On this Halloween, I fear for what ruptcy bill that we have before us used to do more work on the floor. legislative creatures will walk abroad today. Rather than negotiate with The majority today diminishes the as long as this majority holds power. I, Democrats directly or work to produce Senate floor in favor of the backroom for one, will stand guard against them a bipartisan bill that the President conference committee, chosen to ad- and fight them. In defense of the Sen- might support, they went back to their dress these issues by none but them- ate, I urge my colleagues to join me, old tactic: Take it or leave it; this is selves, accountable to none but them- Senator WELLSTONE, and others, and the Republican version; this is the selves, and open to observation by none oppose this conference report. version supported by business. Take it but themselves. The proceedings of the Senate floor I yield the floor. or leave it. When I hear all the claims in the are open to view because, as Justice The PRESIDING OFFICER (Mr. Presidential campaign about biparti- Louis Brandeis wrote, ‘‘Sunlight is said THOMAS). The Senator from Minnesota. sanship, I shake my head when I look to be the best of disinfectants.’’ Mr. WELLSTONE. Mr. President, I William Jennings Bryan put it this hope every Democrat or staff member at the Republican leadership in the way: ‘‘The government being the peo- heard the words of Senator FEINGOLD. Senate and the House which continu- ple’s business, it necessarily follows His words will be memorable in terms ously stops the Democrats from par- that its operations should be at all of the record of the Senate. They are ticipating. If we are going to have bi- times open to the public view. Pub- prophetic for now and in the future. I partisanship, shouldn’t we have it on a licity is therefore as essential to hon- thank the Senator for the power of his bill as important as bankruptcy re- est administration as freedom of presentation, for the power of his form? speech is to representative govern- words. Let me say from the outset, I support ment.’’ I ask the Senator from Illinois how bankruptcy reform. Two years ago, I It is a legal maxim that ‘‘Truth fears much time he thinks he will need. was on the Judiciary Committee and nothing but concealment.’’ And it fol- Mr. DURBIN. Twenty minutes. the subcommittee with jurisdiction lows as night follows day that conceal- Mr. WELLSTONE. Mr. President, I over this issue. Senator GRASSLEY and ment is the enemy of truth. yield 20 minutes to the Senator from I spent countless hours with our staffs As Justice Brandeis also wrote, ‘‘Se- Illinois, Mr. DURBIN. trying to come up with meaningful and crecy necessarily breeds suspicion.’’ The PRESIDING OFFICER. The Sen- fair bankruptcy reform. How will the public gain confidence in ator from Illinois. We had a good bill. Ninety-seven the work of the Senate if the public Mr. DURBIN. Mr. President, before Members of the Senate voted for it. I cannot see its operations? beginning, I say to the Senator from thought that was a pretty good en- Morley Safer once said that ‘‘All cen- Minnesota, two of our colleagues, Sen- dorsement of a bipartisan effort, but it sorship is designed to protect the pol- ator DORGAN and Senator HARKIN, have has gone downhill consistently ever icy from the public.’’ If the majority asked for 10 minutes each, I think Sen- since. had confidence in its policy, would it ator HARKIN first. I do not know if the That bill was then trapped in a con- not do its business in the light of day? Senator wants to make that part of his ference committee that was totally Re- As Senator Margaret Chase Smith unanimous consent request at this publican, no Democrats allowed. They said on this Senate floor on September time. brought back a work product that was 21, 1961, ‘‘I fear that the American peo- Mr. WELLSTONE. I did tell Senator the byproduct, I guess, of the best ple are ahead of their leaders in real- HARKIN I would grant him some time. I wishes of the credit industry. It had no ism and courage—but behind them in want to allow some time for myself to balance to it whatsoever. Frankly, it knowledge of the facts because the speak in opposition to this as well. Let was defeated. Then we turned around— facts have not been given to them.’’ me see how things go. I guess it wasn’t called; it would have In another context, Senator Robert Mr. DURBIN. I thank the Senator been defeated by Presidential veto. Taft said on this Senate floor on Janu- from Minnesota. Then over the next 2 years, others ary 5, 1951: f worked on this issue, and I hoped we The result of the general practice of se- would return to a bipartisan approach. crecy has been to deprive the Senate and the BANKRUPTCY It did not happen. So for all of the calls Congress of the substance of the powers con- Mr. DURBIN. Mr. President, you can for bipartisanship by the Republican ferred on them by the Constitution. expect the Halloween thing to be part side of the aisle, when it comes to con- And as Senator KENNEDY, our distin- of most of our speeches on the floor ference committees, no Democrats are guished colleague, warned in 1996: today regardless of the issue at stake. allowed. Republicans said: Take it or This . . . is a vote about whether this body It is Halloween, and children of all ages leave it. In this case, we should defi- is going to be governed by a neutral set of will be dressing up in their favorite rules that protect the rights of all Members, nitely leave it. and by extension, the rights of all Ameri- costume and ringing doorbells yelling: The bankruptcy code is a complex cans. If the rules of the Senate can be twist- Trick or treat. piece of law. When I was debating this ed and broken and overridden to achieve a Our Halloween tradition that we en- in earlier years, I marveled at the fact momentary legislative goal, we will have di- joyed as kids, and even as adults, dates that I was considered to be one of the minished the institution itself. back to Celtic practices, when on this spokesmen on the issue of bankruptcy. And that, in the end, is what has hap- day witches and other evil spirits were What is my experience in bank- pened here. Four Senators who had the believed to roam the Earth, playing ruptcy? Thirty years ago I took a

VerDate 31-OCT-2000 02:20 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.015 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11399 bankruptcy course in law school, and They say this is a reflection on the years—to pay off the balance. And 20 years ago I was a trustee in a bank- moral decadence of America; that so when it is all over, their payments will ruptcy in Springfield, IL. That is the many people are filing for bankruptcy. have come to $2,418, almost twice the sum and substance of my experience in I assume those who abuse the system original balance. bankruptcy, and I turned out to be one may be morally decadent. Let someone The credit card industry said that is of the more experienced people at the else be the judge of it. At least it raises an outrageous disclosure that they table on the issue, one I had to relearn that issue. would disclose this to people to whom the complexities of in a short period of I asked the credit card industry: Do they send monthly statements. At first time. you have a moral responsibility? Are they said it was not technologically A constant theme has guided me you meeting your moral responsibility? possible. That is laughable, in this through this debate, and that is: Yes, When you flood people who are not world of computers, that they could there are people who go to bankruptcy creditworthy with solicitations for not tell you that basic information. court and file, abusing the system, more credit cards, are you meeting They do not want to tell you that be- gaming the system, trying to avoid your responsibility? When you put cause they understand, as long as peo- their responsibility to pay their just ATMs at casinos, are you meeting your ple are paying that minimum monthly debts. I believe that is the case, and if responsibility? When you go to football payment, they are going to be trapped this law is directed at those people, I games and basketball games at the col- forever in paying more and more inter- am for it. lege level on up and say, We can give est. Secondly, I believe there are abuses you a beautiful sweatshirt that shows There are times when people cannot on the other side as well. I do not need the University of Illinois symbol if pay more than the minimum monthly to tell the others who are gathered and you, as a student, will sign up for a balance. That is a decision—a con- those following this debate how many credit card, are you meeting your scious decision—consumers should credit card solicitations you receive at moral responsibility? make. But I think the credit card in- home. Quite a few, I bet. I will go When the dean at Indiana University dustry owes it to people across Amer- through some statistics in a few min- says the No. 1 reason kids drop out of ica to tell them the terms of what they utes about the volume of credit card school is credit card debt—they have so are getting into. Frankly, they have solicitations. much debt accumulated, they have to resisted that all along. I have a godson in Springfield, IL, go to work and try to pay some of it It is my understanding that a lot of Neil Houlihan. He is now 7 or 8 years off—are you meeting your moral re- the language we have put in here about old. He got his first credit card solici- sponsibility? credit card disclosure, and even saw in tation at the age of 6. This is a bright This field of morality can be a little the Senate bill, has basically been young man, but I do not believe that at tricky, but this credit card industry eliminated. It is my understanding the age of 6, when you are learning to does not believe they have a special re- that it has been weakened in many re- ride a bicycle, you should have a credit sponsibility in this debate. I think they spects. card in your back pocket. Obviously, are wrong. The Republican leadership brings MasterCard did and sent Neil his solici- In 1999, there were 3.5 billion credit this bill to the floor and permits banks tation. card solicitations mailed to American with less than $250 million in assets— They have sent solicitations to chil- households. Let me tell you why that and that, incidentally, is over 80 per- dren, people in prison, and family pets. is interesting. There are 78 million cent of the banks in America—to have Everyone gets one. Every time you go creditworthy households in America the Federal Reserve provide its cus- home at night, you sort through all the and 3.5 billion credit card solicitations. tomers with a toll free number to re- offers to give you a new credit card. In Do you ever wonder why your mailbox view their credit card balances for the a way, it is flattering; you feel empow- is full of these solicitations? They are, next 2 years. So instead of telling you ered: You get to make that decision. In frankly, coming at you in every direc- on a monthly statement, with all the another way, the credit card industry tion, and it is not just through the information they pile in—all the circu- would have us carry as many pieces of mails; it is in magazines; it is on tele- lars, all the advertising—they are plastic in our pocket as possible, with vision; it is everywhere you turn. They going to give you an 800 number and little or no concern as to whether we try to lure you into signing up for an- say: You can call here, and maybe they can handle the debt. other credit card with very few ques- will answer your question as to how What I believe—and I hope others tions asked. much you are ultimately going to have agree with me—is we should not ration These 3.5 billion credit card solicita- to pay. You know that isn’t going to credit in America nor should we ration tions, frankly, do not tell you all you happen. The credit card industry information about credit in America. need to know about the obligations you knows it is not going to happen. That We ought to know, as individuals, what are incurring. is as far as they want to go. the terms of these credit card agree- I continue to believe, as I did when Let me tell you about another thing ments are, what the traps are that you this debate got started, when we passed that is amazing. It is called the home- can hardly read with a magnifying a strong disclosure provision, that con- stead exemption. Did you know, in glass on the back of your statement. sumers were entitled to know some most States now, if you file for bank- We have a right to know what we are very basic things. ruptcy, you are allowed to claim as an getting into. If it is a caveat-emptor This is one of the things I suggested exemption—in other words, protected situation, it is not fair. Consumers but which the credit card industry re- from the bankruptcy court and your have a right to know. jected. It is just this simple. I think creditors—your homestead, your home? The democratization of credit in they ought to say, in every credit card But every State has a different stand- America has made this a better place statement: If you make the minimum ard about how much you are allowed to to live. I understand the fact that not monthly payment required, it will take exempt. too many years ago, if a woman was a you X number of months to pay off the My colleague, Senator KOHL of Wis- waitress in a restaurant, the likelihood balance. When you have paid it off, this consin, basically said we ought to get that she could get a credit card was is how much you will have paid in in- right of this because fat cats go out next to zero. Today she could qualify terest and how much you will have and buy magnificent homes and man- for one. That is a good development. paid in principal. sions and ranches and farms and call We have to look at the abuse of solic- That is not a tough thing to cal- them their homes, plow everything itation of credit cards and what it culate; it is not a radical suggestion; it they have into them, and then say to leads to. The credit card industry is disclosure, so that someone who their creditors they have nothing to wants us to close down the loopholes in looks at a credit card debt—let’s say put on the table. the bankruptcy code, but they do not they want to pay the 2 percent month- We had instances where the Commis- want us to look at the loopholes in ly minimum on $1,295.28—is told, as sioner of Baseball many years ago—one their own system. When I explain the part of routine disclosure, it will take of the former Commissioners of Base- details, my colleagues will understand. them 93 months—that is more than 7 ball—managed to protect a mansion in

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.018 pfrm01 PsN: S31PT1 S11400 CONGRESSIONAL RECORD — SENATE October 31, 2000 Florida because he bought it in time prescription drug bills. When people be- ica, but also NARAL, the National before he filed for bankruptcy. We had come so overwhelmed by a catastrophic Partnership for Women and Children, a lot of well-known actors and ac- illness, they end up in bankruptcy the Leadership Conference on Civil tresses who turned around and did the court. Rights, the Religious Action Center, same thing in southern California. Both men and women are more likely the Consumers Union—virtually every The average person does not have to declare bankruptcy following di- one of them—75 law professors from that benefit. Many States do not allow vorce. That is the second instance in across the country who have tried to much more than a modest exemption people’s lives, divorces. They, of take an objective look at this bill, even for the homestead. We said, under Sen- course, end up with a situation where groups from my own home State of Illi- ator KOHL’s amendment, that we would people have to file because they can’t nois. The Bankruptcy Center, which create a $100,000 nationwide cap on make ends meet. The spouse who has over the past 3 years has filed over homestead exemptions. I think it the responsibility of raising the chil- 6,000 bankruptcies on behalf of their makes sense. But, frankly, it did not dren may find herself in bankruptcy clients, has written me with their con- survive. Now, under this bill that is be- court. cerns about the bankruptcy bill. fore us, if you have owned property for The way this bill is written, there is So it comes down to this. We have a more than 2 years, then there is vir- not adequate protection for those lopsided bill, perpetrated as part of a tually no limitation. It is up to the women. That is why most women’s political process around here that is States to decide again. I think that is groups, as well as consumer groups, op- becoming too common, where they a mistake. This is a departure. pose this bill as written. take a bill that has nothing to do with The other area is clinic violence. Of course, unemployed workers who bankruptcy and shove the contents This gets to a point that is worth lose their jobs; that is the third in- into it. And the Republicans dictate speaking to. Senator SCHUMER of New stance that drives people into bank- what will be in it and do not even in- York brought this point forward. If ruptcy court. vite the Democrats to participate in someone is engaged in violence at an So you find over and over again that the discussion, bring it to the floor and abortion clinic—and it has happened; the catastrophic events of a lifetime say: Take it or leave it. we have seen it happen—and they are force people into bankruptcy court. The credit industry that wants this found to be responsible in a court of Most of them do not go there because bill refuses to concede the most basic law for their wrongdoing, and they are they want to. They are forced into that concessions to us when it comes to the held responsible for damages to be situation. This bill does not help them, disclosures they would make on credit paid, in many cases all they need to do does not protect them. Basically, it card solicitations and the monthly is file for bankruptcy, and they are vir- provides more power for the creditors statements on the bill so that con- tually discharged of all responsibility and less power for the debtors who find sumers can make a rational choice on that debt. themselves in these awful cir- about how much credit they can han- I think that is wrong. By a vote of 80– cumstances. dle. They basically have told us: This is 17 the Senate agreed with me. But Sen- An interesting thing has occurred it; take it or leave it. ator SCHUMER’s amendment did not since this debate started 3 or 4 years I think we should leave it. It is time survive this conference, and it is not ago. There was a lot of complaints for us as a Nation to say, yes, we can going to be considered. As a result, we about the number of bankruptcy filings reform bankruptcy but do it in a bal- find a situation where those who are going up in America in a time of pros- anced fashion. guilty of clinic violence, people such as perity. That was true. It is a strange I salute my colleague, the Senator Randal Terry and Flip Benham, have thing, but people get overconfident and from Minnesota, for his leadership. I usurped our clinic protection laws by they get too far in debt, and they can’t hope colleagues on both sides of the feigning bankruptcy. get out or they run into one of the aisle will think twice and join me in Did you know, even student loans are three catastrophes that I mentioned. voting against cloture. This bill needs not dischargeable under bankruptcy But something has happened. further debate, the debate it did not under chapter 13? Yet these folks have In the first 37 weeks of this year, have in conference committee. I hope been engaged in violent activity, found 861,846 people filed for bankruptcy. we can come up with a better work guilty by a jury of their peers, and use That is a lot of people. But basically product. this bankruptcy code as a shield. the number of bankruptcy filings is on I yield the floor. I tried to add some provisions in the a decline. According to a study by the The PRESIDING OFFICER. The Sen- Senate bill that gave the bankruptcy University of Maryland’s Department ator from Minnesota. judges more flexibility in applying a of Economics, ‘‘Remarkably, there Mr. WELLSTONE. Mr. President, I means test for moderate-income debt- have been 138,000 fewer personal bank- will take 1 minute because our leader ors. It was stricken from the bill. ruptcies in the current year to date is on the floor. Who actually files for bankruptcy? It than during the corresponding period I thank Senator DURBIN. I only heard is interesting to see. You might think of 1998, a cumulative decline of greater part of what he said but the conclusion that it is the high rollers, but it turns than 15 percent in the per capita bank- especially. I will build on what he said, out to be some of the poorest people in ruptcy rate.’’ So that says to us, the except I won’t do it as well. America. The average income of people explosive growth of bankruptcies has Whatever Senators think about the filing for bankruptcy over the last 20 turned around. I cannot tell you ex- content of this bill—and there is much years continues to go down. That in- actly why, but that was one of the rea- to question—it is a much worse bill come, at this point, is below $25,000 a sons why we even started discussing than the bill passed by the Senate be- year for the people who are filing for this bill. fore. Senator DURBIN has more credi- bankruptcy. It was told to us by the White House bility on this because he worked on the Why do people file for bankruptcy? and the chief of staff of the President, original bankruptcy bill and was re- Some of them may have calculated John Podesta, the President will veto sponsible for much of its content which how they can come out ahead by doing this bill as written. I hope he does. I was much better than what we have it. But look at what happens in most hope those who support meaningful seen in recent days. This is a mockery cases. Older Americans are less likely bankruptcy reform, balanced bank- of the legislative process. Any minor- to end up in bankruptcy than younger ruptcy reform, will realize we cannot ity, any Senator, anyone who loves this Americans, but when they do file, 40 go through this process on a slam institution, can’t continue to let peo- percent of them give medical debt as dunk, take it or leave it; Republicans ple in the majority take a conference the reason for filing. Elizabeth Warren will meet and decide—and Democrats report, gut it, and put in a whole dif- of Harvard tells us, overall, 46 percent will be left out—and pass a bill of this ferent bill, and then bring it here and of the people filing for bankruptcy do significance. jam it down everybody’s throats. I cer- so because of medical debt. The groups that oppose this include tainly hope Senators who care about We spent a lot of time on the Senate not only the AFL-CIO, representing this legislative process, and who care floor talking about hospital bills and working men and women across Amer- about the rights of the minority and

VerDate 31-OCT-2000 01:29 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.027 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11401 about a public process with some ac- commitment to education in our Na- Let us make absolutely certain that countability, will at least vote against tion’s history. That was what was on when we come back early next year, we cloture. I think that is almost as im- the table. enact the Patients’ Bill of Rights. That portant an issue as the content, in Of course, as we negotiated these is a tombstone for the 106th Congress. terms of the future of this body. I am very complicated and controversial Hate crimes, judicial nominations, the not being melodramatic about it. I provisions dealing not only with edu- Medicare drug benefit, gun safety: all hope we will have good support in the cation but whether or not we can pro- are tombstones to inaction. All are a vote against cloture, much less the tect worker safety, all of those issues recognition of the failure of this Con- vote against the final product. I hope had to be considered very carefully. It gress to come to grips with the real tomorrow we will be able to stop this. was only with the admonition of all the problems our country is facing, a real- I yield the floor. leaders to give and to try to find a way ization that now there is not much we The PRESIDING OFFICER. The mi- to resolve our differences that we were can do anything about, except to re- nority leader. able ultimately to close the deal, re- dedicate ourselves to ensure that we f solve the differences, and move forward will never let this Congress again take with every expectation that the Senate LABOR-HHS NEGOTIATIONS up issues of this import and leave them and House would then be in a position buried in the legislative graveyard. Mr. DASCHLE. Mr. President, I will to vote on this historic achievement as Let us hope that we can revive school use my leader time to depart from the early as Tuesday afternoon. modernization and smaller class size. ongoing colloquy with regard to the That is what happened. Let us hope that somehow, in the in- cloture vote on the bankruptcy bill to So instead, today we are debating terest of doing what is right—we recog- talk about the status of negotiations cloture on the bankruptcy conference nize how close we were Monday night, on the Labor and Education bill that report when we could have had an in- we recognize how important it is that has been the subject of a good deal of credible opportunity to put the pieces we not give up, we recognize how crit- discussion over the last several days. together to give children real hope, to ical it is that something as important I think the headlines give us the cur- give school districts all over this coun- as education will not be relegated to rent state of affairs with regard to the try for the first time the confidence this legislative graveyard, or any bill probably as succinctly as any head- they need that they can address the other. Let us hope that in the interest line can. The Washington Post, from a myriad of problems they are facing in of our children, in the interest of rec- front page story above the fold this education today; to say, yes, we are ognizing the importance of bipartisan morning, simply stated the fact: going to commit, as we have over the achievement in this Congress, that we ‘‘Budget Deal is Torpedoed by House last couple years, to ensure we have will do what is right, that we will take GOP. Move by leadership angers nego- the resources to reduce class size and these headlines and turn them around tiators on both sides.’’ That was the to hire those teachers and to break and change them into headlines such as Washington Post. through, finally, on school moderniza- ‘‘GOP Leaders And Democratic Leaders The Los Angeles Times said it as well tion and school construction. We could Agree on Budget Deal,’’ or ‘‘Demo- in their headline: ‘‘GOP Leaders Scut- have addressed the need for 6,000 new cratic Leaders And Republican Leaders tle Deal in Budget Battle.’’ They go on schools with the modernization plan Agree To Historic Education Achieve- to describe exactly what happened in that was on the table when the collapse ment’’; with editorials that would say the budget battle on education over the occurred. to the effect that, at long last, we have course of the last several days. I come to the floor dismayed, dis- given children hope all over this coun- The Washington Times had virtually heartened, and extraordinarily dis- try and we have given schools the op- the same headline, which simply read: appointed that this had to happen, that portunity to reduce their class size and ‘‘House Leaders Spike Deal On Budg- the House leaders, House Republican improve educational quality without et.’’ leaders, spiked a deal that could have exception. The only word missing in most of created this historic achievement. That is still within our grasp. I must these is the word ‘‘education.’’ Because What do we tell the schoolteachers? say, the tragedy of all tragedies would that is what the budget was about, the What do we tell the students? What do be, somehow in the name of partisan- fight was about what kind of a commit- we tell all of those people waiting pa- ship and in the name of whatever comment to education we ought to be mak- tiently and expectantly, who are hop- petition some may feel with the admin- ing in this new fiscal year, now well ing we could put partisanship aside and istration on this or any other issue, underway. This is the last day of Octo- do what we came here to do. Forget the that we fail to do what is right; we fail ber. Of course, the fiscal year began on rhetoric, forget the conflicts, forget all to make a commitment that we know the first day of October. While the the things we were supposed to forget we can; and that we end up building headlines didn’t say it, this is what in bringing this accomplishment about. more monuments to the lack of they were talking about. I don’t know where we go from here, progress and real commitment to the We had a bipartisan plan that was but this is part of a pattern. It isn’t issues about which people care most. worked out over the last several days just education. There is an array of Mr. President, I come to the floor with great effort on the part of Chair- other issues. And perhaps this is an ap- with the expectation that we can over- man STEVENS and Chairman YOUNG, propriate day to remind my colleagues come the obstacles that remain and we certainly on the part of Senator BYRD, of, once again, the GOP legislative truly can make a difference on edu- Senator HARKIN, Congressman OBEY. graveyard. We can put up, perhaps, an- cation in this Congress. They worked until 2:30 Monday morn- other tombstone today. I yield the floor. ing to craft what arguably could have I think we can still revive this. The PRESIDING OFFICER. The Sen- been the single most important invest- Somehow I think there is still a possi- ator from Minnesota is recognized. ment we will make in education in any bility that we can do this. I don’t know Mr. WELLSTONE. Mr. President, I fiscal year in the history of the United if it will happen this week—I don’t thank the minority leader for his States. That is quite a profound and know when it will happen—but I can’t words. dramatic statement. I don’t think it is believe we are going to turn away from I yield 10 minutes to the Senator hyperbole because we were prepared to having accomplished what we could from North Dakota, Mr. DORGAN. invest more in education, more in have accomplished with all of this. The PRESIDING OFFICER. The Sen- smaller classes, more in qualified Everybody understands that we may ator from North Dakota is recognized. teachers, more in modern school build- not have another chance. I am not pre- f ings, more in afterschool programs, pared to put education into the legisla- with a far better accountability pro- tive graveyard Republicans have cre- LEGISLATION LEFT UNDONE gram, with increased Pell grants, with ated. But there isn’t much chance we Mr. DORGAN. Mr. President, I lis- more investment for children with dis- are going to deal with pay equity this tened to my colleagues today—Senator abilities and those preparing to go to year. There is no chance we are going FEINGOLD, Senator DURBIN, Senator college than we have ever made in a to deal with campaign finance reform. WELLSTONE, and now the Democratic

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.029 pfrm01 PsN: S31PT1 S11402 CONGRESSIONAL RECORD — SENATE October 31, 2000 leader, Senator DASCHLE—talk about a The Patients’ Bill of Rights is an- They stood on the floor and said: If number of different issues. I want to other issue. We had sort of a mini de- you pass this, you will throw this coun- take a moment to discuss my dis- bate here in the Senate on that because try into a depression, and you are appointment, as we near the end of this it was judged that there wasn’t enough going to cost this country jobs, and legislative session, with what this Con- time to allow a robust debate. The Pa- you will just crater this country’s gress could have accomplished, what tients’ Bill of Rights was not consid- economy. we could have done for the American ered significant enough to allow a very Well, we passed it and guess what people, and what we left undone. robust debate on the different positions happened? The longest economic ex- I note that in this Presidential cam- of the Patients’ Bill of Rights. These, pansion in our country’s history. Un- paign Governor George W. Bush talks of course, are not just abstract discus- employment is down, inflation is down, about his desire to come to Wash- sions. The issue of whether we need a home ownership is up, personal income ington, DC, to serve in the White Patients’ Bill of Rights is a very sig- is up, welfare rolls are down, crime is House, and end the partisan bickering. nificant issue for a lot of American down, every single aspect of life in this As he says, he wants to ‘‘end all of the people who are not only battling can- country is better because of what we partisan bickering.’’ Well, it takes two cer, but also having to battle their did in 1993. to bicker and it takes two parties to HMO or insurance company to pay for Now comes George W. Bush and the bicker in a partisan way. needed medical treatment. Republican Party saying: Do you know We have almost, on occasion, had de- I have shown my colleagues many what we need to do now? We expect bate break out in the Senate on some times during discussions on the floor of budget surpluses in the next 10 years. very important issues. But we never the Senate a picture of Ethan Bedrick. We need to take a trillion and a half quite had that happen this year be- He was born with horrible difficulties. dollars and use it for tax cuts. Let’s cause we can’t get to an aggressive, ro- He was judged by his HMO to only have lock those tax cuts into law right now. bust debate on the things that really a 50-percent chance of being able to Well, a number of groups have pro- matter. walk by age 5, which means that his vided some very interesting analyses of My colleagues talked about the bank- HMO said a 50-percent chance of being this plan. Do you know what the threat ruptcy bill. How did they do the con- able to walk by age 5 was ‘‘insignifi- is? Providing substantial tax cuts, the ference on the bankruptcy bill? One cant.’’ Therefore, they withheld pay- bulk of which will go to the top 1 per- party goes into a room, shuts the door, ment for the rehabilitative therapy cent, will put us right back in the def- handpicks their members, and writes it that Ethan Bedrick needed. icit ditch we were in 8 years ago. by themselves. It is hard to have bick- An isolated story? No, it goes on in Don’t take it from me. The risks of this kind of fiscal policy were described ering, and it is hard to be partisan this country all too often, day after last week by the American Academy of when one party is doing the work be- day. I have told story after story on Actuaries, which is one of the most re- hind a closed door and saying to the the Senate floor about it. We weren’t spected nonpartisan organizations of fi- other party: Here it is; like it or leave able to get a final vote on this issue. We should have had a vote on the issue nancial and statistical experts. Their it. The tradition of debate in this coun- of a Patients’ Bill of Rights toward the report says the Bush plan would prob- try is the sound of real democracy. The end of the Senate session because we ably signal a return to Federal budget sounds of democracy results from would have had a tie vote, and the Vice deficits around 2015. I encourage anybody to read their bringing people from all around Amer- President would have sat in that Chair analysis. This is an independent, non- ica into our centers of discussion and and broken the tie. The Senate would have passed a real Patients’ Bill of partisan, respected group that says debate. From all of those areas of the Rights if given the opportunity to vote this tax cut proposal doesn’t add up at country—from a different set of inter- again. all; it doesn’t add up. ests and concerns, from the hills and Do you know why we weren’t able to One of the questions is, Do we want the valleys and the mountains and the do that? Because those who run this to jeopardize the economic expansion plains and different groups of people— place didn’t want a debate to break that has been going on in this country, we have ideas developed and nurtured out. So they managed the Senate in a the progress we have made in this and then debated. way that blocked any amendment from country, an economic plan that turned Someone once said: When everyone in being offered. Since September 22 until this country around? Do we want to the room is thinking the same thing, October 31, not one Member of the Sen- jeopardize that with a fiscal policy nobody is thinking very much. ate on this side of the aisle was allowed that doesn’t make any sense, that will We have people here who kind of like to offer one amendment on the floor of put us back into the same deficits? Or the notion that you must think the the Senate that was not approved by what about having a debate on the same thing. Apparently, Governor the majority leader. That is why a real question of Governor Bush’s proposal Bush thinks we must all kind of think debate didn’t break out on the issue of of taking $1 trillion out of the Social the same thing; we ought to stop all the Patients’ Bill of Rights. Security surplus and using it for pri- this disagreement. The issue of fiscal policy is impor- vate Social Security accounts for Disagreement is the engine of democ- tant in this country because we are younger workers? racy. Debate is the engine by which we now in the longest economic expansion This is what Governor Bush said decide what kinds of policies to imple- in our country’s history, and how to about that: ment and what course this country continue it is something we would . . . and one of my promises is going to be takes in the future. The issues on want to have an aggressive, robust de- Social Security reform. And you bet we need which we never quite had the aggres- bate on. The majority party said: Well, to take a trillion dollars out of that $2.4 tril- sive, robust debate that we should have all of this economic expansion is just lion surplus. had in this Congress include education. all accidental. It didn’t really result I don’t know whether Governor Bush Do you know that for the first time in from anything anyone did. knows this, but the trillion he is talk- decades this Congress didn’t reauthor- Well, of course, that is not true. We ing about is already pledged. The rea- ize the Elementary and Secondary Edu- passed a new economic plan in this son we talked earlier about putting So- cation Act? We didn’t pass it. Why? Be- country in 1993. cial Security surpluses in a lockbox is cause it was feared that when the bill In 1993, we had the largest deficit in we need them. The largest group of ba- was brought to the floor, people would the history of this country. This coun- bies ever born in this country will re- actually offer amendments. Then we try was headed in the wrong direction, tire in the next 10, 15, and 20 years. We would have to debate amendments and and a new Administration, President are saving to meet their retirement vote on amendments. God forbid a de- Clinton and Vice President GORE, said needs. That is the $1 trillion. You can- bate should break out in the Senate. So let’s change that; we have a new plan. not use it twice. It has been saved to the bill was pulled after a short debate. It was controversial. It was so con- meet the needs of the Baby Boomers, So we let the Elementary and Sec- troversial it passed by one vote in the which is what it was designed for, or ondary Education Act lapse. It just House and one vote in the Senate. Not you can take it away and use it for pri- didn’t get done. one Republican voted for it. vate accounts for younger workers,

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.033 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11403 which is what Governor Bush suggests. ily writing the final conference report, agreement has a number of items about If that is the case, you will short a faction within the House Republican which I have concern. For example, at change Social Security by $1 trillion. leadership, led by Congressman DELAY the insistence of Republicans, an im- You can’t count $1 trillion twice. and Congressman ARMEY, decided to re- portant regulation protecting workers I simply make the point that on the nege on our bipartisan compromise. As from workplace injuries such as carpal issue of fiscal policy, we should have I said yesterday, I hope, in the inter- tunnel syndrome was delayed yet had a real debate on the floor of this ests of our children and our country, again. We have delayed these worker Senate on fiscal policy. When Governor they will reconsider and let the bill go protections for 3 years now, and last Bush and others say they don’t like the forward. year’s conference report contained ex- partisan bickering, I don’t suppose None of us is happy with everything plicit language that they would not be anybody likes it in those terms. I like in this bill. That is what bipartisan delayed any further. Yet as part of the robust, aggressive debate. I think that compromise is all about. Overall, pass- give and take of the final negotiations, is the sound of democracy in this coun- ing this bill is in our Nation’s best in- language was included to delay imple- try. terests. menting this regulation until June 1. When people say they have plans to Right now, I will mention a few more Each year over 600,000 American take $1 trillion out of Social Security, details of the agreement we reached to workers suffer disabling, work-related I say let’s debate that. When they say demonstrate to my colleagues and the muskoloskeletal disorders, like carpal let’s have tax cuts that go to the upper American people why it is so impor- tunnel syndrome and back injuries. income people and I think that will put tant. There is a 16-percent increase Employers spend $15 to 20 billion a year the country back in a deficit ditch once overall in education; class-size reduc- just for workers compensation related again, I say let’s debate that. When tion, 35 percent more. That means to these injuries. The estimated annual they say we don’t have time to reau- 12,000 new teachers will be hired across total cost to workers and the Nation thorize the Elementary and Secondary America this next year. due to ergonomics is a high as $60 bil- Education Act because somehow it is There is a provision I have been lion, according to the Department of not important enough, I say that ought working on for 8 years called school Labor. So this is a major problem. to be the subject of aggressive debate modernization. There is $1 billion in- This proposal was initiated under in the Senate. cluded for school modernization, the Labor Secretary Elizabeth Dole in the Let’s not shy away from debate. Let’s first time we have ever had it. If the Bush administration 9 years ago. This understand what good, aggressive, hon- Iowa experience is any standard—and I is not a partisan issue. It is a worker est debate does for this democracy, and think it will be—this should generate protection issue plain and simple. let’s have a few debates from time to somewhere between $7 and $9 billion in Apparently, that is not good enough time on things that really matter. needed school repairs around the coun- for Mr. DELAY. He wants to kill this I yield the floor. try. The PRESIDING OFFICER. The Sen- important worker protection outright. Individuals with disability education ator from Iowa has 10 minutes. I do not see how we can face the 600,000 grants go from $4.9 billion to $6.9 bil- Mr. HARKIN. Mr. President, I was people who are injured each year and going to speak about the bankruptcy lion, a 40-percent increase, the largest say, ‘‘No, your health and your safety bill and how bad it is for working fami- in history, to help our local school dis- just aren’t important enough to be pro- lies, especially the elderly, and talk tricts educate our kids with special tected.’’ How can you say, with a about how most of the people who are needs; also, $250 million in funds to in- straight face that protecting these getting into bankruptcy situations are crease accountability and to turn workers from serious injury is a ‘‘spe- families who have unusually high med- around failing schools. That is almost cial interest provision. ical bills. That is true in my State of double what it was before. We had the So I again urge the House Republican Iowa, and many of these are elderly largest increase ever in Pell grants, to leadership to reconsider their decision people. I will talk about that as we go make college affordable to working to kill this important bill. We had a along. families. In this bill, 70,000 more kids good, honest bipartisan agreement. No- However, I have to take a few min- will be able to get Head Start, bringing body loved every part of it, but it was utes today to follow up on what our mi- the total in our Head Start Program to decided upon honorably and in good- nority leader, Senator DASCHLE, just 950,000 kids. faith. spoke about a few minutes ago. That is There is money in there for youth This is what the American people the status of the most important bill training and youth opportunity grants; want and need. They want us to work we have to pass, the education bill. a 66-percent increase in money for together in good faith and to come up One day has passed since Republican child care; community health centers, with a product that is in their best in- and Democratic negotiators came to up $150 million to $1.2 billion, meaning terest. A lot of sweat and debate and agreement on the health and education 1.5 million more patients can be served compromise went into doing just that. appropriations bill for this year. As I next year; the important low-income It is late, but it is not too late to bring said on the floor yesterday, the agree- heating and energy assistance pro- back our agreement. ment we reached was a product of long gram, $300 million more; Breast and I am confident we would have more and difficult bipartisan negotiations. cervical cancer screening, so that than enough votes in the House and Senator STEVENS, Senator BYRD, Sen- women can get the needed preventive Senate to pass it. And I have person- ator SPECTER, and I, along with Con- health care they need, an $18 million ally been assured by President Clinton gressmen BILL YOUNG, DAVE OBEY, and increase; NIH, a $1.7 billion increase, that he would sign it as it come out of JOHN PORTER, worked for months to the largest in our Nation’s history. committee. craft this agreement. We worked past Afterschool care is almost double; it We ought to do what is right. 1:30 yesterday morning to hammer out means 850,000 children will be served by I just learned a few minutes ago that the last remaining differences. As I afterschool programs. Also in the there is a possibility we are going to said yesterday, as with any honorable health end, 9,600 more research renege on the agreement that we compromise, both sides gave and got. projects, one of which could bring reached in conference; that the lan- At times, the negotiations got a little major medical breakthroughs in can- guage we adopted there is now being heated, but both sides hung in there. cer, heart disease, Alzheimer’s disease, changed to reflect original language In the end, we came up with a good or Parkinson’s disease. That is what is that we conferees talked about, fought compromise. Chairman STEVENS and in this bill. Forty-two thousand more over, discussed, changed, modified over Chairman YOUNG led these final nego- women would be screened for breast a period of about—over a period of a tiations. They have been charged by and cervical cancer. That is cost effec- couple of months but finally, Sunday their leadership to come to closure so tive and saves lives. night, over a period of about 2 or 3 we can conclude our business and pass There are a lot of things in this bill hours. We finally reached language the bill. That is exactly what they did. that are too important to be destroyed with which everyone agreed. I am now Less than 12 hours after we reached by last-minute partisan politics. As I being told that language is being an agreement and our staffs were bus- said, nothing is perfect. The conference thrown out. It is being thrown out and

VerDate 31-OCT-2000 02:58 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.035 pfrm01 PsN: S31PT1 S11404 CONGRESSIONAL RECORD — SENATE October 31, 2000 we are going back to the initial lan- way in which this conference report, test and the safe harbor have been guage that was the source of the con- this bankruptcy bill harms the most written in a way that will capture tention. vulnerable citizens in this country, many working families who are filing If that is so then, indeed, we have people who find themselves in des- chapter 7 relief in good faith, but it ig- reached a very bad situation in this perate economic circumstances. nores the vast majority of the legisla- Congress. If this is what happens, what Please remember, Senators, 50 per- tion which still imposes needless hur- it means is when we go to conference cent of the people who file for chapter dles and punitive costs on all families with the House and we come up with 7 do it because of a medical bill that filing for bankruptcy, regardless of our compromises and we shake hands puts them under. Please remember: their income. Nor does the safe harbor on it, we sign our names to it, if you There but for the grace of God go I. apply to any of these provisions. happen to be in the majority, and you You can be as frugal as possible. You You might ask, why has the Congress want to change it, then tough luck; it can be prudent. You can try to manage chosen to be so hard on ordinary folks means absolutely nothing. We operate your family finances. And then you can down on their luck? How is it that this on our word around here. have a medical bill that can put your bill is so skewed against their interests The PRESIDING OFFICER. The time family under. It took my family, my and in favor of big banks and credit of the Senator has expired. parents, 20 years to pay off a medical card companies? My colleague, Senator Mr. HARKIN. Our word is our bond. bill of years ago. Many people cannot FEINGOLD from Wisconsin, spoke to When you can’t trust people to keep do that. They find themselves in a hor- that. It is because these families do not their word, this institution goes down- rible situation and then as a last re- have the million-dollar lobbyists rep- hill. I am afraid that is what is hap- sort, in order to rebuild their finances resenting them before Congress. pening now. and sometimes just stop the harass- They do not give hundreds of thou- The PRESIDING OFFICER. The Sen- ment by creditors, in order to get back sands of dollars in soft money to the ator from Minnesota. on their feet, people file for bank- Democratic and the Republican Par- f ruptcy. That is what this piece of legis- ties. They do not spend their days lation is all about—making it impos- hanging outside the Senate Chamber BANKRUPTCY sible for people who, through no fault waiting to bend a Member’s ear. Unfor- Mr. WELLSTONE. Mr. President, of their own, find themselves in ter- tunately, it looks as if the industry got first of all, let me thank Senator HAR- rible financial circumstances, unable to us first. Unfortunately, that is what KIN for his presentation. Let me thank to rebuild their lives and instead wind this is all about. other Senators who have spoken, both up essentially in debt slavery for the The proponents of this bill argue that about what has happened to the Labor, rest of their lives. people file because they want to get Health and Human Services appropria- I think one of the things that has out of their obligations, because they tions bill and also about this bank- helped us in this debate—because I am are untrustworthy, because they are ruptcy bill. I say to my colleague from confident Senators now see some of the dishonest, because there is no stigma Iowa, to tell you the truth, this is part harshness in this legislation—was a in filing for bankruptcy, but any look of the same pattern. He is talking May 15, 2000, issue of Time magazine. at the data tells us otherwise. about abuse of the legislative process, The cover story was entitled ‘‘Soaked In the vast majority of cases—again, talking about a complete breakdown of By Congress.’’ It deals with this bank- 50 percent of the cases—it is a medical bipartisanship, a complete breakdown ruptcy bill. bill that has put people under or the of trust. That is exactly what you have Although, frankly, not as harsh a main income earner has lost his or her here when you have a State Depart- version—it was a better version that job. There is a sudden illness, a major ment bill, a conference report that is Time magazine talked about—this arti- injury, major medical expenses, some- completely gutted, not a word in there cle was written by reporters Don Bart- one has lost their job, there has been a any longer about it, the only thing left lett and Jim Steele, who have, I think, divorce, and what we are saying to is the number, and then what is put in, won a Pulitzer for their work. They do these people is: We make it impossible instead, is a bankruptcy bill. Demo- great investigative research. It is a de- for you to rebuild your lives. But when crats were not consulted at all, in an tailed look at the true picture of who it comes to the lenders and the credit effort to jam it through. That is the files for bankruptcy in America. card companies, oh, it is a very dif- same principle. You will find a far different picture ferent story. I would think and hope every mem- in this Time magazine than the skewed In the interest of full disclosure, ber of the minority party who cares version that has been used to justify something that the industry is not about our rights, who cares about an this mean-spirited and harsh legisla- very good at, I want my colleagues to open legislative process, who cares tion. This article carefully documents be aware of what the credit card indus- about integrity of the political process, how low- and middle-income families, try is practicing, even as it preaches would vote against cloture tomorrow increasingly headed by a single person, its sermon of responsible borrowing. because my colleague is talking about usually a woman, are denied the oppor- After all, debt involves a borrower but the same process. tunity of a fresh start if this punitive also a lender. Poor choices or irrespon- It might sound very much like an in- legislation is passed. I hope Senators sible behavior by either party can side thing to people who are following will vote against cloture. make the transaction go sour. So how this. I know everything is focused on As Brady Williams, who is chairman responsible has the industry been? the election. But honest to God, Amer- of the National Bankruptcy Reform I suppose it depends on how you look ican people, it is not. When these kinds Commission, notes in the article, the at it. On the one hand, consumer lend- of decisions can be made by a few peo- bankruptcy bill would condemn working is terrifically profitable, with high ple with no sunlight, no scrutiny, no ing families: credit card cost lending, the most prof- exposure, you have a real abuse of the . . . to what essentially is a life term in a itable of all, except for maybe the process. What can happen is that usu- debtors prison. higher cost credit such as payday ally the people who are hurt are the Proponents of this legislation have loans. I guess by the standard of re- little people. tried to refute the Time magazine arti- sponsibility to the bottom line, this Let me tell you, the people who are cle. Indeed, during these final days of credit card industry has done a great involved in this kind of process, the be- debate you will hear the bill’s sup- job. hind-the-doors process, sticking stuff porters claim that low- and moderate- On the other hand, if you define rein in conference committees, gutting income debtors will be unaffected by sponsibility by promoting fiscal health conference reports, are folks who are this legislation. Colleagues, if you lis- among families, educating on the judi- well heeled, who have the lobbyists ten closely to their statements, you cious use of credit, ensuring that bor- who know how to work this process for will hear that they only claim that rowers do not go beyond their means, them. But the people who get hurt are such debtors will not be affected by the then it is hard to imagine how the fi- not involved at all. That is what I want bill’s means test. Not only is that nancial services industry could be big- to talk about. I want to talk about the claim demonstrably false, the means ger deadbeats.

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.038 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11405 According to the Comptroller of the of power in America where some peo- I appeal to my colleagues on the Currency, the amount of revolving ple—and I see the Chair is now looking basis of fairness. You might not agree credit outstanding, the amount of at me. I appreciate that because he ex- with me on the substantive argu- open-ended credit by credit cards being tends that courtesy to all of us. I never ments—although this bankruptcy bill extended increased seven times during mean my arguments personally, espe- is now worse than it was before; and I 1980 and 1995 and between 1993 and 1997. cially of colleagues I trust at a per- went over two provisions that have During the sharpest increase in bank- sonal level. In an institutional way, been taken out—but you might agree ruptcy filings, the amount of credit some people march on Washington with me just in terms of the rights of card debt doubled. It does not sound as every day. They are so well connected. a legislator and the way in which this if lenders were too concerned about the They have the lobbyists. They have the process ought to work. high number of bankruptcies. At least money. They make the arguments. This is an affront to this legislative it did not stop them from pushing cred- They have the prestige. They have the process. This makes a mockery of this it cards like Halloween candy. status. And that is what happened legislative process. This is a reform All of us know it: Our children are here. issue. You wonder why people are so the ones who are solicited; our grand- Up until this Time magazine expose, disillusioned and turned off about poli- children are the ones who are solicited. there were so many stereotypes and a tics in the country? Here is one good It is unbelievable. This industry feels lot of information about this legisla- reason why. People do not quite under- no responsibility, it feels no account- tion that was not accurate. As it turns stand how a State Department bill all ability, and in this one-sided, unjust out, it is imbalanced; it is unfair; it is of a sudden becomes a bankruptcy bill, piece of legislation, there is absolutely unjust; it is too harsh, too punitive, with a whole new set of provisions put no standard they are asked to live up and it is not right. This piece of legis- in unrelated to the original bill. And to. lation should not go forward tomorrow. I again say to my colleagues that the then an effort is made to jam it I have tried to make arguments to de- through here. People do not get that. case has been made that we have peo- fend this proposition, and other Sen- ple in the country who are abusing the It might be clever, I say to the ma- ators have as well. jority leader and others, but it does not system, but I have not seen any report What Senator FEINGOLD said is true. meet the test of representative democ- that has reported higher than 13 per- In a lot of ways, institutionally, not racy. It does not meet the test of the cent, and the American Bankruptcy In- one on one, this is also an example of Senate as a great institution. It does stitute says 3 percent. So much for an industry that has poured a tremen- not meet the test of what this legisla- that argument. dous amount of money into elections, tive process should be all about. It does Then we have an argument that an industry which has tremendous fi- not meet the test of how we can be- somehow these are people who feel no nancial clout. What in the world is come good legislators and good Sen- stigma, feel no shame. I have talked to someone to do when her family or his colleagues—I cannot believe it—and family is going under because of a med- ators. For that reason, I hope col- they say: Paul, my gosh, shouldn’t peo- ical illness? Fifty percent of bank- leagues will vote against cloture. ple manage their financial affairs, and ruptcy cases are filed as a result of I yield the floor and suggest the ab- if they don’t, shouldn’t they be held ac- that, and we are going to make it im- sence of a quorum. countable? Yes. Pass a piece of legisla- possible for these people to rebuild The PRESIDING OFFICER. The tion that does that, but do not pass a their lives? clerk will call the roll. piece of legislation that says to a fam- What is someone to do when the low- The assistant legislative clerk pro- ily which is in difficult, horrible finan- and moderate-income earners do not ceeded to call the roll. cial circumstances, through no fault of have this clout and do not have these Mr. SMITH of New Hampshire. Mr. its own, because of a major medical ill- connections? What are single-parent President, I ask unanimous consent ness or because someone has lost their homes to do, almost always headed by that the order for the quorum call be job or because there is a divorce, do not a woman? rescinded. make it impossible for them to file We should pass a bankruptcy reform The PRESIDING OFFICER. Without chapter 7 and then unable to make it bill, but this does not represent reform. objection, it is so ordered. through chapter 13 and then essentially One final thing, and I doubt whether f live a life of constant debt servitude, a I am going to get any Republican sup- WATER RESOURCES DEVELOP- life basically full of debt with no op- port, but I wish I would. I am not mak- MENT ACT OF 2000—CONFERENCE portunity to rebuild lives. ing a payback argument, and if I end REPORT We are stripping away the major up behaving differently, then call me a safety net, not just for the poor but for hypocrite, but this is no way to legis- Mr. SMITH of New Hampshire. Mr. middle-class people as well. That is late. President, I ask unanimous consent why so much of the religious commu- In the Senate, minority rights count. that the Senate now proceed to the nity opposes this. That is why so many You should not be able to take a con- consideration of the conference report women and children organizations op- ference report and then—it is not even to accompany S. 2796, the Water Re- pose it. That is why every consumer or- a question of putting a provision in, I sources Development Act. ganization opposes it. That is why the say to the Chair, that is unrelated to The PRESIDING OFFICER. The civil rights community is opposed to it. the conference report. In this case, it is clerk will report. The argument is then made that this a State Department conference report, The assistant legislative clerk read is a reform piece of legislation. How completely gutted—invasion of the as follows: can it be a reform bill when it is so one body snatchers—not a word left about The committee of conference on the dis- sided? How can it be a reform bill when the State Department. The only thing agreeing votes of the two Houses on the it is so punitive? How can it be a re- left is a bill number. Now it is bank- amendment of the House to the bill (S. 2796), form bill when, in the name of going ruptcy sent over here. The minority ‘‘to provide for the conservation and develop- after abuse—only a tiny percentage of was not even consulted. Senators ment of water and related resources, to au- the population—it casts such a broad should vote against cloture for that thorize the Secretary of the Army to con- net and will make it so difficult for so reason alone because the minority one struct various projects for improvements to rivers and harbors of the United States, and many families, especially middle-in- day is the majority the next and vice for other purposes,’’ having met, after full come, low- and moderate-income fami- versa, and we should respect each oth- and free conference, have agreed to rec- lies headed by women to rebuild their er’s rights. ommend and do recommend to their respec- lives? And how can it be called ‘‘re- Someone can say to me: Senator tive Houses that the Senate recede from its form’’ when it is so one sided and does WELLSTONE, you hypocrite. When you disagreement to the amendment of the nothing whatsoever to call this credit were in the majority, you did exactly House and agree to the same with an amend- card industry and these lending insti- the same thing; you, PAUL WELLSTONE, ment signed by a majority of the conferees tutions to accountability? were involved. I do not know of this on the part of both Houses. This legislation is unfortunately per- having been done. I cannot remember. I The PRESIDING OFFICER. Without fectly representative of an imbalance certainly never did it; never would. objection, the Senate will proceed to

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.040 pfrm01 PsN: S31PT1 S11406 CONGRESSIONAL RECORD — SENATE October 31, 2000 the consideration of the conference re- Mr. SMITH of New Hampshire. Yes, Frances River Basin and your frustra- port. as use din this section, the term re- tion with efforts to address this situa- (The conference report is printed in source improvement is intended to con- tion. Many communities across the na- the House proceedings of the RECORD of vey the concept of an improvement to tion simply do not have the financial October 19, 2000.) the natural resource. The alternative ability to provide the cost share for EXPORT OF WATER FROM THE GREAT LAKES interpretation would not be consistent Corps studies and projects. Because of Mr. LEVIN. Mr. President, the Water with the parallel directive that the this, Congress added an ‘‘Ability to Resources Development Act addresses standard embody the principles of Pay’’ provision to the Water Resources many of the water resource needs of water conservation. Development Act in 1986. This provi- our nation. But it also includes a provi- Mr. BAUCUS. I concur with this in- sion, which establishes procedures for sion relating to the export of water terpretation. reducing the non-federal share of water from the Great Lakes which needs Mr. LEVIN. I also wish to thank my resource development project costs for some clarification. Would the distin- colleague from Michigan for joining in distressed communities, has been guished chairman and ranking member the effort to clarify the intent of this amended several times subsequently. be willing to join Senator ABRAHAM provision. I still have reservations as These procedures, which are set by the and myself to clarify a few points to whether this provision represents Corps through regulation, take into about this language? the best approach to addressing the consideration local economic and fi- issue of water diversion and export Mr. BAUCUS. Mr. president, I would nancial conditions. be pleased to offer information about which faces the Great Lakes region This year, the administration’s this provision to my colleagues. today, but these clarifications of the Water Resources Development Act leg- Mr. SMITH of New Hampshire. I am intent of the provision relieve some of islative proposal contained an update also pleased to discuss this provision. my concern. to the Ability to Pay provision which Mr. ABRAHAM. I thank the chair- Mr. LEVIN. First, we need to make it included expanding its applicability to man, ranking member, and my col- clear that the phrase ‘‘and implemen- feasibility studies and additional league from Michigan. Mr. President, tation’’ in the findings of subsection(a) project types. The Senate Environment Senator LEVIN has been a leader in the does not constitute a ‘‘pre-approval’’ of and Public Works Committee further effort to protect the Great Lakes on a standards which are being developed by expanded the project types eligible and the Governors of the Great Lakes wide variety of fronts. Clearly today’s work will not completely guarantee this amendment to the Ability to Pay States. Would the chairman and rank- provision is contained in the Con- ing member concur that it is not the the protection of this great resource, but I believe it is a big step in the right ference Report. intent of this provision to grant pre-ap- Our intention is that these changes direction. I want to thank Senator proval to standards which we have not will result in the Ability to Pay provi- LEVIN for his help in this matter, par- seen? sion being used more frequently by the Mr. SMITH of New Hampshire. I ticularly for his work to eliminate the Corps and providing greater relief to would concur; it is not the intention of likelihood of unintended consequences communities that cannot meet ‘‘stand- the conferees that this provision be in- from this legislation. I look forward to ard’’ Corps cost-share requirements. terpreted as granting pre-approval to working with him in the future as we While I am not familiar enough with standards which have not yet been de- fight to protect this great resource. specifics of the Ten and Fifteen Mile veloped and which Congress has not re- THE TEN- AND FIFTEEN-MILE BAYOUS FLOOD Bayou project to judge the application viewed. CONTROL PROJECT Mr. BAUCUS. I echo the chairman’s Mrs. LINCOLN. Mr. President, as we of the Ability to Pay provision, I would sentiment. complete work on the Water Resources encourage the Corps to pay particular Mr. LEVIN. Would the chairman and Development Act (WRDA) of 2000, I attention to the applicability of the ranking member also concur that it is would like to bring the Senate’s atten- provision to this flood control project. not the intent of this provision to pre- tion to a project that is very important Mr. SMITH of New Hampshire. I also empt the need for future appropriate to a group of my constituents in Ar- appreciate the financial hardships congressional actions in this area? kansas: the Ten and Fifteen Mile faced by communities in West Memphis Mr. BAUCUS. I would concur. This Bayou project. The Ten and Fifteen as well as in many other areas of the language should not be interpreted as Mile Bayou project would provide flood country. I also expect that the amend- pre-empting the authority of Congress control to a poor, rural area in the Mis- ments to the Ability to Pay provision to approve or disapprove an interstate sissippi Delta that is oftentimes over- contained in this Conference Reports compact, international agreement, or looked while other projects in more af- will increase the Corps’ use of this pro- other such mechanisms of implementa- fluent, urban areas move forward. The vision and, thereby, the relief provided tion which properly fall under congres- Delta’s small farming communities and to communities with financial hard- sional authority. it is simply the in- poor minorities are the constituencies ships. tent of the conferees to encourage the most affected by the constant flooding In addition, it is important for Con- States to promptly take such actions that this project seeks to prevent. It is gress to monitor the implementation of to implement these standards as fall vitally important to the future of this the Ability of Pay provision. To accom- within their authority for management Delta region to alleviate these flooding plish this, the Senate Environment and of the water resources of their respec- concerns. Public Works Committee, of which I tive states and within the authority I have worked with the St. Francis am the chairman and Senator BAUCUS vested in them by the Water Resources Levee Board on this important project is the ranking member, will hold over- Development Act of 1986 for making de- since my days in the House of Rep- sight hearings next year on the Corps’ cisions regarding diversions of Great resentatives. Unfortunately, the re- historical and current performance as Lakes water. sources of this community are ex- it relates to the application of Ability Mr. SMITH of New Hampshire. I con- tremely limited and they are unable to to Pay provisions of the Water Re- cur with the ranking member’s inter- meet the cost share requirements of source Development Act. pretation. any federal program. Can the distin- Mrs. LINCOLN. I thank my col- Mr. ABRAHAM. On a second matter, guished Senator from Montana please leagues for their comments and I look this language uses the phrase ‘‘re- explain section 204 of the current forward to working with them on this source improvement’’ as one principle WRDA bill dealing with ‘‘the ability to important matter. in encouraging the states to develop a pay’’ provision? Specifically, I am in- PROGRAMMATIC REGULATIONS common conservation standard. This terested in hearing how this provision Mr. GRAHAM. Mr. President, I rise phrase is intended to embody the con- might help projects, like Ten and Fif- today with my colleague from Florida cept of improvement of the quality of teen Mile Bayou, that are needed but to clarify one section of the Water Re- the natural resource, not the develop- simply can not meet the cost share resources Development Act of 2000. Sec- ment of the resource. Is that the under- quirements. tion 2(h)(3)(C)(ii) includes language standing of the chairman and ranking Mr. BAUCUS. I appreciate your con- from the House clarifying the applica- member? cern about flooding in the Saint bility of programmatic regulations.

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.043 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11407 One of the most important elements of Names like Colonel Joe Miller, Dick In the words of President Lyndon B. the formula for success which brings us Pettigrew, Stu Appelbaum, and Tom Johnson: to the floor of the Senate with this Teets and will ring in Florida’s history If future generations are to remember us conference report today is the open as people who sacrificed personal gain with gratitude rather than contempt, we process used by the Corps of Engineers for the future of this project, people must leave them more than the miracles of to develop consensus positions on a who built consensus where none could technology. We must leave them a glimpse of course of action. I want to clarify my even be visualized, and people whose the world as it was in the beginning, not just colleague’s views on the language in expertise built the very foundation of after we got through with it. this section. Do you believe that this our plan to restore the Everglades. Today is the day we will make the language will limit the public’s ability Today, we are ending one chapter and choice to leave a glimpse of America’s to participate and comment on the de- beginning another in the history of Everglades as they were when we first velopment of project implementation America’s Everglades. found them for future generations—an reports, project cooperation agree- We are officially ending the chain of undisturbed river of grass, unmatched ments, operating manuals, and any events that we began in 1948 with the in serenity and beauty. other documents relating to the devel- authorization of the Central and Mr. BAUCUS, Mr. President, I rise to opment, implementation, and manage- Southern Florida Flood Control join Senator SMITH in supporting the ment of individual features of the Project which, according to the Na- conference report on S. 2796, the Water Plan? tional Parks and Conservation Associa- Resources Development Act of 2000. Mr. MACK. This language is not in- tion, brought the parks and preserves This conference report authorizes tended to affect the public’s ability to of the Everglades to a prominent spot projects for flood control, navigation, participate and comment on the devel- on the list of the 10 most endangered in shore protection, environmental res- opment of project implementation re- the country. toration, water supply storage, and ports, project cooperation agreements, We are beginning the chapter of res- recreation. The bill also modifies exist- operating manuals, and any other doc- toration. ing projects and directs the Corps to uments relating to the development, After 17 years of bipartisan progress study other proposed projects. All implementation, and management of in the context of a strong Federal- projects in this bill have the support of individual features of the plan. In addi- State partnership, we are seeing the a local sponsor who is willing to share tion, this language is not intended to dream that many of us shared in 1983 the cost of the project. expand any one federal agency’s au- become reality. Even a brief review of the projects thority. I share your view that the I want to speak for a moment about demonstrates the importance of pass- Corps’ open process is one of the most this unprecedented Federal-State part- ing this conference report. important aspects in building the con- nership. I often compare this unique A number of the projects are needed sensus which makes this Comprehen- partnership to a marriage. to protect our shorelines, along oceans, sive Everglades Restoration Plan If both partners respect each other, lakes, and rivers. strong. and pledge to work through any chal- Several of the navigation projects Mr. GRAHAM. Mr. President, Mem- lenges together, the marriage will be will ensure that our ports remain com- bers of the 106th Congress, thank you strong and successful. Today, we are petitive in the increasingly global mar- for this opportunity to stand before again celebrating the strength of that ketplace. you today as a proud Member of this marriage. Furthermore, the studies authorized body. We are on the verge of passing This legislation contains several pro- in the bill will help us make informed historic, comprehensive legislation to visions born out of the respect that decisions about the future use and restore America’s Everglades. sustains this marriage. management of our water resources. This is a dream I have had since It offers assurances to both the Fed- Let me mention two projects that are early childhood when I lived on the eral and State governments on the use very important for my state of Mon- edge of the Everglades in a coral rock and distribution of water in the Ever- tana. house. I witnessed the manipulation of glades ecosystem. First, the authorization for design It requires that the State govern- the Everglades from a serene, river of and construction of a fish hatchery at ment pay half the costs of construc- grass into a funnel built for human Fort Peck. This fish hatchery will tion. purposes. make good on a long awaited promise Over the decades, I joined other Flo- It requires that the Federal Govern- of the Fort Peck project; namely, more ridians in finding that moment of ment pay half of the costs of oper- recreational and economic opportuni- truth—the moment when we realized ations and maintenance. Everglades ties for the folks in eastern Montana. that our actions were destroying this restoration can’t work unless the exec- Fort Peck Lake is one of the greatest ecosystem which is the very heart of utive branch, Congress, and State gov- resources in our state. It not only plays Florida. I was proud to start the ‘‘Save ernment move forward hand-in-hand. a major role in power production and Our Everglades’’ program in Florida The legislation before us today accom- water supply, but it is an increasingly during my tenure as Governor. plishes this goal. I thank everyone who took that With the vote we are about to take— important center for recreation. People giant leap with me in 1983 to begin to to pass the Water Resources Develop- from around the state—as well as from do what appeared to be impossible—to ment Act of 2000—we are truly making around the world—come to Fort Peak make the Everglades look more like it history. for our annual walleye tournaments. had in 1900 than it did in 1983 by the We will be one step closer to restor- The local community really puts a year 2000. ing the damage done when humankind lot of effort into these tournaments. We have taken several first steps. had the arrogance to second-guess na- And they’ve put a lot of effort into the In 1992 the Kissimmee River restora- ture. Fort Peck hatchery. Communities tion project demonstrated that we can, With this project we are doing noth- across eastern Montana have raised in fact, restore portions of a damaged ing less than turning back time, refunds for the matching share of the ecosystem. turning this dying place to the wild project’s feasibility study. In 1996 the critical projects author- splendor of its past and in doing so, en- And the state legislature has contrib- ization allowed us to begin on projects suring its future. uted as well. It passed a special warm with an immediate benefit to the envi- If we accomplish the historic goal of water fishery stamp to help provide ad- ronment. That same year, we began the restoring America’s Everglades then ditional financial support for the ‘‘restudy’’ of America’s Everglades. today will be one our children and hatchery. I offer my thanks again to the people grandchildren will remember. The fish hatchery will help to ensure of Florida who toiled endlessly to They will look back on this as the the continued development of opportu- produce the consensus document, the day that our generation had the cour- nities at Fort Peck Lake. And it will Comprehensive Everglades Restoration age and the foresight to make a com- also represent a major source of jobs Plan which is the basis for the legisla- mitment to restoring one of America’s and economic development for this tion we will pass today. richest national treasures. part of the state.

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.028 pfrm01 PsN: S31PT1 S11408 CONGRESSIONAL RECORD — SENATE October 31, 2000 I would also like to point out the ment Act. So, I particularly acknowl- important element that separates this bill’s provision relating to the ex- edge and commend the effort that Jo- WRDA bill from all others and is what change of cabin sites leased by private Ellen and Peter devoted to making this makes it so historic. individuals on federal land at Fort conference report such a success. This bill includes our landmark Ever- Peck Lake. Mr. SMITH of New Hampshire. Mr. glades bill, S. 2797, the Restoring the The lake is surrounded by the President, at this time, I ask unani- Everglades, an American Legacy Act. Charles M. Russell National Wildlife mous consent that the conference re- It has been clearly demonstrated that Refuge. Yet, there are many private in port be adopted, the motion to recon- the Everglades are in great peril. With- holdings in the refuge. sider be laid upon the table, and that out acting now, we could lose what is This provision will allow the cabin any statements relating to this meas- left of the Everglades in this genera- leases to be exchanged for other pri- ure be printed in the RECORD. tion. But Congress is prepared to move vate land within the refuge that has The PRESIDING OFFICER. Without forward and make good on a problem higher value for fish, wildlife, and objection, it is so ordered. the Federal Government greatly con- recreation. By consolidating manage- The conference report was agreed to. tributed to causing. ment of the refuge lands, the provision Mr. SMITH of New Hampshire. Mr. It has been clearly demonstrated will reduce costs to the Corps associ- President, I wish to make a couple of that the Everglades is a Federal re- ated with managing these cabin sites. comments on the legislation that we sponsibility. Lands owned or managed It will also enhance public access to just adopted. This has been a long time by the Federal Government—four na- the refuge. coming. It is a culmination of some— tional parks and 16 national wildlife This exchange is modeled on a simi- actually, the Everglades portion of this refuges—compromise half of the re- lar project near Helena, Montana, legislation took a year of work. We had maining Everglades and will receive which Congress authorized in 1998. It a hearing in January at the Ever- the benefits of restoration. represents a win-win-win for the pub- glades. This is a very exciting time for The State of Florida has stepped up lic, the wildlife, and the cabin site own- those of us who have worked on this. I to the plate thanks to Gov. Jeb Bush ers. want to briefly give a quick overview and his legislature in Florida, on a bi- Mr. President, let me further men- of that and recognize a few people who partisan basis. tion a truly landmark provision in this have been involved. The Everglades portion of WRDA has conference report. In addition to the This is a good bill. I am proud that broad bipartisan support. Every major usual project authorizations contained we passed it. It is fiscally responsible. constituency involved in Everglades in a water resource development act, It recognizes our obligation to preserve restoration supports our bill. These bi- this report represents Congress with a one of the most important and endan- partisan and wide-ranging supporters historic opportunity. Title VI of this gered ecosystems in the Nation, if not include the Clinton administration, report contains the Comprehensive Ev- the world: America’s Everglades. Florida Governor Jeb Bush, the Semi- erglades Restoration Plan. I thank the Senate conferees—Sen- nole Tribe of Florida; industry groups, Restoration of the Everglades has ators WARNER, VOINOVICH, BAUCUS, and including Florida Citrus Mutual; Flor- been many years in the making. In the GRAHAM—for their hard work and dedi- ida Farm Bureau, the American Water 1970s, the State of Florida became con- cation. Works Association; Florida Chamber of cerned that the previously authorized I thank Chairman SHUSTER and the Commerce; Florida Fruit and Vege- Central and South Florida project was House conferees for their cooperation table Association, Southeast Florida doing too good a job at draining the as well. Utility Council, Gulf Citrus Growers swampy areas of the state. In fact, it I am proud of this bill. This is not a Association, Florida Sugar Cane was draining the life out of the Ever- bill that includes numerous unneces- League, Florida Water Environmental glades. sary projects. The committee estab- Utility Council, Sugar Cane Growers Our colleague from Florida, Senator lished some tough criteria, and we Cooperative of Florida, Florida Fer- GRAHAM, who was then Governor stuck to those criteria. tilizer and Agri-chemical Association; GRAHAM, began the effort to restore the I am proud that the conference agree- and many environmental groups. To Everglades by establishing the ‘‘Save ment on WRDA 2000 does not contain name just a few: National Audubon, Our Everglades’’ program. And Senator any environmental infrastructure National Wildlife Federation, World GRAHAM has worked tirelessly to projects. As those who requested such Wildlife Fund, Center for Marine Con- achieve restoration ever since. The projects know, the committee has a servation, Defenders of Wildlife, Na- comprehensive plan to restore this in- longstanding opposition to including tional Parks Conservation Association, valuable ecosystem that is contained environmental infrastructure projects the Everglades Foundation, the Ever- in the conference report before us is in WRDA. glades Trust, Audubon of Florida, 1000 the culmination of his work. Unlike what has happened in the Friends of Florida, Natural Resources In closing, I would like to thank the past, the Senate conferees were able to Defense Council, Environmental De- chairman of the Environment and Pub- hold firm, and the House accepted our fense, and the Sierra Club. It is pretty lic Works Committee, Senator SMITH, position, for which we are grateful. unusual to bring the support of that for his unwavering commitment to These types of projects, in my view, many people on a major environmental making this Water Resource Develop- should be funded through the State re- bill to the Senate. I am proud to do it. ment Act a reality. Further, I would volving loan funds and not by the The Everglades bill is a great model like to thank him for the personal in- Army Corps of Engineers. for environmental policy development. vestment he made in keeping this con- From the time this WRDA process It is cooperative. It is not prescriptive. ference report focused on projects cen- began, the committee received requests It is bipartisan, and it is flexible and tral to the mission of the Corps. to authorize more than 300 new adaptive. We can change things. If we I know he was under tremendous projects. By holding firm to our cri- don’t like what is going on, if some- pressure to open this report up to any teria—the conference report to thing isn’t working, we pull back and number of inappropriate provisions, WRDA—we were able to authorize 30 try something new. It establishes a but he remained steadfast in his oppo- new projects, 57 new feasibility studies, partnership between the Federal Gov- sition and he should be commended for and a number of other project-related ernment and the State and many other this. So, too, should his staff. They provisions. private groups as well. worked tirelessly to craft a Water Re- As I said before, Senator BAUCUS and Our colleagues in the House sug- sources Development Act of which they I are committed to examining next gested improvements to the Everglades can be proud. year the infrastructure issue, and other piece, and we made those. While it Finally, I would like to thank Jo- issues, relating to the operation and didn’t always look promising, we will Ellen Darcy and Peter Washburn of my management of the Corps. This will in- see this bill become law before we go staff for their dedication to this legis- clude hearings on the Corps reform. home, in the very near future, when lation. A tremendous amount of work Let me talk specifically for a mo- the House passes it and the President goes into a Water Resources Develop- ment on the Everglades. There is an signs it.

VerDate 31-OCT-2000 02:58 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.032 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11409 Last June, Bruce Babbitt called this say, What did I accomplish? I think we reality that the administration has no ‘‘the most important environmental will be very proud of the vote to save energy policy. The energy policy in legislation in a generation.’’ I agree. It the Everglades. I guarantee it. It will this country, for what it is worth, is took a lot of courage to work this be right up there at the top. Once those dictated by America’s environmental through. This passed the Senate 85–1. It Everglades are safe, we can say, when community. They accept no responsi- has broad support. And it will pass the time came to stand up and make a bility for the reality that we are short overwhelmingly in the House very difference, we did. of energy and becoming more and more shortly. When I became chairman, I promised dependent on foreign sources of oil. It is almost dangerous to mention to make the Everglades my highest pri- As we look at our economic pros- anyone because once you mention one, ority. I did. I also said we needed to perity over the past few years, there is you are sure to omit some very impor- look forward to the next generation, a growing concern that it might be tant contributors. So with apologies to rather than the next election, in envi- coming to an end, partially for lack of anybody I miss, I thank the late Sen- ronmental policy. a sound national energy policy. Look ator John CHAFEE because he started We are now poised to send the Presi- at the American consumers out there. this committee’s efforts on the Ever- dent a conference report on WRDA that They are finding themselves under the glades. I went to Florida in January. I has the support of every major south shadow, if you will, of a failed energy told the folks in Florida this would be Florida stakeholder, the State of Flor- policy. We have crude oil prices which my highest priority and there wouldn’t ida, and the administration. Restora- are remaining solidly at $30 plus a bar- be much difference between John tion of the Everglades is not a partisan rel but, remember, it was March of 1999 CHAFEE and Bob SMITH on saving the issue. We proved it. The effort has been when it was $10 a barrel. Everglades. I kept my word. bipartisan from the start. The administration blames ‘‘Big I thank the Senate conferees: sub- I congratulate my colleagues for dar- Oil.’’ They use the word ‘‘profiteering.’’ committee Chairman GEORGE ing to take the risk to support this Well, is the implication then, in March VOINOVICH, Senator JOHN WARNER, noble effort to save a national treas- of 1999, that ‘‘Big Oil’’ was giving us a ranking member Senator MAX BAUCUS, ure. We need to view our efforts as our gift of some kind, selling it to us at $10 Senator BOB GRAHAM from Florida. legacy to future generations, and this a barrel or was it supply and demand? I also thank Senator CONNIE MACK will be this Senate’s legacy to future Who sets the price of oil? Is it Exxon? and Governor Jeb Bush of Florida for generations. Is it British Petroleum? Is it Phillips? their unrelenting efforts on the Ever- I yield the floor. It certainly is not. We all know that. glades. Time and again we talked with The PRESIDING OFFICER. The Sen- It is from where we import the oil. It them. We kept working with them ator from Alaska is recognized. is Saudi Arabia. It is Venezuela. It is Mexico. They are setting the price of throughout. f From the administration, Carol oil. Why? Because we are approxi- ENERGY POLICY Browner has been very helpful through- mately 58 percent dependent on im- out this affair. Mr. MURKOWSKI. Mr. President, 4 ported oil. We are addicted to oil. We I thank Mary Doyle and Peter years ago, a theme in the election was, don’t produce enough, so we pay the Umhofer, Department of Interior; Joe ‘‘It’s the economy, stupid.’’ Well, that going price. If we don’t pay it, some- Westphal, Michael Davis, and Jim is true in this election, but there is body else will. Why has it gone up? The general Smythe from the Department of the something a little different: ‘‘It’s the economy of the world has gone up; Army; Gary Guzy from EPA; Stu energy crisis, stupid.’’ Japan has recovered; Asia, more de- Applebaum, Larry Prather, Gary The Vice President would have us think the economy is the issue that mand. We are a society that runs on Campbell and many others from the energy. All our communications, our Corps of Engineers; and Bill Leary will get him elected President, that he and President Clinton came up with a expansion, our e-mail, computers, all from CEQ. are dependent on energy. plan to tax gasoline and Social Secu- From the State of Florida, I thank So American consumers are finding rity benefits, and once he cast the tie- David Struhs, Leslie Palmer, and Ernie themselves in the shadow of a failed Barnett from the Florida Department breaking vote to increase your taxes energy policy, with crude oil prices at of Environmental Protection; Kathy and my taxes, interest rates came $30 plus a barrel—they have been up as Copeland from the South Florida Water down, the stock market went up, and high as $37 a barrel—and gasoline Management District. the economy prospered. prices averaging well above $1.50 a gal- I thank the Senate legislative coun- The Vice President and the Demo- lon for most of the year. In some areas, sel: Janine Johnson, Darcy Tomasallo, crats conveniently ignore the fact that they have gone up to nearly $2 a gal- and Tim Trushel. the economy had already begun posting lon. I thank the following staff members: strong growth before Clinton-Gore The sleeper here is natural gas. from Senator GRAHAM’s staff, Cath- took office. That may sound like old Americans haven’t awakened yet to arine Cyr Ranson and Kasey Gillette; hat, but the President’s budget plans the reality that natural gas prices have Senator MACK’s staff, C.K. Lee; Senator never once mentioned a balanced budg- more than doubled. Ten months ago, VOINOVICH’s staff, Ellen Stein and Rich et as a policy goal at that time. In- they were at $2.16 per thousand cubic Worthington; Senator WARNER’s staff, stead, those budget plans predicted an- feet of gas. Deliveries in November of Ann Loomis; Senator BAUCUS’ staff, nual deficits of $200 billion a year well this year, just beginning tomorrow, Tom Sliter, Jo-Ellen Darcy, Peter into the future. were at one time in the area of $5.30 to Washburn, and Mike Evans; and my As my colleagues and good friends $5.40. I would remind my colleagues staff, Dave Conover, Ann Klee, Angie Senator DOMENICI, Senator GRAMM, and that 50 percent of the homes in this Giancarlo, Chelsea Henderson Maxwell, others pointed out last night, the cred- country heat on natural gas. Stephanie Daigle, Tom Gibson, and Jeff it for our booming economy ought to U.S. consumers have dealt with elec- Miles. be given to a couple of people. Specifi- tricity price spikes and supply disrup- It was a great bipartisan effort. In cally, one is Dr. Alan Greenspan and tions. All you have to do is go to San spite of many roadblocks over the past the Federal Reserve, for a sound fiscal Diego, California; you will get a flavor several months, we were able to work policy that prevented the onset of infor what is happening. You can’t get a this bill through in a bipartisan man- flation. As we know, Greenspan has permit to put in a new generating ner. I am truly grateful to everyone on been around a long time. plant. Consumers are facing brownouts both sides of the aisle for their tremen- Further, a Republican Congress de- as a consequence and prices are going dous support through a very difficult serves some credit for putting controls up. People are closing their businesses. effort. There were literally hundreds of on Federal spending and turning the They cannot pay, in many cases, the projects that the staff had to pore deficit into a surplus. rates that are being charged in that through, and we did it. I will not spend a lot of time today particular area of California. When we look back on our careers, on that subject because I rise to talk Heating oil inventories—which we when we leave here and look back and about energy. I want to talk about the are concerned about, particularly in

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.046 pfrm01 PsN: S31PT1 S11410 CONGRESSIONAL RECORD — SENATE October 31, 2000 the Northeast, where there is such de- line, electricity, home heating oil, or which is responsible for the incredible pendence on heating oil—are at the natural gas. prosperity of the past decade, can begin lowest level in decades. In fact, when Recently, Fed Chairman Alan Green- to slow down and is beginning to slow the President proposed the sale of span indicated rising energy costs down. Nobody really wants to face up SPR—30 million barrels from the SPR would push up the cost of consumer to that because times have been good, reserve in Louisiana—and then initi- goods. Why? Delivery costs are associ- but everything changes and nothing ated an action to order the transfer of ated with movement of these goods to stands still. that crude oil into refineries, we sud- market. We are seeing that as a re- What has been the response of the ad- denly found that we had another prob- ality. Wholesale prices, in September, ministration? Well, the administra- lem—we didn’t have refining capacity; increased nine-tenths of 1 percent, led tion, of course, wants to take credit for they were operating at about 96-per- mainly by a 3.7-percent increase in en- the economic growth of the past few cent capacity. We took this additional ergy costs. Where I come from that is years, but they try to duck the respon- oil out of SPR and we found out we called inflation. You don’t need an eco- sibility for the impending energy crisis could not refine it without displacing nomic degree to see it; the math is sim- that threatens to bring this period of other imported oil. ple. Higher natural gas prices, plus prosperity to an end. The administra- This was testimony in the House and higher oil prices, plus higher gasoline tion has consistently restricted our en- Senate. In the hearing I chaired as and fuel oil prices, plus higher electric ergy supply and forced higher energy Chairman of the Energy and Natural prices, equals renewed increasing infla- prices on consumers. They have specifi- Resources Committee, testimony indi- tion. We haven’t poked that tiger in cally opposed domestic oil exploration cated there would be, out of the 30 mil- the ribs for a long time, but we are and production. We have 17 percent less lion barrels, about 3 to 5 million bar- poking him now and he is waiting. domestic oil production—less produc- rels of distillate. We asked the Under Somebody called him a ‘‘sleeping drag- tion—since President Clinton and Vice Secretary of Energy: How much heat- on’’ who has been sitting around for President GORE took office. ing oil are you going to get out of 3 to the better part of a decade. As we poke We have had 136,000 oil and 57,000 gas 5 million barrels of distillate? Frankly, him in the ribs with higher energy wells close in this country since 1992. he didn’t know. prices, we are going to face reality, We have tremendous coal reserves in There was another hearing going on which is an impact on the economy this country, but the administration is in the House, and witnesses from the both here and in countries around the opposed to the use of that coal. We same Department of Energy indicated world. haven’t built a new coal fired plant there would be approximately 250,000 A significant number of Fortune 500 since the mid-1990s. EPA permits make barrels. A 1-day supply of heating oil in companies have reported third quarter it absolutely uneconomic. You can’t the Northeast is about a million bar- earnings under expectations, largely get permits. The nuclear industry, rels. So it is somewhere between a half due to the increased energy costs. Have which is about 20 percent of the power day’s supply and 2 to 3 days’ supply. you taken an airplane ride lately? You generated in this country, is choking This was all a result of the falderal as- can’t figure out the fares, whether you on its own waste. sociated with the release of the SPR. fly Saturday before 2 o’clock or Thurs- We are one vote short in this body of The objective of the SPR release was day after 5 o’clock; but there is a sur- overriding a Presidential veto. Every to increase the heating oil supply in charge included in your fare. If you Member who voted against it should re- the Northeast Corridor. Did it occur? It want a Washington, DC, taxi, there is a member that. You have a responsi- clearly did not. Was there manipula- surcharge. There is a sticker in the cab bility. If you don’t get your electric tion of price? To some extent. It was that says the fares are up 50 cents or so power from nuclear, from where are $37 and it dropped down to $33, or because of the cost of gas. Every busi- you going to get it? You better have an thereabouts, on that announcement. ness is facing these costs. Fuel costs answer because when constituents have But it clearly didn’t increase the sup- put the brakes on truckers’ profits. a brownout, they are going to ask why. ply of heating oil, and that was the ob- Furniture manufacturers have cut There is a court of appeals liability jective. Currently, I am told the price earnings projections. We have seen case associated with the nuclear indus- of crude oil is $33.75 a barrel, but let’s truckers come into Washington and try where the court said that the Fed- remember from where we started—$37 drive trucks across the lawn, and they eral Government made a contractual per barrel. were talking about the high price of commitment to take the waste in 1998. The nice thing about what the OPEC diesel fuel. They say high gas prices The Federal Government chose to ig- nations have done is they have gradu- are restraining shoppers from buying nore that liability to the taxpayers of ally assimilated a price increase so it furniture and other big-ticket items. somewhere in the area of $40 billion to doesn’t hurt so bad. Remember, it was Well, many analysts predict high oil $80 billion. Nobody bats an eye here. $10 a year ago. Then it got up to $17, prices could reduce U.S. economic What is the sanctity of a contract? I $18, $19, and then up to $22. At $22, growth by as much as 2 percent this know it means something to the occu- OPEC advised us they were going to year. What does that mean? Over the pant of the chair and to me. The court put in a floor and a ceiling. The ceiling next five years, that would mean a loss said the Government should keep its was $28; the floor was $22. That worked in the GDP of about $165 billion a year, word, but the Government simply ig- so well they moved it up beyond $28. and about 5.5 million fewer jobs. We nores it. Somebody else is going to Now they are in the low thirties. Well, face an increasing balance of payments have to take care of it on another the sky is the limit. from our ever-increasing reliance on watch. The point is that the administration foreign oil. That is a balance of pay- They also threaten to tear down hy- has no energy policy. Now, how long ments deficit. droelectric dams out West. There is a has it been going on? We point fingers Our trade deficit hit an all-time tradeoff. Tear down those dams, and we here, and it is easy to do, particularly record in July of this year, pushed by don’t have navigation on those rivers. in a political season. But we really the cost of imported oil. One-third of Where do we put the barge traffic? We don’t have a strategy. We need a strat- our trade deficit is the cost of imported put the traffic back on the highways. egy because the cost of increasing en- oil. We also face the prospect of, frank- What is the implication of that? You ergy, the shortage of energy, and the ly, an unreliable electric supply, weak- can move an awful lot of material on increased dependence on imports is a ening the backbone of the new econ- barges. If you move that same material compromise of our national security. omy. on highways, you are going to create Moving from national security back Most people don’t realize that high traffic problems, pollution problems, to the economy, economists now be- tech means high electric usage, more and so forth. lieve the increased energy prices could computers, more e-mail, more taxes. We ignored electric reliability and very well lead to a slowdown in con- From where will it come? Add these to- supply concerns with the brownouts in sumer spending. Consumers are likely gether and you have the makings of an San Diego. We have had no new genera- to cut back in other areas to offset the economic slowdown, meltdown—call it tion of transmission facilities, yet the higher prices they are paying for gaso- what you like. The economic engine, consumer market has grown. The Vice

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.050 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11411 President has said he will even go fur- house gases. Governor Bush would en- the Organization of Petroleum Exporting ther to restrict new oil and gas explo- courage new domestic oil and gas ex- Countries (OPEC). Big oil companies and ration and production. In Rye, NH, on ploration right here at home. He has government policy makers also bear a heavy responsibility, voters say. October 21, 1999, Vice President GORE said: The only way to become less de- By nearly a 3-to-1 margin, voters say that made the following statement: pendent on foreign sources of crude oil US friends such as oil-rich Saudi Arabia and I will make sure that there is no new oil is to explore here at home. Kuwait are not doing enough to keep energy leasing off the coast of California and Flor- Just opening the ANWR Coastal prices down. ida and then I will go much further. I will do Plain in my State increases domestic The No. 1 priority for dealing with US en- everything in my power to make sure that production capability by better than a ergy needs should be the development of new there is no new drilling off these sensitive million barrels a day, more than twice technologies, voters say. New technologies areas, even in areas already leased by pre- the amount we currently import from are more important than either boosting US vious administrations. oil production or conservation. Iraq. Growing public pressure to boost fuel re- That doesn’t sound very good, when I ask unanimous consent to have most of our oil is coming from the Gulf quirements for SUVs comes as something of printed in the RECORD an article that a surprise. For more than a decade, the vehi- of Mexico. was in the Christian Science Monitor cles have been family favorites for hauling On energy, there is a clear distinc- on October 18 of this year. They did a everything from plywood from Home Depot tion between the two sides. The dif- poll on the issue of whether or not to camping gear on holiday outings. ference between Vice President GORE ANWR should be open. But the hefty vehicles drink lots of fuel. and Governor Bush could not be more There being no objection, the mate- The mighty Lincoln Navigator that tips the scales at 5,746 pounds, for example, gets just clear. The Bush proposal is $7.1 billion rial was ordered to be printed in the over 10 years; the Gore proposal is 10 12 miles per gallon in the city, 17 on the RECORD, as follows: highway, with its 5.4-liter V8 engine. times that amount, some $80 to $125 [From the Christian Science Monitor, Oct. The more-popular Chevy Blazer—a mere billion. The Vice President has said he 18, 2000] two tons of steel, rubber, and plastic—gets has an energy plan that focuses not PUBLIC WANTS SUVS TO GUZZLE LESS just 15 miles per gallon in the city, 18 on the only on increasing the supply but also (By John Dillin) highway. working on the consumption side. Under federal rules, automobiles from each The facts show the Vice President ABSTRACT manufacturer are required to get an overall doesn’t necessarily practice what he Americans, by a 2-to-1 margin, say that average of 27.5 miles per gallon—twice what with gasoline prices up, they favor govern- preaches. The Vice President wants to cars got in 1974. But as carmakers have ment action that would force automakers to downsized and lightened their vehicles to raise prices and limit supply of fossil boost the gas mileage of the wildly popular meet this standard, consumers who wanted energy which makes up over 80 percent sport utility vehicles. Congress has firmly more size and power switched to minivans of our energy needs. By discouraging resisted attempts to boost mileage require- and SUVs. domestic production, the Clinton-Gore ments for SUVs. The federal government cooperated with administration has forced us to be Growing public pressure to boost fuel re- this sleight of hand by classifying minivans more dependent on foreign oil, placing quirements for SUVs comes as something of and SUVs as ‘‘trucks,’’ even though they our Nation’s security at risk. All we a surprise. For more than a decade, the vehi- were being used primarily as passenger vehicles have been family favorites for hauling have to do is witness the growing influ- cles. Since the standard for trucks was only everything from plywood from Home Depot 20.7 miles per gallon, that overall require- ence of Iraq, Saddam Hussein, and the to camping gear on holiday outings. ment was easier for manufacturers to meet. Middle East as a result of our increas- The federal government cooperated with The impact on America’s gasoline usage, ing dependence on foreign oil. How can this sleight of hand by classifying minivans however, was significant. Average vehicle we be an honest broker in the Middle and SUVs as ‘‘trucks,’’ even though they performance in the US has fallen steadily East peace process when we are be- were being used primarily as passenger vehi- from a high 26.2 m.p.g. in 1987 to only 24.6 holden to Israel’s sworn enemy, Sad- cles. Since the standard for trucks was only m.p.g. in 1998. Today’s shortages and higher dam Hussein, to keep our citizens 20.7 miles per gallon, that overall require- gas prices are one result. ment was easier for manufacturers to meet. On this issue—as on several energy issues— warm this winter? there are often differences of opinion among We currently import 600,000 barrels a A majority of adults say they’d be willing voters. day from Iraq. The Vice President’s to drive a more fuel-efficient vehicle to con- A college history professor in California, only answer is to give solar, wind, and serve energy. But many also support drilling one of those surveyed in this poll, says she is biomass energy technologies that are in Alaskan wildlife refuge. sympathetic with those who buy the larger not widely available or affordable. We The United States could soon get tough on vehicles. have expended $6 billion in a combina- those big, gas-hungry SUVs. ‘‘It’s not really fair to criticize SUV own- Americans, by a 2-to-1 margin, say that tion of grants and subsidies for alter- ers,’’ she says. ‘‘I don’t care what anybody’s with gasoline prices up, they favor govern- driving as long as they’re not driving over native energy. I am all for these alter- ment action that would force automakers to me.... Sometimes people need a larger car native energies, but they still consist boost the gas mileage of the wildly popular for extenuating circumstances.’’ of less than 4 percent of our energy. It sport utility vehicles. Congress has firmly While 63 percent of likely voters in this is incomprehensible to me that we resisted attempts to boost mileage require- poll favored boosting the mileage require- would fail to recognize that we have to ments for SUVs. ment for SUVs, 29 percent disagreed. rely on our conventional sources—oil, With petroleum imports rising, voters also Sentiment to boost mileage requirements natural gas, hydroelectric, and nuclear. say they now support opening the Arctic Na- was highest among liberals (77 percent favor tional Wildlife Refuge in Alaska for oil and higher mileage rules), Democrats (74 per- The Vice President seems to have for- gas exploration. Throwing open ANWR to oil cent) and those between the ages of 55 and 64 gotten these basic sources of energy. drillers is a sensitive issue in this year’s (75 percent). Support for changing the law As a matter of fact, we need a mix of presidential race. Republican George W. was weakest among conservatives (only 54 all of the above. Bush is for it. Democrat Al Gore is against percent favor a change), younger Americans In contrast, Governor Bush would put it. (59 percent), and Republicans (52 percent). together a comprehensive energy pol- The newest Christian Science Monitor/ Another surprise was the solid support (54 icy for America that uses the fuels of TIPP poll explored a broad range of energy percent to 38 percent) for oil drilling in the today to get the technologies of tomor- issues with a cross-section of 803 likely vot- Arctic National Wildlife Refuge. ANWR’s ers in the US. coastal plain could hold as much oil as Alas- row. The energy policy would contain The survey probed the public’s willingness ka’s highly productive Prudhoe Bay. three major components: First, in- to use mass transit and to buy smaller cars Yet the refuge also shelters polar and griz- creased domestic production of oil and to save energy. It looked at who is to blame zly bears, caribous, wolves, and many other natural gas to meet today’s consumer for rising prices. And it tested the willing- species in one of the most pristine areas in demands for energy; second, increased ness of Americans to use military power to the US. use of alternative fuels and renewable keep oil resources flowing in times of crises. Raghavan, Mayur, president of TIPP, a energy to help us transition into the There were some sharp differences—often unit of TechnoMetrica Market Intelligence, along party lines—in the Monitor/TIPP poll, conducted the poll for the Monitor. Mr. technologies of tomorrow; third, im- as well as broad agreements. Mayur says divisions are sharp on this issue: prove energy efficiency to save Amer- Some of the findings: ‘‘To drill or not to drill the Arctic refuge ican consumers money and reduce Voters agree that the primary culprits in is the same as asking are you a Bush sup- emissions of air pollutants and green- higher prices for energy are the members of porter or a Gore supporter.’’

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.052 pfrm01 PsN: S31PT1 S11412 CONGRESSIONAL RECORD — SENATE October 31, 2000 Other poll responses: cent of the total crude oil produced in The Vice President said during his Who is responsible? The public points the this Nation for that period of time. first debate: finger primarily at OPEC (34 percent), but oil They said it was only going to produce We have to bet on the future and move companies (28 percent), and the govern- away from the current technologies to have ment’s energy policies (21 percent) also 10 billion barrels. It has produced 12 a whole new generation of more efficient, shoulder the blame for rising prices. billion barrels so far and still produces A sales representative in Conyers, Ga., a million barrels a day. cleaner energy technologies. says higher prices should have been foreseen The prospects of finding oil domesti- I buy that, and so does the American with a growing economy, and Gore should cally, in the volumes we are talking public. But he forgets to be specific: have tackled it. Ultimately, she said, ‘‘oil about, in this small sliver of the Coast- Where? How? Why? How much? Where companies are probably more responsible al Plain are very good. As a con- are you going to get the energy? than anyone else.’’ sequence, it is rather comforting to I think we all agree in this case our Will fuel prices hurt? Voters are almost energy strategy should include im- evenly split on whether rising fuel prices will note that a distinguished periodical hurt the economy. About 49 percent say yes, such as the Christian Science Monitor proved energy efficiency as well as ex- 45 percent say no. should conduct an independent poll and panded use of alternative fuels and re- Bush or Gore on energy? When it comes to find that 54 percent of Americans sol- newable energy. But we are still going energy policy, voters think Governor Bush idly support opening up ANWR for to need energy from oil, natural gas, will probably do a better job making sure the drilling; 38 percent are opposed. hydroelectric and nuclear, and we are US has sufficient energy supplies. They pre- One other point that deserves consid- not bringing these other sources into fer him on this issue by 44 percent to 33 per- eration has been underplayed by the the mix. cent over Vice President Gore. The Vice President said he would Pay more for cars? By 57 percent to 38 per- media and underplayed by the adminis- cent, Americans say they would pay $1,000 tration. That is the situation with re- make a bet. He will bet on diminishing more for a comparable vehicle that had gard to natural gas. Governor Bush’s the supply of conventional fossil fuels greater fuel efficiency. energy plan is more than just increas- such as oil and natural gas. That is his Buy smaller cars? Most Americans—75 per- ing the domestic supply of oil. He bet, that you would like that; that you cent—say that with rising gas prices, they would also expand access to natural would be more than willing to pay would be willing to drive smaller cars to gas on Federal lands and build more higher prices for energy and make re- achieve better mileage. newables more competitive. You would Use mass transit? By a 62 percent to 27 per- gas pipeline. Even the Vice President cent margin, Americans say they would use has said natural gas is vital for home like that. He will support higher en- mass transit or car pool to save fuel. heating and electricity and fuel for the ergy taxes, just as he did in 1993 when Use military force? In times of crisis, future. Mr. President, 50 percent of he cast the tie-breaking vote in this Americans would be willing to use U.S. mili- U.S. homes, or 56 million homes, use body to raise the gasoline tax. tary power to keep oil supplies flowing—but This is in his book ‘‘Earth In The natural gas for heating. It provides 15 the issue is clearly divisive. Those favoring Balance.’’ Clearly, he wants to raise percent of the Nation’s electric power; military force (48 percent) are nearly equaled energy prices to effect conservation. and 95 percent of our new electric by those who oppose (43 percent). But the reality is, as we put more cen- power plants will be powered by nat- Mr. MURKOWSKI. Let me read a por- tral controls on energy use, he would ural gas as a fuel, partially of choice tion: have us set a standard for each part of but partially of necessity. You cannot Another surprise was a solid support (54 your everyday life. He would tell you build a coal-fired plant; you cannot percent to 38 percent) for oil drilling in the what kind of energy you could use, how Arctic National Wildlife Refuge. ANWR’s build a nuclear plant; you cannot build much of it you could use, how much coastal plain could hold as much oil as Alas- a new hydroelectric plant. Where are you would have to pay for it. That is ka’s highly productive Prudhoe Bay. you going to go? You are going to go to part of it. That is in his book. I think that is a significant indica- natural gas. You can get a permit. But By contrast, Governor Bush would tion of the public posture and the all the emphasis of the electric indus- harness America’s innovation to use change. As we have noted for some try is towards natural gas. Putting on the energy resources of today to give time, Vice President GORE is very more pressure increases the prices, as I us the technologies of tomorrow. Gov- much opposed to opening this area. said, from $2.16 a year ago to just over ernor Bush will set aside the up-front This body, in 1995, passed legislative $4.50 today. The ratepayers are going funds from leasing Federal lands for oil action authorizing the opening of to be paying this. They just have not and gas, so-called bid bonuses, to be ANWR, but the President vetoed that seen it yet. It has not been included in earmarked for basic research into reaction. We have today a clear indica- your electric bills, but it will be very newable energy. Production royalties tion of support from a majority of soon, and you will feel it in your heat- for oil and gas leases will be invested in Americans who now favor responsible ing bill. energy conservation and low-income drilling in the Arctic National Wildlife The administration has refused to family programs such as LIHEAP and Refuge. allow exploration or production of nat- other weatherization assistance. For the sake of keeping this matter ural gas on Federal lands. There are Using new tax incentives, Governor in balance, I remind my colleagues huge areas of the overthrust belt in Bush will expand the use of renewable there are 19 million acres in that area. Oklahoma, Montana, Wyoming, and energy in the marketplace, building on Out of that 19 million acres, which is Colorado that have been off limits. The a successful experience in the State of about the size of the State of South administration has withdrawn about 60 Texas. As a result of Governor Bush’s Carolina, 9 million acres has been set percent of the productive area for oil efforts on electricity restructuring, aside in a refuge, 8.5 million acres has and gas discoveries since 1992. Texas will be one of the largest mar- been set aside in a wilderness. This is The difficulty we are having here is, kets for renewable energy, some 2,000 in perpetuity. Congress left out 1.5 mil- as they put Federal lands off limits to new megawatts. lion to be determined at a future date new natural gas production, we find Governor Bush will maintain existing whether it should be open for explo- ourselves with simply no place to go hydroelectric dams and streamline the ration. Geologists say it is the most other than the offshore areas of Texas FERC relicensing program. We know likely area in North America where a and Louisiana and the offshore areas of the current administration wants to major oil field might be discovered, Mississippi and Alabama as the major take down some of the dams in the Pa- and there might be as much as 16 bil- areas of OCS activity. My State of cific Northwest. Governor Bush will re- lion barrels in that field. That would Alaska and California are off limits; sponsibly address the risks posed by equate to what we import from Saudi the East Coast is off limits. They have global climate change through invest- Arabia for a 30-year period of time. withdrawn huge areas from our Forest ing in getting clean energy tech- Some of the environmentalists say it is Service—roadless areas. They have put nologies to the market. only a 200-day supply. Isn’t that in on a moratorium from OCS drilling The Vice President would rather error? That is assuming all other oil until 2012 in many areas. The Vice have us ratify and implement a costly production in the world stops. President would even cancel existing and flawed Kyoto Protocol that puts Prudhoe Bay came on about 23 years oil and gas leases. Where is the energy the United States at an economic dis- ago. It has been producing about 20 per- going to come from? advantage.

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.031 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11413 Some of us remember the vote we amendments. The Senator from Min- Why did chapter 12 expire leaving had here with respect to climate nesota objected to going to the con- farmers without a last-ditch safety change and the Kyoto Protocol—the ference committee in the regular order. net? The answer is that chapter 12 Byrd/Hagel Resolution. I think it was We tried to do things in the regular ceased to exist because the Senator 95–0. The administration asked for our way, but he was one of those Senators from Minnesota blocked us from pro- opinion. We are a body of advice and who blocked our efforts to get to con- ceeding on this bankruptcy bill we consent. We gave our advice. I think ference. have before us. that vote pretty much indicates a lack I think the speeches we have heard The bankruptcy bill will restore of consent. That particular proposal this afternoon, particularly from the chapter 12 on a permanent basis. Never exempts the largest emitters of green- Senator from Minnesota, are mis- again will Iowa farmers or even Min- house gases, China and India. leading. It is very misleading for Sen- nesota farmers be left with no defense In conclusion, the bottom line is ator WELLSTONE to pretend he is not against foreclosures and forced auc- there is a clear contrast between the the reason for this bill not moving in tions. Congress will fail in its basic re- candidates on the subject of energy the regular way and then to find fault sponsibilities to the American farmer policy. The Vice President wants to with the unconventional way in which if we fail to restore chapter 12 as a per- raise prices to limit supply of fossil en- we finally did it. manent part of the bankruptcy code. ergy which makes up currently over 80 Also, looking at that process, there The bankruptcy bill does more for percent of our energy needs. We wish it are few conference committees around farmers than just make protections for were less, but that is the reality. He here that have an equal number of farmers permanent. The bankruptcy wants to replace it with solar, wind, Democrats and Republicans. This con- bill enhances these protections and biomass—technologies that are prom- ference committee had three Demo- makes more Iowa farmers, more Amer- ising but they are simply not available crats and three Republicans. So obvi- ican farmers, and even more Minnesota or affordable at this time. ously Democrats had to sign the con- farmers eligible for chapter 12. The Governor Bush will expand domestic ference report, or we would not even bankruptcy bill lets farmers in bank- production of oil and natural gas, en- have it before us. But that is the way ruptcy avoid capital gains taxes. This suring affordable and secure supplies, this process has been—not only this will free up resources that would have reducing energy costs, and keeping in- year but last year and the year before otherwise been forced to go to the Fed- flation at bay. Governor Bush will use and the year before. eral Treasury, that would otherwise go We have been trying to bring about the energy of today to yield cleaner, down the black hole of the IRS, to be badly needed bankruptcy reform. It has more affordable energy sources of to- invested in farming operations. been done in a bipartisan way. The best morrow. We have a real choice. The Senate evidence of that bipartisanship, both The choice for consumers is very can vote as the Senator from Min- from the standpoint of substance and clear. nesota wants us to vote and the Senate Let me leave you with one thought the standpoint of the process, is the 83– can kill this bill, or we can stand up for with regard to our foreign policy. Cur- 14 vote by which the original bill American farmers and Minnesota farm- passed the Senate and Democrats sign- rently we are importing about 600,000 ers. We can do our duty and make sure ing the conference report that is now barrels a day from Iraq. I know the oc- that family farms are not gobbled up before us. So I am glad we finally have cupant of the chair recalls in 1991 and by giant corporate farms. We can give a chance to get to debate on the merits 1992 when we fought a war, the Persian our farmers a fighting chance. I hope of the bankruptcy reform conference Gulf war, we had 147 American service the Senate will stand up for our farm- report. ers. I hope the Senate does not give in personnel who gave their lives in that Today is Halloween. That is an ap- to the bankruptcy establishment that war, with 427 wounded; we had 23 taken propriate day to take the bill up be- prisoner. How quickly we forget. cause of our liberal friends who have has decided to fight bankruptcy reform Now we are over there enforcing, if tried to dress the bankruptcy bill in a no matter who gets hurt, including the you will, an aerial blockade, a no-fly scary costume in a tired effort to Iowa farmer, the Minnesota farmer— zone. We have flown over 300,000 sor- frighten the American people for crass the American farmer. What else is in this conference re- ties, individual missions, enforcing the political purposes. The fact is, the port? The bankruptcy bill will give no-fly zone over Iraq. We have bombed; bankruptcy reform bill we are going to badly needed protection for patients in we have fired; we have intercepted. vote on tomorrow will do a lot of good Fortunately, we have not suffered a for the American people and for the bankrupt hospitals and nursing homes. loss. But what kind of foreign policy is economy. About 10 percent of the nursing homes it where we buy his oil, put it in our Remember, we are talking about 1.4 in America are in bankruptcy, so this airplanes, and go over and bomb him? I million bankruptcies. Remember, we is a real problem for senior citizens of leave you with that thought, and I are talking about a very dramatic ex- America. The Senate protected these yield the floor. plosion of bankruptcies just in the last people by unanimously adopting an The PRESIDING OFFICER (Mr. AL- 6 or 7 years. Remember, the last time amendment which I offered. Again, my LARD). The distinguished Senator from we had bankruptcy reform, there were colleagues may be unaware of the im- Iowa is recognized. about 300 thousand bankruptcies filed portance of this provision because the f per year. opponents of bankruptcy reform do not want us to realize what killing the BANKRUPTCY That is up to 1.4 million. It is a cost to the economy for every working fam- bankruptcy reform bill will really do Mr. GRASSLEY. Mr. President, we ily in America of paying $400 per year for those people who are in bankrupt had an opportunity to listen to 2 hours more for goods and services because nursing homes. of debate and speeches from some on somebody else is not paying their debt. I had hearings on patients in bank- the other side of the aisle earlier this I want to summarize a few things rupt nursing homes. As my colleagues afternoon trashing a piece of legisla- that this bill will do that my col- know, Congress is trying to put more tion and the process connected with leagues may not know about as a re- money into nursing homes through the that legislation that originally passed sult of the disinformation campaign Medicare replenishment bill. Because the Senate 83–14 earlier this year. waged by our liberal opponents. we have so many nursing homes that I have heard the Senator from Min- Right now, for instance, farmers in are in bankruptcy, the potential for nesota and others complain about the my State of Iowa, and for that matter harm is very real. process of getting the bankruptcy bill in Minnesota and all across the coun- Through the hearing process in com- to the floor. It seemed to me, as I lis- try, have no protections against fore- mittee, I learned of a situation in Cali- tened to what he said that it is almost closures and forced auctions. That is fornia where a bankruptcy trustee sim- an unbelievable thing for him to say because chapter 12 of the bankruptcy ply showed up at a nursing home on a that. The Senate passed the bank- code, which gives essential protections Friday evening and evicted the resi- ruptcy bill after weeks of debate and for family farmers, expired in June of dents. The bankruptcy trustee did not after disposing of literally hundreds of this year. provide any notice that this was going

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.056 pfrm01 PsN: S31PT1 S11414 CONGRESSIONAL RECORD — SENATE October 31, 2000 to happen. He literally put these frail, this year, I addressed this very issue, I am releasing today a memo to me elderly people out into the street and but I want to reassure my colleagues from the nonpartisan Congressional changed the locks so they could not get who have remaining questions about Research Service that says, without a back into the nursing home. The bank- this that we have taken care of the doubt, no abortion protester has ever, ruptcy bill that we will vote on tomor- problems they have legitimately ever gotten away with using bank- row will prevent this from ever hap- raised. I do not find fault with their ruptcy as a shield. So I hope my col- pening again. If we do not stand up and raising them; I only find fault with the leagues listen to this nonpartisan say that the residents of nursing homes fact that we have taken care of them source and not the partisan political cannot just be thrown out into the and they have not found it out yet. Be- statements that were made yesterday street, then Congress will have failed fore the vote tomorrow morning, I on the Senate floor in regard to this. in its duty to the senior citizens of want them to find it out. I want the I want to put this in the RECORD, Mr. America. Senator from Minnesota and I want my President, so I know that this is clear- Again, we have a choice: We can vote friend and colleague from the State of ly stated. I ask unanimous consent this bill down and tell nursing home Iowa who raised this issue to be aware that this memo be printed in the residents and their families that they of it as well. RECORD. can just go fly a kite. I hope the Senate My friend from Iowa was quoted in There being no objection, the mate- is better than that. I hope the Senate the Des Moines Register Sunday as rial was ordered to be printed in the stands for nursing home residents and saying about this bill: I am not for it. RECORD, as follows: not for inside-Washington liberal spe- I think it’s a bad bill. He talked with CONGRESSIONAL RESEARCH SERVICE, cial interest groups that are trying to bankruptcy lawyers who said that it LIBRARY OF CONGRESS, make a case against this bill but just will hit hardest those who rack up big Washington, DC, October 26, 2000. cannot make a case against the bill. bills due to medical problems. MEMORANDUM We have not heard them talking about As to the Time magazine article that To: Hon. Charles Grassley, helping farmers through chapter 12. We was referred to earlier by the Senator From: Robin Jeweler, Legislative Attorney, have not heard them talk about help- from Minnesota which alleged that American Law Division. medical expenses drove some of the Subject: Westlaw/LEXIS survey of banking nursing home residents through the ruptcy cases under 11 U.S.C. § 523. provisions that are in the Patients’ Bill families profiled into bankruptcy, I would just say that this is flat out This confirms our phone conversation of of Rights for nursing home residents. October 25, 2000. You requested a comprehen- There is more to this bill. The bank- wrong. sive online survey of reported decisions con- To the extent any person in bankruptcy reform bill contains particular sidering the dischargeability of liability in- ruptcy has medical expenses, the bank- provisions advocated by Federal Re- curred in connection with violence at repro- ruptcy bill deals with this issue in two serve Chairman Alan Greenspan and by ductive health clinics by abortion protesters. ways. The only reported decision identified by Treasury Secretary Larry Summers. I The General Accounting Office to the search is Buffalo Gyn Womenservices, hope the Senator from Minnesota takes look at the provisions of this bill from Inc. v. Behn (In re Behn), 242 B.R. 229 (Bankr. note of those two people being ap- the point of view of medical expenses. W.D.N.Y. 1999). In this case, the bankruptcy pointed by the President of the United court held that a debtor’s previously in- You can see from this report that came curred civil sanctions for violation of a tem- States, Larry Summers being a mem- from the General Accounting Office ber of this administration as Secretary porary restraining order (TRO) creating a that all medical expenses that are de- buffer zone outside the premises of an abor- of the Treasury, to whom some from ducted in determining whether you tion service provider was nondischargeable the other side of the aisle ought to lis- have the ability to go to chapter 7 or under 11 U.S.C. § 523(a)(6), which excepts ten. chapter 13. The bill is very clear health claims for ‘‘willful and malicious’’ injury. These provisions will strengthen our care expenses are covered because of The court surveyed the extent and somewhat financial markets and lessen the possi- ‘‘other necessary expenses’’ include discrepant standards for finding ‘‘willful and bility of domino-style collapses in the malicious’’ conduct articulated by three fed- such expenses as charitable contribu- eral circuit courts of appeals. It granted the financial sector of our economy. Ac- tions, child care, dependent care, cording to both Chairman Greenspan plaintiff’s motion for summary judgment health care, payroll deductions, life in- and denied the debtor/defendant’s motion to and Secretary Summers, these provi- surance, et cetera. All of these are used retry the matter before the bankruptcy sions will address significant threats to in determining your ability to repay court. Specifically, the court held: our prosperity, the very prosperity your debts. ‘‘[W]hen a court of the United States that their candidate for President is So anybody who comes to the floor of issued an injunction or other protective out talking about every day saying it the Senate and says that we do not order telling a specific individual what actions will cross the line into injury to oth- ought to be protected. take medical costs into consideration Yet again, we have a choice: We can ers, then damages resulting from an inten- in determining this—those colleagues tional violation of that order (as is proven strengthen our financial markets by have not read the bill. either in the bankruptcy court or (so long as passing this bill, or we can side with There is one additional thing. Some- there was a full and fair opportunity to liti- the liberal establishment and fight re- body can make a case that this does gate the question of volition and violation) form, no matter what the cost is to our not take care of all of the instances. I in the issuing court) are ipso factor the re- society, our economy, the farmers, or do not know how much clearer it can sult of a ‘willful and malicious injury.’ ’’—242 the people in nursing homes. be. But we still have application to the B.R. at 238. The American people want us to bankruptcy judge, under special cir- Mr. GRASSLEY. In other words, once strengthen the economy, not turn a cumstances, to argue any case you again, just to make it very clear the deaf ear to the pleas for help from the want to of something that should be Congressional Research Service has Chairman of the Federal Reserve Board taken into consideration in your abil- searched every known case, and I have and from the Treasury Secretary. I ity to repay debt. Medical expenses, ob- here, as my colleagues can read, the hope the Senate decides to vote to safe- viously, fall into that category if this only case that is available, in which guard our prosperity, not put it at risk. provision is not adequate. But I do not the result is that an abortion protester The Senator from Minnesota said he know how much clearer it can be than wasn’t able to discharge his debts. The wanted us to learn more about the when you say medical expenses are court was very clear that they were not bankruptcy bill. I do, too. Once we look things that are deductible in making able to get a discharge for that pur- at this bill in its totality I am con- your determination of ability to pay. pose. fident that the Members of this body Several Senators have also, today, Mr. President, I see my friend from will see this is a responsible approach, made reference to the issue of whether New Jersey, who is on the other side of that we will then do the responsible we need to modify the bankruptcy laws the aisle but very supportive of our leg- thing: We will vote for cloture, and to prevent violent abortion protesters islation, who needs time because he then we will also do final passage. from discharging their debts in bank- supports this legislation from our side There is an issue about how the ruptcy court. Now the fact is, our cur- of the aisle. So I am going to quit at bankruptcy bill will impact people rent law already prevents this from this point. I ask if I can have the floor with high medical expenses. Earlier happening. back after he has finished.

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.058 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11415 The PRESIDING OFFICER. Is there The critical question is: Is it fair and tection of the Bankruptcy Act. One, objection? is it a balanced bill? Unequivocally, this is not true. Two, if in any way it Mr. GRASSLEY. I ask unanimous the answer to that question is yes. denied poor people the protection of consent to do that, so I can defer to the Will it improve the functioning of bankruptcy, not only would I not speak Senator from New Jersey right now. the bankruptcy system without doing for it, not only would I not vote for it, Mr. ENZI. Reserving the right to ob- injury to vulnerable Americans who I would be here fighting against it. The ject—— have need, legitimate need, of bank- simple truth is, no American is denied Mr. GRASSLEY. I will ask this way, ruptcy protections? Absolutely, yes. access to bankruptcy under this bill. that when the Senator from New Jer- For those reasons, this bill deserves What the legislation does do is assure sey has finished, to give the Senator and, indeed, clearly has overwhelming that those with the ability to repay a from Wyoming the floor, and then me, bipartisan support in the Senate. portion of their debts do so by estab- because I want to continue presenting What has fueled this broad and deep lishing a clear and reasonable criteria our case on the bankruptcy reform. support among Democrats and Repub- to determine repayment obligations. The PRESIDING OFFICER. Is the licans in the House and the Senate However, it also provides judicial dis- Senator from Iowa yielding time to the have been the facts, an overwhelming cretion to ensure that no one genuinely Senator from New Jersey? The Repub- misuse and expansion of bankruptcy. in need of debt cancellation will be pre- licans control the time. In 1998 alone, 1.4 million Americans vented from receiving a fresh start. Mr. GRASSLEY. Yes. I intend to do sought bankruptcy protection, a 20-per- That bears repeating. No one is denied that. cent increase since 1996, during the bankruptcy protection because, ulti- The PRESIDING OFFICER. How greatest economic expansion in Amer- mately, of judicial discretion. Prove much time—— ican history, with record employment, you need the protection, and you can Mr. GRASSLEY. How much time job growth, income growth, a 20-per- and will get it. To do this, the bill contains a means does the Senator need? cent increase in bankruptcies, more test, virtually identical to the one Mr. TORRICELLI. Twelve minutes. staggering, since 1980, a 350-percent in- Mr. GRASSLEY. Twelve minutes. crease in the use of bankruptcy laws. passed by the Senate with 84 votes on a The PRESIDING OFFICER. Without It is estimated that 70 percent of previous occasion. Under current law, objection, 12 minutes are yielded to the those filings were done in chapter 7, virtually anyone who files for complete debt relief under chapter 7 receives it. Senator from New Jersey. which provides relief from most unse- Mr. TORRICELLI. I thank the Chair. cured debt. Conversely, just 30 percent Regardless of your resources, whether of those petitions were filed under you can repay it or not, your obliga- f chapter 13, which requires a repayment tion simply gets passed along to the BANKRUPTCY plan. small store owner, the mom and pop Mr. TORRICELLI. Mr. President, for The result of these abuses of the sys- store, the family business. You pass on the last 4 years, my colleague, Senator tem has meant that just 30 percent of your obligation, regardless of your GRASSLEY, has shown extraordinary pa- petitions under chapter 13 require a re- ability. We changed that by creating a tience and considerable leadership in payment plan. Overwhelmingly, people needs-based system which establishes a bringing this institution towards fun- have discovered, contrary to the his- presumption that chapter 7 filings damental and fair reform of the bank- tory of the act and good business prac- should either be dismissed or converted ruptcy laws. It has not always been a tices, they can escape paying back to chapter 13 when the debtor has suffi- popular fight, but it is unquestionably these debts, although they have the cient income to repay at least $10,000 the right thing to do for consumers, for means to do so, and escape so by sim- or 25 percent of their debt—a presump- ply filing under a different chapter. business, and perhaps most impor- tion that if you have money in the This is the essence of the bill. Simply tantly, for small businesses, family- bank or you have income to repay a making this adjustment, moving many portion of this, you should do so. You owned businesses, that are often vic- or some of these 182,000 people back can answer the presumption. You can timized by abusers. into repayment plans, could save $4 bil- overcome it. You can defeat it. But Everyone, I think, generally agrees, lion to creditors. This isn’t somebody surely it is not unreasonable for some- within reason, that there is a need for else’s problem. That $4 billion gets one with those means to have that bur- bankruptcy reform. The question, of paid. If the bankruptcy affects a car- den, to prove they cannot pay the debt. course, has been how to do that. In the penter, a family owned masonry busi- In addition to this flexible means last Congress, we came extremely close ness, a home building company, it can test, the bill before us also includes to bipartisan reform. Having come so put them out of business, or the cost two key protections for low-income close in the 105th Congress, I inherited gets passed on to someone else who debtors that were a vital part of the the role as the ranking member of the buys the next house. If it is the mom Senate bill previously passed. The first subcommittee with jurisdiction, and I and pop store on main street, it can is an amendment offered by Senator felt some optimism that we could suc- put them out of business or they absorb SCHUMER to protect low-income debtors ceed. the cost. But even if it is a major fi- from coercive motions. This will en- Since that time, working with Sen- nancial institution, with many credit sure that creditors cannot strong arm ator GRASSLEY, I think we have dealt card companies losing 4 or 5 percent of poor debtors into making promises of with most of the critical issues. He has revenues to bankruptcy, it gets passed payments they cannot afford to make. been extremely cooperative. Indeed, on to the next consumer. Senator SCHUMER asked for it to be in Members on both sides of the aisle have This $4 billion is not the problem for the bill. It is in the bill. It offers pro- had suggestions, changes, most of some massive company faraway that tection from unscrupulous, unfair, and which have been incorporated. Over- can afford to absorb it. It is us. We are burdensome collections. whelmingly, Senators who had prob- all paying the bill. The American con- The second is an amendment offered lems with the bill and individual sumer is absorbing this money from by Senator DURBIN. Senator Durbin, changes have been accommodated in the abuse of the bankruptcy system— who previously held my position and both parties. often those least able to absorb it, drafted the bill 2 years ago in its initial So today we bring to the floor the small businesses, family owned busi- form, provided a miniscreen to reduce culmination of 2 years of work, of re- nesses, and consumers. the burden of the means test on debt- fining something that had been worked This is why, with these compelling ors between 100 and 150 percent median on for the 2 years before that—4 facts and the logic of this reasoning, income. This is a preliminarily less in- years—with many Members of the in- that the Senate passed a very similar trusive look at the debts and expenses stitution, and overwhelmingly Mem- bill by a vote of 83–14 from both par- of middle-income debtors to weed out bers who have voted for it. ties, across philosophical lines, in an those with no ability to repay those Is it perfect? No. Were I writing overwhelming vote. That is the bill we debts and to move them more quickly bankruptcy reform by myself, there bring back today. to a fresh start. would be differences. But none of us It is charged by critics of the bill It was a good addition, but the com- writes any bill by ourselves. that this will deny poor people the pro- bination of Mr. SCHUMER’s amendment

VerDate 31-OCT-2000 02:17 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.061 pfrm01 PsN: S31PT1 S11416 CONGRESSIONAL RECORD — SENATE October 31, 2000 for a safe harbor in addition to the The credit card industry sends out 3.5 also Senator REID of Nevada, who Durbin miniscreen and other provi- billion solicitations a year. That is helped us get through the hundreds of sions, not a part of the original Senate more than 41 mailings for every Amer- amendments we had filed with this leg- bill, will provide real protections to ican household—14 for every man, islation. So this is evidence of just low-income debtors. These include, woman, and child in the Nation. It is three people on the other side of the first, a safe harbor to ensure that all not just the sheer volume of the solici- aisle who have worked very hard to debtors earning less than the State me- tations; it is a question of who is tar- make this a bipartisan approach, and dian income will have access to chap- geted. Solicitations of high school and this legislation, as controversial as it ter 7 without qualifications; two, a college students are at a record level. is, would not have gotten as far as it floor to the means test to guarantee Americans with incomes below the pov- had without that cooperation. I thank that debtors unable to repay less than erty line have doubled their use of Senator TORRICELLI. $6,000 of their debts will not be moved credit. f into chapter 13; three, additional flexi- The result is not surprising, as 27 per- bility in the means test to take into cent of families earning less than CONCLUSION OF MORNING account the debtor’s administrative ex- $10,000 have consumer debt of more BUSINESS penses and allow additional moneys for than 40 percent of their income. This Mr. LOTT. Mr. President, it is my food and clothing expenses—three pro- bill deals with that reality. understanding that the time between tections—absolute, providing real pro- With the help of Senators SCHUMER, now and 6 p.m. is under my control for tection for low-income families on REED, and DURBIN, we have ensured morning business. With that in mind, I vital necessities, on modest savings, that there is good consumer protection ask unanimous consent that the Chair and on means of collection. in this bill. It is not everything I would close morning business. All of this should assuage any fear have written, certainly not everything that this bill will make it more dif- The PRESIDING OFFICER. Morning they would have liked, but it is good business is closed. ficult for those in dire straits to obtain and it is better than current law. a fresh start and reorganize their lives. The bill now requires lenders to f Absolutely no one, because of these prominently disclose the effects of NATIONAL ENERGY SECURITY ACT protections, will be denied access to making only a minimum payment on complete protection in bankruptcy. OF 2000—MOTION TO PROCEED— your account; that interest on loans se- Resumed But it is balanced because there is also cured by dwellings is tax deductible The PRESIDING OFFICER. The protection for businesses and family only up to the value of property, warn- clerk will report the pending business. companies. ings when late fees will be imposed, Critics have also argued that the bill The legislative clerk read as follows: and the date on which an introductory places an unfair burden on women and or teaser rate will expire and what the Motion to proceed to S. 2557, a bill to pro- single-parent families. This is the most permanent rate will be after that time. tect the energy security of the United States important part of this bill to under- and decrease America’s dependency on for- stand. There is not a woman in this All of these things will be required on eign oil sources to 50 percent by the Year country, there is not a single parent, consumer statements in the future. 2010 by enhancing the use of renewable en- there is not someone receiving ali- Few are required now. ergy resources, conserving energy resources, What this means is that Senator mony, child support, or any child in improving energy efficiencies, and increasing domestic energy supplies, mitigating the ef- America whose position is weakened GRASSLEY and I have done our best. We have worked with all Members of the fect of increases in energy prices on the because of this bill. Indeed, their posi- American consumer, including the poor and tion is strengthened because of this Senate in both parties. This is a good bill and a balanced bill. The Senate has the elderly, and for other purposes. bill. Single-parent families, by ele- Mr. LOTT. Mr. President, I now with- vating child support to the first posi- approved it before. It should do so again. It provides new consumer pro- draw my motion to proceed to S. 2557. tion rather than its current seventh The PRESIDING OFFICER. The Sen- position, are in a better place because tection, protection for women and children, securing their place in bank- ator has that right. The motion is of this bill than they are if we fail to withdrawn. act. ruptcy lines, ensuring that debts get Under current law, when it comes to repaid when they can be, ensuring f bankruptcy protection, and ensuring prioritizing which debts must be paid ENACTMENT OF CERTAIN SMALL off first, child support is seventh—after that abuses end so that small businesses are not victimized and con- BUSINESS, HEALTH, TAX, AND rent or storage charges, accountant MINIMUM WAGE PROVISIONS— fees, and tax claims. Remember this, sumers who can pay their bills do not MOTION TO PROCEED because if you oppose this bill and if we pay the additional costs of those who fail to act in the bankruptcy line, ac- choose not to. Mr. LOTT. I move to proceed to the countants will be there, tax claims will I congratulate Senator GRASSLEY conference report containing the tax be there, storage claims will be there, once again on an extraordinary effort. bill, H.R. 2614. and women and children will be behind. I am very proud to coauthor this bill The PRESIDING OFFICER. The Under this bill and this reform, chil- with him. I look forward to the Sen- question is on agreeing to the motion. dren, women, single-parent families are ate’s passage. The motion was agreed to. where they belong—in front of every- I yield the floor. The PRESIDING OFFICER. The one, including the Government. Mr. GRASSLEY. Mr. President, I clerk will report. Finally, the bill requires that a chap- hope we had a lot of people who were The legislative clerk read as follows: ter 13 plan provide for full payment of able to listen all afternoon on this de- The committee of conference on the dis- all child support payments that be- bate. I doubt if very many people lis- agreeing votes of the two Houses on the come due after the petition is filed. tened for 4 hours, but they heard a lot amendment of the Senate on the bill H.R. This is simply a better bill—for busi- of charges against the bill that were 2614 ‘‘To amend the Small Business Invest- ness and for families. partisan early on this afternoon. Then ment Act to make improvements to the cer- Finally, in drafting a balanced bill, I said how this bill passed 83–14 origi- tified development company program, and for other purposes,’’ having met, after full Senator GRASSLEY and I were con- nally. That would never have hap- and free conference, have agreed to rec- fronted with the very real need to pro- pened—that wide of a margin and bi- ommend and do recommend to their respec- vide some additional consumer protec- partisan cooperation—except for the tive Houses that the House recede from its tion. The fact is, many people don’t early support and continuing support, disagreement to the amendment of the Sen- just fall into bankruptcy. In my judg- and you have seen that demonstrated ate, and agree to the same with an amendment, they are driven into bankruptcy in the recent speech by Senator ment, and the Senate agree to the same, by unscrupulous, unnecessary, and bur- TORRICELLI. I thank him for that. signed by a majority of the conferees on the densome solicitations of debt by the I also thank Senator BIDEN of Dela- part of both houses. credit industry. This had to be in the ware for also helping us get this bill The PRESIDING OFFICER. Without bill, and it is in the bill. out of committee and to the floor, and objection, the Senate will proceed to

VerDate 31-OCT-2000 03:11 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.065 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11417 the consideration of the conference re- our immigration laws and rewarding Force of the United States, now on the port. those who disobey them, a new am- verge of a second retirement, this time (The report is printed in the House nesty would encourage innumerable from a productive career in public life. proceedings of the RECORD of October others to break our laws in the future. On active duty as General Lawson, he 26, 2000.) This is not sound public policy.’’ held positions of trust at the highest f The Congress has a better way. The levels of responsibility in planning and Legal Immigration Family Equity Act, executing the military elements of NATIONAL ENERGY SECURITY ACT which is part of the Commerce-Justice- U.S. foreign policy during times of OF 2000—MOTION TO PROCEED— State Appropriations legislation, would great tension. Continued allow aliens in the United States before As Dick Lawson, the envoy pleni- Mr. LOTT. Mr. President, I now 1982 to secure amnesty if they had tried potentiary from the most basic of renew my motion to proceed to S. 2557. to comply with the immigration laws. America’s basic industries to the coun- I will notify all Senators as to the This would provide assistance to about cils of government that include this exact date on which I intend to file clo- 400,000 aliens who were wrongly denied Senate, he has made useful and durable ture on this very important tax con- relief through administrative action of contributions to policies that make the ference report. I note that I will not do the I.N.S. Nation more secure and energy inde- that today. In the meantime, this ac- Moreover, the legislation would as- pendent. tion I have just taken will allow me to sist hundreds of thousands of appli- Richard Lawson is, in fundamental file that cloture motion at a later date. cants who are on a waiting list to be ways, exceptional, if not unique. united with their families in the He is one of few individuals to hold f United States. This bill would greatly every enlisted and commissioned rank MORNING BUSINESS help promote family unification. in the military structure from enlistee As this legislation demonstrates, the of bottom rank to the four-star grade Mr. LOTT. I ask unanimous consent Congress should help immigrants who that signifies overall command. He that the time between now and 6:30 re- help themselves and try to follow the may well be the only one to have done main in control of the majority leader rules. However, far too often, the road- this between two services—to rise step- for morning business, as provided block that legal immigrants run into by-step from buck private to regi- under the previous order. has nothing to do with the Congress. It mental sergeant major in the Army The PRESIDING OFFICER. Without is caused by the Administration, and National Guard of Iowa; and then, objection, it is so ordered. more specifically the I.N.S. when commissioned into the Air Force, Mr. LOTT. At the request of Senator The record of the I.N.S. in helping from second lieutenant to general. GRASSLEY and others who wish to be legal immigrants during this Adminis- Highlights of General Lawson’s Air heard, we are asking to extend the tration has been very poor. I have Force career include the following: time from 6 until 6:30. grown very frustrated in recent years military assistant at the White House I believe there will be a voice vote at trying to help citizens of my state who under two Presidents; Commander, the conclusion of this time. are trying to work through the I.N.S. Eighth Air Force; Director of Plans The PRESIDING OFFICER. Without and follow the law. Sometimes, when I and Policy for the Joint Chiefs of Staff; objection, it is so ordered. make inquiries about an applicant’s U.S. representative to the military Mr. LOTT. I yield the floor. case, the I.N.S. does not even respond committee of the North Atlantic Trea- f to my repeated requests. When I do get ty Alliance; Chief of staff at Supreme Headquarters of the Allied Powers in THE LEGAL IMMIGRATION FAMILY a response, it is often handwritten and Europe; and, finally, command of the EQUITY ACT hard to read or understand. It may even be inaccurate. Also, the I.N.S. has day-to-day activities and deployments Mr. THURMOND. Mr. President, it is actually lost files about which I was in- of all services in the U.S. European highly unfortunate that the Clinton quiring. If federal elected officials re- Command, the deputy commander-in- administration is apparently trying to ceive this type of treatment, the dif- chief. play politics with immigration during ficulties that applicants face while try- During his span of service, some im- the final days before the Presidential ing to work with the I.N.S. alone must portant national and international de- election. be many, many times worse. I have velopments included the following: the The Congress has tried to work in contacted the Attorney General about making of plans and the acquisition of good faith with the President to help these chronic problems, but I have not means to re-establish U.S. strength and immigrants who play by the rules, and even received the courtesy of a re- flexibility and deterrence; the restora- have not been treated fairly by the Im- sponse. tion of cordiality among the NATO al- migration and Naturalization Service. With a new Administration next lies. Unfortunately, the President does not year, I hope we can fundamentally re- General Lawson left active service in seem to be interested in a reasonable form the I.N.S. We must make it re- 1986. Early the next year, while figu- compromise. sponsive to the people. ratively behind the plow, like President Clinton has demanded In the meantime, the President Cincinnatus, he was approached by a blanket amnesty for any alien in the should cooperate with the Congress, delegation of coal industry leaders. United States in 1986 or before. This is and promote reasonable solutions to They found him, in fact, clearing un- not limited to legal immigrants. It in- the problems faced by legal immi- dergrowth on his acreage in the Vir- cludes illegal aliens. It does not matter grants. At the same time, he should de- ginia countryside. They called him to the President whether they have vote his attention to addressing the again into service, and he again re- tried to follow the law in getting their fundamental problems regarding how sponded. status adjusted during all these years, immigrants are treated by his own ad- In the 14 years since then, Dick or whether they flagrantly violated the ministration every single day. Lawson has presided over the unifica- immigration laws. The President just f tion of what once was both a profusion wants to give blanket amnesty. Also, and a confusion of voices that sought the White House does not know how GEN. RICHARD LAWSON, USAF: IN to speak for mining. He first blended many would be eligible for amnesty THE STYLE OF CINCINNATUS together within the National Coal As- under their plan, but the number would Mr. BYRD. Mr. President, the great sociation all elements of the coal in- clearly be in the millions. This is irre- success and continuing strength of the dustry. More recently, he joined the sponsible policy. United States as a republic is due in no many elements of mining represented The National Border Patrol Council, small part to the willingness of our by coal, metals and minerals pro- whose members are border patrol citizens to be soldiers and, no less im- ducers. With the union of the coal asso- agents, has strongly criticized the portant, of our soldiers to be citizens. ciation and the American Mining Con- President’s proposal. They said, ‘‘In ad- One such soldier-citizen is General gress to form the National Mining As- dition to punishing those who abide by Richard L. Lawson, late of the Air sociation, two voices became one.

VerDate 31-OCT-2000 03:33 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.068 pfrm01 PsN: S31PT1 S11418 CONGRESSIONAL RECORD — SENATE October 31, 2000 It has been America’s good fortune to son, Nixon, and Ford, serving as a U.S. tions to furthering education and as- have leaders which exhibit true faith Ambassador to India, and as a U.S. sisting small farmers, he was re-elected and allegiance to the general welfare Representative to the United Nations. in 1994. and the blessings of liberty. In 1976, he again represented the U.S. It has been a privilege to serve along One such leader is Richard L. as President of the United Nations Se- side this American patriot, and I am Lawson. I personally thank him for his curity Council. It is important to note pleased that I had the opportunity to efforts, for his patriotism, and for his that Senator MOYNIHAN accomplished work with him on the Armed Services vision. all of this prior to his tenure in the Committee. I wish him and his two His 40 years of combined military Senate. children, Benjamin and Lindsey, duty is rich with decorations and hon- Though anyone would be impressed health, happiness, and success in all ors. It includes the Defense Distin- with such an extensive biography, Sen- their future endeavors. guished Service Medal, the Air Force ator MOYNIHAN has not limited himself f Distinguished Service Medal with oak to the political arena. He has served in SENATOR CONNIE MACK’S RETIRE- leaf cluster, and the Legion of Merit. the United States Navy, taught at MENT FROM THE UNITED On the level of personal service, it in- some of the most elite schools in the STATES SENATE cludes the Soldier’s Medal that recog- Nation, authored or edited 18 books, nizes an act of courage not involving and has served on numerous boards and Mr. THURMOND. Mr. President, I an armed enemy; and the Air Medal committees. An exhaustive lifestyle rise today to pay tribute to a man who and the Bronze Star that reflect com- few could endure has resulted in Sen- has made countless contributions to bat duty in the Vietnam War. ator MOYNIHAN’s receipt of some of the the state of Florida and to this Nation We owe a debt of gratitude to men most prestigious national awards, and during his tenure in the United States like General Lawson, who give so free- 62 honorary degrees. Senate, Senator CONNIE MACK. Senator ly and so much to this great nation. The Senate will not be the same MACK has decided to retire after serv- May this nation always be blessed with without my esteemed colleague from ing two successful terms in the Senate. such citizens. the Empire State, and I would like to Prior to his entrance into public God give us men! express my gratitude for his service to service, CONNIE spent 16 years as a A time like this demands strong minds, this Nation. I wish him and his wife Liz local banker. During this time, he es- great hearts, true faith, and ready hands. health, happiness, and success in all of tablished himself as a civic leader in Men whom the lust of office does not kill; their future endeavors. his Florida community and helped Men whom the spoils of office cannot buy; f spearhead an effort to build a much Men who possess opinions and a will; needed local hospital. Recognizing that Men who have honor; men who will not lie. SENATOR BOB KERREY’S RETIRE- as a member of Congress he could do Men who can stand before a demagogue MENT FROM THE UNITED much more to help not only his local And brave his treacherous flatteries without STATES SENATE community, but the entire nation as winking. Mr. THURMOND. Mr. President, I well, he decided to run for a seat in the Tall men, sun—crowned; would like to take this opportunity to House of Representatives. Who live above the fog, bid farewell to a true American hero. While serving three terms in the In public duty and in private thinking. House, CONNIE built a reputation as For while the rabble with its thumbworn Senator J. ROBERT KERREY will be re- creeds, tiring from the United States Senate someone who could get things done. It It’s large professions and its little deeds, after dedicating the last twelve years was soon obvious to many familiar mingles in selfish strife, to representing the fine state of Ne- with this aspiring politician that his Lo! Freedom weeps! braska. talents would best serve this nation in Wrong rules the land and waiting justice Throughout my tenure in Congress, I the United States Senate. Running on sleeps. have had the opportunity to serve with a platform of ‘‘less taxing, less spend- God give us men! several distinguished patriots. How- ing, less government, more freedom,’’ Men who serve not for selfish booty; ever, few have displayed the commit- CONNIE MACK was embraced by the But real men, courageous, who flinch not at ment and ability of Senator BOB Florida voters and was sworn in as the duty. KERREY. junior Senator for the Sunshine State Men of dependable character; Men of sterling worth; After graduating from the University in January 1989. Then wrongs will be redressed, and right will of Nebraska at Lincoln in 1966, BOB set Senator MACK was soon recognized by rule the earth. his aspirations high, earning a pres- his colleagues as a man with a solid God Give us Men! tigious slot on one of America’s most work ethic of uncompromising integ- f elite fighting forces, the Navy Seals. rity. In 1996, he was chosen by his Re- While serving this Nation in Vietnam, publican colleagues as Chairman of the SENATOR PATRICK MOYNIHAN’S BOB demonstrated the valor, leader- Republican Conference, and he retained RETIREMENT FROM THE UNITED ship, and selflessness deserving of the this post for the rest of his time in of- STATES SENATE Congressional Medal of Honor. The fice. He fought intensely for his con- Mr. THURMOND. Mr. President, I Medal of Honor is the highest medal stituents, and they repaid him in 1994 rise today to pay tribute to one of the awarded by the United States and is re- when they re-elected him with 70 per- finest scholars to have graced the served for those who have gone above cent of the vote—the first Republican United States Senate, Senator DANIEL and beyond the call of duty, at the risk in Florida to be re-elected to the PATRICK MOYNIHAN. As all of you know, of their own life, to perform a deed of United States Senate. our esteemed colleague from New York personal bravery or self-sacrifice. During CONNIE’s tenure in the Sen- will soon be retiring from the Senate Upon his return to the States after ate, he has used his extensive banking after 24 years. the war, BOB built a thriving business experience to frame landmark legisla- Senator MOYNIHAN has a rich history with unwavering determination. After tion which modernized our banking of public service. Beginning his polit- proving himself an able businessman, laws and helped prepare our financial ical career as a member of Averell Har- he decided to pursue a career in public system for the global market of the riman’s gubernatorial campaign staff service. In 1982, he was sworn in as 21st century. A fierce opponent of gov- in 1954, Senator MOYNIHAN used his Governor of the Cornhusker State. ernment waste, he advocates deficit re- vast intellect to build one of the most During his four year tenure, he used duction and cutting congressional expansive political resumes of the 20th his vast financial knowledge to turn a spending. century. To attempt to list every posi- three percent deficit into a seven per- CONNIE’s most admirable trait is his tion ever held by my colleague would cent surplus. determination to overcome tragedy. take entirely too long. However, some BOB changed roles but continued his His family’s battle with cancer cata- of the highlights of his political career public service, when he won a seat in lyzed the young Senator to push a leg- include serving in the Cabinet or sub- the U.S. Senate in 1988. Admired by his islative agenda focused on eliminating Cabinet of Presidents Kennedy, John- constituents for his countless contribu- this destructive disease. Senator MACK

VerDate 31-OCT-2000 02:59 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.023 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11419 is known nationwide as an advocate for thinning polar ice, and warmer nights. is expected to grow by more than 30 cancer research, and both he and his There is a growing consensus that hu- percent over the next decade. Demand wife Priscilla have been honored re- mans are playing a significant role in for natural gas from each of the major peatedly for their work to promote climate change. Even some of those consuming sectors—residential, com- cancer awareness. He has been instru- who dissent from the view that human mercial, industrial, and electricity mental in obtaining medical research activity is altering the climate concede generation will increase. Electricity funding, and his perseverance paid off that human influence on the earth’s generation accounts for the lion’s to the benefit of the health of this Na- climate is established. share of this increase at 50 percent of tion. I rise today, in the closing days of the increase. Senator CONNIE MACK is an individual the 106th Congress, to urge all inter- We are facing problems on both sides well respected on both sides of the po- ested organizations and individuals to of the supply and demand equation. litical aisle. His legacy is one com- begin working now to address energy Worldwide supplies of available energy posed of honesty and integrity, and I issues early in the next Congress. We sources are getting tighter and demand feel that I can speak for all of my col- have two distinct problems to address. is increasing. This only means that un- leagues when I express my gratitude First, we must ensure that Americans less one side of the equation changes, for his countless contributions to the continue to enjoy reasonably priced en- we will continue to have energy prob- Senate. I wish him and his wife Pris- ergy now and in the future. Second, we lems. cilla health, happiness, and success in must work on the development of envi- We cannot look at our energy sources the years to come. ronmentally sound solutions to our en- in a piecemeal fashion. We will have to f ergy problem in the mid- to long-term take a comprehensive look at all as- timeframe. pects of our energy picture. The only THE NEED FOR A BIPARTISAN In the last few months we have had way to deal with our energy problem is APPROACH TO ENERGY POLICY several hearings on electricity restruc- to have a multifaceted energy strategy Mr. AKAKA. Mr. President, I rise turing, oil prices, supply and demand, and remain committed to that strat- today to talk about an issue which has, gasoline price hikes, natural gas, and egy. We must adopt energy conserva- of late, affected the lives of all Ameri- the Strategic Petroleum Reserve. All tion, encourage energy efficiency, and cans. I am talking about rising energy these hearings point to one thing—that support renewable energy programs. costs. All indications suggest that we have problems with our energy pic- Above all, we must develop energy re- ture, and they need to be fixed, and America’s summer of discontent is sources that diversify our energy mix fixed soon. going to continue and become the win- and strengthen our energy security. Our energy problem has been in the ter of discontent with respect to en- I urge all interested organizations making for a long time. For the last ergy prices. Americans have paid rec- and individuals to work together to thirty years, we have had several en- ordbreaking prices at the pump this strengthen our energy policy, an energy crises. The reasons for all of these summer. They will continue to suffer ergy policy that serves the American crises were the same: actions and crises escalating prices this winter, too. public. in the Middle East, rising American de- Higher energy prices hit most those In the short term, we can do this by mand, bigger cars, and so on. The crisis Americans who can afford it the least. building upon a lot of good work that this year is no different. Whenever the But more important, the findings of an has already been done. Initiatives such Middle East sneezes, Americans catch international panel of scientists has as the deep water royalty incentives cold. American pockets books have suf- concluded that man-made greenhouse proposed by our former colleague, Sen- fered these periodic colds. But the peo- gases are altering the atmosphere in ator Bennett Johnston and supported ple of Hawaii have suffered a long and ways that affect earth’s climate. by the Administration have been major almost interminable cold. Throughout The World Meteorological Organiza- the 1990’s, Hawaii has been the number contributors to the 65 percent increase tion and the United Nations Environ- one state in terms of gas prices at the in offshore oil production under this ment Program established the Inter- pump. It relinquished this dubious Administration. Policies that led to governmental Panel on Climate honor to states in the Midwest this the increases in natural gas production Change (IPCC) in 1988. The function of summer. This has to stop. We must en- in deep waters by 80 percent in just the IPCC is to assess available information sure that Americans get energy at rea- past two years are welcome. Natural on the science, impacts, and cross- sonable prices. gas production on Federal lands has in- cutting economic issues related to cli- Our import dependence has been ris- creased by nearly 60 percent since 1992. mate change, in particular a possible ing for the past two decades. The com- This is a good sign that we are able to global warming induced by human ac- bination of lower domestic production utilize our national resources in an en- tivities. The IPCC completed its first and increased demand has led to im- vironmentally responsible manner. assessment report in August 1990 which ports making up a larger share of total Initiatives such as the Interagency indicated with certainty an increase in oil consumed in the United States. Working Group on Natural Gas, the the concentration of greenhouse gases Last year crude oil imports amounted Federal Leadership Forum to address due to the human activity. The report for 58 percent of our oil demand. Oil environmental review processes, a re- assisted the governments of many imports will exceed 60 percent of total source assessment for Wyoming oil and countries in making important policy demand this year. Imports will con- gas, and technology partnering with decisions, in negotiating, and in the stitute 66 percent of the U.S. supply by the Bureau of Land Management to im- eventual implementation of the UN 2010, and more than 71 percent by 2020. prove access to Federal lands will pro- Framework Convention on Climate Continued reliance on such large quan- vide increased energy resources. Change which was signed by 166 coun- tities of imported oil will frustrate our In 1998, DOE and the Occidental Pe- tries at the UN Conference on Environ- efforts to develop a national energy troleum Corporation, concluded the ment and Development at Rio de Janei- policy and set the stage for energy largest divestiture of federal property ro in 1992. The convention was ratified emergencies in the future. in the history of the U.S. government. in December 1993 and took effect on 21 Transportation demands on imported The sale of Elk Hills Naval Petroleum March 1994. IPCC also issued another oil remain as strong as ever. Since the Reserve in California for $3.65 billion assessment in 1995. oil shock of the 1970s, all major energy underscored the Clinton Administra- I find the conclusions of the panel’s consuming sectors of our economy with tion’s faith in the private sector to latest assessment alarming. One of its the exception of transportation have carry responsible development of the most striking findings is its conclusion significantly reduced their dependence 11th largest of the Nation’s oil and gas that the upper range of warming over on oil. The transportation sector re- fields. the next century could be even higher mains almost totally dependent on oil- The Clinton Administration has pro- than the panel’s 1995 estimates. based motor fuels. The fuel efficiency posed several tax incentives to encour- The evidence of increasing warming of our vehicles needs to be improved. age new domestic exploration and pro- has shown up in different places—re- U.S. natural gas demand in the last duction and to lower the business costs treating glaciers and snow packs, decades has increased significantly. It of the producers when oil prices are

VerDate 31-OCT-2000 02:59 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.019 pfrm01 PsN: S31PT1 S11420 CONGRESSIONAL RECORD — SENATE October 31, 2000 low. It also proposed tax credits for im- inches in the last century and is likely tricity as one of our Nation’s primary proving energy efficiency and pro- to rise another 17 to 25 inches by 2100. energy carriers, and hydrogen will ulti- moting use of renewable energy. Tax The expected rise in the sea level could mately be produced from renewable reforms would help us improve our en- cause flooding of low-lying property, sources. But fossil fuels, especially nat- ergy supply picture. loss of coastal wetlands, beach erosion, ural gas, will be a significant long- The Administration has also ad- saltwater contamination of drinking term transitional resource. In the next vanced legislation to address the issue water, and damage to coastal roads and twenty years, increasing concerns of restructuring the electric utility in- bridges. During storms, coastal areas about global climate changes and en- dustry. A number of other restruc- would be increasingly vulnerable to ergy security concerns will help bring turing proposals have been made. The flooding. about penetration of hydrogen in sev- electric utility industry is an integral Agriculture might be enhanced by eral niche markets. The growth of fuel part of the overall energy supply and climate change, unless droughts de- cell technology will allow the introduc- demand equation. crease water supplies. Forests may find tion of hydrogen in both the transpor- The restructuring that we are talk- adapting to climate change more dif- tation and electricity sectors. ing about essentially involves the ficult. For example, ‘ohi’a trees are We are a long way from realizing this lower 48 States that are contiguous. sensitive to drought and heavy rains. vision for hydrogen energy. But Some may ask what is in it for Hawaii? Changes could disproportionately progress is being made and many chal- It is not connected to the national stress native tree species because non- lenges and barriers remain. Sustained grid. The answer is simple. Hawaii im- native species are more tolerant of effort is the only way to overcome ports from the Mainland a vast portion temperature and rainfall changes. Cli- these challenges and barriers. We need of goods and services it consumes. Re- matic stress on trees also makes them to support a strategy that focuses on duction in production costs on the vulnerable to fungal and insect pests. midterm and long-term goals. Mainland because of competition un- Hawaii’s diverse environment and ge- While we develop suitable tech- leashed by electric utility industry re- ographic isolation have resulted in a nologies for using this clean source of structuring would benefit the people of great variety of native species found energy, we can rely on other clean Hawaii. only in Hawaii. However, 70 percent of sources such as natural gas. Natural We can build upon the Clinton Ad- U.S. extinctions of species have oc- gas is a good choice for the fuel of the ministration’s accomplishments. Its curred in Hawaii, and many species are future. It is safe and reliable to deliver, strategically focused energy policy en- endangered. Climate change would add more environmentally friendly than compasses economic, environmental, another threat. Higher temperatures oil, and more than three times as en- and national security considerations. could also cause coral bleaching and ergy-efficient as electricity from the It is a balanced approach. the death of coral reefs. point of origin to point of use. There The effects of major global climate Hawaii’s economy could also be hurt are other potential sources of clean en- change on the U.S. and the rest of the if the combination of higher tempera- ergy such as methane hydrates that world will be devastating. I will take a tures, changes in weather, and the ef- need to be explored and developed. few minutes here to describe the effect fects of sea level rise on beaches make We need to unleash American inge- of climate change on Hawaii. Being a Hawaii less attractive to visitors. nuity to find solutions to our energy state consisting of islands with limited Adapting to the sea level rise could be problem. This Senator is convinced land mass, we are, as we must be, sen- very expensive, as it may necessitate that we can do this only when we have sitive to global climate changes. We the protection or relocation of coastal a national commitment to, and a strat- are tropical paradise and we would like structures to prevent their damage or egy for technological advancement as to stay that way. But the worldwide destruction. part of national energy policy. Only a problem of greenhouse gases threatens We have to address the problems that national commitment will help us our well-being. may be created by the climate change maintain a sustainable economic Honolulu’s average temperature has and the sooner we start on this the bet- growth while protecting environmental increased by 4.4 degrees over the last ter off we will be. We would have to in- values. We should recognize that there century. Rainfall has decreased by vest in the development of new tech- is a growing intersection between na- about 20 percent over the past 90 years. nologies that will provide new and en- tional economy, environment, and en- By 2100, average temperatures in Ha- vironmentally friendly sources of energy. If we ignore energy policy, then waii could increase by one to five de- ergy, newer and environmentally we only imperil our economy and na- grees Fahrenheit in all seasons and friendly technologies that allow use of tional security. slightly more in the fall. New data may conventional energy sources. We would I want to compliment my friends, revise this estimation upward. have to work closely with other na- Senators MURKOWSKI and BINGAMAN, Estimates for future rainfall are tions in a cooperative manner. We can the Chairman and Ranking Member of highly uncertain ˜because reliable pro- help the rest of the world through our the Senate Energy Committee for the jections of El Nino do not exist. It is well known technological prowess. great effort that they put into edu- possible that large precipitation in- Our energy policy for the 21st cen- cating us all and trying to build a con- creases could occur in the summer and tury requires forward thinking. Sus- sensus on very difficult issues. Our fall. It is also not yet clear how the in- tainable economic growth requires a Senate Energy Committee has com- tensity of hurricanes might be affected. sustainable energy policy. In an era mitted a great deal of time in dis- The health of Hawaii’s people may be with revolutionary changes in commu- cussing our energy problems. I believe negatively affected by climate change. nications and information tech- the time has come for us to act. I am Higher temperatures may lead to nologies, information exchange, inter- committed to help move the energy greater numbers of heat-related deaths dependent trade, the world economies agenda with alacrity in the coming and illnesses. Increased respiratory ill- are becoming increasingly globalized. Congress. nesses may result due to greater Our challenge will be to sustain this In the coming session, we must try to ground-level ozone. Increased use of air global economy while enhancing the move legislation that encourages, conditioning could increase power global environment. Our energy chal- adopts, and strengthens energy con- plant emissions and air pollution. Viral lenge will be to formulate and imple- servation. We must encourage energy and bacterial contamination of fish and ment policies that provide not only the efficiency, and support renewable en- shellfish habitats could also cause U.S. but all nations with reasonably ergy programs. Above all, we must for- human illness. Expansion of the habi- priced energy. mulate and advance policies that en- tat and infectivity of disease-carrying We need fundamentally different courage the development of energy re- insects could increase the potential for sources of energy for the 21st century. sources that diversify our energy mix diseases such as malaria and dengue Hydrogen is one such energy source. and strengthen our energy security fever. The long-term vision for hydrogen en- without sacrificing the environment. In Honolulu, Nawiliwili, and Hilo, the ergy is that sometime well into the We have had eight long years of un- sea level has increased six to fourteen 21st century, hydrogen will join elec- paralleled economic growth. The

VerDate 31-OCT-2000 03:33 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.037 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11421 health of our economy is threatened by lican Congress refuses to act on sen- these diplomas left for service in the the escalating price of energy and dire sible gun safety legislation. war before they completed their stud- predictions about our energy supply Since Columbine, thousands of Amer- ies. The gesture of awarding an hon- and demand equation. We cannot allow icans have been killed by gunfire. Until orary diploma is a way to thank vet- our energy problem to derail our econ- we act, Democrats in the Senate will erans and demonstrate appreciation for omy. We cannot allow the greenhouse read the names of some of those who the sacrifices that they made. gases to negatively impact the Amer- have lost their lives to gun violence in Students whose high schools award ican people and their way of life. We the past year, and we will continue to honorary diplomas often assist in plan- must act at the earliest possible mo- do so every day that the Senate is in ning the details of the ceremony. In ment in the coming session to address session. the process of developing memorable energy issues that we were not able to In the name of those who died, we and personal additions to the gradua- address in a bipartisan fashion in the will continue this fight. Following are tion, these young people learn about 106th Congress. the names of some of the people who the war and its historical significance. f were killed by gunfire one year ago Pocatello High School has selected today. December 7th of this year, which is the TRIBUTE TO SID YATES October 31, 1999: 59th anniversary of Pearl Harbor, as Mr. KENNEDY. Mr. President, it is a Francisco Aguillon, 31, Chicago, IL; the date of its ceremony for graduating privilege to take this opportunity to Helton Calderio, 42, Detroit, MI; veterans. Honorary diplomas will also pay tribute to my friend and colleague, Lashon Carter, 18, Kansas City, MO; be awarded to those who attended near- Sid Yates, who first came to Congress Archie Dean, 29, Pittsburgh, PA; by Highland High School and Century in 1948 and who served with great dis- Roland Ford, 15, Washington, DC; High School. As part of the festivities, tinction until his retirement at the end Eddie Griffith, Sr., 71, Memphis, TN; one student from each high school will of the last Congress. All of us who Richard Hall, 19, Pittsburgh, PA; interview a veteran who attended his knew and loved Sid were saddened by Larry Lavigne, 22, New Orleans, LA; or her school. The graduates and their his recent death. He was a soft-spoken Willie Matthews, 48, Oakland, CA; families are invited to stay after the leader who demonstrated time and Preston Noble, 25, Philadelphia, PA; ceremony for a reunion. Students have again his unequivocal commitment to William Ohlig, 21, Philadelphia, PA; been asked to help decorate the stage his constituents in Chicago and his un- Billijo M. Pyle, 51, Akron, OH; and escort attendees to their seats. wavering respect for the nation’s best Derrick Smith, 20, Rochester, NY; The Boise High School History Club principles. He was a public servant in Doniell Smith, 14, Washington, DC; is already preparing for the April 17, the truest and most noble sense, and he Gene Thompkins, 57, Akron, OH; and 2001, Boise High veterans’ graduation. was a powerful inspiration to all of us Jorge Vega, 34, Miami-Dade County, Students in the club have done exhaus- who were fortunate enough to work FL. tive research to find eligible veterans. with him. Two of the victims of gun violence I They have also been working to pub- During his years as Chairman of the mentioned, 15-year-old Roland Ford licize the event, preparing a yearbook Interior Appropriations Subcommittee, and 14-year-old Doniell Smith of Wash- for each graduating veteran, and mak- Sid skillfully advanced legislation to ington, D.C., were shot and killed by ing arrangements for a homeroom men- sustain and protect our national parks four masked gunmen while the two tor program. The students are arrang- and historic sites. He was a brilliant boys and their friends were walking ing speaking opportunities for the vet- legislator who has done more to pre- back from a Halloween party hosted by erans and a range of social activities, serve our national historic and cultural their church. The gunmen fired nearly including a cookout. Idaho State Vet- legacy than any other member of Con- 30 shots into the group, injuring two erans Home Volunteer Coordinator, gress. and killing Roland and Doniell. A po- Tom Ressler, says that the goal is to Sid was also well known as lice department representative de- establish a relationship between vet- Congress’s leading advocate for the Na- scribed the two boys as ‘‘strait-laced erans and students before the gradua- tional endowments for the Arts and kids who weren’t involved in any nega- tion. Humanities. He was a strong and cou- tive activity in the community.’’ Eagle High School students showed rageous defender of these important We cannot sit back and allow such their appreciation for WWII veterans agencies. Especially during times of senseless gun violence to continue. The by raising more than twenty-three controversy over the agencies, he deaths of these people are a reminder thousand dollars for the National WWII spoke effectively and persuasively to to all of us that we need to enact sen- Memorial. Their year-and-a-half fund- preserve their vital programs. because sible gun legislation now. raising effort proved to be the most of Sid Yates, art and music and dance f successful of all our nation’s high and theater are now more accessible to schools. The enthusiastically-run fund- families across the nation through ADDITIONAL STATEMENTS raising campaign included candy sales, their schools and in their cultural in- a giant tag sale, and concession stands. stitutions. It’s an outstanding legacy, The students also marched in parades COMMENDING IDAHO HIGH SCHOOL and I know I join my colleagues in Con- and ran advertisements on television. STUDENTS FOR HONORING WWII gress in a commitment to honor Sid Eleventh grade American history VETERANS Yates’ memory with a renewed effort teacher, Gail Chumbley, and student to support the endowments. ∑ Mr. CRAPO. Mr. President, I rise to chairs Fil Southerland and Kate Bowen Sid Yates will long be remembered as commend the Idaho youth who have spearheaded the initiative. Ms. a man who brought graciousness, in- honored World War II veterans in re- Chumbley reported that the fund- tegrity and civility to public service. cent months. Several Idaho high raising campaign has motivated many He is a patriot who is deeply missed schools, including Pocatello High students to learn about WWII outside here in Congress as well as in his be- School, Highland High School, and of class. Ms. Chumbley, Mr. loved Chicago. I commend all that he Century High School, as well as Bosie Southerland, and Ms. Bowen will accomplished, and all of us are grateful high School, have become tremen- present The National Campaign Chair- for his five decades of selfless and prin- dously involved in Operation Recogni- man, Senator Bob Dole, with a com- cipled public service. He will be re- tion. In addition, students at Eagle memorative check at the monument’s membered fondly for many years to High School have fundraised exten- groundbraking ceremony that will be come. sively for the National WWII Memorial held on Veterans’ Day this year. f that will be placed on the National I take great pride in the fact that Mall in Washington, DC. members of the youngest generation of VICTIMS OF GUN VIOLENCE Operation Recognition is a new pro- Idahoans, who have grown up in a time Mr. HARKIN. Mr. President, it has gram through which honorary high of relative peace and unprecedented been more than a year since the Col- school diplomas are awarded to WWII prosperity for our country, take time umbine tragedy, but still this Repub- veterans. The veterans who receive to honor our nation’s WWII veterans.

VerDate 31-OCT-2000 02:59 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.040 pfrm01 PsN: S31PT1 S11422 CONGRESSIONAL RECORD — SENATE October 31, 2000 Through their endeavors, these stu- Mr. Hayes, one of its reading clerks, War battlefields along the Vicksburg Cam- dents have learned much about WWII. announced that the House has passed paign Trail. In the process, they have heightened the following bills, without amend- S. 748. An act to improve Native hiring and contracting by the Federal Government their community’s awareness of this ment: within the State of Alaska, and for other important part of American history S. 2485. An act to direct the Secretary of purposes. and the brave people who were part of the Interior to provide assistance in plan- S. 1030. An act to provide that the convey- it.∑ ning and constructing a regional heritage ance by the Bureau of Land Management of f center in Calais, Maine. the surface estate to certain land in the S. 3164. An act to protect seniors from State of Wyoming in exchange for certain COMMENDATION FOR JARED HOHN fraud. private land will not result in the removal of AND THE HOTSHOTS The message also announced that the the land from operation of the mining laws. ∑ House has agreed to the following con- S. 1088. An act to authorize the Secretary Mr. JOHNSON. Mr.President, I rise of Agriculture to convey certain administra- today to commend the Sawtooth Hot- current resolutions, without amend- tive sites in national forests in the State of shots for their valiant efforts in fight- ment: Arizona, to convey certain land to the City ing the recent forest fires that raged S. Con. Res. 154. Concurrent resolution to of Sedona, Arizona for a wastewater treat- through the Black Hills of South Da- acknowledge and salute the contributions of ment facility, and for other purposes. kota and other western states. The coin collectors. S. 1211. An act to amend the Colorado Hotshots are U.S. Forest Service fire S. Con. Res. 165. Concurrent resolution to River Basin Salinity Control Act to author- make a correction in the enrollment of the ize additional measures to carry out the con- crews that specialize in putting out bill S. 1474. trol of salinity upstream of Imperial Dam in large forest fires. The work is tough, The message further announced that a cost-effective manner. demanding and invaluable. The Hot- the House has agreed to the amend- S. 1218. An act to direct the Secretary of shot crew is dedicated, spending count- the Interior to issue to the Landusky School ment of the Senate to the bill (H.R. less hours training for situations like District, without consideration, a patent for 5239) to provide for increased penalties those faced this summer. Once the fires the surface and mineral estate of certain for violations of the Export Adminis- occur, they often literally work around lots, and for other purposes. tration Act of 1979, and for other pur- S. 1275. An act to authorize the Secretary the clock to save the forests. poses. of the Interior to produce and sell products Nowhere is this spirit more exempli- and to sell publications relating to the Hoo- fied than by Jared Hohn, a 21-year old The message also announced that the House has agreed to the amendments of ver Dam, and to deposit revenues generated college student from Hill City, South from the sales into the Colorado River Dam Dakota. For the last four summers, the Senate to the resolution (H.J. Res. fund. Jared has worked as a member of the 102) recognizing that the Birmingham S. 1367. An act to amend the Act which es- Hotshot crew, fighting fires all over Pledge has made a significant con- tablished the Saint-Gaudens Historic Site, in tribution in fostering racial harmony the State of New Hampshire, by modifying the country to help put himself the boundary and for other purposes. through college at the University of and reconciliation in the United States and around the world, and for other S. 1778. An act to provide for equal ex- South Dakota. As a member of the changes of land around the Cascade Res- crew, he often works 16 hour days and, purposes. ervoir. in one instance, worked for 42 hours The message further announced that S. 1894. An act to provide for the convey- straight fighting desert fires. the House has passed the following ance of certain land to Park County, Wyo- The work is dangerous and many bills, in which it requests the concur- ming. rence of the Senate: S. 2060. An act to permit the conveyance of lives have been lost. But the 80 hours of certain land in Powell, Wyoming. H.R. 4907. An act to establish the James- training that the crew receives at the S. 2300. An act to amend the Mineral Leas- start of each summer greatly helps to town 400th Commemoration Commission, ing Act to increase the maximum acreage of and for other purposes. Federal leases for coal that may be held by minimize the danger that they face. H.R. 5461. An act to amend the Magnuson- an entity in any 1 State. The training teaches proper firefighter Stevens Fishery Conservation and Manage- techniques and understanding of the S. 2425. An act to authorize the Bureau of ment Act to eliminate the wasteful and un- Reclamation to participate in the planning, forces that affect fires, like weather sportsmanlike practice of shark finning. design, and construction of the Bend Feed H.R. 5537. An act to waive the period of patterns. Canal Pipeline Project, Oregon, and for other The dedication to public service and Congressional review of the Child in Need of purposes. to saving lives is reflected in Jared and Protection Amendment Act of 2000. S. 2872. An act to improve the cause of ac- the entire Hotshot crew. Jared and the The message also announced that the tion for misrepresentation of Indian arts and Hotshots are a hard-working group who House has agreed to the following con- crafts. literally lay their lives on the line to current resolutions, and requests the S. 2882. An act to authorize the Bureau of concurrence of the Senate: Reclamation to conduct certain feasibility improve the world around us and to studies to augment water supplies for the protect us from fires. We owe a great H. Con. Res. 434. Concurrent resolution Klamath Project, Oregon and California, and deal to them and to the Forest Service commending the men and women who fought for other purposes. for preforming such a valuable public the year 2000 wildfires for their heroic efforts S. 2951. An act to authorize the Commis- service.∑ in protecting human lives and safety and sioner of Reclamation to conduct a study to limiting property losses. f investigate opportunities to better manage H. Con. Res. 439. Concurrent resolution cor- the water resources in the Salmon Creek wa- MESSAGES FROM THE PRESIDENT recting the enrollment of H.R. 2614. tershed of the upper Columbia River. ENROLLED BILLS SIGNED S. 2977. An act to assist in the establish- Messages from the President of the At 5:16 p.m., a message from the ment of an interpretive center and museum United States were communicated to House of Representatives, delivered by in the vicinity of the Diamond Valley Lake the Senate by Ms. Evans, one of his Mr. Hayes, one of its clerks, announced in southern California to ensure the protec- secretaries. tion and interpretation of the paleontology that the Speaker has signed the fol- discoveries made at the lake and to develop EXECUTIVE MESSAGES REFERRED lowing enrolled bills: As in executive session the Presiding a trail system for the lake for use by pedes- S. 501. An act to address resource manage- trians and nonmotorized vehicles. Officer laid before the Senate messages ment issues in Glacier Bay National Park, S. 3022. An act to direct the Secretary of from the President of the United Alaska. the Interior to convey certain irrigation fa- States submitting sundry nominations S. 503. An act designating certain land in cilities to the Nampa and Meridian Irriga- which were referred to the appropriate the San Isabel National Forest in the State tion District. committees. of Colorado as the ‘‘Spanish Peaks Wilder- H.R. 2498. An act to amend the Public (The nominations received today are ness.’’ Health Service Act to provide for rec- printed at the end of the Senate pro- S. 610. An act to direct the Secretary of the ommendations of the Secretary of Health and Human Services regarding the place- ceedings.) Interior to convey certain land under the jurisdiction of the Bureau of Land Manage- ment of automatic external defibrillators in f ment in Washakie County and Big Horn Federal buildings in order to improve sur- MESSAGES FROM THE HOUSE County, Wyoming, to the Westside Irrigation vival rates of individuals who experience car- District, Wyoming, and for other purposes. diac arrest in such buildings, and to estab- At 5:16 p.m., a message from the S. 710. An act to authorize the feasibility lish protections from civil liability arising House of Representatives, delivered by study on the preservation of certain Civil from the emergency use of the devices.

VerDate 31-OCT-2000 02:59 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.043 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11423 H.R. 4788. An act to amend the United EC–11389. A communication from the Al- INTRODUCTION OF BILLS AND States Grain Standards Act to extend the ternate OSD Federal Liaison Officer, Office JOINT RESOLUTIONS authority of the Secretary of Agriculture to of the Secretary, Department of Defense, collect fees to cover the cost of services per- transmitting, pursuant to law, the report of The following bills and joint resolu- formed under the Act, to extend the author- a rule entitled ‘‘TRICARE Prime Enroll- tions were introduced, read the first ization of appropriations for the Act, and to ment’’ received on October 26, 2000; to the and second times by unanimous con- improve the administration of the Act. Committee on Armed Services. sent, and referred as indicated: H.R. 4868. An act to amend the Harmonized EC–11390. A communication from the Di- By Mr. CRAIG: Tariff Schedule of the United States to mod- rector of the Defense Procurement, Depart- S. 3265. A bill to amend the Internal Rev- ify temporarily certain rates of duty, to ment of Defense, transmitting, pursuant to enue Code of 1986 to clarify treatment of em- make other technical amendments to the law, the report of a rule entitled ‘‘Update of ployee stock purchase plans; to the Com- trade laws, and for other purposes. Small Business Specialist Functions’’ mittee on Finance. Under the authority of the order of (DFARS Case 2000–D021) received on October By Mr. BREAUX: the Senate of October 30, 2000, at 8 26, 2000; to the Committee on Armed Serv- S. 3266. A bill to amend the Delta Develop- p.m., a message from the House of Rep- ices. ment Act to expand the area covered by the resentatives, delivered by Ms. Kevie EC–11391. A communication from the Chief, Lower Mississippi Delta Development Com- Military Justice Division, Air Force Legal mission to include Natchitoches Parish, Lou- Niland, one of its reading clerks, an- Services Agency, transmitting, pursuant to nounced that the House has passed the isiana; to the Committee on Environment law, the report of a rule entitled ‘‘Delivery of and Public Works. following joint resolution: Personnel to United States Civilian Authori- H.J. Res. 121. Joint resolution making fur- ties for Trial’’ (32 CFR 884) received on Octo- f ther continuing appropriations for the fiscal ber 26, 2000; to the Committee on Armed year 2001, and for other purposes. Services. SUBMISSION OF CONCURRENT AND ENROLLED BILL SIGNED EC–11392. A communication from the Gen- SENATE RESOLUTIONS eral Counsel, National Credit Union Admin- The message also announced that the The following concurrent resolutions Speaker has signed the following en- istration, transmitting, pursuant to law, the report of a rule entitled ‘‘12 CFR Part 747 and Senate resolutions were read, and rolled joint resolution: Civil Monetary Penalty Inflation Adjust- referred (or acted upon), as indicated: H.J. Res. 121. Joint resolution making fur- ment’’ received on October 26, 2000; to the By Mrs. HUTCHISON (for herself and ther continuing appropriations for the fiscal Committee on Banking, Housing, and Urban Mr. GRAMM): year 2001, and for other purposes. Affairs. S. Con. Res. 157. A concurrent resolution The enrolled joint resolution was EC–11393. A communication from the Gen- expressing the sense of the Congress that the signed subsequently by the President eral Counsel, Federal Emergency Manage- Government of Mexico should adhere to the pro tempore (Mr. THURMOND). ment Agency, transmitting, pursuant to law, terms of the 1944 Utilization of Waters of the f the report of a rule entitled ‘‘National Flood Colorado and Tijuana Rivers and of the Rio Insurance Program (NFIP); Insurance and Grande Treaty between the United States EXECUTIVE AND OTHER Rates 65 FR 60759 10/12/2000’’ (RIN3067–AD01) and Mexico; to the Committee on Foreign COMMUNICATIONS received on October 26, 2000; to the Com- Relations. mittee on Banking, Housing, and Urban Af- By Mr. HATCH (for himself, Mrs. FEIN- The following communications were fairs. STEIN, Mr. BINGAMAN, Mr. CONRAD, laid before the Senate, together with EC–11394. A communication from the Sec- and Mrs. HUTCHISON): accompanying papers, reports, and doc- retary of the Division of Corporation Fi- S. Con. Res. 158. A concurrent resolution uments, which were referred as indi- nance, Securities and Exchange Commission, expressing the sense of Congress regarding cated: transmitting, pursuant to law, the report of appropriate actions of the United States EC–11384. A communication from the Di- a rule entitled ‘‘Delivery of Proxy State- Government to facilitate the settlement of rector of the Office of Regulations Manage- ments and Information Statements to claims of former members of the Armed ment, Veterans Benefits Administration, De- Households’’ (RIN3235–AH66) received on Oc- Forces against Japanese companies that partment of Veterans Affairs, transmitting, tober 27, 2000; to the Committee on Banking, profited from the slave labor that those per- pursuant to law, the report of a rule entitled Housing, and Urban Affairs. sonnel were forced to perform for those com- ‘‘Increase in Rates Payable Under the Mont- EC–11395. A communication from the panies as prisoners of war of Japan during gomery GI Bill—Selected Reserve’’ (RIN2900– Under Secretary of Food, Nutrition, and World War II; considered and agreed to. Consumer Services, Department of Agri- AJ88) received on October 26, 2000; to the f Committee on Veterans’ Affairs. culture, transmitting, pursuant to law, the EC–11385. A communication from the Chief report of a rule entitled ‘‘Food Stamp Pro- of the Regulations Unit, Internal Revenue gram: Non-Discretionary Provisions of the STATEMENTS ON INTRODUCED Service, Department of the Treasury, trans- Personal Responsibility and Work Oppor- BILLS AND JOINT RESOLUTIONS mitting, pursuant to law, the report of a rule tunity Reconciliation Act of 1996’’ (RIN0584– Mr. CRAIG: entitled ‘‘John D. Shea v. Commissioner’’ AC41) received on October 26, 2000; to the Committee on Agriculture, Nutrition, and S. 3265. A bill to amend the Internal (115 T.C. No. 8) received on October 27, 2000; Revenue Code of 1986 to clarify treat- to the Committee on Finance. Forestry. EC–11386. A communication from the Chief EC–11396. A communication from the Asso- ment of employee stock purchase of the Regulations Unit, Internal Revenue ciate Administrator, Agricultural Marketing plans; to the Committee on Finance. Service, Department of the Treasury, trans- Service, Department of Agriculture, trans- WORKER INVESTMENT PROTECTION ACT mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Mr. CRAIG. Mr. President, I rise to entitled ‘‘Rev. Rul. 2000–51–BLS–LIFO De- entitled ‘‘Kiwifruit Grown in California; De- introduce important legislation department Store Indexes—September 2000’’ creased Assessment Rate’’ (Docket Number: (Rev. Rul. 2000–51) received on October 27, FV00–920–3 FIR) received on October 27, 2000; signed to clarify the tax treatment of 2000; to the Committee on Finance. to the Committee on Agriculture, Nutrition, employee stock purchase plans EC–11387. A communication from the As- and Forestry. (ESPPs). The Worker Investment Pro- sistant Secretary for Policy, Management tection Act provides this needed clari- and Budget, Department of the Interior, f fication. transmitting, pursuant to law, the report of Employee stock purchase plans are a a rule entitled ‘‘Nondiscrimination on the common tool used by employers to Basis of Sex in Education Programs or Ac- REPORTS OF COMMITTEES allow rank-and-file employees to set tivities Receiving Federal Financial Assist- The following reports of committees ance’’ (RIN1090–AA64) received on October 26, aside part of their paychecks to pur- 2000; to the Committee on Energy and Nat- were submitted: chase the company’s stock. The tax ural Resources. By Mr. CAMPBELL, from the Committee code provides incentives for employees EC–11388. A communication from the Gen- on Indian Affairs, with an amendment in the to participate in ESPPs to encourage eral Counsel, Architectural and Transpor- nature of a substitute: employee ownership. This legislation is tation Barriers Compliance Board, transmit- S. 2665: A bill to establish a streamlined necessary because in selected cases ting, pursuant to law, the report of a rule en- process to enable the Navajo Nation to lease around the country, the Internal Rev- titled ‘‘Americans with Disabilities Act trust lands without having to obtain the ap- (ADA) Accessibility Guidelines for Buildings proval of the Secretary of the Interior of in- enue Service (IRS) has begun to act and Facilities; Play Areas’’ (RIN3014–AA21) dividual leases, except leases for exploration, contrary to almost 30 years of pub- received on October 23, 2000; to the Com- development, or extraction of any mineral lished policy, and is attempting to col- mittee on Environment and Public Works. resources (Rept. No. 106–511). lect income taxes and payroll taxes on

VerDate 31-OCT-2000 03:48 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.045 pfrm01 PsN: S31PT1 S11424 CONGRESSIONAL RECORD — SENATE October 31, 2000 ESPPs. For three decades, the pub- Mr. President, I ask unanimous con- pursuant to a qualified stock option does not lished IRS ruling position (Rev. Rul. sent the attached letters from the result in the payment of ‘‘wages’’ and, there- 71–52) has been that transactions under American Electronic Association, Mi- fore, is not subject to income tax with- qualified stock option plans do not give cron Technology, and the National As- holding and employment taxes. Employers and the IRS have followed this principles for rise to income that is subject to em- sociation of Manufacturers in support almost 30 years. ployment taxes. In Notice 87–49, the of my efforts regarding employee stock Recently, and without proper notification IRS extended the principles of this rul- purchase plans be made a part of the to taxpayers, the IRS changed its position ing to incentive stock options (ISOs). RECORD, immediately following my re- and instructed its auditors to retroactively In a series of private letter rulings, the marks. impose deficiency assessments on companies IRS applied the same position to ESPP There being no objection, the letters that failed to withhold income and employ- transactions, which are generally gov- were ordered to be printed in the ment taxes on the benefits afforded by qualified ESPPs. erned by the same Code provisions as RECORD, as follows: There are compelling legal and policy rea- qualified and incentive stock options. AMERICAN ELECTRONICS ASSOCIATION, sons to support the position that ESPP The IRS has periodically indicated that Washington, DC, September 20, 2000. transactions are exempt from employment it may reconsider the positions in Rev. Re tax withholding on employee stock pur- taxes and Federal income tax withholding. Rul. 71–52 and Notice 87–49, but no fur- chase plans. The IRS’s change of position will discourage ther official guidance has been forth- Hon. LARRY CRAIG, broad-based employee stock ownership; will coming. U.S. Senate, weaken the incentives for workers to partici- Rev. Rul. 71–52 and Notice 87–49 re- Washington, DC. pate in these programs; and will increase main the best statements of current DEAR SENATOR CRAIG: On behalf of the corporate compliance costs far in excess of law and represent the only publicly more than 3,000 small, medium and large the potential tax amounts involved. Sincerely, published IRS position on current law. company members of the American Elec- tronics Association (AEA), I am writing to RODERIC W. LEWIS, Nevertheless, IRS agents have selec- express our serious concern over the issue of Vice President and General Counsel. tively begun seeking to collect retro- payroll tax withholding on stock obtained active assessments of employment from an employee stock purchase plan NATIONAL ASSOCIATION taxes, including withholdings, from (ESPP) qualified under section 423 of the In- OF MANUFACTURERS, employers who reasonably relied on ternal Revenue Code. Many of our member Washington, DC, September 20, 2000. these rulings and did not subject trans- companies’ ESPPs have been an important Hon. WILLIAM V. ROTH, actions under ESPPs to such taxes. part of their overall compensation packages, Chairman, Committee on Finance, The IRS’s actions in this area are in- benefiting over hundreds of thousands high- U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: On behalf of the Na- consistent with long-standing pub- tech employees. We are writing to express our strong sup- tional Association of Manufacturers (NAM), lished IRS positions. This legislation port of your effort to amend the Community the ‘‘18 million people who make things in would clarify that any income arising Renewal and New Markets Act of 2000 to en- America’’ and our 14,000 small, mid-sized and from transactions under ISOs and sure that purchases from Employee Stock large member companies, I urge you to take ESPPs, either upon grant or exercise, Purchase Plans (‘‘ESPP’’) continue to enjoy action this year on a proposal to clarify the or qualifying and disqualifying disposi- the favorable tax treatment that was in- tax treatment of employee stock purchase tion, is not subject to employment tended. plans (ESPPs). Specifically, I encourage you taxes or federal income tax with- AeA understands that the favorable tax to include in your Chairman’s Mark of the treatment of equity ownership by employees Community Renewal and New Markets Act holding. of 2000 an ESPP amendment officer by com- ESPPs are the primary vehicle is in jeopardy. The Treasury is working on guidance that could reverse 30 years of IRS mittee member Larry Craig. through which rank and file workers precedent and business practice in this area The tax code currently includes incentives purchase stock in their companies. by imposing employment taxes when em- for ESPPs that employees to purchase com- However, additional tax liabilities on ployees exercise ESPP options. There simply pany stock at a discount of up of 15%. For employees and high administrative is no reason to impose employment taxes on nearly 30 years, IRS has taken the position costs for plan administration will dis- amounts that are not subject to current in- in published guidance that ESPP trans- courage employers from offering these come tax, and no law has changed that vali- actions are exempt from employment taxes programs that encourage broad-based dates the IRS’ change in position. Sound tax and federal income tax withholding. How- ever, over the past two years, IRS agents employee stock ownership. Imposing policy supports rules that encourage companies to continue these plans and does not have sought to collect employment taxes employment taxes on otherwise non- weaken the incentives for rank-and-file em- from employers who did not subject these taxable transactions will weaken in- ployees to participate in them. transactions to such taxes. The amendment centives for employees to participate. We support your amendment to the Com- offered by Sen. Craig confirms that any in- The taxes involved are very modest munity Renewal and New Markets Act of come from ESPP transactions is not subject when compared with the compliance 2000 legislation that would reaffirm the posi- to employment taxes or federal income tax costs and the unfair burdens on rank- tions that taxpayers have been following in withholding. and-file workers generally. good faith in this area, consistent with Con- Based on our experience, ESPPs motivate gressional intent. Please feel free to contact employees and create entrepreneurial zeal by This legislation will clarify what is giving workers a stake in their company’s sensible tax policy regarding ESPPs. me or AEA’s Tax Counsel, Caroline Graves Hurley, if we can provide you any additional future. In contrast, the additional tax liabil- More important, it will empower work- information on this matter. We appreciate ities and administrative costs of IRS’ change ers during their working years because your attention to this important issue. in position will discourage employers from they will be both employees and own- Sincerely, offering these programs. At the same time, ers of the company as well as addi- JOHN P. PALAFOUTAS, imposing employment taxes on ESPP trans- tional providers of their own retire- Sr. Vice President. actions will confuse employees and weaken ment security. Furthermore, it will incentives for them to participate. The Craig MICRON TECHNOLOGY, INC., amendment will ensure that employers con- thwart the arbitrary and selective IRS tinue to offer ESPPs and that employees actions, contrary to all previously pub- Boise, ID, September 20, 2000. Hon. LARRY CRAIG, continue to benefit from company owner- lished Treasury and IRS policies. U.S. Senate, ship. Thank you in advance for supporting I am introducing the Worker Invest- Washington, DC. this important initiative. ment Protection Act in the closing DEAR MR. CRAIG: Micron Technology is Sincerely, days of the 106th Congress with the writing to seek your support of legislation DOROTHY COLEMAN, hope that the Secretary of the Treas- that would confirm the long-standing treat- Vice President, Tax Policy. ury, Lawrence Summers, will clarify ment under the tax code of Employee Stock f longstanding IRS policy, and therefore Purchase Plans (‘‘ESPPs’’). This issue is preclude the need for this legislation. very important to companies like ours who ADDITIONAL COSPONSORS encourage employee-ownership. If not, I intend to pursue this legisla- S. 751 To provide some background, an employer tion aggressively during the next ses- is generally required to withhold income and At the request of Mr. LEAHY, the sion of Congress. I urge my colleagues employment taxes on ‘‘wages’’ paid to an name of the Senator from Wisconsin to support the Worker Investment Pro- employee. However, the IRS ruled in 1971 (Mr. FEINGOLD) was added as a cospon- tection Act. that the acquisition of stock by an employee sor of S. 751, a bill to combat nursing

VerDate 31-OCT-2000 03:48 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.057 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11425 home fraud and abuse, increase protec- S. 3152 SENATE CONCURRENT RESOLU- tions for victims of telemarketing At the request of Mr. ROTH, the name TION 158—EXPRESSING THE fraud, enhance safeguards for pension of the Senator from Maine (Ms. COL- SENSE OF CONGRESS REGARD- plans and health care benefit programs, LINS) was added as a cosponsor of S. ING APPROPRIATE ACTIONS OF and enhance penalties for crimes 3152, a bill to amend the Internal Rev- THE UNITED STATES GOVERN- against seniors, and for other purposes. enue Code of 1986 to provide tax incen- MENT TO FACILITATE THE SET- S. 861 tives for distressed areas, and for other TLEMENT OF CLAIMS OF At the request of Mr. DURBIN, the purposes. FORMER MEMBERS OF THE name of the Senator from Oregon (Mr. S. 3242 ARMED FORCES AGAINST JAPA- WYDEN) was added as a cosponsor of S. At the request of Mr. HARKIN, the NESE COMPANIES THAT PROF- 861, a bill to designate certain Federal name of the Senator from North Da- ITED FROM THE SLAVE LABOR land in the State of Utah as wilderness, kota (Mr. CONRAD) was added as a co- THAT THOSE PERSONNEL WERE and for other purposes. sponsor of S. 3242, a bill to amend the FORCED TO PERFORM FOR S. 1020 Consolidated Farm and Rural Develop- THOSE COMPANIES AS PRIS- At the request of Mr. GRASSLEY, the ment Act to encourage equity invest- ONERS OF WAR OF JAPAN DUR- name of the Senator from Oregon (Mr. ment in rural cooperatives and other ING WORLD WAR II WYDEN) was added as a cosponsor of S. rural businesses, and for other pur- Mr. HATCH (for himself, Mrs. FEIN- 1020, a bill to amend chapter 1 of title poses. STEIN, Mr. BINGAMAN, Mr. CONRAD, and 9, United States Code, to provide for f Mrs. HUTCHISON) submitted the fol- greater fairness in the arbitration lowing concurrent resolution; which SENATE CONCURRENT RESOLU- process relating to motor vehicle fran- was considered and agreed to: TION 157—EXPRESSING THE chise contracts. S. CON. RES. 158 SENSE OF THE CONGRESS THAT S. 1510 Whereas from December 1941 to April 1942, THE GOVERNMENT OF MEXICO members of the United States Armed Forces At the request of Mr. MCCAIN, the SHOULD ADHERE TO THE TERMS fought valiantly against overwhelming Japa- name of the Senator from Georgia (Mr. OF THE 1944 UTILIZATION OF WA- nese military forces on the Bataan peninsula MILLER) was added as a cosponsor of S. TERS OF THE COLORADO AND of the Island of Luzon in the Philippines, 1510, a bill to revise the laws of the TIJUANA RIVERS AND OF THE thereby preventing Japan from accomplishing strategic objectives necessary for United States appertaining to United RIO GRANDE TREATY BETWEEN States cruise vessels, and for other pur- achieving early military victory in the Pa- THE UNITED STATES AND MEX- cific during World War II; poses. ICO Whereas after receiving orders to surrender S. 2280 Mrs. HUTCHISON (for herself and on April 9, 1942, many of those valiant com- At the request of Mr. MCCONNELL, batants were taken prisoner of war by Japan Mr. GRAMM) submitted the following the name of the Senator from New and forced to march 85 miles from the Ba- concurrent resolution; which was re- Hampshire (Mr. SMITH) was added as a taan peninsula to a prisoner-of-war camp at ferred to the Committee on Foreign former Camp O’Donnell; cosponsor of S. 2280, a bill to provide Relations: Whereas, of the members of the United for the effective punishment of online States Armed Forces captured by Imperial S. CON. RES. 157 child molesters. Japanese forces during the entirety of World Whereas, the United States and Mexico S. 2718 War II, a total of 36,260 of them survived signed a Treaty on Water Utilization on Feb- their capture and transit to Japanese pris- At the request of Mr. SMITH of New ruary 3, 1944, to divide the waters of the Rio oner-of-war camps to be interned in those Hampshire, the name of the Senator Grande and Colorado River systems, and; camps, and 37.3 percent of those prisoners of from Vermont (Mr. LEAHY) was added Whereas, the Treaty required Mexico to de- war died during their imprisonment in those as a cosponsor of S. 2718, a bill to liver a minimum of 350,000 acre feet of water camps: amend the Internal Revenue Code of per year on a five year average from six Whereas that march resulted in more than 1986 to provide incentives to introduce Mexican tributaries, and; 10,000 deaths by reason of starvation, disease, new technologies to reduce energy con- Whereas, the Treaty required the United and executions; States to deliver a minimum of 1,500,000 acre Whereas many of those prisoners of war sumption in buildings. feet of water per year from the Colorado were transported to Japan where they were S. 2887 River, and; forced to perform slave labor for the benefit At the request of Mr. GRASSLEY, the Whereas, the United States has never of private Japanese companies under bar- name of the Senator from Oregon (Mr. failed to meet its obligations under the Trea- baric conditions that included torture and inhumane treatment as to such basic human WYDEN) was added as a cosponsor of S. ty, and; needs as shelter, feeding, sanitation, and 2887, a bill to amend the Internal Rev- Whereas, during the period of 1992–1997, Mexico failed to meet its obligations under health care; enue Code of 1986 to exclude from gross the treaty by 1,024,000 acre feet, and; Whereas the private Japanese companies income amounts received on account of Whereas, a recent study conducted by the unjustly profited from the uncompensated claims based on certain unlawful dis- Texas A&M University agriculture program labor cruelly exacted from the American per- crimination and to allow income aver- has determined the economic impact to sonnel in violation of basic human rights; Whereas these Americans do not make any aging for backpay and frontpay awards South Texas from this water loss due to non- claims against the Japanese Government or compliance with the Treaty at $441,000,000 received on account of such claims, and the people of Japan, but, rather, seek some per year; for other purposes. measure of justice from the Japanese compa- Whereas, the Government of Mexico has S. 3116 nies that profited from their slave labor; not presented any plan to repay its entire Whereas they have asserted claims for At the request of Mr. BREAUX, the water debt, as required by the Treaty; Now, name of the Senator from Oregon (Mr. compensation against the private Japanese therefore, be it companies in various courts in the United WYDEN) was added as a cosponsor of S. Resolved by the Senate (the House of Rep- States; 3116, a bill to amend the Harmonized resentatives concurring), That it is the sense of Whereas the United States Government Tariff Schedule of the United States to Congress that: has, to date, opposed the efforts of these prevent circumvention of the sugar (1) The President of the United States Americans to receive redress for the slave tariff-rate quotas. should promptly utilize the full power of his labor and inhumane treatment, and has not office to bring about compliance with the made any efforts to facilitate discussions S. 3139 1944 Treaty on Water Utilization in order among the parties; At the request of Mr. ABRAHAM, the that the full requirement of water be avail- Whereas in contrast to the claims of the name of the Senator from Minnesota able for United States use during the next Americans who were prisoners of war in (Mr. WELLSTONE) was added as a co- full crop season. Japan, the Department of State has facili- sponsor of S. 3139, a bill to ensure that (2) The United States Section of the Inter- tated a settlement of the claims made no alien is removed, denied a benefit national Boundary and Water Commission against private German businesses by indi- should work to bring about full compliance viduals who were forced into slave labor by under the Immigration and Nationality with the 1944 Treaty on Water Utilization the Government of the Third Reich of Ger- Act, or otherwise deprived of liberty, and not accept any water debt or deficit re- many for the benefit of the German busi- based on evidence that is kept secret payment plan which does not provide for the nesses during World War II: Now, therefore, from the alien. full repayment of water owed. be it

VerDate 31-OCT-2000 02:59 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.049 pfrm01 PsN: S31PT1 S11426 CONGRESSIONAL RECORD — SENATE October 31, 2000 Resolved by the Senate (the House of Rep- but prior to seeking judicial review of such mations were filed, and in which the subse- resentatives concurring), That it is the sense decision. quent guilty pleas, convictions, and acquit- of Congress that it is in the interest of jus- ‘‘(C) The Commission shall make a deter- tals occurred; tice and fairness that the United States, mination on an appeal submitted under sub- (C) specification of the Federal statutes through the Secretary of State or other ap- paragraph (B) not later than 180 days after utilized for prosecution; propriate officials, put forth its best efforts its submittal. (D) a brief factual description of signifi- to facilitate discussions designed to resolve ‘‘(D) If the Commission determines under cant investigations and prosecutions; and all issues between former members of the subparagraph (C) that a State or local gov- (E) specification of the sentence imposed Armed Forces of the United States who were ernment agency has acted outside its author- as a result of each guilty plea and convic- prisoners of war forced into slave labor for ity in enforcing a statute or ordinance, the tion. the benefit of Japanese companies during Commission shall preempt the decision en- SEC. 3. FALSE IDENTIFICATION. World War II and the private Japanese com- forcing the statute or ordinance. Section 1028 of title 18, United States Code, panies who profited from their slave labor. ‘‘(5) The enforcement of statute or ordi- is amended— nance that prohibits a violation of a regula- f (1) in subsection (a)— tion by a State or local government under (A) in paragraph (6), by striking ‘‘or’’ after AMENDMENTS SUBMITTED paragraph (1) in a particular case shall not the semicolon; preclude the Commission from enforcing the (B) by redesignating paragraph (7) as para- regulation in that case concurrently. graph (8); and MARRIAGE TAX RELIEF ACT OF ‘‘(6) Nothing in this subsection shall be (C) by inserting after paragraph (6) the fol- construed to diminish or otherwise affect the 2000 lowing: jurisdiction of the Commission under this ‘‘(7) knowingly produces or transfers a doc- section over devices capable of interfering ument-making implement that is designed with radio communications. for use in the production of a false identifica- FEINGOLD (AND OTHERS) ‘‘(7) The enforcement of a statute or ordi- tion document; or’’; AMENDMENT NO. 4354 nance by a State or local government under (2) in subsection (b)(1)(D), by striking ‘‘(7)’’ paragraph (1) with regard to citizens band Mr. GRASSLEY (for Mr. FEINGOLD and inserting ‘‘(8)’’; radio equipment on board a ‘commercial (3) in subsection (b)(2)(B), by striking ‘‘or (for himself, Mr. ABRAHAM, and Mr. motor vehicle’, as defined in section 31101 of (7)’’ and inserting ‘‘, (7), or (8)’’; LEVIN)) proposed an amendment to the title 49, United States Code, shall require (4) in subsection (c)(3)(A), by inserting ‘‘, bill (S. 2346) to amend the Internal probable cause to find that the commercial including the making available of a docu- Revenue Code of 1986 to reduce the motor vehicle or the individual operating ment by electronic means’’ after ‘‘com- marriage penalty by providing for ad- the vehicle is in violation of the regulations merce’’; justments to the standard deduction, described in paragraph (1).’’. (5) in subsection (d)— 15-percent and 28-percent rate brack- (A) in paragraph (1), by inserting ‘‘tem- ets, and earned income credit, and for INTERNET FALSE IDENTIFICATION plate, computer file, computer disc,’’ after PREVENTION ACT OF 2000 ‘‘impression,’’; other purposes: as follows: (B) by redesignating paragraph (6) as para- Strike all after the enacting clause and in- graph (8); sert the following: COLLINS (AND FEINSTEIN) (C) by redesignating paragraphs (3) SECTION 1. STATE AND LOCAL ENFORCEMENT through (5) as paragraphs (4) through (6), re- OF FEDERAL COMMUNICATIONS AMENDMENT NO. 4355 spectively; COMMISSION REGULATIONS ON USE Mr. GRASSLEY (for Ms. COLLINS (for (D) by inserting after paragraph (2) the fol- OF CITIZENS BAND RADIO EQUIP- herself and Mrs. FEINSTEIN)) proposed lowing: MENT. ‘‘(3) the term ‘false identification docu- Section 302 of the Communications Act of an amendment to the bill (S. 2924) to strengthen the enforcement of Federal ment’ means an identification document of a 1934 (47 U.S.C. 302a) is amended by adding at type intended or commonly accepted for the the end the following: statutes relating to false identification purposes of identification of individuals ‘‘(f)(1) Except as provided in paragraph (2), and for other purposes; as follows: that— a State or local government may enact a Strike all after the enacting clause and in- ‘‘(A) is not issued by or under the author- statute or ordinance that prohibits a viola- sert the following: ity of a governmental entity; and tion of the following regulations of the Com- SECTION 1. SHORT TITLE. ‘‘(B) appears to be issued by or under the mission under this section: This Act may be cited as the ‘‘Internet authority of the United States Government, ‘‘(A) A regulation that prohibits a use of False Identification Prevention Act of 2000’’. a State, political subdivision of a State, a citizens band radio equipment not authorized SEC. 2. COORDINATING COMMITTEE ON FALSE foreign government, political subdivision of by the Commission. IDENTIFICATION. a foreign government, an international gov- ‘‘(B) A regulation that prohibits the unau- (a) IN GENERAL.—The Attorney General ernmental or an international quasi-govern- thorized operation of citizens band radio and the Secretary of the Treasury shall es- mental organization;’’; and equipment on a frequency between 24 MHz tablish a coordinating committee to ensure, (E) by inserting after paragraph (6), as re- and 35 MHz. through existing interagency task forces or designated (previously paragraph (5)), the ‘‘(2) A station that is licensed by the Com- other means, that the creation and distribu- following: mission pursuant to section 301 in any radio tion of false identification documents is vig- ‘‘(7) the term ‘transfer’ includes making service for the operation at issue shall not be orously investigated and prosecuted. available for acquisition or use by others; subject to action by a State or local govern- (b) MEMBERSHIP.—The coordinating com- and’’; and ment under this subsection. A State or local mittee shall consist of the Secret Service, (6) by adding at the end the following: government statute or ordinance enacted for the Federal Bureau of Investigation, the De- ‘‘(i) EXCEPTION.— purposes of this subsection shall identify the partment of Justice, the Social Security Ad- ‘‘(1) IN GENERAL.—Subsection (a)(7) shall exemption available under this paragraph. ministration, and the Immigration and Nat- not apply to an interactive computer service ‘‘(3) The Commission shall, to the extent uralization Service. used by another person to produce or trans- practicable, provide technical guidance to (c) TERM.—The coordinating committee fer a document making implement in viola- State and local governments regarding the shall terminate 2 years after the effective tion of that subsection except— detection and determination of violations of date of this Act. ‘‘(A) to the extent that such service con- the regulations specified in paragraph (1). (d) REPORT.— spires with such other person to violate sub- ‘‘(4)(A) In addition to any other remedy au- (1) IN GENERAL.—The Attorney General and section (a)(7); thorized by law, a person affected by the de- the Secretary of the Treasury, at the end of ‘‘(B) if, with respect to the particular ac- cision of a State or local government agency each year of the existence of the committee, tivity at issue, such service has knowingly enforcing a statute or ordinance under para- shall report to the Committees on the Judi- permitted its computer server or system to graph (1) may submit to the Commission an ciary of the Senate and House of Representa- be used to engage in, or otherwise aided and appeal of the decision on the grounds that tives on the activities of the committee. abetted, activity that is prohibited by sub- the State or local government, as the case (2) CONTENTS.—The report referred in para- section (a)(7), with specific intent of an offi- may be, enacted a statute or ordinance out- graph (1) shall include— cer, director, partner, or controlling share- side the authority provided in this sub- (A) the total number of indictments and holder of such service that such server or section. informations, guilty pleas, convictions, and system be used for such purpose; or ‘‘(B) A person shall submit an appeal on a acquittals resulting from the investigation ‘‘(C) if the material or activity available decision of a State or local government and prosecution of the creation and distribu- through such service consists primarily of agency to the Commission under this para- tion of false identification documents during material or activity that is prohibited by graph, if at all, not later than 30 days after the preceding year; subsection (a)(7). the date on which the decision by the State (B) identification of the Federal judicial ‘‘(2) DEFINITION.—In this subsection, the or local government agency becomes final, districts in which the indictments and infor- term ‘interactive computer service’ means

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.051 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11427 an interactive computer service as that term ‘‘(A) A regulation that prohibits a use of INTERNET FALSE IDENTIFICATION is defined in section 230(f) of the Communica- citizens band radio equipment not authorized PREVENTION ACT OF 2000 tions Act of 1934 (47 U.S.C. 230(f)), including by the Commission. a service, system, or access software pro- ‘‘(B) A regulation that prohibits the unau- Mr. GRASSLEY. Mr. President, I ask vider that— thorized operation of citizens band radio unanimous consent that the Senate ‘‘(A) provides an information location tool equipment on a frequency between 24 MHz now proceed to the consideration of to refer or link users to an online location, and 35 MHz. Calendar No. 861, which is S. 2924. including a directory, index, or hypertext ‘‘(2) A station that is licensed by the Com- The PRESIDING OFFICER. The link; or mission pursuant to section 301 in any radio clerk will report the bill by title. ‘‘(B) is engaged in the transmission, stor- service for the operation at issue shall not be The legislative clerk read as follows: age, retrieval, hosting, formatting, or trans- subject to action by a State or local govern- A bill (S. 2924) to strengthen enforcement lation of a communication made by another ment under this subsection. A State or local of Federal statutes relating to false identi- person without selection or alteration of the government statute or ordinance enacted for fication, and for other purposes. content of the communication, other than purposes of this subsection shall identify the that done in good faith to prevent or avoid a exemption available under this paragraph. There being no objection, the Senate violation of the law.’’. ‘‘(3) The Commission shall, to the exent proceeded to consider the bill, which SEC. 4. REPEAL. practicable, provide technical guidance to had been reported from the Committee Section 1738 of title 18, United States Code, State and local governments regarding the on the Judiciary, with an amendment, is repealed. detection and determination of violations of as follows: SEC. 5. EFFECTIVE DATE. the regulations specified in paragraph (1). [Strike out all after the enacting This Act and the amendments made by ‘‘(4)(A) In addition to any other remedy au- clause and insert the part printed in this Act shall take effect 90 days after the thorized by law, a person affected by the de- italic.] date of enactment of this Act. cision of a State or local government agency SECTION 1. SHORT TITLE. f enforcing a statute or ordinance under paragraph (1) may submit to the Commission an This Act may be cited as the ‘‘Internet False PRIVILEGE OF THE FLOOR appeal of the decision on the grounds that Identification Prevention Act of 2000’’. the State or local government, as the case SEC. 2. SPECIAL TASK FORCE ON FALSE IDENTI- Mr. GRASSLEY. Mr. President, I ask may be, enacted a statute or ordinance out- FICATION. unanimous consent that privileges of side the authority provided in this sub- (a) IN GENERAL.—The Attorney General and the floor be granted for Dr. Cate section. the Secretary of the Treasury shall establish a task force to investigate and prosecute the cre- McClain, a fellow with the Aging Com- ‘‘(B) A person shall submit an appeal on a ation and distribution of false identification mittee. decision of a State or local government documents. The PRESIDING OFFICER. Without agency to the Commission under this para- (b) MEMBERSHIP.—The task force shall consist graph, if at all, not later than 30 days after objection, it is so ordered. of the Secret Service, the Federal Bureau of In- the date on which the decision by the State f vestigation, the Department of Justice, the So- or local government agency becomes final, cial Security Administration, and the Immigra- but prior to seeking judicial review of such AUTHORIZING THE ENFORCEMENT tion and Naturalization Service. decision. BY STATE AND LOCAL GOVERN- (c) TERM.—The task force shall terminate 2 MENTS OF FCC REGULATIONS ‘‘(C) The Commission shall make a deter- years after the effective date of this Act. mination on an appeal submitted under sub- REGARDING CITIZENS BAND (d) AUTHORIZATION OF APPROPRIATIONS.— paragraph (B) not later than 180 days after RADIO EQUIPMENT There are authorized to be appropriated such its submittal. sums as are necessary to carry out this section. Mr. GRASSLEY. Mr. President, I ask ‘‘(D) If the Commission determines under SEC. 3. FALSE IDENTIFICATION. unanimous consent that the Senate subparagraph (C) that a State or local gov- Section 1028 of title 18, United States Code, is proceed to the immediate consider- ernment agency has acted outside its author- amended— ation of H.R. 2346, which is at the desk. ity in enforcing a statute or ordinance, the (1) in subsection (a)— The PRESIDING OFFICER. The Commission shall preempt the decision en- (A) in paragraph (6), by striking ‘‘or’’ after forcing the statute or ordinance. clerk will report the bill by title. the semicolon; The legislative clerk read as follows: ‘‘(5) The enforcement of statute or ordi- (B) in paragraph (7), by inserting ‘‘or’’ after nance that prohibits a violation of a regula- the semicolon; and A bill (H.R. 2346) to authorize the enforce- tion by a State or local government under (C) by adding after paragraph (7) the fol- ment by State and local governments of cer- paragraph (1) in a particular case shall not lowing: tain Federal Communications Commission preclude the Commission from enforcing the ‘‘(8) knowingly produces or transfers a docu- regulations regarding use of citizens band regulation in that case concurrently. ment-making implement that is designed for use radio equipment. ‘‘(6) Nothing in this subsection shall be in the production of a false identification docu- There being no objection, the Senate construed to diminish or otherwise affect the ment.’’; proceeded to consider the bill. jurisdiction of the Commission under this (2) in subsection (b)(2)(B), by striking ‘‘or (7)’’ and inserting ‘‘, (7), or (8)’’; AMENDMENT NO. 4354 section over devices capable of interfering with radio communications. (3) in subsection (c)(3)(A), by inserting ‘‘, in- Mr. GRASSLEY. Mr. President, I ‘‘(7) The enforcement of a statute or ordi- cluding the making available of a document by send an amendment to the desk and nance by a State or local government under electronic means’’ after ‘‘commerce’’; and ask for its immediate consideration. paragraph (1) with regard to citizens band (4) in subsection (d)— The PRESIDING OFFICER. The radio equipment on board a ‘commercial (A) in paragraph (1), by inserting ‘‘template, clerk will report. motor vehicle’, as defined in section 31101 of computer file, computer disc,’’ after ‘‘impres- The legislative clerk read as follows: title 49, United States Code, shall require sion,’’; (B) by redesignating paragraphs (3) through The Senator from Iowa [Mr. GRASSLEY], for probable cause to find that the commercial motor vehicle or the individual operating (6) as paragraphs (4) through (7), respectively; Mr. FEINGOLD, for himself, Mr. ABRAHAM, and (C) by inserting after paragraph (2) the fol- Mr. LEVIN, proposes an amendment num- the vehicle is in violation of the regulations described in paragraph (1).’’. lowing: bered 4354. ‘‘(3) the term ‘false identification document’ The amendment reads as follows: Mr. GRASSLEY. Mr. President, I ask means an identification document of a type in- Strike all after the enacting clause and in- unanimous consent that the amend- tended or commonly accepted for the purposes of sert the following: ment be agreed to, the bill be consid- identification of individuals that— SECTION 1. STATE AND LOCAL ENFORCEMENT ered read the third time and passed, ‘‘(A) is not issued by or under the authority of OF FEDERAL COMMUNICATIONS the motion to reconsider be laid upon a governmental entity; and COMMISSION REGULATIONS ON USE the table, and that any statements re- ‘‘(B) appears to be issued by or under the au- OF CITIZENS BAND RADIO EQUIP- thority of the United States Government, a MENT. lating to the bill be printed in the State, political subdivision of a State, a foreign Section 302 of the Communications Act of RECORD. government, political subdivision of a foreign 1934 (47 U.S.C. 302a) is amended by adding at The PRESIDING OFFICER. Without government, an international governmental or the end the following: objection, it is so ordered. an international quasi-governmental organiza- ‘‘(f)(1) Except as provided in paragraph (2), The amendment (No. 4354) was agreed tion;’’; and a State or local government may enact a (D) in paragraph (6), as redesignated (pre- statute or ordinance that prohibits a viola- to. viously paragraph (5)), by inserting ‘‘, including tion of the following regulations of the Com- The bill (H.R. 2346), as amended, was making available for acquisition or use by oth- mission under this section: read the third time and passed. ers’’ after ‘‘assemble’’.

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 6333 E:\CR\FM\A31OC6.052 pfrm01 PsN: S31PT1 S11428 CONGRESSIONAL RECORD — SENATE October 31, 2000 SEC. 4. REPEAL. (4) in subsection (c)(3)(A), by inserting ‘‘, tribute counterfeit identification docu- Section 1738 of title 18, United States Code, is including the making available of a documents and credentials over the Inter- repealed. ment by electronic means’’ after ‘‘com- net. I appreciate the timely action on SEC. 5. EFFECTIVE DATE. merce’’; this legislation by the chairman of the This Act and the amendments made by this (5) in subsection (d)— Act shall take effect 90 days after the date of (A) in paragraph (1), by inserting ‘‘tem- Judiciary Committee, Senator HATCH, enactment of this Act. plate, computer file, computer disc,’’ after as well as the support and assistance of AMENDMENT NO. 4355 ‘‘impression,’’; Senators KYL, LEAHY, and FEINSTEIN. Mr. GRASSLEY. Mr. President, I (B) by redesignating paragraph (6) as para- The substitute amendment proposed by graph (8); send an amendment to the desk and Senator FEINSTEIN and me improves (C) by redesignating paragraphs (3) the bill while retaining all of its key ask for its immediate consideration. through (5) as paragraphs (4) through (6), re- The PRESIDING OFFICER. The features. spectively; After this measure becomes law, clerk will report. (D) by inserting after paragraph (2) the fol- The legislative clerk read as follows: lowing: Internet commerce in computer discs, files, and templates designed for use in The Senator from Iowa [Mr. GRASSLEY], for ‘‘(3) the term ‘false identification docu- Ms. COLLINS for herself and Mrs. FEINSTEIN, ment’ means an identification document of a the production of false identification proposes an amendment numbered 4355. type intended or commonly accepted for the documents will be illegal. The bill will The amendment reads as follows: purposes of identification of individuals also outlaw the practice of producing that— Strike all after the enacting clause and in- false identification containing easily ‘‘(A) is not issued by or under the author- removable disclaimers, a method cur- sert the following: ity of a governmental entity; and SECTION 1. SHORT TITLE. rently used to avoid prosecution. Fi- ‘‘(B) appears to be issued by or under the nally, the legislation will establish a This Act may be cited as the ‘‘Internet authority of the United States Government, False Identification Prevention Act of 2000’’. a State, political subdivision of a State, a coordinating committee to concentrate SEC. 2. COORDINATING COMMITTEE ON FALSE foreign government, political subdivision of resources of several federal agencies on IDENTIFICATION. a foreign government, an international gov- investigating and prosecuting the cre- (a) IN GENERAL.—The Attorney General ernmental or an international quasi-govern- ation of false identification. I authored and the Secretary of the Treasury shall es- mental organization;’’; and this legislation after the Permanent tablish a coordinating committee to ensure, (E) by inserting after paragraph (6), as re- Subcommittee on Investigations, through existing interagency task forces or designated (previously paragraph (5)), the other means, that the creation and distribu- which I chair, held hearings on a dis- following: turbing new trend—the use of the tion of false identification documents is vig- ‘‘(7) the term ‘transfer’ includes making orously investigated and prosecuted. available for acquisition or use by others; Internet to manufacture and market (b) MEMBERSHIP.—The coordinating com- and’’; and counterfeit identification documents mittee shall consist of the Secret Service, (6) by adding at the end the following: and credentials. Our hearing and inves- the Federal Bureau of Investigation, the De- ‘‘(i) EXCEPTION.— tigation revealed the widespread avail- partment of Justice, the Social Security Ad- ‘‘(1) IN GENERAL.—Subsection (a)(7) shall ability on the Internet of a variety of ministration, and the Immigration and Nat- not apply to an interactive computer service uralization Service. fake identification documents and used by another person to produce or trans- computer templates that allow individ- (c) TERM.—The coordinating committee fer a document making implement in viola- shall terminate 2 years after the effective tion of that subsection except— uals to manufacture authentic-looking date of this Act. ‘‘(A) to the extent that such service con- IDs in the seclusion of their own (d) REPORT.— spires with such other person to violate sub- homes. The Internet False Identifica- (1) IN GENERAL.—The Attorney General and section (a)(7); tion Prevention Act of 2000 will the Secretary of the Treasury, at the end of ‘‘(B) if, with respect to the particular ac- each year of the existence of the committee, strengthen current law to prevent the tivity at issue, such service has knowingly shall report to the Committees on the Judi- distribution of false identification doc- permitted its computer server or system to ciary of the Senate and House of Representa- uments over the Internet and make it be used to engage in, or otherwise aided and tives on the activities of the committee. easier to prosecute this criminal activ- abetted, activity that is prohibited by sub- (2) CONTENTS.—The report referred in para- section (a)(7), with specific intent of an offi- ity. graph (1) shall include— cer, director, partner, or controlling share- Mr. President, the high quality of the (A) the total number of indictments and holder of such service that such server or counterfeit identification documents informations, guilty pleas, convictions, and system be used for such purpose; or that can be obtained through the Inter- acquittals resulting from the investigation ‘‘(C) if the material or activity available net is astounding. With little dif- and prosecution of the creation and distribu- through such service consists primarily of tion of false identification documents during ficulty, my staff was able to use Inter- material or activity that is prohibited by the preceding year; net materials to manufacture con- subsection (a)(7). (B) identification of the Federal judicial vincing IDs that would allow me to ‘‘(2) DEFINITION.—In this subsection, the districts in which the indictments and infor- pass as a member of our Armed Forces, term ‘interactive computer service’ means mations were filed, and in which the subse- an interactive computer service as that term a reporter, a student at Boston Univer- quent guilty pleas, convictions, and acquit- is defined in section 230(f) of the Communica- sity, or a licensed driver in Florida, tals occurred; tions Act of 1934 (47 U.S.C. 230(f)), including Michigan, or Wyoming, to name just a (C) specification of the Federal statutes a service, system, or access software pro- few of the identities I could assume. utilized for prosecution; vider that— (D) a brief factual description of signifi- For instance, using the Internet my ‘‘(A) provides an information location tool cant investigations and prosecutions; and staff created a counterfeit Connecticut to refer or link users to an online location, (E) specification of the sentence imposed driver’s license that is virtually iden- including a directory, index, or hypertext as a result of each guilty plea and convic- tical to an authentic license issued by link; or tion. ‘‘(B) is engaged in the transmission, stor- the Connecticut Department of Motor SEC. 3. FALSE IDENTIFICATION. age, retrieval, hosting, formatting, or trans- Vehicles. Just like the real Con- Section 1028 of title 18, United States Code, lation of a communication made by another necticut license, this fake with my pic- is amended— person without selection or alteration of the ture includes a signature written over (1) in subsection (a)— content of the communication, other than the picture and an adjacent ‘‘shadow (A) in paragraph (6), by striking ‘‘or’’ after that done in good faith to prevent or avoid a picture’’ of the license holder. The the semicolon; violation of the law.’’. (B) by redesignating paragraph (7) as para- State of Connecticut added both of SEC. 4. REPEAL. graph (8); and these sophisticated security features to Section 1738 of title 18, United States Code, (C) by inserting after paragraph (6) the fol- is repealed. the license in order to reduce counter- lowing: SEC. 5. EFFECTIVE DATE. feiting. Unfortunately, some websites ‘‘(7) knowingly produces or transfers a doc- This Act and the amendments made by offer to sell fake IDs complete with ument-making implement that is designed this Act shall take effect 90 days after the State seals, holograms, and bar codes for use in the production of a false identifica- date of enactment of this Act. to replicate a license virtually indis- tion document; or’’; (2) in subsection (b)(1)(D), by striking ‘‘(7)’’ Ms. COLLINS. Mr. President, I am tinguishable from the real thing. Thus, and inserting ‘‘(8)’’; pleased that the Senate is now consid- technology now allows website opera- (3) in subsection (b)(2)(B), by striking ‘‘or ering legislation I introduced to stem tors to copy authentic identification (7)’’ and inserting ‘‘, (7), or (8)’’; the proliferation of websites that dis- documents with an extraordinary level

VerDate 31-OCT-2000 03:56 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.055 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11429 of sophistication and then mass criminals is nothing new, the Internet Second, the legislation will make it produce those fraudulent documents allows those specializing in the sale of easier to prosecute those criminals who for their customers. The websites in- counterfeit identification to reach a manufacturer, distribute or sell coun- vestigated by the subcommittee offer a broader market of potential buyers terfeit identification documents by vast and varied product line, ranging than they ever could by standing on a ending the practice of using easily re- from driver’s licenses to military iden- street corner in a shady part of town. movable disclaimers as part of an at- tification cards to federal agency cre- They can sell their products with vir- tempt to shield the illegal conduct dentials, including those of the Federal tual anonymity through the use of e- from prosecution through a bogus Bureau of Investigation (FBI) and the mail services and free Web hosting claim of ‘‘novelty.’’ No longer will it be Central Intelligence Agency (CIA). services, and by providing false infor- acceptable to provide computer tem- Other sites offer to produce Social Se- mation when registering their domain plates of government-issued identifica- curity cards, birth certificates, diplo- names. Similarly, the Internet allows tion containing an easily removable mas, and press credentials. criminals to obtain fake IDs in the pri- layer saying it is not a government Testimony before the subcommittee vacy of their own homes, substantially document. demonstrated that the availability of diminishing the risk of apprehension For instance, the subcommittee staff false identification documents from that attends purchasing counterfeit purchased a fake Oklahoma driver’s li- the Internet is a growing problem. Spe- documents on the street. Because this cense as part of an undercover oper- cial Agent David Myers, Identification is a relatively new phenomenon, there ation conducted during our investiga- Fraud Coordinator of the State of Flor- are no good data on the size of the false tion. The fake license appears to bear ida’s Division of Alcoholic Beverages identification industry or the growth it the disclaimer, ‘‘Not a Government and Tobacco, testified that 2 years ago has experienced as a result of the Inter- Document,’’ which is required by fed- only 1 percent of false identification net. The subcommittee’s investigation, eral law. We found, however, that with documents came from the Internet. however, found that some Web site op- one simple snip of the scissors, the fake Last year, he testified, a little less erators apparently have made hundreds ID could be removed from his lami- than 5 percent came from the Internet. of thousands of dollars through the nated pouch, effectively discarding the Now he estimates that about 30 percent sale of phony identification documents. disclaimer. It will no longer be accept- of the false identification documents One website operator that we inves- able under my bill to sell a false identi- he seizes comes from the Internet. He tigated told a state law enforcement fication document in this fashion. predicts that by next year his unit will official that he sold approximately Finally, my legislation seeks to en- find at least 60 to 70 percent of the 1,000 fake IDs every month and gen- courage more aggressive enforcement false identification documents they erated about $600,000 in annual sales. by dedicating investigative and pros- seize will come from the Internet. The Identity theft is a growing problem ecutorial resources to this emerging General Accounting Office (GAO) and that these Internet sites encourage. problem. The bill establishes a multi- the FBI have both confirmed the find- Recent testimony by the Federal Trade agency coordinating committee that ings of the subcommittee’s investiga- Commission noted that the number of will concentrate the investigative and tion. Earlier this year the GAO used calls to their ID theft hotline had dou- prosecutorial resources of several agen- counterfeit credentials and badges, bled between March and July of this cies with responsibility for enforcing readily available for purchase on the year, that the agency was receiving be- laws that criminalize the manufacture, Internet, to breach the security at 19 tween 800 and 850 calls a week, and that sale, and distribution of counterfeit federal buildings and two commercial their phone counselors had handled identification documents. While the airports. GAO’s findings demonstrate more than 20,000 calls in an 8-month new provisions are intended to cover that, in addition to the poor security period earlier this year. Fake IDs, how- any individual or entity using a com- measures at federal facilities, the ever, facilitate a broader array of puter disc, file, template, or the Inter- Internet and computer technology criminal conduct. The subcommittee’s net to produce, transfer or make avail- allow nearly anyone to create con- investigation found that some Internet able false identification documents or vincing identification cards and cre- sites were used to obtain counterfeit document-making implements, the dentials. The FBI has also focused on identification documents for the pur- substitute bill makes clear that the the potential for misuse of official pose of committing other crimes, rang- new offense does not cover companies identification, and recently executed ing from very serious offenses such as providing interactive computer serv- search warrants at the homes of sev- bank fraud to the more common prob- ices, such as Internet service providers, eral individuals who had been selling lem of underage teenagers buying alco- communications facilities, or elec- federal law enforcement badges over hol or gaining access to bars. The legis- tronic mail services, who are innocent the Internet. lation under consideration today is de- conduits of false identification docu- In response to these findings, the signed to address the problem of coun- ments. Just as the counterfeiting laws House has passed legislation that will terfeit identification documents in sev- do not cover an unknowing provider of complement the provisions in the bill eral ways. The central features of the a device or service used to manufacture we currently have under consideration. bill are provisions that modernize ex- or transmit counterfeit money, the H.R. 4827, the Enhanced Federal Secu- isting law to address the widespread provisions in this legislation are not rity Act of 2000, was introduced by Con- availability of false identification doc- meant to apply to unknowing parties gressman STEVE HORN, and would make uments on the Internet. whose devices or services are used in it a crime to enter federal property First, the legislation strengthens fed- the production or transfer of false iden- under false pretenses or for an unau- eral law against false identification to tification documents. This exception is thorized individual to traffic in gen- ensure that it is suited to the Internet inapplicable, however, and ordinary uine or counterfeit police badges. The age and the technology associated with common law doctrines of criminal House bill, supported by Congressman it. The primary law prohibiting the use lability will apply in cases of con- MCCOLLUM, chairman of the House Ju- and distribution of false identification spiracy between the interactive com- diciary Subcommittee on Crime, pro- documents was enacted in 1982. Ad- puter service and the user; knowledge vides an additional measure to curb the vances in computer technology and the of and specific intent of an officer, di- use of false identification, and I hope use of the Internet may have rendered rector, partner or controlling share- that the Senate will approve it along the law inadequate to encompass the holder that the server or system be with S. 2924. technology of the present day. This bill used for this criminal purposes; or Mr. President, the Internet is a revo- will clarify that current law prohibits when the material available through a lutionary tool of commerce and com- the sale or distribution of false identi- service consists primarily of material munication that benefits us all. But fication documents through computer that is covered by the new offense in many of the Internet’s greatest at- files and templates, which our inves- this legislation. tributes also further its use for crimi- tigation found are the vehicles of This bill is one in a line of bills that nal purposes. While the manufacture of choice for manufacturing fake IDs in have been considered by Congress in re- false identification documents by the Internet age. cent years that address the issue of

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.066 pfrm01 PsN: S31PT1 S11430 CONGRESSIONAL RECORD — SENATE October 31, 2000 service provider liability relevant to Treasury, shall consist of the Secret Service, that criminals do not necessarily need the unlawful conduct of third parties. the Federal Bureau of Investigation, the De- a physical identification document to These have ranged from bills dealing partment of Justice, the Social Security Ad- create a new identity; they just need with the liability of service providers ministration, and the Immigration and Nat- the information itself to facilitate the uralization Service, and shall exist for two in cases of defamation suits, to copy- years. The coordinating committee will creation of false identification docu- right infringement actions, to criminal focus investigative and prosecutorial re- ments. prosecutions for online drug traf- sources of the federal agencies concerned I note that improvements to the bill ficking, Internet gambling, and in this with false identification in order to curb this as originally introduced were made case, online distribution of false identi- growing problem, and will report the results during consideration of the legislation fication document-making implements. of agency actions each year. by the Senate Judiciary Committee. Through these bills, Congress has had Section 3 will amend 18 U.S.C. § 1028 to Specifically, as originally introduced modernize the primary federal law per- to consider the complexities of the par- taining to false identification documents. this bill would have made it a crime to ticular area of law at hand, the appli- The bill modifies the existing definition of possess with intent to use or transfer cation of common law doctrines, such ‘‘document-making implement’’ to include any false identification document, as respondant superior and theories of computer templates and files that are now rather than ‘‘five or more’’ as required contributory and vicarious liability, frequently used to create counterfeit identi- under current law. See 18 U.S.C. and the nature of liability with respect fication documents from the Internet. 1028(a)(3). I raised concern that the to specific violations in both civil and A new provision will make it illegal to scope of this proposed offense would ‘‘knowingly produce or transfer a document have resulted in the federalization of criminal contexts. In short, I believe making implement that is designed for use that my bill, while addressing a num- in the production of a false identification the status offenses of an underage teen- ber of these issues, does not necessarily document.’’ This provision will close a loop- ager using a single fake ID card. The set a standard for Congress to follow hole which currently allows a person to substitute bill reported by the Judici- when considering the issue of service transfer, through a Web site or e-mail, false ary Committee eliminated this change provider liability in future bills, in fu- identification templates that can easily be in current law. ture contexts. made into actual finished documents. Cur- The substitute amendment that the Mr. President, our investigation es- rent law will also be amended to cover, in ad- Senate considers today would require tablished that federal law enforcement dition to documents used in interstate or the Attorney General and the Sec- foreign commerce, any document made officials have failed to devote the nec- available by ‘‘electronic means.’’ This will retary of the Treasury to coordinate essary resources and attention to this ensure that a false identification document through a ‘‘coordinating committee’’ serious problem. By striking at the offered for download on a Web site is cap- the investigation and prosecution of of- purveyors of false identification mate- tured by the statute. Innocent third parties, fenses related to false identification rials, I believe we can reduce the end- such as Internet service providers or trans- documents, and report to the Judiciary use crime that often depends upon the mission companies, are excluded from cov- Committees of the House and the Sen- availability of counterfeit identifica- erage under the legislation. ate on the number and results of pros- Finally, this section will provide for the ecutions. In addition, the substitute tion. For instance, the convicted felon first time a definition of ‘‘false identification who testified at the subcommittee’s document.’’ A ‘‘false identification docu- amendment amends 18 U.S.C. 1028 in a hearing said that he would not have ment’’ will be defined as a document that is number of ways, including by creating been able to commit bank fraud had he intended or commonly accepted for the pur- a new criminal prohibition on the not been able to easily and quickly ob- pose of identification which is not issued by knowing production or transfer of a tain high quality, fraudulent identi- or under the authority of a government, but document-making implement designed fication documents over the Internet. I which appears to be issued by or under the for use in the production of false iden- am confident that, if federal law en- authority of any government entity. This tification documents. A new definition provision, in conjunction with the removal is provided for the term ‘‘transfer’’ to forcement officials prosecute the most of the disclaimer provision below, will make blatant violators of the law, the false it clear that it is illegal for anyone but a include ‘‘making available for acquisi- ID industry on the Internet will wither government entity to produce any document tion or use by others.’’ To address the in short order. By strengthening the that is commonly accepted for legal identi- concerns of internet service providers law and by focusing our prosecution ef- fication. that the combination of the new crime forts, I believe that we can curb the Section 4 will repeal 18 U.S.C. § 1738, thus and the new definitions would expose widespread availability of false identi- ending the ability to use a disclaimer and le- them to criminal liability, the bill also gally produce identification documents that includes an exemption from the new fication documents that the Internet include the age or birth date of an indi- encourages. The Director of the United vidual. Repealing Section 1738 will prohibit crime for an interactive computer serv- States Secret Services testified at our the practice, which was frequently encoun- ice. hearing that the use of fraudulent iden- tered during the Subcommittee’s investiga- In addition, the bill repeals 18 U.S.C. tification documents and credentials tion, of attempting to avoid criminal liabil- 1738, which allows businesses that sell almost always accompanies the serious ity for manufacturing and selling counterfeit identification documents bearing the financial crimes that they investigate. identification products by displaying a ‘‘NOT birth date or age of the person being Thus, I believe that a stronger law A GOVERNMENT DOCUMENT’’ disclaimer. identified to avoid criminal liability by This type of disclaimer can be fashioned so against making false identification printing clearly and indelibly on both as to be easily removable on both computer the front and the back ‘‘Not a Govern- documents will deter criminal activity templates and counterfeit identification doc- in other areas as well. I urge my col- uments. It will now be illegal to produce or ment Document.’’ leagues to support S. 2924. sell any document that resembles a govern- While I do not object to moving this I ask unanimous consent to have ment identification document. bill at this time, I must note two lin- print in the RECORD a brief section-by- Section 5 will make the provisions effec- gering concerns that we have to re- section summary of the substitute for tive 90 days after enactment. visit. First, I appreciate that the spon- S. 2924. Mr. LEAHY. Mr. President, the Inter- sors wish to repeal 18 U.S.C. 1738 to There being no objection, the mate- net False Identification Prevention stop the practice of selling counterfeit rial was ordered to be printed in the Act, S. 2924, is intended to provide ad- identification products with dis- RECORD, as follows: ditional tools to law enforcement to claimers that are intentionally fash- INTERNET FALSE IDENTIFICATION PREVENTION combat the theft of, and fraud associ- ioned to be easily removable on both ACT OF 2000 (COLLINS/FEINSTEIN SUB- ated with, identification documents computer templates and counterfeit STITUTE)—SECTION-BY-SECTION SUMMARY and credentials. I share the concerns of identification documents but that nev- Section 1 names the bill as the Internet the sponsors of this legislation over ertheless avoid criminal liability by False Identification Prevention Act of 2000. this matter. In fact, in the last Con- displaying the disclaimer. This is a Section 2 establishes a coordinating com- gress, I sponsored, along with Senators practice that deserves congressional mittee to ensure the vigorous investigation and prosecution of the creation and distribu- KYL, HATCH, FEINSTEIN and others, leg- attention, but I am concerned that re- tion of false identification documents. The islation to prohibit fraud in connection peal of this section may go too far, coordinating committee, appointed by the with identification information, not since it may remove legal protection Attorney General and the Secretary of the just physical documents. We recognized for some legitimate businesses that

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.068 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11431 sell identification documents for legiti- question about their criminal liability (C) specification of the Federal statutes mate reasons, such as for security or exposure under many other criminal utilized for prosecution; private guard services. statutes that make illegal the knowing (D) a brief factual description of signifi- The legislative history of section 1738 cant investigations and prosecutions; and transfer of illegal materials without (E) specification of the sentence imposed makes clear that this provision was requiring specific knowledge on the as a result of each guilty plea and convic- considered necessary when passed be- part of the transferor that the material tion. cause private identification documents is illegal. For example, federal law pro- SEC. 3. FALSE IDENTIFICATION. ‘‘are used by many persons who have hibits the knowing distribution, in- Section 1028 of title 18, United States Code, no official record of their date of birth cluding by computer, of any material is amended— and are unable to obtain official identi- that contains child pornography. 18 (1) in subsection (a)— fication cards for that reason. The con- U.S.C. 2251A(a)(2)(B). There is no blan- (A) in paragraph (6), by striking ‘‘or’’ after ferees determined that to simply re- the semicolon; ket immunity for ISPs for facilitating (B) by redesignating paragraph (7) as para- quire privately issued identification the distribution of such illegal mate- cards to carry a prominent disclaimer graph (8); and rial. Will inclusion of a blanket immu- (C) by inserting after paragraph (6) the fol- that they are not government docu- nity provision in this bill encourage lowing: ments would adequately protect the courts to construe broadly the prohibi- ‘‘(7) knowingly produces or transfers a doc- public interest.’’ Conference Report on tions in other statutes to cover inno- ument-making implement that is designed False Identification Crime Control Act cent ISPs? This is a matter that could for use in the production of a false identifica- of 1982 (H.R. 6946), 97th Cong., 2d Sess., tion document; or’’; benefit from additional scrutiny. (2) in subsection (b)(1)(D), by striking ‘‘(7)’’ Rpt. 97–975, at p. 4 (December 17, 1982). Mr. GRASSLEY. Mr. President, I ask It remains unclear to me how many le- and inserting ‘‘(8)’’; unanimous consent that the amend- gitimate uses and businesses will be af- (3) in subsection (b)(2)(B), by striking ‘‘or ment be agreed to, the committee sub- fected by repeal of this section, and the (7)’’ and inserting ‘‘, (7), or (8)’’; stitute amendment be agreed to, the (4) in subsection (c)(3)(A), by inserting ‘‘, manner in which this repeal is being bill be read the third time and passed, including the making available of a docu- enacted makes it impossible to know in ment by electronic means’’ after ‘‘com- advance. the motion to reconsider be laid upon the table, and that any statements re- merce’’; Second, the substitute amendment (5) in subsection (d)— contains an exemption for interactive lating to the bill be printed in the (A) in paragraph (1), by inserting ‘‘tem- computer services that was added after RECORD. plate, computer file, computer disc,’’ after consideration by the Judiciary Com- The PRESIDING OFFICER. Without ‘‘impression,’’; mittee. Representatives of internet objection, it is so ordered. (B) by redesignating paragraph (6) as para- service providers expressed concern The amendment (No. 4355) was agreed graph (8); (C) by redesignating paragraphs (3) that the breadth of the intent standard to. The committee amendment in the through (5) as paragraphs (4) through (6), rein the bill, which provides that a de- spectively; fendant need only knowingly transfer nature of a substitute, as amended, was (D) by inserting after paragraph (2) the fol- or make available by electronic means agreed to. lowing: an illegal document-making imple- The bill (S. 2924), as amended, was ‘‘(3) the term ‘false identification document, such as computer template, to passed, as follows: ment’ means an identification document of a risk criminal liability. They contend S. 2924 type intended or commonly accepted for the purposes of identification of individuals that this scienter requirement could Be it enacted by the Senate and House of Rep- that— resentatives of the United States of America in put at risk ISPs that simply offer a ‘‘(A) is not issued by or under the author- Congress assembled, third party the ability to communicate ity of a governmental entity; and or locate material that is otherwise il- SECTION 1. SHORT TITLE. ‘‘(B) appears to be issued by or under the legal, even though the ISP does not This Act may be cited as the ‘‘Internet authority of the United States Government, know that the document-making im- False Identification Prevention Act of 2000’’. a State, political subdivision of a State, a plement can be or will be used to make SEC. 2. COORDINATING COMMITTEE ON FALSE foreign government, political subdivision of IDENTIFICATION. false identification documents and does a foreign government, an international gov- (a) IN GENERAL.—The Attorney General not intend to be facilitating an illegal ernmental or an international quasi-govern- and the Secretary of the Treasury shall es- mental organization;’’; and transaction. tablish a coordinating committee to ensure, (E) by inserting after paragraph (6), as re- The ISPs may have correctly pointed through existing interagency task forces or designated (previously paragraph (5)), the out a problem in the scope of the crimi- other means, that the creation and distribu- following: nal liability but the cure should not be tion of false identification documents is vig- ‘‘(7) the term ‘transfer’ includes making to grant a blanket exemption for serv- orously investigated and prosecuted. available for acquisition or use by others; ice providers. There is no comparable (b) MEMBERSHIP.—The coordinating com- and’’; and exemption anywhere else in the federal mittee shall consist of the Secret Service, (6) by adding at the end the following: criminal code. A better cure would the Federal Bureau of Investigation, the De- ‘‘(i) EXCEPTION.— partment of Justice, the Social Security Ad- ‘‘(1) IN GENERAL.—Subsection (a)(7) shall have been to clarify the scope of the ministration, and the Immigration and Nat- not apply to an interactive computer service criminal prohibition and to define uralization Service. used by another person to produce or trans- more precisely the scienter require- (c) TERM.—The coordinating committee fer a document making implement in viola- ment for criminal liability. Instead of shall terminate 2 years after the effective tion of that subsection except— making the new crime applicable to date of this Act. ‘‘(A) to the extent that such service con- anyone who ‘‘knowingly produces or (d) REPORT.— spires with such other person to violate sub- transfers a document-making imple- (1) IN GENERAL.—The Attorney General and section (a)(7); ment that is designed for use in the the Secretary of the Treasury, at the end of ‘‘(B) if, with respect to the particular ac- production of a false identification doc- each year of the existence of the committee, tivity at issue, such service has knowingly shall report to the Committees on the Judi- permitted its computer server or system to ument,’’ the bill could have been more ciary of the Senate and House of Representa- be used to engage in, or otherwise aided and precisely drawn to cover only a person tives on the activities of the committee. abetted, activity that is prohibited by sub- who ‘‘knowingly produces or transfers (2) CONTENTS.—The report referred in para- section (a)(7), with specific intent of an offi- a document-making implement with graph (1) shall include— cer, director, partner, or controlling share- the intent that it be used in the pro- (A) the total number of indictments and holder of such service that such server or duction of a false identification docu- informations, guilty pleas, convictions, and system be used for such purpose; or ment.’’ This would have avoided the acquittals resulting from the investigation ‘‘(C) if the material or activity available necessity of carving out exemptions for and prosecution of the creation and distribu- through such service consists primarily of innocent ISPs that merely facilitate tion of false identification documents during material or activity that is prohibited by the preceding year; subsection (a)(7). the transfer of illegal document-mak- (B) identification of the Federal judicial ‘‘(2) DEFINITION.—In this subsection, the ing implements, without knowing the districts in which the indictments and infor- term ‘interactive computer service’ means nature of the what is being transferred. mations were filed, and in which the subse- an interactive computer service as that term Moreover, including an immunity quent guilty pleas, convictions, and acquit- is defined in section 230(f) of the Communica- provision in this bill for ISPs raises a tals occurred; tions Act of 1934 (47 U.S.C. 230(f)), including

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.074 pfrm01 PsN: S31PT1 S11432 CONGRESSIONAL RECORD — SENATE October 31, 2000 a service, system, or access software pro- justice. Unfortunately, global political ator FEINSTEIN, we have moved vider that— and security needs of the time often through the Judiciary Committee Sen- ‘‘(A) provides an information location tool overshadowed their legitimate claims ate bill 1902, the Japanese Records Dis- to refer or link users to an online location, for justice—and these former POW’s closure Act, which would set up a com- including a directory, index, or hypertext link; or were once again asked to sacrifice for mission to declassify thousands of Jap- ‘‘(B) is engaged in the transmission, stor- their country. Following the end of the anese Imperial Army records held by age, retrieval, hosting, formatting, or trans- war, for example, our government al- the U.S. Government after appropriate lation of a communication made by another legedly instructed many of the POW’s screening for sensitive national secu- person without selection or alteration of the held by Japan not to discuss their ex- rity information and the like. content of the communication, other than periences and treatment. Some were The Senate is also doing what it can that done in good faith to prevent or avoid a even asked to sign nondisclosure agree- to fulfill our Government’s responsi- violation of the law.’’. ments. Consequently, many Americans bility to these men by including a pro- SEC. 4. REPEAL. remain unaware of the atrocities that vision in the DOD authorization bill Section 1738 of title 18, United States Code, took place and the suffering our POW’s which would pay a $20,000 gratuity to is repealed. endured. POW’s from Bataan and Corregidor SEC. 5. EFFECTIVE DATE. Following the passage of a California who were forced into labor. Such pay- This Act and the amendments made by statute extending the statute of limita- this Act shall take effect 90 days after the ment would be in addition to any other date of enactment of this Act. tions for World War II claims until 2010 payments these veterans may receive f and the recent litigation involving vic- under law—and thus would not com- tims of Holocaust, a new effort is un- promise any of the claims asserted in EXPRESSING THE SENSE OF CON- derway by the former POW’s in Japan the litigation against the Japanese GRESS REGARDING ACTIONS OF to seek compensation from the private companies. THE UNITED STATES GOVERN- companies which profited from their The bill I introduce today, an expres- MENT REGARDING CLAIMS OF labor. Let me say at the outset, that sion of the sense of the Senate that the FORMER MEMBERS OF THE this is not a dispute with the Japanese U.S. Government should attempt to fa- ARMED FORCES AGAINST JAPA- people and these are not claims against cilitate a dialog, as it did in the Ger- NESE COMPANIES the Japanese Government. Rather, man case, is a logical and appropriate Mr. GRASSLEY. Mr. President, I ask these are private claims against the extension of our other efforts. Ulti- unanimous consent that the Senate private Japanese companies that prof- mately, I do not know where we will proceed to the immediate consider- ited from the slave labor of our Amer- come out on the precise meaning of the ation of S. Con. Res. 158 submitted by ican soldiers who they held as pris- Treaty. Regardless of how the tech- Senator HATCH. oners. These are the same types of nical legal issues are resolved—which The PRESIDING OFFICER. The claims raised by survivors of the Holo- the courts will determine—in light of clerk will state the resolution by title. caust against the private German cor- the moral imperative and interests of The legislative clerk read as follows: porations who forced them into labor. simple fairness, we must ask ourselves A concurrent resolution (S. Con. Res. 158) The Senate Judiciary Committee why shouldn’t the United States facili- expressing the sense of Congress regarding held a hearing on the claims being tate a dialog between the parties? appropriate actions of the U.S. Government made by the former American POW’s When is good faith discussion a bad to facilitate the settlement of claims of against the private Japanese compa- idea? I think we owe this much to former members of the Armed Forces against nies. One issue of concern for the Com- these brave veterans and their families. Japanese companies that profited from the mittee was whether the POW’s held in I believe a good faith dialog is the first slave labor that those personnel were forced Japan are receiving an appropriate step towards a just resolution that ac- to perform for those companies as POWs of level of advocacy from the U.S. Gov- commodates the various moral, legal, Japan during World War II. ernment. In the Holocaust litigation, national security, and foreign policy There being no objection, the Senate the United States appropriately played interests which are at play. proceeded to consider the concurrent a facilitating role in discussions be- I urge all Members to support this resolution. tween the German companies and the amendment. Mr. HATCH. I rise today with my co- victims. The Justice Department also Mr. GRASSLEY. Mr. President, I ask sponsors, Senators FEINSTEIN and declined to file a statement of interest unanimous consent that the resolution BINGAMAN, in support of a sense of the in the litigation—even when requested be agreed to, the preamble be agreed Senate resolution to encourage the by the court. The efforts of the admin- to, the motion to reconsider be laid U.S. Government, through the State istration were entirely appropriate and upon the table, and that any state- Department or other appropriate of- the settlement, which was just re- ments relating to the resolution be fices, to use its best efforts to open a cently finalized, was an invaluable step printed in the RECORD. dialog between former American toward moving forward from the past. The PRESIDING OFFICER. Without POW’s forced into slave labor in Japan Here, in contrast, there has been no objection, it is so ordered. and the private Japanese companies effort by our Government, through the The concurrent resolution (S. Con. that profited from their labor. This is a State Department or otherwise, to Res. 158) was agreed to. very important issue to our veterans open a dialog between the Japanese The preamble was agreed to. and I think they deserve our help. and the former POW’s. Moreover, in re- The resolution, with its preamble, On April 9, 1942, Allied forces in the sponse to a request from the court, the reads as follows: Philippines surrendered Bataan to the Justice Department did, in fact, file S. CON. RES. 158 Japanese. Ten to twelve thousand two statements of interest which were Whereas from December 1941 to April 1942, American soldiers were forced to very damaging to the claims of the members of the United States Armed Forces march some 60 miles in broiling heat in POW’s—stating in essence that their fought valiantly against overwhelming Japa- nese military forces on the Bataan peninsula a deadly trek known as the Bataan claims were barred by the 1951 Peace Death March. Following a lengthy in- of the Island of Luzon in the Philippines, Treaty with Japan and the War Claims thereby preventing Japan from accom- ternment under horrific conditions, Act. plishing strategic objectives necessary for thousands of POW’s were shipped to From a moral perspective, the claims achieving early military victory in the Pa- Japan in the holds of freighters known of those forced into labor by private cific during World War II; as ‘‘Hell Ships.’’ Once in Japan, many German companies and private Japa- Whereas after receiving orders to surrender of these POW’s were forced into slave nese companies appear to be of similar on April 9, 1942, many of those valiant com- labor for private Japanese steel mills merit, yet they have spurred different batants were taken prisoner of war by Japan and other private companies until the responses from the administration. and forced to march 85 miles from the Ba- taan peninsula to a prisoner-of-war camp at end of the war. Why? former Camp O’Donnell; Fifty years have passed since the Here in the Senate, we have been Whereas, of the members of the United atrocities occurred, yet our veterans doing what we can to help these former States Armed Forces captured by Imperial are still waiting for accountability and prisoners of war. With the help of Sen- Japanese forces during the entirety of World

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.056 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11433 War II, a total of 36,260 of them survived SEC. 102. AUTHORIZATION OF APPROPRIATIONS. training, research, data collection and analysis, their capture and transit to Japanese pris- Section 17(g)(1) of the Federal Fire Prevention and public education, and how these perform- oner-of-war camps to be interned in those and Control Act of 1974 (15 U.S.C. 2216(g)(1)) is ance goals relate to the general goals and objec- camps, and 37.3 percent of those prisoners of amended— tives in the strategic plan; war died during their imprisonment in those (1) by striking ‘‘and’’ at the end of subpara- (7) an identification of key factors external to camps: graph (G); the United States Fire Administration and be- Whereas that march resulted in more than (2) by striking the period at the end of sub- yond its control that could affect significantly 10,000 deaths by reason of starvation, disease, paragraph (H) and inserting a semicolon; and the achievement of the general goals and objec- and executions; (3) by adding at the end the following: tives; Whereas many of those prisoners of war ‘‘(I) $44,753,000 for fiscal year 2001, of which (8) a description of program evaluations used were transported to Japan where they were $3,000,000 is for research activities, and $250,000 in establishing or revising general goals and ob- forced to perform slave labor for the benefit may be used for contracts or grants to non-Fed- jectives, with a schedule for future program of private Japanese companies under bar- eral entities for data analysis, including general evaluations; baric conditions that included torture and fire profiles and special fire analyses and report (9) a plan for the timely distribution of infor- inhumane treatment as to such basic human projects, and of which $6,000,000 is for anti-ter- mation and educational materials to State and needs as shelter, feeding, sanitation, and rorism training, including associated curriculum local firefighting services, including volunteer, health care; development, for fire and emergency services career, and combination services throughout the Whereas the private Japanese companies personnel; United States; unjustly profited from the uncompensated ‘‘(J) $47,800,000 for fiscal year 2002, of which (10) a description of how the strategic plan labor cruelly exacted from the American per- $3,250,000 is for research activities, and $250,000 prepared under this section will be incorporated sonnel in violation of basic human rights; may be used for contracts or grants to non-Fed- into the strategic plan and the performance Whereas these Americans do not make any eral entities for data analysis, including general plans and reports of the Federal Emergency claims against the Japanese Government or fire profiles and special fire analyses and report Management Agency; the people of Japan, but, rather, seek some projects, and of which $7,000,000 is for anti-ter- (11)(A) a description of the current and measure of justice from the Japanese compa- rorism training, including associated curriculum planned use of the Internet for the delivery of nies that profited from their slave labor; development, for fire and emergency services training courses by the National Fire Academy, Whereas they have asserted claims for personnel; and including a listing of the types of courses and a compensation against the private Japanese ‘‘(K) $50,000,000 for fiscal year 2003, of which description of each course’s provisions for real companies in various courts in the United $3,500,000 is for research activities, and $250,000 time interaction between instructor and stu- States; may be used for contracts or grants to non-Fed- dents, the number of students enrolled, and the Whereas the United States Government eral entities for data analysis, including general geographic distribution of students, for the most has, to date, opposed the efforts of these fire profiles and special fire analyses and report recent fiscal year; Americans to receive redress for the slave projects, and of which $8,000,000 is for anti-ter- (B) an assessment of the availability and ac- labor and inhumane treatment, and has not rorism training, including associated curriculum tual use by the National Fire Academy of Fed- made any efforts to facilitate discussions development, for fire and emergency services eral facilities suitable for distance education ap- among the parties; personnel.’’. plications, including facilities with teleconfer- Whereas in contrast to the claims of the None of the funds authorized for the United encing capabilities; and Americans who were prisoners of war in States Fire Administration for fiscal year 2002 (C) an assessment of the benefits and problems Japan, the Department of State has facili- may be obligated unless the Administrator has associated with delivery of instructional courses tated a settlement of the claims made verified to the Committee on Science of the using the Internet, including limitations due to against private German businesses by indi- House of Representatives and the Committee on network bandwidth at training sites, the avail- viduals who were forced into slave labor by Commerce, Science, and Transportation of the ability of suitable course materials, and the ef- the Government of the Third Reich of Ger- Senate that the obligation of funds is consistent fectiveness of such courses in terms of student many for the benefit of the German busi- with the strategic plan transmitted under sec- performance; nesses during World War II: Now, therefore, tion 103 of this Act. (12) timeline for implementing the plan; and be it (13) the expected costs for implementing the Resolved by the Senate (the House of Rep- SEC. 103. STRATEGIC PLAN. plan. resentatives concurring), That it is the sense (a) REQUIREMENT.—Not later than April 30, of Congress that it is in the interest of jus- 2001, the Administrator of the United States Fire SEC. 104. RESEARCH AGENDA. tice and fairness that the United States, Administration shall prepare and transmit to (a) REQUIREMENT.—Not later than 120 days through the Secretary of State or other ap- the Committee on Science of the House of Rep- after the date of the enactment of this Act, the propriate officials, put forth its best efforts resentatives and the Committee on Commerce, Administrator of the United States Fire Admin- to facilitate discussions designed to resolve Science, and Transportation of the Senate a 5- istration, in consultation with the Director of all issues between former members of the year strategic plan of program activities for the the Federal Emergency Management Agency, Armed Forces of the United States who were United States Fire Administration. the Director of the National Institute of Stand- prisoners of war forced into slave labor for (b) CONTENTS OF PLAN.—The plan required by ards and Technology, representatives of trade, the benefit of Japanese companies during subsection (a) shall include— professional, and non-profit associations, State World War II and the private Japanese com- (1) a comprehensive mission statement cov- and local firefighting services, and other appro- panies who profited from their slave labor. ering the major functions and operations of the priate entities, shall prepare and transmit to the f United States Fire Administration in the areas Committee on Science of the House of Represent- of training; research, development, test and atives and the Committee on Commerce, Science, FIRE ADMINISTRATION evaluation; new technology and non-develop- and Transportation of the Senate a report de- AUTHORIZATION ACT OF 2000 mental item implementation; safety; scribing the United States Fire Administration’s counterterrorism; data collection and analysis; research agenda and including a plan for imple- Mr. GRASSLEY. I ask unanimous and public education; menting that agenda. consent that the Chair lay before the (2) general goals and objectives, including (b) CONTENTS OF REPORT.—The report re- Senate a message from the House to those related to outcomes, for the major func- quired by subsection (a) shall— accompany H.R. 1550. tions and operations of the United States Fire (1) identify research priorities; There being no objection, the Pre- Administration; (2) describe how the proposed research agenda siding Officer laid before the Senate (3) a description of how the goals and objec- will be coordinated and integrated with the pro- the following message from the House tives identified under paragraph (2) are to be grams and capabilities of the National Institute of Representatives: achieved, including operational processes, skills of Standards and Technology, the Department and technology, and the human, capital, infor- of Defense, and other Federal agencies; Resolved, That the House agree to the mation, and other resources required to meet (3) identify potential roles of academic, trade, amendment of the Senate to the bill (H.R. those goals and objectives; professional, and non-profit associations, and 1550) entitled ‘‘An Act to authorize appro- (4) an analysis of the strengths and weak- other research institutions in achieving the re- priations for the United States Fire Admin- nesses of, opportunities for, and threats to the search agenda; istration for fiscal years 2000 and 2001, and United States Fire Administration; (4) provide cost estimates, anticipated per- for other purposes’’, with the following (5) an identification of the fire-related activi- sonnel needs, and a schedule for completing the House amendments to Senate amendment: ties of the National Institute of Standards and various elements of the research agenda; In lieu of the matter proposed to be in- Technology, the Department of Defense, and (5) describe ways to leverage resources serted by the amendment of the Senate, in- other Federal agencies, and a discussion of how through partnerships, cooperative agreements, sert the following: those activities can be coordinated with and and other means; and TITLE I—UNITED STATES FIRE contribute to the achievement of the goals and (6) discuss how the proposed research agenda ADMINISTRATION objectives identified under paragraph (2); will enhance training, improve State and local SEC. 101. SHORT TITLE. (6) a description of objective, quantifiable per- firefighting services, impact standards and This title may be cited as the ‘‘Fire Adminis- formance goals needed to define the level of per- codes, increase firefighter and public safety, tration Authorization Act of 2000’’. formance achieved by program activities in and advance firefighting techniques.

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 6333 E:\CR\FM\A31OC6.062 pfrm01 PsN: S31PT1 S11434 CONGRESSIONAL RECORD — SENATE October 31, 2000

(c) USE IN PREPARING STRATEGIC PLAN.—The (1) IN GENERAL.—The Federal Fire Prevention SEC. 113. NATIONAL FALLEN FIREFIGHTERS research agenda prepared under this section and Control Act of 1974 (15 U.S.C. 2201 et seq.) FOUNDATION TECHNICAL CORREC- shall be used in the preparation of the strategic is amended— TIONS. plan required by section 103. (A) by striking subsection (b) of section 10 (15 (a) PURPOSES.—Section 151302 of title 36, United States Code, is amended— SEC. 105. SURPLUS AND EXCESS FEDERAL EQUIP- U.S.C. 2209) and redesignating subsection (c) of MENT. that section as subsection (b); (1) by striking paragraph (1) and inserting the The Federal Fire Prevention and Control Act (B) by striking sections 26 and 27 (15 U.S.C. following: of 1974 is amended by adding at the end the fol- 2222; 2223); ‘‘(1) primarily— ‘‘(A) to encourage, accept, and administer pri- lowing new section: (C) by striking ‘‘(a) The’’ in section 24 (15 U.S.C. 2220) and inserting ‘‘The’’; and vate gifts of property for the benefit of the Na- ‘‘SEC. 33. SURPLUS AND EXCESS FEDERAL EQUIP- tional Fallen Firefighters’ Memorial and the an- MENT. (D) by striking subsection (b) of section 24. nual memorial service associated with the memo- ‘‘The Administrator shall make publicly avail- (2) REFERENCES TO SECRETARY.—The Federal rial; and able, including through the Internet, informa- Fire Prevention and Control Act of 1974 (15 ‘‘(B) to, in coordination with the Federal Gov- tion on procedures for acquiring surplus and ex- U.S.C. 2201 et seq.) is amended— ernment and fire services (as that term is de- cess equipment or property that may be useful to (A) in section 4 (15 U.S.C. 2203)— fined in section 4 of the Federal Fire Prevention State and local fire, emergency, and hazardous (i) by inserting ‘‘and’’ after the semicolon in and Control Act of 1974 (15 U.S.C. 2203)), plan, material handling service providers.’’. paragraph (7); (ii) by striking paragraph (8); and direct, and manage the memorial service referred SEC. 106. COOPERATIVE AGREEMENTS WITH FED- (iii) by redesignating paragraph (9) as para- to in subparagraph (A);’’; ERAL FACILITIES. graph (8); (2) by inserting ‘‘and Federal’’ in paragraph The Federal Fire Prevention and Control Act (B) by striking ‘‘Secretary’’ and inserting ‘‘Di- (2) after ‘‘non-Federal’’; of 1974, as amended by section 105, is amended rector’’— (3) in paragraph (3)— by adding at the end the following new section: (i) in section 5(b) (15 U.S.C. 2204(b)); (A) by striking ‘‘State and local’’ and insert- ‘‘SEC. 34. COOPERATIVE AGREEMENTS WITH FED- (ii) each place it appears in section 7 (15 ing ‘‘Federal, State, and local’’; and ERAL FACILITIES. U.S.C. 2206); (B) by striking ‘‘and’’ after the semicolon; ‘‘The Administrator shall make publicly avail- (iii) the first place it appears in section 11(c) (4) by striking ‘‘firefighters.’’ in paragraph (4) able, including through the Internet, informa- (15 U.S.C. 2210(c)); and inserting ‘‘firefighters;’’; and tion on procedures for establishing cooperative (iv) in section 15(b)(2), (c), and (f) (15 U.S.C. (5) by adding at the end the following: agreements between State and local fire and 2214(b)(2), (c), and (f)); ‘‘(5) to provide for a national program to as- emergency services and Federal facilities in their (v) the second place it appears in section sist families of fallen firefighters and fire de- region relating to the provision of fire and emer- 15(e)(1)(A) (15 U.S.C. 2214(e)(1)(A)); partments in dealing with line-of-duty deaths of gency services.’’. (vi) in section 16 (15 U.S.C. 2215); those firefighters; and SEC. 107. NEED FOR ADDITIONAL TRAINING IN (vii) the second place it appears in section ‘‘(6) to promote national, State, and local ini- COUNTERTERRORISM. 19(a) (42 U.S.C. 290a(a)); tiatives to increase public awareness of fire and (a) IN GENERAL.—The Administrator of the (viii) both places it appears in section 20 (15 life safety.’’. United States Fire Administration shall conduct U.S.C. 2217); and (b) BOARD OF DIRECTORS.—Section 151303 of an assessment of the need for additional capa- (ix) in section 21(c) (15 U.S.C. 2218(c)); and title 36, United States Code, is amended— bilities for Federal counterterrorism training of (C) in section 15, by striking ‘‘Secretary’s’’ (1) by striking subsections (f) and (g) and in- emergency response personnel. each place it appears and inserting ‘‘Direc- serting the following: (b) CONTENTS OF ASSESSMENT.—The assess- tor’s’’. ‘‘(f) STATUS AND COMPENSATION.— ment conducted under this section shall in- (b) DEPARTMENT OF COMMERCE.—Section 12 of ‘‘(1) Appointment to the board shall not conclude— the Act of February 14, 1903 (15 U.S.C. 1511) is stitute employment by or the holding of an of- (1) a review of the counterterrorism training amended— fice of the United States. programs offered by the United States Fire Ad- (1) by inserting ‘‘and’’ after ‘‘Census;’’ in ‘‘(2) Members of the board shall serve without ministration and other Federal agencies; paragraph (5); compensation.’’; and (2) an estimate of the number and types of (2) by striking paragraph (6); and (2) by redesignating subsection (h) as sub- emergency response personnel that have, during (3) by redesignating paragraph (7) as para- section (g). the period between January 1, 1994, and October graph (6). (c) OFFICERS AND EMPLOYEES.—Section 151304 1, 1999, sought training described in paragraph SEC. 111. NATIONAL FIRE ACADEMY CURRICULUM of title 36, United States Code, is amended— (1) by striking ‘‘not more than 2’’ in sub- (1), but have been unable to receive that train- REVIEW. section (a); and ing as a result of the oversubscription of the (a) IN GENERAL.—The Administrator of the (2) by striking ‘‘are not’’ in subsection (b)(1) training capabilities; and United States Fire Administration, in consulta- and inserting ‘‘shall not be considered’’. (3) a recommendation on the need to provide tion with the Board of Visitors and representa- (d) SUPPORT BY THE ADMINISTRATOR.—Section additional Federal counterterrorism training tives of trade and professional associations, 151307(a)(1) of title 36, United States Code, is centers, including— State and local firefighting services, and other amended— (A) an analysis of existing Federal facilities appropriate entities, shall conduct a review of (1) by striking ‘‘The Administrator’’ and in- that could be used as counterterrorism training the courses of instruction available at the Na- serting ‘‘During the 10-year period beginning on facilities; and tional Fire Academy to ensure that they are up- the date of enactment of the Fire Administration (B) a cost-benefit analysis of the establish- to-date and complement, not duplicate, courses Authorization Act of 2000, the Administrator’’; ment of such counterterrorism training facilities. of instruction offered elsewhere. Not later than (c) REPORT.—Not later than 180 days after the and 180 days after the date of enactment of this Act, (2) by striking ‘‘shall’’ in subparagraph (B) date of the enactment of this Act, the Adminis- the Administrator shall prepare and submit a re- and inserting ‘‘may’’. trator shall prepare and submit to the Congress port to the Committee on Science of the House of a report on the results of the assessment con- Representatives and the Committee on Com- TITLE II—EARTHQUAKE HAZARDS ducted under this section. merce, Science, and Transportation of the Sen- REDUCTION SEC. 108. WORCESTER POLYTECHNIC INSTITUTE ate. SEC. 201. SHORT TITLE. FIRE SAFETY RESEARCH PROGRAM. (b) CONTENTS OF REPORT.—The report re- This title may be cited as the ‘‘Earthquake From the funds authorized to be appropriated quired by subsection (a) shall— Hazards Reduction Authorization Act of 2000’’. by the amendments made by section 102, (1) examine and assess the courses of instruc- SEC. 202. AUTHORIZATION OF APPROPRIATIONS. $1,000,000 may be expended for the Worcester tion offered by the National Fire Academy; (a) FEDERAL EMERGENCY MANAGEMENT AGEN- Polytechnic Institute fire safety research pro- (2) identify redundant and out-of-date courses CY.—Section 12(a)(7) of the Earthquake Hazards gram. of instruction; Reduction Act of 1977 (42 U.S.C. 7706(a)(7)) is SEC. 109. INTERNET AVAILABILITY OF INFORMA- (3) examine the current and future impact of amended— TION. information technology on National Fire Acad- (1) by striking ‘‘and’’ after ‘‘1998,’’; and Upon the conclusion of the research under a emy curricula, methods of instruction, and de- (2) by striking ‘‘1999.’’ and inserting ‘‘1999; research grant or award of $50,000 made with livery of services; and $19,861,000 for the fiscal year ending September funds authorized by this title (or any amend- (4) make recommendations for updating the 30, 2001, of which $450,000 is for National Earth- ments made by this title), the Administrator of curriculum, methods of instruction, and delivery quake Hazard Reduction Program-eligible ef- the United States Fire Administration shall of services by the National Fire Academy con- forts of an established multi-state consortium to make available through the Internet home page sidering current and future needs, State-based reduce the unacceptable threat of earthquake of the Administration a brief summary of the re- curricula, advances in information technologies, damages in the New Madrid seismic region sults and importance of such research grant or and other relevant factors. through efforts to enhance preparedness, re- award. Nothing in this section shall be con- SEC. 112. REPEAL OF EXCEPTION TO FIRE SAFETY sponse, recovery, and mitigation; $20,705,000 for strued to require or permit the release of any in- REQUIREMENT. the fiscal year ending September 30, 2002; and formation prohibited by law or regulation from (a) REPEAL.—Section 4 of Public Law 103–195 $21,585,000 for the fiscal year ending September being released to the public. (107 Stat. 2298) is hereby repealed. 30, 2003.’’. SEC. 110. CONFORMING AMENDMENTS AND RE- (b) EFFECTIVE DATE.—Subsection (a) shall (b) UNITED STATES GEOLOGICAL SURVEY.—Sec- PEALS. take effect 1 year after the date of the enact- tion 12(b) of the Earthquake Hazards Reduction (a) 1974 ACT.— ment of this Act. Act of 1977 (42 U.S.C. 7706(b)) is amended—

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 6333 E:\CR\FM\A31OC6.070 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11435 (1) by inserting after ‘‘operated by the Agen- and data analysis centers, into a coordinated concerning the preparation of requests for ap- cy.’’ the following: ‘‘There are authorized to be system that will measure and record the full propriations for activities related to the Pro- appropriated to the Secretary of the Interior for range of frequencies and amplitudes exhibited gram, and shall prepare, in conjunction with purposes of carrying out, through the Director by seismic waves, in order to enhance earth- the other Program agencies, an annual Program of the United States Geological Survey, the re- quake research and warning capabilities. budget to be submitted to the Office of Manage- sponsibilities that may be assigned to the Direc- ‘‘(b) MANAGEMENT PLAN.—Not later than 90 ment and Budget. tor under this Act $48,360,000 for fiscal year days after the date of the enactment of the ‘‘(2) REPORTS.—Each Program agency shall 2001, of which $3,500,000 is for the Global Seis- Earthquake Hazards Reduction Authorization include with its annual request for appropria- mic Network and $100,000 is for the Scientific Act of 2000, the Director of the United States tions submitted to the Office of Management Earthquake Studies Advisory Committee estab- Geological Survey shall transmit to the Congress and Budget a report that— lished under section 210 of the Earthquake Haz- a 5-year management plan for establishing and ‘‘(A) identifies each element of the proposed ards Reduction Authorization Act of 2000; operating the Advanced National Seismic Re- Program activities of the agency; $50,415,000 for fiscal year 2002, of which search and Monitoring System. The plan shall ‘‘(B) specifies how each of these activities con- $3,600,000 is for the Global Seismic Network and include annual cost estimates for both mod- tributes to the Program; and $100,000 is for the Scientific Earthquake Studies ernization and operation, milestones, standards, ‘‘(C) states the portion of its request for ap- Advisory Committee; and $52,558,000 for fiscal and performance goals, as well as plans for se- propriations allocated to each element of the year 2003, of which $3,700,000 is for the Global curing the participation of all existing networks Program.’’. Seismic Network and $100,000 is for the Sci- in the Advanced National Seismic Research and SEC. 207. REPORT ON AT-RISK POPULATIONS. entific Earthquake Studies Advisory Com- Monitoring System and for establishing new, or Not later than one year after the date of the mittee.’’; enhancing existing, partnerships to leverage re- enactment of this Act, and after a period for (2) by striking ‘‘and’’ at the end of paragraph sources. public comment, the Director of the Federal (1); ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Emergency Management Agency shall transmit (3) by striking ‘‘1999,’’ at the end of para- ‘‘(1) EXPANSION AND MODERNIZATION.—In ad- to the Congress a report describing the elements graph (2) and inserting ‘‘1999;’’; and dition to amounts appropriated under section of the Program that specifically address the (4) by inserting after paragraph (2) the fol- 12(b), there are authorized to be appropriated to needs of at-risk populations, including the el- lowing: the Secretary of the Interior, to be used by the derly, persons with disabilities, non-English- ‘‘(3) $9,000,000 of the amount authorized to be Director of the United States Geological Survey speaking families, single-parent households, and appropriated for fiscal year 2001; to establish the Advanced National Seismic Re- the poor. Such report shall also identify addi- ‘‘(4) $9,250,000 of the amount authorized to be search and Monitoring System— tional actions that could be taken to address appropriated for fiscal year 2002; and ‘‘(A) $33,500,000 for fiscal year 2002; those needs and make recommendations for any ‘‘(5) $9,500,000 of the amount authorized to be ‘‘(B) $33,700,000 for fiscal year 2003; additional legislative authority required to take appropriated for fiscal year 2003,’’. ‘‘(C) $35,100,000 for fiscal year 2004; such actions. (c) REAL-TIME SEISMIC HAZARD WARNING SYS- ‘‘(D) $35,000,000 for fiscal year 2005; and SEC. 208. PUBLIC ACCESS TO EARTHQUAKE IN- TEM.—Section 2(a)(7) of the Act entitled ‘‘An ‘‘(E) $33,500,000 for fiscal year 2006. FORMATION. Act To authorize appropriations for carrying ‘‘(2) OPERATION.—In addition to amounts ap- Section 5(b)(2)(A)(ii) of the Earthquake Haz- out the Earthquake Hazards Reduction Act of propriated under section 12(b), there are author- ards Reduction Act of 1977 (42 U.S.C. 1977 for fiscal years 1998 and 1999, and for other ized to be appropriated to the Secretary of the 7704(b)(2)(A)(ii)) is amended by inserting ‘‘, and purposes’’ (111 Stat. 1159; 42 U.S.C. 7704 nt) is Interior, to be used by the Director of the United development of means of increasing public ac- amended by striking ‘‘1999.’’ and inserting States Geological Survey to operate the Ad- cess to available locality-specific information ‘‘1999; $2,600,000 for fiscal year 2001; $2,710,000 vanced National Seismic Research and Moni- that may assist the public in preparing for or re- for fiscal year 2002; and $2,825,000 for fiscal year toring System— sponding to earthquakes’’ after ‘‘and the gen- 2003.’’. ‘‘(A) $4,500,000 for fiscal year 2002; and eral public’’. (d) NATIONAL SCIENCE FOUNDATION.—Section ‘‘(B) $10,300,000 for fiscal year 2003.’’. SEC. 209. LIFELINES. 12(c) of the Earthquake Hazards Reduction Act SEC. 205. NETWORK FOR EARTHQUAKE ENGI- Section 4(6) of the Earthquake Hazards Re- of 1977 (42 U.S.C. 7706(c)) is amended— NEERING SIMULATION. duction Act of 1977 (42 U.S.C. 7703(6)) is amend- (1) by striking ‘‘1998, and’’ and inserting The Earthquake Hazards Reduction Act of ed by inserting ‘‘and infrastructure’’ after ‘‘1998,’’; and 1977 (42 U.S.C. 7701 et seq.) is further amended ‘‘communication facilities’’. (2) by inserting after ‘‘1999.’’ the following: by adding at the end the following new section: SEC. 210. SCIENTIFIC EARTHQUAKE STUDIES AD- VISORY COMMITTEE. ‘‘There are authorized to be appropriated to the ‘‘SEC. 14. NETWORK FOR EARTHQUAKE ENGI- (a) ESTABLISHMENT.—The Director of the National Science Foundation $19,000,000 for en- NEERING SIMULATION. United States Geological Survey shall establish gineering research and $11,900,000 for geo- ‘‘(a) ESTABLISHMENT.—The Director of the a Scientific Earthquake Studies Advisory Com- sciences research for fiscal year 2001; $19,808,000 National Science Foundation shall establish the mittee. for engineering research and $12,406,000 for geo- George E. Brown, Jr. Network for Earthquake (b) ORGANIZATION.—The Director shall estab- sciences research for fiscal year 2002; and Engineering Simulation that will upgrade, link, $20,650,000 for engineering research and lish procedures for selection of individuals not and integrate a system of geographically distrib- employed by the Federal Government who are $12,933,000 for geosciences research for fiscal uted experimental facilities for earthquake engi- year 2003.’’. qualified in the seismic sciences and other ap- neering testing of full-sized structures and their propriate fields and may, pursuant to such pro- (e) NATIONAL INSTITUTE OF STANDARDS AND components and partial-scale physical models. cedures, select up to ten individuals, one of TECHNOLOGY.—Section 12(d) of the Earthquake The system shall be integrated through net- whom shall be designated Chairman, to serve on Hazards Reduction Act of 1977 (42 U.S.C. working software so that integrated models and 7706(d)) is amended— the Advisory Committee. Selection of individuals databases can be used to create model-based for the Advisory Committee shall be based solely (1) by striking ‘‘1998, and’’; and inserting simulation, and the components of the system ‘‘1998,’’; and on established records of distinguished service, shall be interconnected with a computer net- and the Director shall ensure that a reasonable (2) by striking ‘‘1999.’’ and inserting ‘‘1999, work and allow for remote access, information $2,332,000 for fiscal year 2001, $2,431,000 for fis- cross-section of views and expertise is rep- sharing, and collaborative research. resented. In selecting individuals to serve on the cal year 2002, and $2,534,300 for fiscal year ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In 2003.’’. Advisory Committee, the Director shall seek and addition to amounts appropriated under section give due consideration to recommendations from SEC. 203. REPEALS. 12(c), there are authorized to be appropriated to the National Academy of Sciences, professional Section 10 and subsections (e) and (f) of sec- the National Science Foundation for the George societies, and other appropriate organizations. tion 12 of the Earthquake Hazards Reduction E. Brown, Jr. Network for Earthquake Engi- (c) MEETINGS.—The Advisory Committee shall Act of 1977 (42 U.S.C. 7705d and 7706 (e) and (f)) neering Simulation— meet at such times and places as may be des- are repealed. ‘‘(1) $28,200,000 for fiscal year 2001; ignated by the Chairman in consultation with SEC. 204. ADVANCED NATIONAL SEISMIC RE- ‘‘(2) $24,400,000 for fiscal year 2002; the Director. SEARCH AND MONITORING SYSTEM. ‘‘(3) $4,500,000 for fiscal year 2003; and (d) DUTIES.—The Advisory Committee shall The Earthquake Hazards Reduction Act of ‘‘(4) $17,000,000 for fiscal year 2004.’’. advise the Director on matters relating to the 1977 (42 U.S.C. 7701 et seq.) is amended by add- SEC. 206. BUDGET COORDINATION. United States Geological Survey’s participation ing at the end the following new section: Section 5 of the Earthquake Hazards Reduc- in the National Earthquake Hazards Reduction ‘‘SEC. 13. ADVANCED NATIONAL SEISMIC RE- tion Act of 1977 (42 U.S.C. 7704) is amended— Program, including the United States Geological SEARCH AND MONITORING SYSTEM. (1) by striking subparagraph (A) of subsection Survey’s roles, goals, and objectives within that ‘‘(a) ESTABLISHMENT.—The Director of the (b)(1) and redesignating subparagraphs (B) Program, its capabilities and research needs, United States Geological Survey shall establish through (F) of subsection (b)(1) as subpara- guidance on achieving major objectives, and es- and operate an Advanced National Seismic Re- graphs (A) through (E), respectively; and tablishing and measuring performance goals. search and Monitoring System. The purpose of (2) by adding at the end the following new The Advisory Committee shall issue an annual such system shall be to organize, modernize, subsection: report to the Director for submission to Congress standardize, and stabilize the national, re- ‘‘(c) BUDGET COORDINATION.— on or before September 30 of each year. The regional, and urban seismic monitoring systems in ‘‘(1) GUIDANCE.—The Agency shall each year port shall describe the Advisory Committee’s ac- the United States, including sensors, recorders, provide guidance to the other Program agencies tivities and address policy issues or matters that

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 6333 E:\CR\FM\A31OC6.070 pfrm01 PsN: S31PT1 S11436 CONGRESSIONAL RECORD — SENATE October 31, 2000 affect the United States Geological Survey’s par- shown some real leadership and he has Now, because we get in this little bit ticipation in the National Earthquake Hazards pulled a bipartisan group of people to- of a jam and the President gets a little Reduction Program. gether to get this incredibly important more leverage in his negotiations, we Amend the title so as to read as follows: work done. are now at a point where some of the ‘‘An Act to authorize appropriations for the United States Fire Administration, and for The United States has been saying to leadership had said, OK, we won’t make carrying out the Earthquake Hazards Reduc- other countries that if they were going it a year’s delay before more work can tion Act of 1977, for fiscal years 2001, 2002, to get the International Monetary be done on OSHA with ergonomics; it and 2003, and for other purposes.’’. Fund moneys to bail them out, they will only be until March 1st. In the last Mr. GRASSLEY. I ask unanimous have to do bankruptcy reform. Guess minutes, that goalpost was moved consent that the Senate agree to the who are the last ones demanding that again. The President said, no, I want to House amendments. other people do bankruptcy reform. be able to put it into effect, and they The PRESIDING OFFICER. Without I thank the Senator from Iowa for his can take it out of effect if there is a objection, it is so ordered. efforts on this, the people he has new administration next year. brought into it from both sides of the Let me state how difficult a proce- f aisle, and I thank the Senator from dure that would be. It would be next to LIBRARY OF CONGRESS FISCAL Alabama for his incredible record, too. impossible to remove an absolutely ri- OPERATIONS IMPROVEMENT ACT f diculous rule that is landsliding through this place by an agency out of OF 2000 BUDGET NEGOTIATIONS control, that has known what it want- Mr. GRASSLEY. I ask unanimous Mr. ENZI. Mr. President, I need to consent that the Senate now proceed to ed to do from the very first day that it address a slightly different issue at wrote the rule. It has done every single the consideration of H.R. 5410, which is this point, to again explain why we are at the desk. thing it can to make sure that rule where we are. I began in June with reg- comes into effect. They don’t care who The PRESIDING OFFICER. The ular speeches about how we were going clerk will report the bill by title. doesn’t like it. to wind up in this position: The other Our ergonomics amendment, which The legislative clerk read as follows: side of the aisle was objecting to mo- delays it one year, is not about wheth- A bill (H.R. 5410) to establish revolving tions to proceed to appropriations bills er we should have an ergonomics rule. funds for the operation of certain programs and the extended debate we had to have and activities of the Library of Congress, and It is not a prohibition against an for other purposes. on whether we could debate put the ergonomics rule. It is most definitely Senate in a situation where we had to not a dispute about the importance of There being no objection, the Senate do all of our negotiations with the safety for American workers. We need proceeded to consider the bill. White House, instead of, as the Con- to have safety for American workers, Mr. GRASSLEY. I ask unanimous stitution says, where the Senate will but we need to do it the right way. consent that the bill be considered read determine in conjunction with the This amendment was passed in a bi- the third time and passed, the motion House the expenditures of this Nation. partisan way. It is imperative that to reconsider be laid upon the table, That is exactly what has happened. Congress insists there be a reasonable and any statements relating to the bill There has been delay after delay after amount of time on this rule. The rule be printed in the RECORD. delay that has pushed the appropria- was only published a year ago. They The PRESIDING OFFICER. Without tions process to this point. Yesterday, are anticipating that maybe they can objection, it is so ordered. the President vetoed the Treasury- even squeak by before there is agree- The bill (H.R. 5410) was read the third Postal bill. Through a quote from Con- ment and get this rule finalized and ap- time and passed. gress Daily, we learn a top administra- proved. That will be quicker than f tion official confirmed Wednesday that OSHA has done a rule. That would be ORDERS FOR WEDNESDAY, the President will sign it; we didn’t record time. NOVEMBER 1, 2000 need to make changes to it. They mention this was brought up There is a lot of speculation why this about 12 or 13 years ago. There has not Mr. GRASSLEY. I ask unanimous was vetoed. The President said yester- been agreement on it since that time. consent that when the Senate com- day there was nothing really wrong It never got published until a year ago. pletes its business today, it recess until with the Treasury-Postal bill, but he There has been no official action until the hour of 9:30 a.m. on Wednesday, No- just didn’t think we ought to have that a year ago. vember 1st. I further ask consent that bill signed until we complete the few Let me state why we ought to be con- on Wednesday, immediately following other remaining bills. He arbitrarily cerned about this rule and why the the prayer, the Journal of proceedings vetoed the bill after a top administra- delay occurred, in a bipartisan way, for be approved to date, the time for the tion official said the President would a year. People didn’t approve of the two leaders be reserved for their use sign it and after the Democratic lead- way OSHA was handling it, the way later in the day, and that the Senate ership in Congress had agreed to it. they were going about it. OSHA paid then proceed to a cloture vote on H.R. The President keeps moving the goal- over 70 contractors a total of $1.75 mil- 2415, the bankruptcy legislation, as posts in an attempt to provoke a con- lion to help with the ergonomics rule. under the previous order. frontation with Congress. As a result, They paid 28 contractors $10,000 each to The PRESIDING OFFICER. Without it has made negotiations next to im- testify at the public rulemaking hear- objection, it is so ordered. possible. How can you negotiate when ings. They didn’t only pay the wit- Mr. WELLSTONE. Mr. President, I the commitments aren’t kept, when nesses to testify; they didn’t notify the object. We need to have a discussion the rules aren’t followed? public, and then they assisted the wit- about this. One most important to me is the nesses with the preparation of their The PRESIDING OFFICER. The ob- ergonomics amendment. That is an testimony. Then they brought them in jection is heard. amendment passed in the Senate on a for practice runs for the hearing. Then Mr. GRASSLEY. I yield 15 minutes, bipartisan vote. The exact same they paid them to tear apart the testi- and hopefully less, to the Senator from amendment was passed on the House mony of the opposition. That is not the Wyoming. side by a bipartisan vote. Labor-HHS way we do things around here. The PRESIDING OFFICER. The Sen- has some monetary items that are dif- That resulted in people on both sides ator from Wyoming is recognized. ferent between the two sides but not of the aisle being extremely upset with f that amendment. A conference com- the way it was handled. The way that mittee was formed and they met. The OSHA has handled this gives every in- BANKRUPTCY REFORM White House said, we don’t like the dication that the way they wrote it is Mr. ENZI. Mr. President, I congratu- amendment on ergonomics. Both sides the way it has to be; that they are not late the distinguished Senator from of the conference committee said that going to pay attention to any of the Iowa, Mr. GRASSLEY, for all of the work is not conferenceable. It was the same comments or the additional testimony. he has done on bankruptcy. He has on both sides. They knew they were right when they

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.070 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11437 wrote it and they will be darned if they So the House folks and the Senate ORDER FOR RECESS are going to change it. That is not how folks—not just the House folks, as has Mr. GRASSLEY. If there is no fur- we do rules, particularly ones that cost been written up in some of the papers— ther business to come before the Sen- billions of dollars, without getting the have been incensed the President is in- ate, I now ask the Senate stand in re- desired effect. That is the purpose of a sisting this rule be allowed to go into cess under the previous order, fol- rule, to get a desired effect. This one force but not to be enforced until next lowing the remarks of myself and Sen- year. That is not the way we do it. will not get the desired effect. ator SESSIONS. It is interesting to note the Bureau That is one of the things that is keep- The PRESIDING OFFICER (Mr. of Labor Statistics says, without the ing Labor-HHS from being approved ENZI). Without objection, it is so or- rule, United States employers reduced now. It should not be the major crux of dered. ergonomic injuries by 29 percent. What an appropriations bill, but it is a very f do the hearing records show? With the important point that we need ensure ergonomics rule they would get zero that any changes made in rules that BANKRUPTCY percent the first year and 7 percent the work on the worker get the proper Mr. GRASSLEY. We have had a good second year. American business is amount of oversight. discussion on the bankruptcy bill. We doing better than that without the That is all we are asking for, an op- will have further discussion rule. How are they doing it? Somebody portunity to do the proper oversight on postcloture. I think we have a good is helping them to figure out what they it and to get an indication of some sort product. This conference report is basi- need to do. from OSHA that they are going to pay cally the Senate-passed bankruptcy Small business in this country has attention to any of the 7,000 comments bill with certain minimal changes trouble handling the OSHA rules. They they received. made to accommodate the House of We are at a point where we need to have over 12,000 pages of regulations Representatives. The means test re- wrap up this session. We are at a point they have to digest. If you are a small tains the essential flexibility that we where we need to get the work done. employer, you cannot read 12,000 pages passed in the Senate. The new con- But that is one item I will stay around in a year. Any time they get help on sumer protections sponsored by Sen- here for until next year, if I have to, to knowing what they can do to provide ator REED of Rhode Island relating to be sure we do the job right and not in safety in the business, they do it. It is reaffirmation is in our conference re- shown time and time again on every a hurry. We do not need to rush things. I thank the Senator from Iowa, and I port before the Senate. The credit card kind of injury there is. So we put in disclosure sponsored by Senator the motion to slow down OSHA a little yield the floor. The PRESIDING OFFICER. The Sen- TORRICELLI is also in this final con- bit, to make sure they took the nec- ference report. We also maintain Sen- essary time to look at the rule and to ator from Iowa. f ator LEAHY’s special protections for get rid of this perception that their victims of domestic violence and Sen- first idea was the only idea and the ORDERS FOR WEDNESDAY, ator FEINGOLD’s special protections for right idea and going to be the final NOVEMBER 1, 2000 expenses associated with caring for idea. Somehow, they have to work past Mr. GRASSLEY. Mr. President, for nondependent family members. that perception. the leader, I have a unanimous consent I think it is pretty clear that on the The amendment is a reasonable 1- request. consumer bankruptcy side, we main- year delay. It will ensure that OSHA I ask unanimous consent that when tain the Senate’s position. Anybody takes the time to evaluate all 7,000 the Senate completes its business who says otherwise has not read the comments it has received and try to re- today, it recess until the hour of 9:30 conference report. solve the problems with the rule. It a.m. on Wednesday, November 1. I fur- It is also important to realize how also gives Congress the time to perform ther ask unanimous consent that on much of an improvement this legisla- its appropriate oversight function. Wednesday, immediately following the tion is for child support claims. The or- So there is a reason for a delay. prayer, the Journal of proceedings be ganizations that specialize in tracking Rules in OSHA have been extremely approved to date, the time for the two down deadbeat fathers think this bill permanent. Any one that has ever leaders be reserved for their use later will be a tremendous help in collecting passed has had court trials and a num- in the day, and the Senate then pro- child support. ber of them have been reversed. But if ceed to a cloture vote on H.R. 2415, the I have a letter I am going to ask to they make it through the court trial, bankruptcy legislation, as under the have printed in the RECORD from Mr. did you know they have not been re- previous order. Philip Strauss of the Family Support vised in the time that OSHA has been The PRESIDING OFFICER. Without Bureau of the San Francisco district around? Do you think technology has objection, it is so ordered. attorney’s office. Mr. Strauss notes changed a little bit? Do you think Mr. GRASSLEY. Further, I ask unan- that professional organizations of peo- there is any reason we ought to look at imous consent that the Senate stand in ple who actually collect child support rules that are 29 years old? We prob- recess from the hour of 12:30 to 2:15 . . . have endorsed the child support provi- ably ought to. Instead, we are rushing p.m. for the weekly policy conference sions of the Bankruptcy Reform Act as cru- into an area here that not only pro- meetings. cially needed modifications of the Bank- vides a rule without sufficient over- The PRESIDING OFFICER. Without ruptcy Code, which will significantly im- sight, but it provides a rule that gets objection, it is so ordered. prove the collection of support during bank- into workers comp. Yes, it gets into f ruptcy. workers comp. In its preamble, OSHA There you have it. According to peo- PROGRAM specifically prohibits any right to imple in the front lines, the bankruptcy pose on workers comp, and there is Mr. GRASSLEY. For the information bill is good for collecting child support. good reason for that. Workers comp of all Senators, the Senate will con- So I say to my colleagues, if you have has been around a long time. There are vene tomorrow at 9:30 a.m. A cloture concerns about child support, look at precedents that have been developed. vote on the bankruptcy bill is sched- this letter. They are important precedents. uled to occur immediately following I ask unanimous consent to have it Here is the biggest problem with it. the prayer and opening statement. Fol- printed in the RECORD. You can get paid twice for the same in- lowing the vote, under rule XXII, the There being no objection, the mate- jury. It is kind of a rule of mine: If I Senate will begin 30 hours of rial was ordered to be printed in the can make more by not working than I postcloture debate on the bankruptcy RECORD, as follows: can working, don’t expect me to show bill. The Senate will recess for the DISTRICT ATTORNEY FAMILY up. That is going to cause some major weekly party conferences from 12:30 to SUPPORT BUREAU, problems for business in this country. 2:15 p.m. Senators can expect a vote on San Francisco, CA, September 14, 1999. It is something that needs to be re- a continuing resolution late tomorrow Re S. 625 [Bankruptcy Reform Act]. vised. Again, there is no indication at afternoon and will be notified as to DEAR SENATORS: I am writing this letter in all it would be revised. when that vote is scheduled. response to the July 14, 1999 letter prepared

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.082 pfrm01 PsN: S31PT1 S11438 CONGRESSIONAL RECORD — SENATE October 31, 2000 by the National Women’s Law Center. That 3. Free or low cost collection services pro- erential transfers support payments made letter asserts in conclusory terms that the vided by the government. during the ninety days preceding the filing Bankruptcy Reform Act would put women 4. Use of interstate processes to collect of the bankruptcy petition, and liens secur- and children support creditors at greater support arrearage, including interstate earning support may not be avoided as they may risk than they are under current bankruptcy ings withholding orders and interstate real be with commercial judgment liens. Unlike law. The letter ends with the endorsement of estate support liens. commercial creditors, support creditors may numerous women’s organizations. 5. License revocation for support collect their debts through interception of I have been engaged in the profession of delinquents. income tax refunds, license revocations, and collecting child support for the past 27 years 6. Criminal prosecution and contempt pro- adverse credit reporting, all—under this in the Office of the District Attorney of San cedures for failing to pay support debts. bill—without the need to seek relief from the Francisco, Family Support Bureau. I have 7. Federal prosecution for nonpayment of automatic bankruptcy stay. practiced and taught bankruptcy law for the support and federal collection of support In addition, support creditors will benefit— past ten years. I participated in the drafting debts. again, unlike commercial creditors—from of the child support provisions in the House 8. Denial of passports to support debtors. chapter 12 and 13 plans which must provide version of bankruptcy reform and testified 9. Automatic treatment of support debts as for full payment of on-going support and un- on those provisions before the House Sub- judgments which are collectible under state assigned support arrears. Further benefits to committee on Commercial and Administra- judgment laws, including garnishment, exe- support creditors which are not available to tive Law this year. cution, and real and personal property liens. commercial creditors is the security in I believe it is important to point out that 10. Collection of support debts from exempt knowing that chapter 12 and 13 debtors will none of the organizations opposing this legis- assets. not be able to discharge other debts unless lation which are listed in the July 14th letter 11. The right of support creditors or their all postpetion support and prepetition unas- actually engages in the collection of support. representatives to appear in any bankruptcy signed arrears have been paid in full. On the other hand, the largest professional court without the payment of filing fees or Finally, and most importantly, support organizations which perform this function the requirements of formal admission. creditors will receive—even during bank- have endorsed the child support provisions of While the above list is not exhaustive, it is ruptcy—current support and unassigned ar- the Bankruptcy Reform Act as crucially illustrative of the numerous advantages rearage payments through the federally needed modifications of the Bankruptcy given to support creditors over other credi- mandated earnings withholding procedures Code which will significantly improve the tors. And while all of these advantages may without the usual interruption caused by the collection of support during bankruptcy. not ultimately guarantee that support will filing of a bankruptcy case. Like many other These organizations include: be collected, they profoundly undermine the provisions of the bill, this provision is self- 1. The National Child Support Enforcement assumption of the National Women’s Law executing, the bankruptcy proceeding will Association. Center that the mere existence of financial not affect this collection process. Frankly, 2. The National District Attorneys Asso- institution debt will somehow put support and contrary to the assertions of the Na- ciation. creditors at a disadvantage. To put it other- tional Women’s Law Center, it is difficult to 3. The National Association of Attorneys wise, support may sometimes be difficult to conceive how this bill could better insure General. collect, but collection of support debt does 4. The Western Interstate Child Support that ‘‘support payments will come first, not become more difficult simply because fi- ahead of the increased claims of the commer- Enforcement Council. nancial institutions also seek to collect The thrust of the criticism made by the cial creditors.’’ their debts. National Women’s Law Center is that by not The National Women’s Law Center states The National Women’s Law Center anal- discharging certain debts owed to credit and that some improvements were made in the ysis includes without specification that the finance companies, the institutions would be Senate Judiciary Committee. This organiza- support ‘‘provisions fail to insure that sup- in competition with women and children for tion may wish to think twice about that con- port payments will come first, ahead of the scarce resources of the debtor and that the clusion. What the Senate amendments did increased claims of the commercial credi- bill fails ‘‘to insure that support payments was to distinguish in some cases between tors.’’ Professional support collectors, on the will come first.’’ They say that the ‘‘bill does support arrears that are assigned (to the other hand, have no trouble in understanding not ensure that, in this intensified competi- government) and those that are unassigned how this bill will enhance the collection of tion for the debtor’s limited resources, par- (owned directly to the parent). The NWLC support ahead of the increased claims of ents and children owed support will prevail might have a point if assigned arrears were commercial creditors. To them, such credi- over the sophisticated collection depart- strictly government property and provided tors are irrelevant outside the bankruptcy ments of these powerful interests.’’ no benefit to women and children creditors. With all due respect, nothing could be fur- process. And in light of the treatment of do- However, upon a closer look, arrears as- ther from the truth. While the argument is mestic support obligations as priority claims signed to the government may greatly inure superficially plausible, it ignores the reality under current law and the enhanced priority to the benefit of such creditors. of the mechanisms actually available for col- treatment of such claims in the proposed leg- In the first place the entire federal child lection of domestic support obligations in islation, this objection seems particularly support program was created to recover sup- contrast with those available for non-sup- unfounded. port which should have been paid by absent port debts. Where support creditors are indeed at a parents, but was not. Such recovered funds Absent the filing of the bankruptcy case, disadvantage under current law is during the became and remain a source of funding to no professional support collector considers bankruptcy of a support debtor. Under exist- pay public assistance benefits, especially by the existence of a debt to a financial institu- ing bankruptcy law support creditors fre- the states which contribute about one half of tion as posing a significant obstacle to the quently have to hire attorneys to enforce the costs of such benefits. collection of the support debt. The reason is support obligations during bankruptcy or at- More directly significant, however, is the simple: the tools available to collect support tempt the treacherous task of maneuvering fact that under the welfare legislation of 1996 debts outside of the bankruptcy process are through the complexities of bankruptcy (the Personal Responsibility and Work Op- vastly superior to those available to finan- process themselves. Attorneys working in portunity Reconciliation Act) support ar- cial institutions and, in the majority of the federal child support program—indeed, rearage assigned to the government and not cases, take priority over the collection of even experienced family law attorneys—may collected during the period aid is paid re- non-support debts. find bankruptcy courts and procedures so un- verts to the custodial parent when aid More than half of all child support is col- familiar that they are ineffective in ensuring ceases. This scenario will become increas- lected by earnings withholding. Under fed- that the debtor pays all support when due. ingly common in the very near future as the eral law such procedures have priority over Ideally, procedures for the enforcement of five year lifetime right to public assistance any other garnishments of the debtor’s sal- support during bankruptcy should be self- ends for individual custodial parents. In such ary or wages and can take as much as 65% of executing and uninterrupted by the bank- cases this parent will face the double wham- such salary or wages. By contrast the Con- ruptcy process. The pending bankruptcy re- my of being disqualified from receiving the sumer Credit Act prevents non-support credi- form legislation goes far in this direction. To caretaker share of public assistance and—be- tors from enforcing their debts by garnishing suggest that women and children support cause of the Senate amendments—not re- more that twenty-five percent of the debtor’s creditors are not vastly aided by this bill is ceiving arrears or intercepted tax refunds be- salary. to ignore the specifics of the legislation. cause they were assigned at the time the In addition, there are many other tech- In the first place support claims are given debtor filed for bankruptcy protection. niques that are only made available to sup- the highest priority. Commercial debts do In addition, prior to the Senate Judiciary port creditors and not to those ‘‘sophisti- not have any statutory priority. Thus when Committee amendments a debtor could not cated collection departments of . . . [those] there is competition between commercial obtain confirmation of a plan if he were not powerful interests:’’ These include: and support creditors, support creditors will current in making all postpetition support 1. Interception of state and federal tax re- be paid first. And, unlike commercial credi- payments. The advantage of this scheme was funds to pay child support arrears. tors, support creditors must be paid in full that it was self-executing. Under the Senate 2. Garnishment or interception of Workers’ when the debtor files a case under chapter 12 amendments a debtor may obtain confirma- Compensation or Unemployment Insurance or 13. Unlike payments to commercial credi- tion even when he is not paying his on-going Benefits. tors, the trustee cannot recover as pref- support obligation. He is only required to

VerDate 31-OCT-2000 04:07 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.071 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11439 provide for such payments in his plan. In The precise terms of that standard have hard on abuses by the wealthy. We help such cases it will then be the burden of the been under constant revision since the bank- child support claimants in a very support creditor to bring a bankruptcy pro- ruptcy reform bills were introduced last major way. This bill is good for the ceeding to dismiss the case if the debtor year, and undoubtedly they will continue to American consumer. stops paying. While this procedure is a wel- be fine-tuned to ensure that they strike a come addition to the arsenal of remedies balance between preventing abuse and be- I yield the floor. available to support creditors, it should not coming unduly expensive and burdensome. The PRESIDING OFFICER. Under have supplanted the self-executing remedy But mere opposition to any change in the the previous agreement, the Chair rec- which required the debtor to certify he was present law, and vague claims that any and ognizes the Senator from Alabama. current in postpetition support payments be- all attempts to address such existing abuses Mr. SESSIONS. Mr. President, I fore the court could confirm the plan. as serial filings are oppressive and will harm thank Senator GRASSLEY for his tre- While the Senate version of bankruptcy re- women and children, does nothing to ad- mendous leadership on this bill. As he form should certainly be amended to restore vance the dialogue. And worse, the critics the advantages of the earlier draft, it does, has said so plainly and effectively, that appear content to sacrifice the palpable ad- anyone who is concerned about con- even in its present form, provide crucial im- vantages which this legislation would pro- provements in the protections and advan- vide to support creditors during the bank- sumer problems, debtors, fraud and tages afforded spousal and child support ruptcy process for defeat of this legislation abuse, and who does not believe this creditors over other creditors during the based on vague and unarticulated fears that bill is an improvement over current bankruptcy process. These improvements women will be unfairly disadvantaged as law, has not read the bill. will ease the plight of all support creditors— bankruptcy debtors. In more ways than one I am going to talk about some of men, women, and children—whose well-being the critics would favor throwing out the those things. This bill makes progress and prosperity may be wholly or partially baby with the bath water. No one who has a in virtually every area over current dependent on the full and timely payment of genuine interest in the collection of support support. Congress has created the federal law. Senator GRASSLEY has patiently, should permit such inexplicit and specula- for over 3 years, gone through hearings child support program within title IV–D of tive fears to supplant the specific and consid- the Social Security Act. It is the opinion of erable advantages which this reform legisla- in the Judiciary Committee, on which I those whose job it is to carry out this pro- tion provides to those in need of support. have been honored to serve, in his sub- gram that the Bankruptcy Reform Act pro- Yours very truly, committee, on the floor of this Senate, vides the long overdue assistance needed for PHILIP L. STRAUSS, in conferences, committees, and meet- success in collecting money during bank- Assistant District Attorney. ruptcy for child and spousal support credi- ings trying to eliminate every possible tors. Mr. GRASSLEY. Mr. President, lis- objection anyone could have to this Most of the concerns raised by the groups ten to the people who actually know bill. opposing the bill do not, in fact, center on how it is in the trenches collecting When we get to this point after hav- the language of the domestic support provi- child support. Don’t listen to inside- ing tremendous votes—over 90 votes, sions themselves. Instead they are based on Washington special interests. Don’t lis- one time 97–1 we passed this legisla- vague generalized statements that the bill ten to academics who have no real tion—and we still have not made it law hurts debtors, or the women and children liv- because a few dedicated people are ing with debtors, or the ex-wives and chil- world knowledge on this subject. dren who depend on the debtor for support. It I would add a word about cracking threatening to hold it up and the Presi- is difficult to respond point by point to such down on the very wealthy individuals dent has indicated he may veto this claims when they provide no specifics, but who abuse the bankruptcy system. If bill that makes real progress in pro- they appear to fall into two categories. you listened to the Senator from Min- tecting consumers and fair and just The first suggests that the reform legisla- nesota last night, you might have had legal dispute resolution. tion will result in leaving debtors with the impression that the Homestead ex- Bankruptcy law is operative in Fed- greater debt after bankruptcy which will emption is a giant loophole that this eral court. It is presided over by a Fed- ‘‘compete’’ with the claims of former spouses and children. As discussed above there is lit- bill does not deal with. We have had eral bankruptcy judge, not an Article tle likelihood that such competition would the General Accounting Office look at III judge that presides over Federal dis- adversely affect the collection of support the question of how frequently the trict court, but a Federal judge never- debts. In any event the bill does little to Homestead exemption is abused by theless. All the laws used in this court, change the number or types of nondischarge- wealthy people in bankruptcy. The unless the Federal law says otherwise, able debt held by commercial lenders. it will General Accounting Office found that are federal. slightly expand the presumption of less than 1 percent of bankruptcy fil- There was a Bankruptcy Reform Act nondischargeability for luxury goods charged ings in States where there are unlim- passed by Congress in 1978. We have during the immediate pre-bankruptcy period had no significant reforms since then. and will make debt incurred to pay a non- ited Homestead exemptions involving dischargeable debt also nondischargeable. It homesteads of over $100,000. That During the time since 1980, just 2 short is doubtful that either provision will, in re- means 99 percent of bankruptcy filings years after the passage of that act, ality, have much effect on the vast majority were not abusive. So this is not a loop- there were 330,000 bankruptcy filings. of ‘‘poor but honest’’ debtors who do not use hole. We might say it is a little tiny In 1998, there were 1.4 million bank- bankruptcy as a financial planning mecha- pinhole. ruptcy filings—a 423-percent increase nism or run up debts immediately before fil- But there is a real problem with very during a time of unprecedented eco- ing for bankruptcy in anticipation of dis- wealthy people filing for bankruptcy nomic growth and prosperity. charging those obligations. The second contention is presumably di- under chapter 11, which is the chapter What is happening? Certainly it is rected at a number of provisions in the bill of the bankruptcy code normally left time for us, as good stewards of Amer- that are designed to eliminate perceived for corporations. Because chapter 11 is ican legal policy, to take a minute to abuses by debtors in the current system. The not designed for individuals, there are find out what is happening in bank- primary brunt of this attack is borne by the numerous loopholes that allow the ruptcy court, to see what the abuses so-called ‘‘means testing’’ or ‘‘needs based wealthy to live high on the hog while are and what loopholes clever lawyers bankruptcy’’ provisions which would amend paying nothing to their creditors. This are now using—to see if we can’t im- the current language of Section 707(b). Most bill before the Senate fixes this very prove it and make it fairer and better of the opposition appears to stem from the notion that means testing would be a wholly major problem so these wealthy people for all concerned. We absolutely can do novel proposition. Such a conclusion is will know they are no longer going to that. That is why this legislation, es- plainly incorrect. Virtually every court that get off scot-free. sentially as it is today, has repeatedly has ever considered the issue holds that Sec- This bill combats abuse wherever we passed the House and the Senate with tion 707(b) already includes a means test or, find it. The Homestead exemption is overwhelming majorities. It passed the more accurately, a hundred or a thousand capped at $500,000 for homes purchased Judiciary Committee 15–3 and 16–2. means tests, one for each judge who con- within 2 years prior to the declaration That is why it ought to pass today. siders the issue. The current Code language of bankruptcy. The chapter 11 loophole It is absolutely stunning to me that sets no standards or guidelines for applying we are at a point where this bill may this test, thus leaving the outcome of a mo- is closed. This is what real reform is all tion subject to the unstructured discretion about. not pass because of the misinformation of each bankruptcy judge. The proposed In sum, in this conference report we and politics that is happening here. bankruptcy reform legislation attempts to preserve the proconsumer amendment There are now 3,474 bankruptcy filings prescribe one test that all courts must apply. adopted in the Senate. We crack down per day. This chart shows the increase

VerDate 31-OCT-2000 04:07 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A31OC6.074 pfrm01 PsN: S31PT1 S11440 CONGRESSIONAL RECORD — SENATE October 31, 2000 in filings subsequent to the Bank- ridden by changes I would like to see, The Federal bankruptcy law says, ruptcy Reform Act of 1978. It shows a and they fought tenaciously to hold on with regard to how much money you tremendous increase. We are not mak- to their own laws. We had to make can protect as your homestead will be ing up these numbers. There are a lot some compromises to move this bill determined by State law. of reasons for it. forward, though, and I think we have In Alabama, the State says you can- Actually, what has happened is that made substantial progress. If anybody not keep more than $5,000 in your a cottage industry has sprung up. Turn is concerned about the homestead law, homestead. If you have more than on your TV, turn on your cable chan- why in the world would they vote to $5,000 equity in your house, you need to nels, look in your newspapers. You will keep an old bill and not pass this new go refinance it and use that money to see the ads: ‘‘Lawyers: Wipe out your bill which improves the homestead pro- pay the people the debts that you owe debts. Got problems paying your debts? visions. Senator BIDEN, a member of them. Why should you keep it and not Call old Joe the attorney, he will take the Judiciary Committee who was inti- pay your debt if you have this money? care of you. He will save you rent. You mately involved in this bankruptcy In Texas, they say you can have an can get out of paying rent.’’ All of a law, was the ranking member of this unlimited homestead exemption; also sudden people are doing that. conference committee. He voted to in Florida, Kansas, and several other In fact, here is an ad in one paper— bring the bill out to this floor in the States there is an unlimited homestead and I am going to talk about it a little form we are in today. exemption. They did not want to give later—‘‘7 months free rent,’’ just call Senator KENNEDY raised an odd ob- that up. I think it is an abuse. your old buddy the bankruptcy lawyer. jection. He claims he is worried about We have an example of people leaving ‘‘We guarantee you can stay in your poor people, but he wanted to put in New York to go to Florida and buying apartment or house 2 to 7 months language that would allow pensioners a multimillion-dollar mansion on the more’’—that means more than you who had millions of dollars in their beach, pumping all their assets into it, would get under eviction rules of the pension accounts—no matter how holding off creditors for a few months, State which protect tenants from being much they had in there—to keep that and then filing bankruptcy, wiping out evicted unfairly—‘‘more without pay- money and to not have to pay the guy what they owe to everybody; and they ing a penny. Find out how. We can stop who put the roof on their house when are free to sell their million-dollar mansion and use the million dollars to the sheriff or the marshal.’’ Call old they filed for bankruptcy. They could live high and carefree for the rest of John your bankruptcy lawyer. This bill file for bankruptcy and keep every- ends a host of abuses. It will greatly their days. That is not right. thing in their pension account, even if So we dealt with that. It was not benefit women and children in their it was millions of dollars. easy. We had a lot of people here who child support and alimony, and those Senator GRASSLEY and I thought that did not want to change that privilege facts cannot be denied. was an unfair advantage to the rich. of a State to set that homestead ex- Let me talk about some of the com- We wanted to cap the amount of money emption. plaints we have heard first. They say that could be kept in a pension ac- In Alabama, you can, for example, this is a procedural unfairness; that count. If you had a reasonable amount, move from Mobile to Pensacola, FL—50 this is a bizarre way we have done this, $1 million, $750,000, whatever the miles away—put all your money in a unprecedented, and unfair. We have amount would be, we tried to contain multimillion-dollar house on the beach had this bill up and about for 3 years. it at a reasonable amount. Why should and defeat your creditors. That is not It has been debated in so many dif- a person keep $2 million in a pension right, either. So we tried to do better. ferent ways. It is now part of the em- account and not pay his doctor, not We came up with language that would bassy security bill which is not at all pay the local hospital, not pay the man stop that. Senator KOHL and I debated unusual for one piece of legislation to who fixed his roof, not pay the guy who it right here. be made a part of another piece of leg- repaired his car or his brother-in-law This legislation provides for a 7-year islation as it passes through the Sen- who loaned him money? Why should look-back. If you can prove that a perate. that happen? That is not fair, but that son moved to a State to gain pref- The Senate rules allow for that to is what Senator KENNEDY wanted. He erential homestead treatment, and he happen and for it to come forward as a pushed for it and, as a compromise—in moved assets into a house in order to conference bill if the House has voted fact, it does not happen that often—we file bankruptcy and defeat creditors, on it. The House has voted on it and agreed to concede to that. To say that and if that happened within 7 years, voted in favor of this bill. The House we were not making changes at the you could set that aside. That is a big acted on October 12. It is perfectly last minute is really strange. step forward—a big step to attack the proper for it to be in the form it is. Senator SCHUMER is going to vote most blatant fraud that occurs in this There have been statements made against the bill if it does not have his area. This provision is in the legisla- that we have not had a chance to abortion clinic language in it; when, in tion. amend or that we have not had full dis- fact, it does not have abortion clinic By passing this legislation, we can cussion. There has been constant dis- language in it now. And he is not going stop this abuse right now. If we do not cussion. There has been agreement to get it in there because it is an unfair pass the legislation, we will be allow- time and again to amend it. Senator targeting of one group of wrongdoers. ing this abuse to continue. KOHL, a member of the Democratic He will not agree to have broad-based Let me talk about another very real Party who worked hard on this bill, language, as I would support, and oth- problem, a loophole, a source of abuse and I battled to improve the homestead ers will. So everybody is losing. The that is causing problems and is very law. We did not get all we wanted, but perfect becomes the enemy of the good. common. we made substantial progress. The Let me mention this. In the 105th People are using Federal bankruptcy homestead law in this legislation is Congress, 2 years ago, the House passed laws to hold over on expired leases. significantly more fair than the unlim- this bill 306–118. It passed the Senate That is a lease whose term is 1 year, ited homestead in current law, and if September 23, 1998, 97–1. In the 106th and they are already beyond that 1 we do not pass the bill, current law will Congress, in May, the House voted 313– year. They have not paid their rent. It remain in effect, and the homestead 108 to pass this bill—an even higher has been terminated, without the debt- abuses will continue unchecked; where- vote. In the Senate, we voted in Feb- or paying rent, just like this ad refers as, this bill eliminates the most serious ruary of this year, 83–14, to pass this to. homestead law abuses. bill. The sheriff of Los Angeles County That cannot be denied. I do not un- It has broad bipartisan support. It is has really spoken out aggressively on derstand. We are almost in 1984 land. Is a tremendous step forward. Why in the this. He said: ‘‘3,886 people filed bank- it perfect? Is it the enemy of the good? world we are having the difficulties we ruptcy in Los Angeles County in 1996 Yes, I would have liked to have made are in having to overcome a filibuster alone in order to prevent the execution more progress. I debated it on this remains difficult for me to understand. of valid, court-issued eviction notices.’’ floor. I argued for reform. A number of I want to talk a little bit about the As this ad says: ‘‘We can stop the States have laws that would be over- homestead situation. sheriff and the marshal and get you

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.086 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11441 more time.’’ You do not have to pay burden on our already overworked and What do I mean by No. 1? Often peo- your rent. You do not have to pay under-compensated clerk’s office. Of course ple who file bankruptcy do have cer- maybe the lady who has two duplexes this mountain of paperwork flows from our tain assets. Those assets are brought clerk’s office to the chambers of our judges and it is her retirement income. You do when landlords file their relief from Stay into the bankruptcy estate and added not have to pay that. You can rip her motions. Because of the increased workload up. Let’s say there is $5,000 of assets off for 7 months. Just listen to us. caused by these blatantly abusive unlawful and $50,000 worth of debts. The bank- How does it happen? It does happen. detainer case filings, our court has had to es- ruptcy judge starts paying off. Under Judge Zurzolo, in In re Smith, a Fed- tablish special procedures dismissing these the old law, the current law today, if eral bankruptcy judge in Los Angeles, cases as quickly as possible so that the the bankruptcy attorney’s fee is $5,000, wrote this: court’s dockets and the clerk’s files will not he gets it all. He has to go down six dif- become more choked with paperwork than . . . the bankruptcy courts in the Central ferent steps, paying off six different they already are. District of California are flooded with Chap- groups of creditors, before he gets to I am not saying this. This is a Fed- ter 7 and Chapter 13 cases filed solely for the child support and alimony. We say, if eral judge saying this, who deals with purpose of delaying unlawful detainer evic- there is $5,000 in the estate and there is tions. Inevitably and swiftly following the these cases every day. I am quoting: filing of these bankruptcy cases is the filing child support money owed, the child These relief from stay motions are rarely support money gets paid first out of of motions for relief of the Stay by landlords contested and never lost as long as the mov- who are temporarily thwarted in this abuse ing party provides adequate notice of the that, and alimony. of the bankruptcy court system. motion and competent evidence to establish How anyone can say that that is un- In other words, what happens? They a prima facie case. fair to women and children is beyond file bankruptcy. The landlord is seek- Well, how did this arise? How could me. It is beyond comprehension. Those ing to evict them. They file a motion such happen? Bankruptcy provides for who say that are not right. This is his- in the bankruptcy court to stay the an automatic stay. If someone is suing toric change to the benefit of women landlord from proceeding with his evic- you and you file bankruptcy, you don’t and children. Nobody can dispute what tion until the bankruptcy case is com- have to go to court and defend all those I have just said about that. It is plain pleted. Then the landlord has to go and cases where you have not been able to fact. Let me say some other things it hire a lawyer to file a motion to say pay your debts on time and a bunch of does. that this isn’t a valid use of the stay. people sue you. If you go into bank- This legislation requires that a par- A stay only protects you in an asset. If ruptcy, everything stops. You have ent who is filing bankruptcy—let’s say your lease has expired, it is not an only to answer to the bankruptcy judge a father, deadbeat dad, files for bank- asset. If it is not an asset, the court who sorts out all these legal problems ruptcy—must fulfill past due and cur- cannot protect it. It is the landlord’s; and tells you whom to pay and how rent child support before he can get it is not the tenant’s, if the lease has much to pay. An expired lease does not discharged from bankruptcy. The court expired. constitute an asset of a bankruptcy es- is going to monitor him to make sure So what happens? Mr. President, 3,886 tate, as the courts have plainly held. he is paying his child support. If he is of those were filed, according to the That is what this language says, and it not paying his child support, the court sheriff, simply for that purpose—to get will stop this abuse from continuing will not give the final discharge that this unfair extension of time without unchecked and spreading around the wipes out his debts. He has to take care paying rent. rest of the country as more and more of his children first. How we have a law in this country of these bankruptcy mills are created. It also will ensure that custodial par- that promotes and allows this kind of It is expensive for the landlord to do ents, the parents who have the custody abuse is beyond me. this. He has to hire an attorney. Weeks of the children, get effective and time- The truth is when the landlord files go by. Maybe the lease was up. Maybe ly assistance from child support agen- these motions, he always wins because the mother wanted to turn the apart- cies. It requires the bankruptcy trustee the lease has expired or it has been le- ment over to her daughter to live in or administrator—that is, this new law gally terminated, and as such the ten- and the lease was up in January. She we are proposing and asking to be ant does not have any property. He starts trying to get the person out, and passed—to notify both the parent and does not have an interest to be pro- come March or April or May or June, the State child support collection tected. It is the landlord’s property, the person is still there. She has had to agency when the debtor owing child not the tenant’s. It costs the landlord a file for eviction. Then they get a law- support or alimony files for bank- lot of money; and a lot of months and yer who stays it for all this kind of ruptcy. In other words, a mother may weeks go by while he waits to be re- time and really costs individuals a lot not know that her ex-husband or the turned to rightful possession. The cur- of money. There are 7, 8, 9 months father of her child who lives in a dis- rent law is abusive to these law-abiding without rent being paid and all the tant State is even filing bankruptcy. landlords. We can help them—we can while the attorney’s fees are adding up. What this says is, the mother has to be improve on current law—and we This scenario is a real problem that told; not only that, the State collec- should. This bill provides that help. this legislation fixes. tion agency which is helping mothers It also allows, of course, all the State What about women and children? collect the money has to be told so protections for eviction that every There have been suggestions that that they can intervene and make sure State provides. somehow women and children are dis- the child is protected. California provides a lot before you advantaged under this legislation. It will provide timely and valuable can be evicted from an apartment or Nothing could be further from the information to parents to help collect house. As the judge says: Contrary to truth. child support. the false representations made by these Priority payment: Under current Jonathon Burris of the California ‘‘bankruptcy mills’’—he is talking Federal law, child support and alimony Family Support Council, a group that about this cottage industry of lawyers payments are seventh in the list of pri- tries to protect mothers and children, and advertisers who run this stuff—de- ority debts that must be paid off in a wrote in an open letter to Congress spite their representations, the debtor/ bankruptcy proceeding. Incidentally, that the provisions in this bill are ‘‘a tenants usually only obtain a brief res- what do you think is No. 1? Attorney’s veritable wish list of provisions which pite from the consummation of the un- fees. In this bankruptcy business and substantially enhance our efforts to en- lawful detainer convictions, after hav- industry, who has been roundly critical force support debts when a debtor has ing paid hundreds of dollars to the law- of this legislation and who has lobbied other creditors’’—and they always have yers. That is what the judge said. their buddies around this Senate tell- other creditors—‘‘who are also seeking There are 50,000 bankruptcies a year ing them this is such a bad piece of leg- participation in the distribution of the filed in the Central District of Cali- islation? Who is going to have to assets of a debtor’s bankruptcy es- fornia. The judge says: change their ways? The lawyers. They tate.’’ The mountain of paperwork that accom- don’t get No. 1 priority over child sup- Phillip Strauss of the District Attor- panies the thousands of abusive ‘‘unlawful port any longer, under this bill, and ney Family Support Bureau wrote the detainer’’ case filings places an unnecessary that makes them nervous. Judiciary Committee. I was Attorney

VerDate 31-OCT-2000 04:04 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.091 pfrm01 PsN: S31PT1 S11442 CONGRESSIONAL RECORD — SENATE October 31, 2000 General of Alabama. I was involved in And they don’t know the names hardly here to reform banking laws and credit this. States have district attorneys as- of the people with whom they are deal- card laws that are within the jurisdic- sociations. They can intervene on being. They have no concern or empathy tion of the Banking Committee. That half of women and children to make to really deal with the problems in committee considers that. It is really sure child support is being paid and that family. And we also know, from not a bankruptcy court problem, fun- that the money is being collected. That statistics, that the largest cause of damentally. is what he does full time. marital breakup in America is finan- But what have we done in order to He recently wrote the Judiciary cial problems. We need to do better get support for this bill and answer Committee. This is a man whose busi- about that. questions? We made a number of con- ness full-time is collecting money for So I offered an amendment that has sumer-friendly amendments in this bill children. He wrote our committee to been accepted, and everybody seems to to satisfy those who have complained. express his unqualified support for this be pleased with it—except some of the Of course, as soon as you give them bill. lawyers—and that is to say that every something, they are not happy, and Mr. Strauss notes that he has been in person, before filing bankruptcy ought they say you are defending the evil the business of collecting child support to talk with a credit counseling agency credit card companies; that is all you for 27 years. He knows what he is talk- to see if what they offer might be bet- are doing, they say. ing about. He also notes that the Na- ter than going through bankruptcy—no I am trying to create a rational way tional Child Support Enforcement As- obligation, just talk to them. for people who can’t pay their debts to sociation, a national group of which he I think a lot of people are going to go to court and wipe out their debts, is a part, and the National District At- find that they have other choices than but not rip off people whom they can torneys Association and the Western just going to bankruptcy court. Some pay because they have the money to Interstate Child Support Enforcement people need bankruptcy. We are not pay. So we have a minimal credit warn- Council agree with him and support trying to stop bankruptcy. Some peo- ing, a toll-free number so debtors can this legislation. ple need it to start over again—but not find out information about their There has been this big talk about everybody. A lot of people can work records. That will be required of credit how this harms families. Let me de- their way through it with the help of a card companies. scribe an amendment I added that I good credit counseling agency. I think There are a lot of good things here think would be of tremendous benefit. this is a tremendous step forward. I am that are not in current law. So to not Mr. President, how much time do I very excited about it, and I believe it pass this bill will eliminate the steps have remaining? will offer a lot of help to people strug- we have made to put more limits and The PRESIDING OFFICER. One gling with their budgets today. controls on credit card companies. minute. Now we have had a most curious de- Without a doubt, that is true. They Mr. SESSIONS. Mr. President, I ask velopment. We have had Senators for might like to have a whole rewrite of unanimous consent for an additional 7 the last 2 years come down on this credit card law in the bankruptcy bill, minutes. floor and go forward with the most vig- but that would be inappropriate. I The PRESIDING OFFICER. Without orous attacks on credit card compa- think we have made steps in the right objection, it is so ordered. nies. Do you know what it is they say direction and we should continue in Mr. SESSIONS. One of the things I they do wrong? They say they write that direction. have learned is that within every com- people letters and offer them credit As Senator GRASSLEY noted, there munity in America there are agencies cards. They say this is some sort of an are terrific benefits for farmers under called credit counseling agencies. They abuse, some sort of preying on the chapter 12. Chapter 12 provisions give sit down with families who have debt poor, to offer people credit cards. additional benefits to farmers who file problems. They sit around a table. I am telling you, we have laws that bankruptcy, and it expires this year. They even get the children in. They this Congress has passed—banking laws By not passing this bill, we are going talk about what the income is, how and other rules—that say you can’t to throw away the added protections much the debts are, how much current deny credit to poor people unless you that farmers have. How is that helping living expenses are. They help them es- have a serious, objective reason to do poor people and consumers? How does tablish a budget. so. Why in the world would we want to it help those who are having trouble Some of them will even receive the pass a law that would keep with credit cards to vote down a bill money and pay the current debts regu- MasterCard, Visa, or American Express that provides more demands on credit larly. They call up the banks and cred- from writing somebody and saying: If cards? it card companies and other people and you take my credit card, your interest These are just a few ways, Mr. Presi- ask for modifications of the payment rate will be such and such, and you can dent, that this legislation improves schedule, a reduction in interest rates, have 6 months at 3 percent interest—or current bankruptcy law. If time per- and that sort of thing. They are very whatever they offer—and if you want mitted, there are many more improve- successful. They help families get men- to change from the one you have, we ments that I would like to share with tal health counseling if that is needed. have a better deal? the members of this body. They help families get treatment for What is wrong with that? We often In conclusion, I would just like to gambling problems or drinking prob- have competition. Interest rates, in my say that this bill includes many protec- lems or drug problems. They help fami- opinion, for credit cards are too high. I tions for women and children. It pro- lies—not like these mills, these bank- am too frugal to have much money run vides a long-overdue homestead fix, ruptcy mills, where people respond to up on my credit card if I can avoid it. credit counseling, help for the family an ad, a lawyer says they need so much I don’t like paying 18 or 20 percent in- farmer and many other worthy provi- money, and they say: I don’t have this terest. What is wrong with offering sions. A vote for this bill is a vote for much money. The lawyer says to people an opportunity to choose a dif- much-needed change in the bankruptcy them—I am not exaggerating here—Use ferent credit card? If these companies law in this country. As such, I strongly your credit card. Put all your bills on were refusing poor people and would urge my colleagues to vote in favor of the credit card. Bring me your pay- not send them notices of the opportuni- this bill. check and pay me my fee. Don’t pay ties to sign up, I suppose we would be f anything else. Then we will file bank- beating them up and saying they are ruptcy, and we will wipe out all those unfair to poor people or they are red- RECESS UNTIL 9:30 A.M. debts. So they get that. lining them and cutting them off. I TOMORROW They have a little clerk or a sec- wanted to say that. To me, that is sort The PRESIDING OFFICER. Under retary or a paralegal who fills out the of bizarre. the previous order, the Senate stands bankruptcy form. He doesn’t see him Second, this is a bankruptcy court in recess until 9:30 a.m. again until they come to court. He reform bill. We are here to deal with There being no objection, the Senate, shows up. They present their petition, the process of what happens when a at 6:37 p.m., recessed until Wednesday, and eventually the debts are wiped out. person files for bankruptcy. We are not November 1, 2000, at 9:30 a.m.

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G31OC6.093 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — SENATE S11443 NOMINATIONS INTER-AMERICAN FOUNDATION NATIONAL COMMISSION ON LIBRARIES AND GEORGE MUNOZ, OF ILLINOIS, TO BE A MEMBER OF THE INFORMATION SCIENCE Executive nominations received by BOARD OF DIRECTORS OF THE INTER-AMERICAN FOUN- C. E. ABRAMSON, OF MONTANA, TO BE A MEMBER OF the Senate October 31, 2000: DATION FOR A TERM EXPIRING SEPTEMBER 20, 2004, VICE THE NATIONAL COMMISSION ON LIBRARIES AND INFOR- MARK L. SCHNEIDER, TERM EXPIRED. MATION SCIENCE FOR A TERM EXPIRING JULY 19, 2005. (REAPPOINTMENT)

VerDate 31-OCT-2000 03:12 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 9801 E:\CR\FM\A31OC6.034 pfrm01 PsN: S31PT1 October 31, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2033 EXTENSIONS OF REMARKS

HONORING LINDA ROMER TODD Queenie Pegrarn was born on October 23, However, as the letter below and its accom- 1900 in Stony Creek, Virginia. She is the panying exhibits demonstrate, drug companies HON. SCOTT McINNIS fourth child of seven siblings. Ms. Pegrarn do indeed rely upon AWPs to advertise their OF COLORADO came from a very religious family and was drugs. And, in fact, drug companies often ad- IN THE HOUSE OF REPRESENTATIVES baptized at the age of ten. vertise truthful drug prices when there is no Tuesday, October 31, 2000 She married her husband James in 1931 Medicare reimbursement available. The evi- and moved to Brooklyn, New York where they dence uncovered suggests that contrary to Mr. MCINNIS. Mr. Speaker, I would like to immediately joined the church. Although they drug company statements, it is not a flawed take this moment to congratulate Linda Romer never had children of their own, Queenie and reimbursement system that leads drug compa- Todd of Grand Junction, Colorado, on her re- James raised their nephew Arthur and their nies to inflate their prices. Instead, it is drug cent award. Linda has been named Realtor of cousin Brenda from infants. companies' dishonest pricing based on their the Year by the Mesa County Association of Ms. Pegram has been a member of the Mis- desire to create a profit for prescribing physi- Realtors. This award is well deserved and I sionary Society in her church for 69 years. For cians seeking Medicare or Medicaid reim- would like to honor Linda's service to the com- 30 of those years she served as the president. bursements. munity of Grand Junction by paying her trib- During those 69 years she served her commu- My reading of the Federal Food, Drug and ute. Cosmetic Act and its corresponding regula- Linda is currently a Broker/Owner for Asso- nity well, visiting and caring for the sick and shut-ins. Often she would reach home late, tions suggests that the FDA should pay par- ciated Brokers & Consultants, Inc., as well as ticular attention to these misleading drug com- a member of the Mesa County Association of after a full day's work at her housekeeping job. She would read and pray for the sick way pany actions. And I again request that the Realtors. While a member for over two dec- FDA conduct a comprehensive investigation past her dinner hour. ades, she has used her natural ability to lead into such drug company business practices. Ms. Pegram lives independent of her family by donating her time as the Chair of the Gov- My third letter to the FDA regarding this issue with the help of a home health aid. She is still ernmental Affairs Committee and as the Direc- follows: tor of the Association. Her work within the re- an active member of the community and attends church every Sunday, and sometimes CONGRESS OF THE UNITED STATES, alty profession only begins at the local level HOUSE OF REPRESENTATIVES, and it is her membership at the state level that stays for a double service. Washington, DC, October 31, 2000 is most impressive. She is always willing to take the time to lis- Dr. Jane E. Henney, As a member of the Colorado Association of ten and share her wisdom, especially with the Commissioner, Food and Drug Administration, Realtors she has again shown her desire to younger generation. Some of her quotes: ``The Rockville, Maryland. help others by serving in a number of different Lord has blessed me all my life, I didn't know DEAR DR. HENNEY: I write to provide essen- capacities. She currently serves on a number them, but I do now;'' ``Treat others the way tial, additional information to you about you want them to treat you and ``Love every- price manipulation by some drug companies of committees including the Legislative, Mobili- arising from ongoing Congressional inves- zation, and Grassroots Committees where she one.'' tigations. Such drug company price inflation serves as Co-Chair. She also is currently serv- Mr. Speaker, Queenie Pegram is a woman exploits the Medicare and Medicaid pro- ing as Director of the Association and recently of God and a true servant of the people. As grams. This is the second supplement to my received the Political Service Award for the such, she is more than worthy of receiving our letter to you of October 3, 2000. year 2000. Linda's work within her profession recognition today, and I hope that all of my Recent media reports of statements by cer- is quite impressive but it is her work to benefit colleagues will join me in honoring this truly tain drug company executives reveal a con- certed effort to continue to mislead the Con- her community that truly demonstrates her remarkable woman. gress and the public about the nature of compassion to help others. f their companies’actions. Specifically, the As a member of the Grand Junction Cham- drug companies have represented that their ber of Commerce, specifically with the Gov- STARK PROVIDES FURTHER EVI- conduct, including-their inflated price re- ernment Affairs Committee and their Leader- DENCE OF NEED FOR FDA IN- ports that have resulted in admittedly exces- ship Program, Linda has realized the true im- VESTIGATION INTO DRUG COM- sive Medicare reimbursements, has somehow portance of helping one's community. She is PANY PRICE MANIPULATION been consistentwith, and perhaps even re- currently an active and dedicated volunteer for quired by, flaws in the reimbursement sys- Habitat for Humanity. As a member of this dis- tem’s reliance upon Average Wholesale Price HON. FORTNEY PETE STARK (AWP). This logic is premised on the erro- tinguished organization she is currently serv- OF CALIFORNIA neous contention that the AWPs associated ing as President of the Mesa County division IN THE HOUSE OF REPRESENTATIVES with their drugs are meaningless numbers and Director of Habitat for Humanity of Colo- that should not reasonably be relied upon as rado. Tuesday, October 31, 2000 an indicator of wholesale prices. Such state- Linda's contributions to Mesa County and Mr. STARK. Mr. Speaker, I am today sub- ments are in themselves deceptive. The evidence developed during the course the State of Colorado are significant. It makes mitting for the RECORD a letter I sent to Dr. me proud to know that such outstanding indi- of the Congressional investigation reveals Jane E. Henney, Food and Drug Administra- that it is routine for the drug industry to ad- viduals reside within the 3rd Congressional tion Commissioner. This letter provides addi- vertise a drug product’s price in the AWP District. On behalf of the State of Colorado tional information recently discovered during format and to encourage the consideration of and the U.S. Congress I would like to con- ongoing Congressional investigations into drug AWP as one factor when evaluating com- gratulate her on her recent award and wish company price manipulation and supplements peting drug products. Indeed, the drug com- her the very best as she continues to work to my previous two letters to Dr. Henney. panies often compare their drug’s AWP with better her community. Recent congressional investigations have that of a competitor in an effort to dem- f onstrate their drug’s superiority from a cost collected evidence that certain drug compa- perspective and to influence physician pre- HONORING QUEENIE PEGRAM nies consistently inflate prices and engage in scribing decisions. Such advertisements are other improper business practices in order to directed at prescribing physicians, phar- create windfall profits from Medicare and Med- macists, and other health care professionals HON. EDOLPHUS TOWNS icaid reimbursements. In response, drug com- and take many forms, such as direct con- OF NEW YORK panies have stated that such drug inflation has tacts, flyers, and trade publications such as IN THE HOUSE OF REPRESENTATIVES been consistent with, and perhaps even re- the Red Book, Drug Topics and Medical Eco- Tuesday, October 31, 2000 nomics which are each published or updated quired by, flaws in the reimbursement sys- monthly. Mr. TOWNS. Mr. Speaker, I rise today to tem's reliance on Average Wholesale Price When there is no inflated Medicare reim- honor Queenie Pegram, who her friends de- (AWP). Further, drug companies contend that bursement available for the prescribing phy- scribe as ``very pleasant and good company.'' AWPs are meaningless numbers. sician, companies often advertise truthful

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

VerDate 112000 06:23 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A31OC8.000 pfrm04 PsN: E31PT1 E2034 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 2000 AWP prices. To illustrate this, I have at- One form of false advertising misleads third large fan base and where their voices can be tached, as Composite Exhibit ‘‘1‘‘, copies of parties to pay more for a drug and induces heard every Saturday morning on Radio advertisements by Rhone-Poulenc Rorer doctors, who submit the claim themselves, Mambi. They also star on ``El Show de Olga (‘‘RPW’) which accurately communicates its to prescribe the most profitable drug. The price of Dilacor XR in the form of AWP and other form misleads the doctor into believ- y Tony,'' which airs twice a week on Tele- compares the higher AWP price of the coming that a drug, to be dispensed at a phar- Miami. In 1999, they were awarded a Star on peting drug Cardizern. RPR then emphasizes macy and not claimed by the doctor, is the ``Calle Ocho'' Walk of Fame. that the physician should prescribe Dilacor cheaper for the patient when it is not. I be- As entertainers, Olga and Tony have always over Cardizem in order to save the patient lieve both actions should be considered vio- promoted family values. They have been mar- money: lations of the Federal Food, Drug, and Cos- ried for 55 years, and their parents and chil- ‘‘Now DILACOR XR provides potential cost metic Act. dren often participated in bringing family- savings when angina patients are prescribed AWP information is created by drug manu- based entertainment to the television audi- diltiazem.’’ facturers for the express purpose of influence. Attached as Composite Exhibit ‘‘2’’ are ex- encing decisions about their drugs. Although amples of Bayer Pharmaceutical advertise- it appears most AWP representations are ac- Today, I ask that my colleagues join me in ments for its drug Cipro where the drug com- curate and are affirmatively used to inform honoring Olga Chorens and Tony Alvarez for pany again accurately describes its price in about cost savings, some drug manufacturers entertaining so many for so long, and for the form of AWP and touts the cost savings have chosen to inflate AWPs to exploit the being inspirational role models to Hispanics to the patient in comparison to five com- Medicare and Medicaid Programs and there- throughout Latin America. peting drugs. Bayer explained it as follows: by expand sales. Medicare and Medicaid re- f ‘‘New CIPRO Cystitis Pack reduces the lies on AWPs because the drug industry em- cost of branded therapy’’ ploys AWP to communicate prices. Drug TRIBUTE TO STAN JENNINGS It is important to note that both RPR and manufacturers must not now be permitted to Bayer use accurate AWPs to urge physicians misconstrue the facts revealed in Congres- to consider the cost to the patient when ex- sional investigations by contending that the HON. CONSTANCE A. MORELLA ercising medical judgment in selecting from reimbursement system is flawed when they OF MARYLAND competing brand drug therapies. Price, as ex- themselves provided the misleading informa- IN THE HOUSE OF REPRESENTATIVES pressed in the industry standard format of tion. ‘‘AWP’’, is clearly an important char- Following up on my last two letters on this Tuesday, October 31, 2000 acteristic that is considered in evaluating same issue, I reiterate that my reading of Mrs. MORELLA. Mr. Speaker, I rise to sa- drug products. Indeed, Bayer’s AdalatCC ad- the Federal Food, Drug, and Cosmetic Act lute Stan Jennings, a multitalented writer, illus- vertisement attached as Exhibit ‘‘3 ‘‘, which and the corresponding regulations suggests features the popular ‘‘Dragnet’’ star Jack trator, cartoonist, and photographer from Silver that the FDA should pay particular atten- Spring, MD. His new book, The Capitol and Web, drives home this point: tion to these misleading drug company ac- ‘‘Just the Facts tions. Accordingly, I request that the FDA the Kids focuses on Congress, Washington, Powerful blood pressure control conduct a comprehensive investigation into and Montgomery County, MD, the district I Comparable to Procarida. XL or Norvasc drug company business practices that in- have had the honor to represent in the U.S. At a more affordable price’’ (footnotes cludes the additional exhibits referenced House of Representatives since 1987. omitted). above. Footnote 6 of the ad’s accompanying mate- The Capitol and the Kids is a refreshing, de- Sincerely, rials cites the Red Book—indicating that the lightful look at the history of Washington PETE STARK, AWP is considered a relevant benchmark through the eyes of Stan Jennings over the Member of Congress. when evaluating the drug’s price. past 75 years. Stan, a native Washingtonian Composite Exhibit ‘‘4’’ demonstrates that f was born at Forest Glen, grew up in the shad- physicians seek the lowest drug prices when ow of the Capitol dome on Jenkins Hill, or, as there is no financial incentive to utilize the IN HONOR OF OLGA CHORENS AND he calls it his ``kindergarten and entertainment highest price drugs. PDR Generics provides TONY ALVAREZ, ‘‘OLGA AND center.'' The Capitol and the Kids gives the pricing information on prescription drugs in TONY’’ ‘‘one comprehensive, authoritative volume.’’ reader an unusual and heartwarming glimpse The accompanying documents state the fol- of the city, its great figures, and its not so lowing: HON. ROBERT MENENDEZ greats. Through his pictures, sketches, and ‘‘PDR GENERICS is the drug reference de- OF NEW JERSEY sense of humor he has observed the high- signed to help you find the most cost-effec- IN THE HOUSE OF REPRESENTATIVES lights and lowlights of the past 75 years. tive generic alternatives for any prescription Tuesday, October 31, 2000 The Kids are the folks in Washington. They medication. . . .’’ include 435 Congressmen, 100 Senators, 9 Exhibit ‘‘4’’ also provides further evidence Mr. MENENDEZ. Mr. Speaker, I rise today Justices, a President, a Vice President, and that AWP prices are widely used as a ref- to honor Olga Chorens and Tony Alvarez erence tool: numerous newspaper men and women. Stan ‘‘All detailed NDC and AWP pricing infor- (``Olga and Tony''), two very special and tal- Jennings has the unique ability to offer a thor- mation is drawn from the authoritative RED ented entertainers, who have been in show oughly enjoyable trip through this century's BOOK database, Pharmacy’s Fundamental business for six decades. historic times from Franklin Roosevelt's New Reference.’’ Olga and Tony began their careers as sing- Dealing era to the current administration. Ordinarily, drug companies ensure that ers in Cuba during the early 1940's. When To quote Robert Frost, The Capitol and the their AWPs are an accurate reflection of they married in 1945, their celebrity status Kids ``begins in delight and ends in wisdom.'' price when engaging in such marketing and turned the wedding into a popular social advertising activities. Clearly, such adver- Stan Jennings has written an exciting, inform- tisements would be misleading if the drug event. ative, and humorous book on the history of company were aware that the published After the wedding, Olga and Tony went on Washington over the past three quarters of a AWPs had no factual basis and could not be a 5-year tour through Latin America, which century. I salute him. realistically considered as a benchmark for began in Panama and ended in Argentina. f prices. I strongly believe that if any of the Upon returning to Cuba, they were offered the above ads used falsely manipulated AWPs to opportunity to host a daily 1-hour television HONORING BISHOP-DESIGNATE fraudulently indicate that the advertised and radio program for CMQ and Radio AUBREY BAKER, JR. drugs were less expensive when in fact the Progreso, which they did with great success drug company was aware that it is more expensive, FDA or FTC enforcement would be from 1951 to 1959, while also recording many HON. EDOLPHUS TOWNS warranted. successful albums. Because of their popu- OF NEW YORK Unfortunately, such AWP manipulation is larity, Olga and Tony were named Miss and IN THE HOUSE OF REPRESENTATIVES at the heart of the misconduct that Congress Mr. Cuban Television. has uncovered in its investigation. As I have Olga and Tony fled communist rule in Cuba Tuesday, October 31, 2000 noted previously, the acts are being com- for New York City and Puerto Rico, where Mr. TOWNS. Mr. Speaker, I rise today to mitted by some drug companies who know they again performed on television. From 1965 honor Bishop-Designate Aubrey Baker, Jr., the that the drug will be reimbursed by Medicare and that a health care professional will prof- to 1972, they performed on Telemundo, Chan- son of the late Bishop and Mrs. Aubrey Baker, it if the price is inflated. Advertising an nel 7, Channel 11, and WNJU Channel 47 in Sr. AWP in the Red Book that falsely overstates New York. Aubrey was born on November 19, 1932 in a drug’s price is as misleading as advertising For the past 20 years, Olga and Tony have Brooklyn, NY. At that time, his parents were an AWP that falsely understates the price. lived in South Florida, where they maintain a members of Brooklyn No. I at First Church of

VerDate 112000 06:23 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.003 pfrm04 PsN: E31PT1 October 31, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2035 God in Christ, under the leadership of the late damages in Sussex and Morris Counties has where we can improve, I believe it is equally Bishop Frank Clemmons. The family remained been estimated at over $50 million, and area important to call attention to positive develop- there for 5 years until 1937, when they moved residents are still fighting to restore some de- ments. to a little mission in Brownsville, Brooklyn gree of normalcy to their lives. In that vein, today I would like to commend under the pastorate of the late Bishop Frank While the threat of future floods continues to the Channel One Network and the 900,000 Edward Cook. Aubrey was reared and nur- plague the region, one New Jersey institution young adults who participated in Channel tured in the church, and he received Jesus is taking concrete steps to prevent another ca- One's `ÒneVote'', the largest online vote ever. Christ as his personal savior at an early age. tastrophe. The New Jersey Institute of Tech- `ÒneVote'' allowed students in Channel One He was baptized and filled with the precious nology (NJIT) has been studying the chal- middle and high schools across the country to Holy Ghost at the Holy Trinity Church of God lenges posed by flooding and stormwater cast online ballots for President, for Governor, in Christ. flows for some time, and is interested in form- and for Senate in states where statewide Bishop-Designate Aubrey Baker, Jr. matricu- ing a multi-agency federal partnership to con- races are taking place. The students also lated through the New York City Public School tinue this important research. were polled on important national issues. Each system, receiving his higher education at Long NJIT is one of our state's premier research student was assigned a special registration Island and New York Universities. He institutions and is uniquely equipped to carry number so that only registered students could furthered his religious education at Shelton out this critical stormwater research. The uni- vote and that no student could vote more than Bible College and the O.M. Kelly Religious In- versity has a long and distinguished tradition once. of responding to difficult public-policy chal- stitute. In 1958, Bishop-Designate Aubrey Now I know my colleagues are skepticsÐ lenges such as environmental emissions Baker married Mildred Josephine Butler, and and will think I enjoyed this poll solely be- standards, aircraft noise, traffic congestion and they were blessed with two beloved children: cause Govemor Bush defeated Vice President Aubrette and Renwick. alternative energy. More broadly, NJIT has GORE in a landslide. That's not true, although As a loyal and faithful servant of the Lord, demonstrated an institutional ability to direct it did make me feel better about our future. the late Bishop O.M. Kelly ordained Aubrey its intellectual resources to the examination of Baker, Jr. in 1959 at the Holy Trinity Church problems beyond academia, and its commit- Seriously, the simple truth is that this vote of God in Christ in Brooklyn, NY. Continuing ment to research allows it to serve as a re- should be celebrated no matter who won or his faithful service, Bishop-Designate Baker, source for unbiased technological information lost. Channel One's `ÒneVote'' undoubtedly Jr., served as District Secretary Brooklyn No. and analysis. gave many young Americans their first taste of 1, Assistant Financial State Secretary assist- An excellent opportunity for NJIT to partner democracy on a national scale. Students in ing the late Elder S.A. White, and State with the federal government and solve the dif- one small school in rural Tennessee were able Y.P.W.W. President of ENY jurisdiction. ficult problem of flood control has presented to see how their votes compared not just with In May 1973, Bishop-Designate Aubrey itself in the 2000 Water Resources Develop- their friends across the hallway, but with kids Baker, Jr., was appointed to the Keystone ment Act (WRDA). At my request, the final across the country, from California to Missouri Church of God in Christ and, in August 1977 version of this important legislation includes a to Maine. under the leadership of the late Bishop O.M. provision directing the U.S. Army Corps of En- Young adults also were encouraged to think Kelly, he merged Keystone and Zion Temple gineers to develop and implement a about important issues facing our country, in- Church of God in Christ. His service in the ju- stormwater flood control project in New Jersey cluding education, world affairs, and integrity risdiction included serving as Assistant Super- and report back to Congress within three in government. They were urged to think intendent to the late Bishop F.D. Washington years on its progress. While the Corps of En- about how these issues impact their lives and in the Brooklyn Hill District. Thereafter, he suc- gineers is familiar with this problem at the na- the lives of those around them. More than just ceeded the late Bishop F.D. Washington as tional level, it does not have the firsthand a quick poll, OneVote is part of Channel One the Superintendent. Under the leadership of knowledge and experience in New Jersey that News' ongoing process of education and in- the late Bishop F.D. Washington, he served as NJIT has accrued in its 119 years of service volvement for millions of teens. a member of the Finance Board. to the people of my district and state. Includ- Mr. Speaker, these activities should be rec- Mr. Speaker, Bishop-Designate Aubrey ing NJIT's expertise and experience in this re- ognized and encouraged. Staying informed, Baker, Jr. is a man of God and a true servant search effort is a logical step and would great- thinking about concerns greater than one's of the people. As such, he is more than wor- ly benefit the Army Corps, as well as signifi- self interest, and participating in our nation's thy of receiving our recognition today, and I cantly improve the project's chances of suc- decision-making process are excellent habits hope that all of my colleagues will join me in cess. for our young adults to develop. honoring this truly remarkable man. Therefore, I urge the New York District of There is a great deal of cynicism in our f the Corps of Engineers to work closely with country about whether our government really my office and NJIT to ensure the universities NEW JERSEY INSTITUTE OF TECH- does the work of the people. Recent history full participation in this study. By working to- shows that this cynicism has led to lower and NOLOGY’S STORMWATER MAN- gether, we can create a nexus between the AGEMENT PROJECT lower voter turnout at elections. This is a considerable flood control expertise of the shame, Mr. Speaker, because the only way to Army Corps and NJIT, and finally solve this make sure the government does the people's HON. BOB FRANKS difficult problem for the people of New Jersey. work is if the people stay informed and ac- OF NEW JERSEY I hope my colleagues will support my efforts in tively engaged in the affairs of government. this regard. IN THE HOUSE OF REPRESENTATIVES The power of the people to control this f Tuesday, October 31, 2000 country's future can take many shapes and Mr. FRANKS of New Jersey. Mr. Speaker, I SUPPORT FOR THE EFFORTS OF formsÐfrom writing letters to the editor to rise today regarding a matter of great impor- CHANNEL ONE TO TEACH OUR serving in office. But the greatest power tance to my district and the entire State of CHILDREN ABOUT DEMOCRACY comes from perhaps the simplest of acts: vot- New Jersey. My home state is confronted with ing. When all the campaigning speeches are an array of complex challenges related to the HON. VAN HILLEARY over and the television ads are gone, each and every American gets their say when they environment and economic development. OF TENNESSEE step into the voting booth and pull the lever. However, one issue in particular, the over de- IN THE HOUSE OF REPRESENTATIVES velopment of land, had become especially We need to constantly remind our fellow citi- concerning because of the impact it is having Tuesday, October 31, 2000 zens, especially those in the next generation, on our watersheds and floodplains, as well as Mr. HILLEARY. Mr. Speaker, at a time in that voting is both an important right and re- its resulting impact on economic activity. which we hear so much about what's wrong sponsibility. As many of my colleagues already know, with our children and young adults, it is easy Mr. Speaker, the Channel One Network's this past August vast parts of northern New forget all of the positive things taking place. `ÒneVote'' gave hundreds of thousands of Jersey were devastated by flooding caused by The truth is that most of our children are doing young Americans an important first lesson in severe rainfall. The resulting natural disaster wellÐthey are growing up in loving homes, democracyÐand I would like to recognize threatened countless homes, bridges and they are receiving a high-quality education, Channel One and the thousands of partici- roads, not to mention the health, safety and and they are becoming tomorrow's leaders. pating schools and their students for this out- welfare of area residents. The total figure for And while it is right to point out instances standing success.

VerDate 112000 06:23 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.007 pfrm04 PsN: E31PT1 E2036 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 2000 WILLIAM KENZO NAKAMURA His love and dedication will keep him in our Lawrence D. Dahms has served as MTC's COURTHOUSE hearts forever. Irving Stravitz was a Pin Trader executive director since 1977. In both his 23 and Pin Maker. His special project was the years at MTC and in an earlier six-year stint HON. JENNIFER DUNN Vacation Camp for the Blind where his skill as at the Bay Area Rapid Transit District (BART), OF WASHINGTON a carpenter proved invaluable. He was in- Larry spearheaded the successful effort to ex- IN THE HOUSE OF REPRESENTATIVES volved with the Little League and ran the Hyde tend BART to San Francisco International Air- Tuesday, October 31, 2000 Park Lions Club's annual football pool fund- port. His many accomplishments also include raiser. a pivotal role in negotiating the San Francisco Ms. DUNN. Mr. Speaker, I support H.R. In the final words of Marc Antony's eulogy Bay Area Regional Rail Agreement, known as 5302, to name the United States courthouse in of Julius Caesar, ``Indeed, this was a man.'' MTC Resolution No. 1876. This became the downtown Seattle as the ``William Kenzo Mr. Speaker, I join with his friends and loved basis for securing federal funding for BART to Nakamura United States Courthouse.'' ones in saying'' ``Irving, indeed you were a San Francisco International Airport and the It is important to pay tribute to a man who man and one of Lionism's finest tributes.'' Tasman light-rail extension in Silicon Valley, made such great contributions to our nation. Mr. Speaker, Lion Irving Stravitz is more as well as state and local funding for East Bay Private First Class Nakamura was an out- than worthy of receiving our recognition today, BART extensions to Dublin and Bay Point. standing American, and this is a fitting way to and I hope that all of my colleagues will join In addition to his regional impact, Larry was honor him for giving his life to protect our free- me in honoring this truly remarkable man. a leader on the national stage in developing dom. f and advocating the landmark 1991 federal Pfc. Nakamura grew up in what is now the Intermodal Surface Transportation Efficiency Chinatown International District in Seattle. He VIOLATION Act (ISTEA). This ushered in a new era in fed- was studying at the University of Washington eral transportation policy by giving states and when he was moved with his family to an in- HON. CHARLES A. GONZALEZ localities greater responsibility and flexibility in ternment camp in Idaho. Despite this hardship, OF TEXAS the investment of federal dollars. Larry contin- Pfc. Nakamura joined the 442nd Regimental ued his involvement as he advocated for the Combat Team, which went on to become the IN THE HOUSE OF REPRESENTATIVES Tuesday, October 31, 2000 passage of ISTEA's successor, the 1998 most decorated military unit in history. Transportation Equity Act for the Twenty First On June 4, 1944, Pfc. Nakamura provided Mr. GONZALEZ. Mr. Speaker, as we near Century (TEA±21), which consolidated that cover for a retreating platoon in Catellina, the end of this session, one of the country's policy shift and dramatically increased funding Italy, and was killed by enemy fire. At first, largest companies is asking Congress for spe- levels. Nakamura and other soldiers of color did not cial treatment. According to numerous media Larry took the lead in implementing this new receive national recognition for their heroic reports, AT&T is asking Congress to attach an federal policy at the local level by establishing deeds. Finally, this June, Nakamura and other amendment to an appropriations bill to allow the Bay Area Partnership to foster multimodal soldiers received the Medal of Honor. them to violate conditions they agreed to when decision-making and coalition building, in the I believe naming this courthouse after Pfc. their merger with MediaOne was approved by process creating a trail-blazing MPO that is a Nakamura is a fitting tribute for a man who de- the FCC. This amendment would allow AT&T model for the nation. fended his country and the freedoms we all to violate the caps on cable ownership, caps I, as well as the Bay Area Congressional enjoy. Pfc. Nakamura's valor and heroic ac- that are designed to promote competition and Delegation, wish Mr. Dahms our most sincere tions should never be forgotten, and his dedi- protect consumers from price-gouging. thanks for his accomplishments. We greatly cation to his countryÐthe United StatesÐ No Member of either this House or the other appreciate his achievements on behalf of the should be honored. I encourage all my col- body has introduced a bill to give AT&T this past, current and the future residents of our leagues to support this resolution. break, nor has a single hearing been held on region. We wish him well in all his future pro- f the issue. To even consider this bill to enter fessional and personal endeavors. HONORING LION IRVING STRAVITZ legislation would not at this time be wise for f OCTOBER 2, 1912-DECEMBER 19, 1998 the simple fact that we do not have enough proper information to make an informed deci- HONORING DUSTY RHODES HON. EDOLPHUS TOWNS sion concerning this break for AT&T. Mr. Speaker, we should ask that AT&T keep OF NEW YORK HON. JOHN JOSEPH MOAKLEY their word. As well we should reject any last IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS minute legislation that has not been fully re- IN THE HOUSE OF REPRESENTATIVES Tuesday, October 31, 2000 viewed by the Congress. Tuesday, October 31, 2000 Mr. TOWNS. Mr. Speaker, I rise today to f honor the life of Lion Irving Stravitz, who Mr. MOAKLEY. Mr. Speaker, today I pay passed away on December 19,1998. HONORING LAWRENCE D. DAHMS, tribute to the director of Sail Boston 2000, Irving Stravitz was raised in Brooklyn and, EXECUTIVE DIRECTOR, METRO- Dusty Rhodes. as a child, loved to work with his hands. He POLITAN TRANSPORTATION COM- It has been estimated that between seven became a carpenter at a very young age and MISSION and eight million people visited Boston during always had his own business. Sail Boston 2000. It was a remarkably well He met and married Eva, who became his HON. ELLEN O. TAUSCHER planned and well-executed international tall partner in Lionism and life. She served side by OF CALIFORNIA ship event. From the pageantry of the Open- side with him through thick and thin for the IN THE HOUSE OF REPRESENTATIVES ing Ceremony at Rowes Wharf to the spectac- sixty-three years of their marriage. Together, ular Parade of Sail out Boston Harbor for the Tuesday, October 31, 2000 they raised two children, David and Renee, start of the race to Halifax, Boston was at her who bestowed upon them the loves of their Mrs. TAUSCHER. Mr. Speaker, today I pay very best. Residents and tourists alike thrilled lives: two grandchildren, Allison and Matthew. tribute to Lawrence D. Dahms, executive di- to the majesty of the ships and warmly wel- Irving was emblematic of the drive that Lion rector of the Metropolitan Transportation Com- comed the young crews to the historic Port of Melvin Jones, one of the founding members of mission in the San Francisco Bay Area, who Boston. The presence of the tall ships in July Lionism, exhibited. Irving became a member will be retiring at the end of this year. was a nostalgic reminder of our city's great of the Hyde Park Lions Club and served the The Metropolitan Transportation Commis- maritime heritage and a celebration of the re- Club by holding every office up to and includ- sion (MTC) was created in 1970 to provide birth of our magnificent harbor. ing President. He was elected to the position transportation planning for the nine-county Boston was the only Official Race Port in of Deputy District Governor of District 20±K1. San Francisco Bay Area. MTC is the des- the United States for the International and Mid-stream, Irving transferred into the Brook- ignated federal Metropolitan Planning Organi- American Sail Training Associations' Tall lyn Canarsie Lions Club and served for the re- zation (MPO) for the nine-county San Fran- Ships 2000 Race of the Century. An event of mainder of his thirty years. He received Certifi- cisco Bay Area, and is charged with dis- this magnitude requires precise planning and cates of Appreciation, plaques that honored bursing federal, state and regional transpor- extraordinary effort, and the appropriate credit his dedication and was the first Lion in the tation revenues in the region. The retirement should be given to the person who was most Club to be presented with the Melvin Jones of Lawrence D. Dahms is a severe loss to the responsible for bringing the ships to the port Fellowship Award. Bay Area community. and organizing Sail Boston 2000, the largest

VerDate 112000 06:24 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.010 pfrm04 PsN: E31PT1 October 31, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2037 event ever held in the history of New England. the majority of our colleagues. The product of TRIBUTE TO HANNAH JOANN Her name is Dusty Rhodes. this effort was H.R. 1941, the Health Informa- LANZHEN SIMONS Eight years ago, immediately following her tion Privacy Act. In addition to the four primary success in producing Sail Boston 92, Dusty, sponsors, 66 of our colleagues joined us in HON. GREG WALDEN as President of Conventures, Inc. flew to Lon- sponsoring this legislation. OF OREGON don to attend the Annual International Sail We were not alone in our efforts to protect IN THE HOUSE OF REPRESENTATIVES Training (ISTA) Race Committee Conference. these sensitive records. The Secretary of Tuesday, October 31, 2000 Although not on any agenda, she lobbied Health and Human Services, directed by provi- committee members, ISTA officials, ship cap- sions of the Health Insurance Portability and Mr. WALDEN of Oregon. Mr. Speaker, it tains, diplomats, and governmental officials, Accountability Act, issued proposed health pri- gives me a great deal of pride to extend this promoting Boston as a potential Race Port for vacy regulations on November 3, 1999 after official welcome to one of our nation's newest the year 2000. Congress failed to meet its self imposed dead- citizens, Hannah JoAnn LanZhen Simons of Energetically and tirelessly (and pregnant), line. In all, these proposed regulations rep- Hood River, Oregon. she fought for Boston. It was just the begin- resent a good solid start, but failed to address Hannah was born November 8, 1996 in ning of her persistent and often frustrating at- several key items since the Secretary's scope Magongtan, Zhejian Province in the Peoples tempts to have Boston officially designated for was limited to health plans, clearinghouses Republic of China. Her first months were the Tall Ships 2000 Race. Dusty returned and providers that share health information spent in the Lanxi Social Welfare Institute, an each year, from 1993 to 1997 continuing her electronically. orphanage. In the summer of 1997, she was mission and, I will add, all at her own ex- Therefore, the proposed regulations did not adopted at Hangzhou, Zhejian Province, PRC pense. cover health records that have never been by her mother, Marta Simons, and brought to In 1996 the International Race Committee maintained or shared electronically. Addition- the United States to live. On September 26 of selected Boston as a result of her efforts. ally, the Secretary's proposal does not cover this year, she became a citizen of the United OPSAIL then entered the competition for the all entities that come into possessions of States. first time attempting to have New York des- health information. Safeguards given to an in- It's a wonderful thing that China allows for ignated as the Official Race Port in place of dividual's health record should be applied these adoptions which have lifted little babies Boston. Race Ports were required to pay a equally, whether it is in the hand of a health out of orphanages and placed them into arms port fee to ISTA under the Race Committee care provider, researcher or a lending institu- of loving families here in America. Rules. New York refused and Dusty Rhodes tion. Mr. Speaker, it's also important to acknowl- committed her own funds to assure Boston's Unfortunately, the issue of medical privacy edge the continued efforts of this Congress to involvement. These funds, like many others was never given the attention it deserves in expand the opportunity and affordability for which accrued during the planning process of this Congress. The leadership of the next adoption. Together, with families like Han- Sail Boston, were totally at risk, but Dusty's Congress, should make this issue a priority nah's, we're making life better for children belief in the potential of this millennium tall and make a public commitment to schedule a from around the world. ship event made her even more determined. full, fair and open floor debate within the first f She took that risk and, when the dust settled, three months of reconvening the next session. ABBOTT LABORATORIES OVER- Boston had been selected and the OPSAIL, This will be the only way we can come to an CHARGES TAXPAYERS AND New York/Boston battle began. agreement on comprehensive medical privacy JEOPARDIZES PUBLIC HEALTH Sail Boston was a huge success, from a legislation. maritime as well as a financial point of view for the Commonwealth of Massachusetts. Ho- f HON. FORTNEY PETE STARK tels, restaurants, tour boats and retail estab- OF CALIFORNIA TRIBUTE TO MIZELL MEMORIAL lishments all benefited substantially from the IN THE HOUSE OF REPRESENTATIVES HOSPITAL FOR RECIEPT OF THE millions of people who came to Boston for the Tuesday, October 31, 2000 2000 ALABAMA QUALITY AWARD return of the Tall Ships. Thanks to Dusty Mr. STARK. Mr. Speaker, I am today sub- Rhodes and her efforts on behalf of the City, mitting for the RECORD a letter I sent to Mr. Boston will continue its prominence as a des- HON. TERRY EVERETT Miles White, Chief Executive Officer of Abbott tination point for national and international OF ALABAMA Laboratories. Recent congressional investiga- tourism. In a 1992 Boston Globe article, she IN THE HOUSE OF REPRESENTATIVES tions have collected evidence that Abbott has was referred to as ``the Unsinkable Dusty Tuesday, October 31, 2000 reported inflated prices and has engaged in Rhodes.'' With all the obstacles thrown in her other improper business practices in order to way, Dusty has proved to be just that, and we Mr. EVERETT. Mr. Speaker, I would like to pay tribute to an outstanding business in my create windfall profits for providers submitting all can thank her for making the Summer of Medicare and Medicaid claims for certain Ab- 2000 a most memorable one. congressional district which was recently honored with a prestigious state award for oper- bott drugs. f Such drug company behavior overcharges ational excellence. taxpayers and jeopardizes the public health MISSED OPPORTUNITY ON Earlier this month, Mizell Memorial Hospital system. The letter follows: MEDICAL PRIVACY in Opp, Alabama was named the winner of the 2000 Alabama Quality Award for excellence in CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, HON. GARY A. CONDIT leadership; strategic planning; patients, other Washington, DC, October 31, 2000. OF CALIFORNIA customers, staff and market focus; information Mr. MILES WHITE, IN THE HOUSE OF REPRESENTATIVES and analysis; process management; and orga- Chief Executive Officer, Abbott Laboratories, nizational performance. Abbott Park, IL. Tuesday, October 31, 2000 The Alabama Quality Award, modeled after DEAR MR. WHITE: You should by now be Mr. CONDIT. Mr. Speaker, today I spoke re- the Malcolm Baldrige National Quality Award, aware of Congressional investigations regarding the unfinished business of ensuring honors organizations whose recent innova- vealing that Abbott has for many years re- Americans that their personal medical informations increased productivity and quality within ported and published inflated and misleading price data and has engaged in other decep- tion will be kept confidential. Despite a con- the organization. tive business practices. This letter is a call sensus that an individual's health information For years, Mizell Memorial has served rural for your company to immediately cease is easily accessed and susceptible to manipu- South Alabama with a level of professionalism overcharging taxpayers and jeopardizing the lation, Congress failed to act on this crucial equal to and surpassing Alabama's most inno- public health. issue. vative and progressive businesses. I am The price manipulation scheme is executed This is certainly not a new issue. I first intro- pleased that its employees' fine work and through Abbott’s inflated representations of duced comprehensive medical privacy legisla- dedication has finally been recognized with average wholesale price (‘‘AWP’’) and direct price (‘‘DP’’) which are utilized by the Medi- tion at the beginning of the 104th Congress. this prestigious award. care and Medicaid programs in establishing Last year, in an effort to reach a consensus, My congratulations go out to Mizell Memo- drug reimbursements to providers. The dif- I worked closely with Rep. HENRY WAXMAN, rial Hospital's management and employees for ference between the inflated representations Rep. ED MARKEY and Rep. JOHN DINGELL to their exemplary efforts to improve the lives of of AWP and DP versus the true price pro- develop a bill that could gain the support of south Alabamians. viders are paying, is regularly referred to in

VerDate 112000 06:24 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A31OC8.014 pfrm04 PsN: E31PT1 E2038 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 2000 your industry as ‘‘the spread.’’ The evidence The evidence uncovered shows that pro- through 1996. The Congressional investiga- amassed by Congress clearly shows that Ab- viders will purchase and utilize pharma- tions have revealed that, in fact, the true bott has intentionally reported inflated ceutical manufacturers’ products that have price to industry insiders from Florida Infu- prices and has engaged in other improper the widest spread between the providers’ sion was only $43.20 in 1993 and the price ac- business practices in order to cause its cus- true costs and the reimbursement paid by tually fell to $36.00 by 1996. (Composite ex- tomers to receive windfall profits from Medi- third parties—including State Medicaid Pro- hibit 8). care and Medicaid when submitting claims grams and Medicare. In 1996, Abbott, Abbott’s knowledge that true wholesale for certain drugs. The evidence further re- Fujisawa, Lederle, Lilly and Schein all made prices were falling for many of its drugs at veals that Abbott manipulated prices for the representations of Wholesaler Acquisition the very time that it falsely reported that express purpose of expanding sales and in- Cost (‘‘WAC’’) to the State of Florida, as its prices were rising is evidenced by an increasing market share of certain drugs. This summarized in the chart below (Exhibit ‘‘4’’). ternal Abbott document (Exhibit ‘‘9’’) dated was achieved by arranging financial benefits The chart sets out the reimbursement March 10, 1994 to a wholesaler, Florida Infu- or inducements that influenced the decisions amount paid by Florida Medicaid, the indus- sion, which states the following: of health care providers submitting Medicare try insider’s true cost and ‘‘the spread’’ be- ‘‘The first three pages, identified as Flor- and Medicaid claims. tween Medicaid reimbursement and true ida Infusion Price Changes indicate the prod- Contrary to Abbott’s recent assertions in cost. A review of the chart below clearly ucts in which prices were changed and their the national media, the price manipulation demonstrates that the vast majority of pro- new contract price. Favorable factory cost in conduct was in no way required by or con- viders utilize Abbott’s Vancomycin, the drug 1994 have lead the way for these price reduc- sistent with existing reimbursement laws or with the greatest spread between the true tions! (emphasis added). Shortly after informing Florida Infusion policies. Indeed, Abbott did not falsify pub- wholesaler acquisition cost and the inflated that its prices were being reduced, Abbott lished prices in connection with other drugs, false WAC reported by Abbott. where sales and market penetration strate- Exhibit ‘‘5’’, prepared by the National As- falsely informed Red Book that its prices gies did not include arranging financial sociation of Medicaid Fraud Controls Units were being increased, as evidenced by the internal memo dated May 26, 1994 (Exhibit ‘‘kickbacks’’ to health care providers. in conjunction with their ongoing investiga- In the case of the drugs for which Abbott ‘‘10’’): tion, further demonstrates that Abbott ‘‘As you are aware, on at [sic] the begin- sought to arrange a financial kickback at maximized sales volume and captured mar- ning of April, Abbott took a list price in- the expense of government programs, the ket share by causing 33 State Medicaid Pro- crease. This also has an effect on our AWP manipulated discrepancies between your grams to pay substantially inflated reim- (Average Wholesale Price) which Red Book company’s reported AWPs and DPs versus bursements for Abbott’s Vancomycin. quotes for reimbursement purposes.’’ their true costs are staggering. For example, The following document (Exhibit ‘‘6’’) re- Abbott created and marketed these finan- in the 2000 edition of the Red Book, Abbott flects misleading price representations that cial inducements for the express purpose of reported an AWP of $2,094.75 and a DP of Abbott sent to Medi Span (now acquired by influencing the professional judgment of doc- $1,764.00 for a package of Acyclovir Sodium 1 First Data Bank) concerning two package tors and other health care providers. Ab- gm. 10’s (package of 10) [NDC #00074–4452–01], sizes of Vancomycin. Medi Span’s data acqui- bott’s strategy of using taxpayer funds to in- while Abbott was in reality selling the exact sition specialist attempted to clarify with crease company drug sales and enriching same drug to Innovatix members (a large na- ‘‘Jerrie,’’ from Abbott, the pricing discrep- doctors and others who administer the drugs tional group purchasing organization) for ancies and confusion over the prices of the is reprehensible and a blatant abuse of the only $105.40. This represents a difference be- two packages: privileges that Abbott enjoys as a major tween the AWP and cost of $1,989.35 or a Abbott’s apparent price manipulation cre- pharmaceutical manufacturer in the United mark up 1987 percent. (Composite Exhibit ated a financial incentive for doctors to in- States. ‘‘1’’). I have been informed that Abbott then crease their usage of Vancomycin, at the Doctors should be free to choose drugs aggressively marketed its Acyclovir Sodium very time that overutilization of the drug based on what is medically best for their pa- to health care providers by touting the fi- created a health crisis. This is an especially tient. Inflated price reports should not be nancial inducements created by the false reprehensible misuse of Abbott’s position as used to financially induce doctors to admin- price representations and other types of a drug manufacturer. ister Abbott’s drugs. Abbott’s conduct, in monetary payments. Additionally, as indicated by the evidence conjunction with other drug companies, has Acyclovir Sodium is an important drug in below, Abbott has provided or arranged for a cost the taxpayers billions of dollars and the treatment of AIDS related illnesses and number of other financial inducements to serves as a corrupting influence on the exer- it is essential that government health pro- stimulate sales of its drugs at the expense of cise of independent medical judgement both grams be able to accurately estimate its ac- the Medicaid and Medicare Programs. Such in the treatment of severely ill patients and quisition cost in setting reimbursements. inducements include volume discounts, rein the medical evaluation of new drugs. Even more devastating, Abbott has inten- bates, off invoice pricing, and free goods, and Accordingly, I have requested that the tionally caused the government to pay in- are designed to result in a lower net cost to Commissioner of the United States Food and flated amounts for this important drug at a the purchaser, while concealing the actual Drug Administration, Dr. Jane Henney, con- time when AIDS health benefits were being cost. For example, a product invoiced at $100 duct a full investigation into the business limited due to budgetary constraints. for ten units of a drug item would in reality practices of certain drug companies, includ- Another example of Abbott’s drug price only cost the purchaser half that amount if ing Abbott. My reading of the Federal Food, manipulation concerns the IV antibiotic a subsequent shipment of an additional ten Drug, and Cosmetic Act and the cor- Vancomycin, the drug of last resort in com- units is provided at no charge. The same net responding regulations suggests that the bating many life threatening infections. The result can be achieved through a ‘‘grant,’’ FDA should pay particular attention to Ab- public health crisis associated with the over- ‘‘rebate,’’ or ‘‘credit memo’’ in the amount of bott’s misleading price reports and take af- utilization of Vancomycin is now of imme- $50. The following excerpts from Abbott’s in- firmative action to ensure that its represen- diate concern. Exhibit #2, article from Hos- ternal documents (Composite Exhibit ‘‘7’’) tations about its drugs are accurate and not pital Pharmacist Report entitled Under At- are examples of Abbott’s creation of off in- misleading. Abbott is clearly capable of representing tack Vancomycin-Resistant S. Aureus Hits voice price reductions that conceal the true prices that do not include a kickback for U.S. Shores, states: Indeed, as stated in the price of drugs and impede the Medicare and many of its drugs. The following chart (‘‘Ex- article, the problem has reached the level Medicaid Programs from accurately esti- hibit II’’) specifies drugs for which Abbott re- where the CDC has called for strict limits on mating the acquisition cost of drugs: ported accurate prices: the use of this vital drug. As I am sure you are aware, the inflation As illustrated by the preceding informa- In recent press reports, Abbott attempts to index for prescription drugs continues to rise tion, Abbott clearly has the ability to accu- avoid responsibility for financially inducing at a rate of more than twice that of the con- rately and competently report its prices and health care providers to administer sumer price index. The American taxpayers, consistently did so when it was in its own Vancomycin. Abbott has suggested that the Congress and the press are being told that economic interest. drug’s usage in the outpatient setting is these increases are justified by the cost of I urge Abbott to immediately cease report- minimal. The evidence developed by the Con- developing new pharmaceutical products. ing inflated and misleading price data. Such gressional investigators, however, reveals Abbott and certain other manufacturers are action places the nation’s health care at that outpatient utilization of Abbott clearly exploiting the upward spiral in drug great risk and overcharges taxpayers. Vancomycin has grown substantially in re- prices by falsely reporting that prices for Based on the evidence collected, Abbott cent years as Abbott inflated its price re- some drugs are rising when they are in fact should make arrangements to compensate ports to drug price publishers, while the true falling. For example, the actual price being taxpayers for the financial injury caused to price to health care providers fell. Enclosed paid by industry insiders for Abbott’s drug, federally funded programs. Any refusal to ac- as Composite Exhibit #3 are excerpts from Sodium Chloride 0.9 percent, was in many cept responsibility will most certainly be in- the Red Book showing Abbott’s false price years less than half of what Abbott rep- dicative of the need for Congress to control reports for Vancomycin in 1995, 1996 and 1999, resented. Abbott falsely reported that the drug prices. If we cannot rely upon drug together with advertisements available to average wholesale price to health care pro- companies to make honest and truthful rep- industry insiders reflecting the lower actual viders for Sodium Chloride 0.9 percent, 500 resentations about their prices, then Con- prices. The following chart summarizes this ml 24s, [NDC # 00074–7983–03], rose from gress will be left with no alternative but to information: $206.06 to $229.43 during the years 1993 take decisive action to protect the public.

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I would appreciate your sharing this letter Assemblyman Butler has been honored by nu- CHARLES RANGEL, Louis Stokes and Walter with your Board of Directors and in par- merous organizations, among them, the Vet- Fauntroy. Representative CLAY, through the ticular with the Board’s Corporate Integrity erans of Foreign Wars Post 2348, the Long Is- Congressional Black Caucus, worked and Committee. Sincerely, land Chapter Knights of Columbus, and the dedicated himself to removing barriers and PETE STARK, Federation of Italian-American organizations of helped to mold a Nation to its higher calling Member of Congress. Queens, Inc. for a government ``of the people, for the peo- Mr. Speaker, I encourage my colleagues to ple and by the people.'' f pay tribute to such a respectable man. Assem- Representative CLAY has authored two IN HONOR OF NEW YORK STATE blyman Butler has demonstrated that the work books, To Kill or Not To Kill (published in ASSEMBLYMAN DENIS BUTLER of a legislator is not only a rewarding oppor- 1990) and Just Permanent Interests (pub- ON HIS RETIREMENT AFTER tunity for the person in office, but also im- lished in 1992). Moreover, Mr. Speaker, Rep- TWENTY-FOUR YEARS IN OFFICE measurably helpful to local communities. As- resentative CLAY has also founded the William semblyman Butler has served as an enor- L. Clay Scholarship Fund, a fund that pres- HON. CAROLYN B. MALONEY mously valuable resource and public servant ently enrolls fifty-six students in twenty-one dif- OF NEW YORK to his Queens constituents and I am sure his ferent schools. IN THE HOUSE OF REPRESENTATIVES services will be missed. Today, Mr. Speaker, I recognize a States- f man, an educator, businessman, author, and Tuesday, October 31, 2000 more importantly, a father and husband to Mrs. MALONEY of New York. Mr. Speaker, TRIBUTE TO THE HONORABLE Carol Clay for 43 years. I stand today to per- I rise today to pay tribute to New York State WILLIAM L. CLAY, SR. sonally thank him for his friendship, guidance, Assemblyman Denis Butler, who is retiring this love and his long-time friendship with my pred- SPEECH OF year after twenty-four years of service in the ecessor, Congressman Louis Stokes. Con- New York State Assembly, where he has rep- HON. STEPHANIE TUBBS JONES gressman Stokes gave me the opportunity that resented the residents of his native Queens, OF OHIO I possess today and now I am able to bask in New York district superbly. IN THE HOUSE OF REPRESENTATIVES the sunshine too! First elected in 1976, and reelected every Friday, October 27, 2000 Mr. Speaker, I stand to recognize and to year since, Assemblyman Butler has led a re- say thanks to the outstanding Representative markably distinguished career in the State As- Mrs. JONES of Ohio. Mr. Speaker, it is with from the 1st Congressional District of Missouri, sembly, where he rose to the rank of Assistant great pleasure that I stand here this evening my friend, Representative WILLIAM LACY CLAY, Speaker Pro Tempore in 1993. He has served to acknowledge the accomplishments of one, Sr. Mr. Speaker, America is better off . . ., as a senior member of the Assembly labor United States Representative WILLIAM CLAY, this Congress is better off, . . ., the Congres- and Aging Committees, and currently serves my friend and colleague. sional Black Caucus is better off . . . because as a member of the Rules, Analysis and In- WILLIAM CLAY, United States Representative of Representative WILLIAM LACY CLAY, Sr. I vestigations, Economic Development, and from the 1st Congressional District of Missouri, salute you and America salutes you. Oversight Committees. He is also the Chair- was first elected to Congress in 1968. He has f man of the Subcommittee on the Special served in these hallowed chambers for 15 Problems of the Aging as well as the Chair- succeeding Congresses from 1969 through CONFERENCE REPORT ON H.R. 2614, man of the Assembly Queens Delegation. January 2001. CERTIFIED DEVELOPMENT COM- Assemblyman Butler has been a champion His commitment to public service has been PANY PROGRAM IMPROVEMENTS of the aging, disabled, and underprivileged, lifelong. His work includes serving as Alder- ACT OF 2000 and has worked tirelessly for the working men man in St. Louis and serving as Education Co- and women of his district. With the support of ordinator, Steamfitters Local No. 562. Mr. SPEECH OF the Assembly leadership, Assemblyman Butler CLAY, throughout his business and profes- HON. BOB RILEY created SCRIBE (Senior Citizens Rent In- sional life, has always been a people's fighter, OF ALABAMA crease Exemption), which has helped low in- championing the cause for those left out, the IN THE HOUSE OF REPRESENTATIVES come seniors remain in their homes. Addition- voiceless and the poor. Thursday, October 26, 2000 ally, he was a prime sponsor of EPIC, New Representative CLAY, senior member, Mis- York's prescription drug buy plan, which has souri congressional delegation, currently Mr. RILEY. Mr. Speaker, in an effort to en- helped thousands of elderly new Yorkers pay serves as Ranking Member, House Education sure that our nation's seniors will continue to for necessary medication. and Workforce Committee. He also served as have access to quality health care, Congress Assemblyman Butler has also been ex- Chairman, Committee on the Post Office and is again providing a financial infusion into our tremely active in civic affairs and has worked Civil Service in the 102d and 103d Con- nation's Medicare program. alongside local community activists on a wide gresses. Representative CLAY was the chief I want to ensure that the Health Care Fi- range of issues, from improving educational architect of H.R. 1, the Family and Medical nancing Administration (HCFA) implements and youth programs, to strengthening the local Leave Act, a major piece of legislation. In ad- the provisions of this Medicare ``giveback'' bill police presence. His caring guidance and en- dition, it was Representative CLAY who worked in accordance with congressional intent. Sec- thusiasm have truly made his neighborhood a tirelessly to have the Hatch Act reform bill tion 111 of this legislation would help alleviate more pleasant place to live and work. Assem- signed into law. the high out-of-pocket payment our seniors blyman Butler's service in Albany has been Representative CLAY's work in the areas of face today in hospital outpatient departments. extraordinarily beneficial to his Queens, New education, labor and workforce will stand long HCFA has previously interpreted this provision York constituents, and I applaud him on such after he leaves Congress. His work to ensure in a manner that may result in a beneficiary an esteemed career. equal access to education and to promote paying more for a procedure done on an out- Assemblyman Butler began his career in educational excellence are testaments to his patient basis than they would pay if the proce- politics after completing his education, which belief in providing opportunities for all Ameri- dure were done on an impatient basis. I be- included a significant amount of time at semi- cans. In addition, Representative CLAY has lieve this interpretation of the Balanced Budget nary school, and working as an account exec- boldly stood, where many others would not, to Relief Act (BBRA) of 1999 fails to carry out utive and sales manager in the fields of tele- ensure fair wages as well as safe, healthy congressional intent. vision and radio broadcasting. Throughout his working conditions for American workers. While I am pleased that this year's bill years serving his community in the legislature, In 1969, Representative CLAY and twelve would gradually begin to diminish these overtime and again. Assemblyman Butler has other African American representatives of the charges to our seniors, HCFA should interpret proven to be a community-driven and compas- 77th Congress joined together to form the Sec. 111 on a ``per incident'' or ``per proce- sionate legislator. He is one of the original ``Democratic Select Committee.'' This com- dure'' basis or seniors will not be able to fully founders of the 114th Auxiliary Police Corps, mittee was later renamed the Congressional avail themselves of the help we have tried to the past president of St. Joseph's Home Black Caucus. Founding members included include for them in this bill. Under HCFA's nar- School Association, and has also served as a Representatives WILLIAM CLAY, Shirley Chis- row interpretation of this provision in the member of the St. Joseph's Parish Council. holm, George Collins, JOHN CONYERS, Ronald BBRA of 1999, seniors may be faced with For twenty-eight years, Assemblyman Butler Dellums, Charles Diggs, Augustus Hawkins, paying two or more separate copays for the has organized the annual Toys for Tots Drive. Ralph Metcalfe, Parren Mitchell, Robert Nix, same procedure and would likely pay less out-

VerDate 112000 06:23 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.021 pfrm04 PsN: E31PT1 E2040 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 2000 of-pocket if they had the same procedure In conclusion, I must note the hard work County, two small plans exist in Orange Coun- done in an in-patient hospital. I do not believe that went into this bill on both sides of the ty and the remaining plans in Rockland and that was Congress' intent when the beneficiary aisle, and in both bodies. This bill could not Westchester Counties have sharply raised copay limitation was first enacted last year. have been finalized without the dedication and their premiums. There is no reason seniors in my district efforts of Senator BILL FRIST and my colleague This is inexcusable. Our seniors deserve to should check into a hospital overnight for a MIKE BILIRAKIS, and they are to be saluted, as be able to sign up for a plan with the knowl- procedure because of the exorbitant copay is the minority. This is a good bill, and I urge edge and comfort that it will not be ripped out they would face if it were done on an out- my colleagues to support it. from under them after a year's time. The cur- patient basis. HCFA should revise its interpre- f rent system simply presents seniors with false tation accordingly to include all the services hopes. provided to a beneficiary in the course of an MOTION TO INSTRUCT CONFEREES The fault for this situation lies with: HCFA, outpatient visit as envisioned by this year's ON H.R. 4577, DEPARTMENTS OF for not offering reasonable floor reimburse- Medicare ``giveback'' legislation. LABOR, HEALTH AND HUMAN ment rates, the HMOs, for seeking unreason- f SERVICES, AND EDUCATION, AND ably high profits above patient care, and with RELATED AGENCIES APPROPRIA- the Congress, for failing to attach any punitive CARDIAC ARREST SURVIVAL ACT TIONS ACT, 2001 measures to HMOs that pull out of certain OF 2000 counties when they arbitrarily decide they will SPEECH OF not meet their projected profit margin. SPEECH OF HON. BENJAMIN A. GILMAN Mr. PALLONE's motion is a good first step to- HON. TOM BLILEY OF NEW YORK ward solving this problem even though it rep- OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES resents the bare minimum of what the Con- gress should do to address this crisis. Last IN THE HOUSE OF REPRESENTATIVES Sunday, October 29, 2000 Thursday, October 26, 2000 year, the Congress sent $1.4 billion in addi- Mr. GILMAN. Mr. Speaker, I support the tional funds to HMOs so that they would re- Mr. BLILEY. Mr. Speaker, I strongly support motion to instruct on Medicare+Choice being main in the Medicare+Choice Program. Yet no H.R. 2498, the Public Health Improvement Act offered by the gentleman from New Jersey. accountability provisions were attached. The of 2000. This package, referred to by many as This motion will allow Medicare+Choice or- result was further pullouts this year. The the ``minibus,'' is composed of a number of dif- ganizations to offer Medicare+Choice plans House did the same thing last week with the ferent, but all very worthy, proposals designed under Part C of Title XVIII for a minimum con- Balanced Budget Act (BBA) giveback legisla- to improve our public health infrastructure. tract period of three years and to maintain the tion that was incorporated into the tax bill; ad- The first title of the bill, the Public Health benefits specified under the contract for the ditional funds for HMOs with no strings at- Threats and Emergencies Act, strengthens the three years. tached. I predict this latest action will meet nation's capacity to detect and respond to se- At the time the Medicare+Choice Program with the same results. rious public health threats, including bioter- was being developed, it seemed like a revolu- For the sake of those seniors who have rorist attacks and disease-causing microbes tionary concept that would greatly expand been left out in the cold by their Medi- that are resistant to antibiotics. Few things are services available under Medicare, while keep- care+Choice providers, I urge my colleagues more important than the ability to quickly and ing overall costs down. Regrettably, for far too to vote for this motion, and restore some com- effectively respond to outbreaks of infectious many seniors, Medicare+Choice has become mon sense and basic accountability to this diseases and bioterrorism. a false choice and a cruel joke. broken program. Also in the bill, thanks to the good work of In theory, Medicare+Choice sounded like a f the Chairman of the Health Subcommittee, Mr. good program. Private health maintenance or- BILILRAKIS, is the Twenty-First Century Re- ganizations (HMOs) would enter into contracts IN HONOR OF DR. HERBERT B. AN- search Laboratories Act. This bill responds to with the Health Care Financing Administration DERSON, PASTOR OF THE BRICK the fact that while our nation possesses the to provide services to seniors who signed up PRESBYTERIAN CHURCH, ON HIS best research institutions in the world, the infor membership. These services were included RETIREMENT frastructure of many of these facilities is out- in various benefit plans, the content of which dated and inadequate. The bill authorizes the varied with the premium price. The higher the HON. CAROLYN B. MALONEY NIH to make grants to build, expand, remodel premium, the more services it offered. It bears OF NEW YORK and renovate our nation's research facilities. noting however, that many of the benefits IN THE HOUSE OF REPRESENTATIVES The bill contains a number of other meri- packages initially came with little or no pre- torious provisions. We reform the certification mium cost to the individual senior. Moreover, Tuesday, October 31, 2000 process for organ procurement organizations, many of these plans offered extensive benefits Mrs. MALONEY of New York. Mr. Speaker, providing them with due process and better for such little cost, including prescription drug I rise today to pay tribute to Dr. Herbert B. An- performance-based measures; we provide bet- coverage. It sounded too good to be true. As derson, the Pastor of the Brick Presbyterian ter support for our nation's clinical research- history would show, this was precisely the Church in Manhattan, New York, on his retire- ers, so that we continue to attract and retain case. ment after twenty-two years of service to the leaders in patient-oriented research; and we Within the first year, many of the HMOs rec- church. Dr. Anderson will be honored for his require the NIH to enhance research efforts ognized that providing health coverage for many years at the church at a Festival Service for Lupus, Alzheimer's Disease, and Sexually seniors, especially prescription drug benefits, of Worship this upcoming November. Transmitted Diseases. was a highly expensive matter. Once the Dr. Anderson, recently confirmed to become I'd be remiss if I didn't acknowledge the books were balanced, it became apparent that Pastor Emeritus after his retirement, has dedi- hard work of my colleague, the gentleman the cost of providing these services was not cated his life to the Presbyterian Church. After from Florida, Mr. STEARNS, on the Cardiac Ar- being offset by the per patient reimbursement graduating from Chicago's McCormick Theo- rest Survival Act, which is critical life-saving being offered by HCFA. Being creatures of logical Seminary in 1954, Dr. Anderson began legislation. Sudden cardiac arrest kills more profit, the various HMOs began to take one of his career as a young pastor at the First Pres- than 250,000 Americans every year. Many of two courses of action. They either received byterian Church in Harrison, Arkansas. After these lives could be saved by immediate permission to drastically raise their premium five years in this position, he moved onto the defibrillation. In our Committee investigations, rates, as much as 1,500 percent in some Southminister Presbyterian Church in Tulsa, we found that counties with defibrillation pro- cases, or they conveyed their intent to HCFA Oklahoma, where he served as pastor for grams were able to save up to 57% of cardiac to withdraw their services from areas which eight years. He then began preaching at the arrest victims. The legislation by Mr. STEARNS they deemed to be unprofitable, usually First Presbyterian Church in Lake Forest, Illi- would protect good Samaritans who use surburban and rural counties. nois, where he remained from 1967±1978 until defibrillators to help save the lives of our fel- My region, the 20th Congressional District of he moved to the Brick Presbyterian Church, low Americans. It also encourages widespread southeastern New York has been devastated where he has remained. use of defibrillators by removing the threat of by this process. When the Medicare+Choice Throughout his many years as a pastor, Dr. unlimited and abusive lawsuits, and by estab- Program was started, there were approxi- Anderson has served as a member and leader lishing guidelines for the placement of mately six HMOs for seniors in my district to of numerous religious organizations. Since defibrillators in Federal buildings. choose from. Today, none remain in Sullivan 1993, Dr. Anderson has been the Chairman of

VerDate 112000 06:23 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.025 pfrm04 PsN: E31PT1 October 31, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2041 the Federation of Protestant Welfare Agen- wage, increase the amount Americans can billion Congressional Budget Office (CBO) es- cies, Inc. He has also worked to promote save each year through an IRA, and to im- timate, and, in fact, will reach more than interfaith dialogue and understanding. In the prove add funds to Medicare and Medicaid $212 billion over the five-year life of the BBA. The subsequent Balanced Budget Re- early 1980s, Dr. Anderson served on the dele- programs. An important part of that Medicare finement Act of 1999 served only to restore a gations of the Appeal of Conscience Founda- package improves the reimbursement rates for modest $15 to $18 billion in payments back to tion to China, Argentina, and Hungary. In 1975 Medicare+Choice. This program offers more providers. Many providers have been forced he traveled to Nairobi, Kenya as the Delegate choices for seniors to decide what kind of into bankruptcy by these draconian cuts, to the Fifth Assembly, World Council of health care plan they prefer. The Medi- while others have been forced to close their Churches. Throughout the years, Dr. Ander- care+Choice managed care plans usually offer doors. son's extensive involvement in Presbyterian better services and benefits than traditional Cardiac surgeons saw over a 10 percent drop in their reimbursement and anesthesiol- and interfaith organizations has served as a MedicareÐmost importantlyÐthey can provide ogists experienced an 8 percent decline. In contribution to the already superior reputation prescription drug coverage to seniors who heavily penetrated Medicare and Managed of the Brick Presbyterian Church. cannot afford a Medigap policy. In my district, Care markets, such declining reimbursement Mr. Speaker, as a member of his congrega- nearly 60 percent of seniors who earn less can have a serious financial impact on many tion, I am confident that the work of Dr. Ander- than $20,000 per year who chose a Medi- providers. John DuMoulin, director of man- son will have a lasting effect on the Brick care+Choice plan. But in my state, Medicare aged care and regulatory affairs for The Presbyterian Church's congregation, whether it reimbursement for this program is half of what American College of Primary Care Physi- is through our recollection of a particularly cians—American Society of Internal Medi- places in New York or Florida receive. And cine, voiced his concern about the declining memorable sermon by Dr. Anderson, or New Mexico's rate is too low for the plans to Medicare reimbursement schedule by stating through the many wedding and baptism cere- continue to offer the same quality service. that the model was flawed, and called it a monies that Dr. Anderson has presided over. H.R. 5543 will correct that disparity. ‘‘mixed bag’’ of tricks. Although Dr. Anderson is retiring, his many This measure is strongly supported by New In communities like Albuquerque, New contributions to the Brick Presbyterian Church Mexicans, and I wish to bring your attention to Mexico, which has experienced a 15-physi- will continue to be appreciated for many years the attached article written by Bob Bada, that cian-per-month exodus due, in part, to poor to come. clearly illustrates the current situation and levels of physician-based Medicare reimbursement, access to quality healthcare is I congratulate Dr. Anderson on his inspiring need for this legislation and the need for a becoming a serious concern (New Mexico career and I wish him an enjoyable retirement. long term reform of Medicare. Hospital Association, January 2000). In addi- f THE DUAL EDGED SWORD OF MEDICARE REIM- tion, as reported in July, 2000, by the Amer- ican Hospital Association, 10 percent of the OMNIBUS INDIAN ADVANCEMENT BURSEMENT—THE MEDICARE PROVIDER AND HEALTH MAINTENANCE ORGANIZATION PER- nation’s nursing homes have filed for bank- ACT SPECTIVE ruptcy protection, and 35 percent of the na- (By Bob Badal) tion’s hospitals are losing money on inpa- SPEECH OF tient services (Healthcare Financial Manage- While the nation’s booming economy and ment, July 2000). Faced with escalating costs concomitant boosts in Federal tax revenues HON. DON YOUNG of as much as 8–10 percent due in part, to sci- over the past six to seven years has extended OF ALASKA entific/technological advances, higher drug the solvency of the current Medicare pro- IN THE HOUSE OF REPRESENTATIVES costs, and increases in union labor nursing gram to 2023, the baby-boom generation soon costs, hospitals are faced with a dilemma. Thursday, October 26, 2000 will begin to enter the program. Paying for They are scheduled to receive increases in the extended range of benefits for this in- Mr. YOUNG of Alaska. Mr. Speaker, as Medicare reimbursement of 1.1 percent, less crease in senior citizens will exact a large fi- chairman of the Resources Committee and than the market-basket rate of inflation in nancial toll. In 2025, 69.3 million elderly and author of title XV of H.R. 5528 as passed by fiscal 2001 and 2002. the House, I wish to make a statement to pro- disabled persons are expected to be eligible Public and provider confidence in HCFA’s for Medicare, up from 39 million today. The understanding of the relevancy and possible vide factual background and clarify congres- share of our nation’s gross domestic product sional intent as to the meaning and implemen- drastic consequences of their continued pres- spent on Medicare is projected to almost sure on provider reimbursement is not high. tation of that title. double from 2.7 percent in 1998 to 5.3 percent The Secretary of Interior has created alloca- To understand the reason why, one need only in 2025. Congress passed the Balanced Budget examine the misguided approach that HCFA tion pools for acreage entitlements of regional Act of 1997 (‘‘BBA’’) to secure the financial has used to determine the initial solvency corporations under sections 14(h)(1) and stability of the Medicare program by pro- estimates of Medicare: In 1998, following the 14(h)(8) of the Alaska Native Claims Settle- viding an estimated $115 billion in cuts, over passage of the BBA, the General Accounting ment Act (ANCSA) and conveyances to one five years, in spending to physicians, hos- Officer (GAO) generated new estimates that regional corporation under section 14(h)(1) pitals, nursing homes, and home health said that Medicare could remain solvent agencies. In addition, the BBA sought to pro- may have the effect of reducing the entitle- until 2008. In April 1999, the Bipartisan Com- vide alternative network and product choice mission on the Future of Medicare entered ments of all other regional corporations under to beneficiaries via Medicare+Choice plans. section 14(h)(8). Chugach Alaska Corporation the fray when it issued its report to the na- Medicare patients, as intended by the BBA, tion: Medicare would live until 2015, said the (Chugach) currently has significant entitlement would be able to elect coverage from Pre- commission. Then in early 2000, the Medicare remaining under its section 14(h)(1) allocation ferred Provider Organizations or private in- trustee issued yet another revised estimate and the Secretary believes Chugach is over- surers, or they could establish a medical sav- for the solvent life of Medicare—2023. That conveyed under its current section 14(h)(8) ings account, financed by the Health Care estimate lasted only a few weeks before the but allocations under section 14(h)(8) have not Finance Administration (‘‘HCFA’’), and pur- trustees admitted they had made a few cal- chase a high-deductible insurance policy. been finalized. In the event that any acreage culation errors. Medicare would be alive and With the benefit of hindsight, it is apparent kicking until 2025. (Healthcare Financial ultimately conveyed to Chugach as a result of that the BBA, and subsequent amendments, title XV would have the effect of reducing the Management, ‘‘Never Underguesstimate the have negatively affected not only the finan- Financial Future of Medicare,’’ Jeanne section 14(h)(8) allocations of other regional cial stability of Medicare providers, but also Scott, June 2000). corporations under current regulations, section the level of choice for the beneficiaries it is The formula used by HCFA to calculate 1506(a) provides that such reduction shall be mandated to protect. On this point, Senator physician payment creates extreme oscilla- charged solely against Chugach's final section Pete Domenici R–N.M., Chairman of the Sen- tions in the reimbursement scale. The swings 14(h)(8) allocation, notwithstanding such curate Budget Committee stated: ‘‘Seniors in are due in large part to HCFA’s use of a vari- many communities are treated like second- rent regulations, or other applicable law. ety of time periods—the current fiscal year, class seniors because their choice and access the calendar year and other time frames—to f to care is practically nonexistent. We have make calculations about physician payment. created a system of healthcare defined by SUPPORT FOR H.R. 5543 Part of the problem exists within the new the ‘haves’ and ‘have nots’ ’’. ‘‘sustainable growth rate system’’ enacted MEDICARE REIMBURSEMENT TO PROVIDERS by the BBA to help control expenditures for HON. HEATHER WILSON The BBA has created a surplus in funds for physician services under fee-for-service OF NEW MEXICO the Medicare Program over the past 2 years. Medicare. The growth rate system calculates IN THE HOUSE OF REPRESENTATIVES This surplus is a pyrrhic victory, however. the updates to the Medicare fee schedule Tuesday, October 31, 2000 The BBA has reached a surplus by effectively conversion factor, which is used to set stand- transferring a growing share of the risk to ardized reimbursement for specific service Mrs. WILSON. Mr. Speaker, the House re- the provider. The Medicare spending cuts categories. The problem, however, is that cently passed a bill to increase the minimum called for by the BBA far exceeded the $115 HCFA is using projected data on utilization

VerDate 112000 06:23 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A31OC8.028 pfrm04 PsN: E31PT1 E2042 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 2000 patterns and associated healthcare provider areas, but the payment reforms in the BBA, think of as their personal doctor or nurse. costs rather than current actual data in es- coupled with new regulatory requirements, However, 22 percent of beneficiaries said that tablishing each year’s sustainable growth have already had the unintended effect of they had to find a new personal doctor after rate. ‘‘Deliberate use of sustainable growth discouraging other health plans from partici- their plan withdrew, and 17 percent had to rate estimates that are based on knowingly pating, resulting in fewer choices for Medi- find a new specialist. Beneficiaries in tradi- flawed projections—even after actual data care beneficiaries overall. In 1999, the num- tional Medicare with no supplemental cov- have become available—is arbitrary and ca- ber of Medicare risk plans declined in re- erage were much less likely than others were pricious,’’ the AMA said in a March 4 letter sponse to changes in public policy under the to report having a personal doctor after their to Harriet S. Rabb, general counsel for BBA. An estimated 450,000 seniors were af- plan pulled out and more likely to report Health and Human Services. (Government fected in 1999 as 54 health plans announced having to change specialists. For markets and Medicine, ‘‘Data driving swings in Medi- their intent to reduce the size of the markets where provider financial viability is already care pay,’’ Susan J. Landers, AMNews staff. they served, and 45 did not renew their con- threatened by high percentages of uncom- May 17, 1999). tracts with HCFA. In January of this year, pensated care and dwindling commercial in- HEALTH MAINTENANCE ORGANIZATIONS AND another 41 Medicare+Choice plans announced surance payers, continuity of care is further MEDICARE+CHOICE REIMBURSEMENT FROM their intentions to leave the Medicare mar- diminished. MEDICARE ket, with 58 additional plans announcing a Impact on Patient Interactions: Time reduction in their service area. In addition, spent with Medicare patients on each visit is Before the BBA was passed, Medicare bene- many HMOs that remain have raised pre- ficiaries essentially were limited to a choice being reduced, and multiple visits for mul- miums or cut benefits to beneficiaries, in- tiple problems are being required. Some phy- between traditional Medicare coverage under cluding prescription benefits. Part A and Part B or HMO coverage. HCFA sicians selectively refer the more difficult, paid most Health Maintenance Organizations CONSEQUENCES costly cases to other physicians. Videos are (‘‘HMO’’) under the Medicare risk-based sys- When Providers and Medicare+Choice being substituted for face-to-face patient tem. Under this approach, HCFA generally plans pull out of markets on such a grand counseling and education. Cutting Amenities: Services for the con- paid an HMO a prospective amount equal to scale, the implications for seniors are tre- venience of patients are being dropped, such 95% of the average adjusted per capita cost mendous. Access to care, continuity of care, as arranging for community services, in-of- (AAPCC) of providing traditional coverage to cost of healthcare services, and provider/ fice phlebotomy and x-ray services, and Medicare beneficiaries in the county in Medicare HMO (both inpatient and out- incidentals such as post-procedure care kits. which they resided. This amount was ad- patient) ‘‘flight’’ are the paramount con- Screening and counseling are being cur- justed to reflect geographic differences in cerns of most Medicare beneficiaries (Modern tailed. Satellite offices are being closed. utilization and practice parameters, as well Healthcare, ‘‘The exodus escalates, Medi- Telephone consultations are being reduced, as certain demographic characteristics of en- care+Choice market pullouts to nearly double in 2001,’’ Benko, July 3, 2000). As Medi- with office staff returning more telephone rollees, such as gender, institutional status, care reimbursement to providers continues calls from patients. and age. Payment to most HMOs was risk- to fall far short of rates obtainable from pri- Impact on Access: Medicare patient loads based in that it was fixed, regardless of the vate payers, providers will increasingly are being reduced, limited or eliminated. total costs incurred by the HMO in fur- refuse to serve Medicare patients and/or will Some physicians accept Medicare patients nishing care to an individual beneficiary. reduce the quality of services rendered to only by referral. Money-losing services, espe- The Medicare payment rates to HMOs varied them. (Economic Commentary, ‘‘Medicare: cially surgical procedures, are not being of- significantly across the country. Thus, Usual and Customary Remedies Will No fered to Medicare patients. Simple proce- HMOs more actively pursued Medicare en- Longer Work,’’ April, 1997). For some pro- dures formerly performed in the office are rollees in areas where HMO rates tended to viders, this decrease in reimbursement may done in outpatient facilities. In addition, ac- be higher, typically in larger cities. Con- prove to be too costly, forcing them out of cess to specialists is decreasing. Specialists versely, market penetration by HMOs was business all together. Declining Medicare re- refer patients back to primary care physi- limited in other areas, particularly in rural imbursement to HMOs has had a similar ef- cians as soon as possible, and are less willing areas, where Medicare payments to HMOs fect, and has proven to be even more costly to become primary physicians for their were lower. Since Medicare HMO plans have to Medicare beneficiaries than Medicare cuts chronically ill patients. ‘‘Reimbursement traditionally offered enhanced benefits— in provider reimbursement. A study by the generosity from private insurance relative to such as prescription drug coverage and rou- Barents Group, Westat, and the Henry J. that from Medicare negatively affects physi- tine physicals—to their enrollees, the lower Kaiser Family Foundation, performed in cians’ assignment rates, implying that the availability of managed care options in rural 1998, providing data on 2,163 Medicare bene- elderly’s access to health care and/or the fi- areas meant that many rural beneficiaries ficiaries who were involuntarily disenrolled nancial burden is likely to be jeopardized by did not have access to the same benefits as from their Medicare risk HMO, confirms the further reductions in Medicare reimburse- urban beneficiaries did. (ProPac, Medicare implications of Medicare’s declining HMO re- ments.’’ (Journal of Aging Social Policy, and the American Health Care System: Re- imbursement methodologies, and subsequent ‘‘Physician case-by-case assignment and par- port to the Congress, June 1997; and PPRC, decreases in Medicare contracted HMOs. The ticipation in Medicare;’’ Zhang, 1997). Medicare Managed CARE: Premiums and study identified seven areas of concern: Technology lags: Many providers are not Benefits, April 1997). Benefit Reductions: Eighty-four percent of renewing or updating equipment used in Under the BBA, Medicare+Choice plans beneficiaries reported prescription drug cov- their office, but shifting to hospitals to per- would receive aggregate payments for the erage in their former HMO, but only 70% reform Medicare procedures. Purchases of year based on their geographic location and ported coverage after their plan withdrew. equipment for promising new procedures and the demographic characteristics of their en- Beneficiaries most likely to have lost one or techniques are being postponed or canceled. rollees. The BBA establishes that each coun- more benefits also were those most likely to ty’s payment is determined as the greater of have health problems and least able to pay SOLUTION (1) a local/national blend rate, (2) a national for those benefits. The disabled under age How should we design Medicare if we had it floor, or (3) a minimum update rate set at 2 sixty-five, those age eighty-five and older, to do over again? To restore the viability of percent above the previous year’s rate. and the poor and near poor were more likely the program’s promise to future generations, (Project HOPE Center for Health Affairs, to have moved to traditional Medicare with and to prevent the drop in access of quality, ‘‘Changes to Medicare risk plan payments as no supplemental coverage and were most cost effective healthcare for beneficiaries, a result of the Balanced Budget Act of 1997; likely to report losing benefits after the the American Medical Association’s ap- implications for budget neutrality [ab- transition. proach makes sense. Medicare funding, stract],’’ Schoenman, 1998). In addition, the Increased Out-of-Pocket Costs: Four of states the AMA, must be shifted from the BBA, through the use of a risk-adjustment every ten beneficiaries reported paying high- pay-as-you-go system to one in which bene- payment, attempts to reflect the relative er monthly premiums after their Medicare ficiaries have a larger responsibility to pro- health status of managed care enrollees, HMO left the market, with the share of bene- vide health insurance for their own retire- with plans getting more money for their ficiaries paying no premiums for supplement health care during their working years. sickest beneficiaries. Because this risk ad- mental benefits declining from 67 percent to Shifting out of a tax-based, pay-as-you-go justment model is based solely upon impa- 53 percent and the share of beneficiaries re- system to a system of private savings can as- tient hospital utilization gathered from porting premiums of $75 or more a month ris- sure that all working Americans have access Medicare risk contractors, there are some ing from 3 percent to 21 percent. Joining an- to health care in retirement. This does not genuine concerns regarding the administra- other Medicare HMO, however, does not ap- means, however, that government would not tive costs of gathering this data for HMOs, pear to protect beneficiaries against pre- have a major role to play. The government as well as concerns regarding inappropriate mium increases or cost concerns. One quar- would continue to make a substantial con- incentives. ter of those who joined another HMO re- tribution toward the purchase of insurance With the passage of the Balanced Budget ported paying higher premiums after switch- for the elderly and it would enforce require- Act, changes in the Medicare program re- ing HMOs and said they expect to have high- ments for individual saving. From a finan- quirements were designed to attract more er doctor and hospital expenses. cial standpoint, greater individual funding of managed care plans to the program. These Continuity of Care: Most beneficiaries (91 retirement health care has at least five ad- changes have resulted in new plans in some percent reported having one person they vantages over a government-based system:

VerDate 112000 06:23 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A31OC8.031 pfrm04 PsN: E31PT1 October 31, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2043 A private system would allow individuals ing 13 of its 15 Medicare HMO markets, af- gion, and his leadership in the Harlem com- to freely choose the types of health care fecting about 104,000 members, effective Jan- munity, will be sorely missed. plans that meet their particular needs. uary 1, 2001. Cigna cites Medicare payment f Individual funding would remove federal reductions mandated by the BBA have made budgetary considerations and the accom- it difficult for MCOs generally to offer bene- PERSONAL EXPLANATION panying extraneous budgetary issues from fits cost effectively. (Healthcare Financial government policy toward the system. Management, July 2000, ‘‘Cigna Drops Most Much of the funding of a private system Medicare HMOs’’). HON. NEIL ABERCROMBIE would be invested in economic activity in Carefirst Blue Cross and Blue Shield re- OF HAWAII the private sector, rather than in unfunded ports its intent to close Maryland’s largest IN THE HOUSE OF REPRESENTATIVES federal debt that must be repaid by subse- Medicare HMO by year-end, displacing 32,000 Tuesday, October 31, 2000 quent tax revenue. members. Carefirst blames the government’s A higher rate of return is possible with in- skimpy reimbursement rates, which it says Mr. ABERCROMBIE. Mr. Speaker, on Sun- vestment of funds in private sector economic aren’t keeping pace with medical cost in- day, October 29, 2000, I was unavoidably de- activity than in government debt instru- creases. tained and I was unable to vote on three roll- ments. Pacificare’s Secure Horizon plan will up- call votes. Had I been present, I would have And, above all else, provider as well as root 20,300 lives when it exits 15 markets in voted as follows: Rollcall 574ÐApproval of the Medicare+Choice HMO reimbursement would Arizona, Colorado, Texas and Washington. be appropriately set at free market competi- JournalÐ``yes''; rollcall 575ÐOne Day Con- The company has been changing its benefit tinuing ResolutionÐ``yes''; and rollcall 576Ð tive levels, as established by the consumer. offerings and boosting members’ premiums (Rethinking Medicare: A Proposal from the and copayments in an effort to offset reduced Pallone Motion to Instruct Labor-HHS Appro- American Medical Association—‘‘Solutions government payments. ‘‘For us to remain priations ConfereesÐ``yes.'' for Medicare’s Short-term and Long-term viable in the long term, congressional action On Monday, October 30, I was unavoidably Problems’’, February, 1998). is needed. We’ve been urging Congress for detained and I was unable to vote on the CONCLUSION over two years to increase funding for the seven rollcall votes taken. Had I been present, It is somewhat paradoxical to think that Medicare+Choice program,’’ says Robert I would have voted as follows: Rollcall 583Ð providers of healthcare and their long-time O’Leary, CEO Pacificare. (Modern Technical Corrections to Minimum Wage Leg- adversary, the HMO (or in this case, the Healthcare, July 10, 2000, ‘‘More Plans drop- islation/St. Croix IslandÐ``yes''; rollcall 582Ð Medicare+Choice HMO), actually may have ping Medicare HMOs’’). Previous QuestionÐ``no''; rollcall 581ÐRule to something in common. Providers of f healthcare and managed care organizations Allow Additional Continuing ResolutionsÐ ``yes''; rollcall 580ÐPrevious QuestionÐ``no''; agree that the Health Care Financing Ad- IN HONOR OF COMMANDER CHRIS- rollcall 579ÐHour of Meeting October 31 at ministration, and its reimbursement meth- TOPHER JENKINS OF THE NEW 6:00 p.m.Ð``no''; rollcall 578ÐPassage One odologies, have eliminated some of the in- YORK COUNTY AMERICAN LE- centive for providing quality, cost effective Day Continuing ResolutionÐ``yes''; and rollcall GION access to care for beneficiaries. Nevertheless, 577ÐApproval of the JournalÐ``yes.'' because there is only a finite amount of dol- f lars that HCFA can provide to the delivery HON. CAROLYN B. MALONEY of healthcare for beneficiaries, any short- OF NEW YORK IN HONOR OF THE NATIONAL AS- lived alliance between providers and HMOs IN THE HOUSE OF REPRESENTATIVES SOCIATION OF CUBAN-AMERICAN breaks down. Both parties will continue to WOMEN fight over available healthcare dollars. Tuesday, October 31, 2000 Worse yet, as the population ages and the Mrs. MALONEY of New York. Mr. Speaker, number of Medicare beneficiaries grows— HON. ROBERT MENENDEZ leading to a subsequent decline in Medicare I rise today to pay tribute to the late Chris- OF NEW JERSEY tax revenues per beneficiary—the battle for topher Jenkins, the former American Legion IN THE HOUSE OF REPRESENTATIVES government healthcare funding will in- New York County Commander, who passed Tuesday, October 31, 2000 crease. away this past summer. Mr. Jenkins, the first Most health care groups and analysts be- African-American ever to become the Com- Mr. MENENDEZ. Mr. Speaker, I rise today lieve Congress will allocate some additional mander of the New York County American Le- to honor the National Association of Cuban- money to Medicare fixes this year. The large gion, was an outstanding veterans' activist and American Women (NACAW) for promoting ex- budget surpluses, the greater-than-expected cellence and achievement for minority women. savings from 1997 Medicare cuts, and the leader in the Harlem community. A member of ``the Greatest Generation,'' Mr. NACAW's philosophy and focus has helped data supporting providers’ and managed create the support that is essential for building cares’ claims of financial pain make it dif- Jenkins served in the U.S. Navy during World ficult for lawmakers to ignore the problems. War II. Originally from Savannah, GA, Mr. a strong community. With an understanding ‘‘I think the surplus makes it easier to make Jenkins moved to Harlem after his military dis- that the individual is the building block for the corrections and to make a larger amount of charge and began a career with the New York success of every community, NACAW has corrections,’’ said Rick Pollack, executive City Department of Sanitation. He became a provided excellent support and guidance for vice president for the American Hospital As- Legionnaire at Harlem's Colonel Charles Cuban-American women, and for the commu- sociation. Bob Blendon, a health policy and Young Post No. 398 in the late 1940's. He nity as a whole. political analysis professor at Harvard Uni- In pursuit of its goals, NACAW has devel- versity, however, states that members of was elected the Post Commander in 1958 and was later reelected to this office more than 15 oped a comprehensive agenda: Congress ‘‘. . . may be concerned about pay- to work with other women's organizations to times. He was then elected New York County ing for tax cuts and a Medicare prescription develop a strong national platform in response drug benefit, as well as ensuring that Medi- Commander in 1975 and served until 1976. to common concerns; care cuts won’t have to be reinstated if the From 1992 to 1993 he served as the First Dis- surplus disappears.’’ Despite the cautious op- to serve as a forum for Cuban-American trict Commander, Department of the New York women and other minority women to ensure timism among providers, in a highly charged American Legion. In 1995, he was elected political environment like a presidential their participation and representation in na- election year, the issue remains undecided Vice Commander of the Department of the tional organizations; and unresolved, and the deterioration in New York American Legion, remaining in this to increase awareness of education and ca- service continues apace. office until his retirement from the Legion in reer opportunities for Cuban-American women Aetna U.S. Healthcare: 23 counties in 14 1996. and other minority women; states, 355,000 lives. Aside from his work with the local American to promote participation of Cuban-American Humana: 45 counties in 6 states, 84,000 Legion post, Mr. Jenkins was an extremely lives. women in Hispanic community service activi- Foundation Health Systems: 18 markets in well-liked leader in his Harlem neighborhood. ties; 6 states, 19,000. He was the founder of the Jackie Robinson and to accurately portray the characteristics, Oxford Health Plan: 6 Louisiana parishes, Senior Citizen Center's Chorale Group and ac- values, and concerns of Cuban-American 5,900. tive in numerous community and religious or- women. Gulf South Health Plans: 5 Louisiana par- ganizations. Since its founding, NACAW has sponsored ishes, 4,000. Mr. Speaker, I salute the laudable accom- a variety of important programs: United Healthcare: Bristol County, R.I., plishments and community activities of Chris- NACAW's Educational opportunities Center 1,700. Additional Pullouts pending: topher Jenkins. A proud, loyal, and dedicated disseminates information about post-sec- Cigna Corporation, Philadelphia Pennsyl- leader, Mr. Jenkins' gracious and friendly per- ondary programs, scholarships, and financial vania, announced last month that it is leav- sonality, his involvement in the American Le- aid sources.

VerDate 112000 06:23 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.033 pfrm04 PsN: E31PT1 E2044 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 2000 NACAW sponsors an annual awards cere- Terrorism is always unacceptable, and all de- Indian tyranny is through the democractic right mony that honors outstanding Cuban-Amer- cent people condemn it. of self-determination. We should go on record ican leaders, as well as leaders outside of the Thus, I read with interest this past weekend in support of an internationally-supervised community, who have contributed to the ad- that Canada had arrested two Sikhs, plebiscite in Punjab, Khalistan, in Nagalim, in vancement of Hispanics. Ripudaman Singh Malik and Ajaib Singh Kashmir, and wherever people in South Asia In order to maintain the tradition of ``Dia de Bagri, for this bombing. Unfortunately, I be- are seeking their freedom from this terrorist los Reyes Magos'' (``Feast of the Epiphany''), lieve that these two individuals are being government, to resolve their status the demo- NACAW has sponsored a number of toy-col- scapegoated. The book Soft Target, written by cratic way, by the vote. Democratic states lection campaigns for disadvantaged children. journalists Brian McAndrew of the Toronto don't practice repression and genocide, they I ask my colleagues to join me in honoring Star and Zuhair Kashmeri of the Tornoto decide issues by voting. Is India a democracy the National Association of Cuban-American Globe and Mail, shows that the Indian govern- or not? Women for their contributions to the Cuban- ment itself carried out this atrocity. The Council of Khalistan has issued a press American community and to the lives of minor- According to McAndrew and Kashmeri, the release on these arrests. I would like to insert ity women. Indian Consul General in Toronto, Mr. it into the RECORD for the information of the f Surinder Malik, pulled his wife and daughter American people. off the flight shortly before it took off. A friend CANADIAN GOVERNMENT ARRESTS INNOCENT SIKHS PERSONAL STATEMENT of the Consul General who was a car dealer EVIDENCE SHOWS INDIAN GOVERNMENT PLANNED, EXE- in Toronto also cancelled his reservation. An CUTED BOMBING OF AIR INDIA FLIGHT 182ÐPUNISH HON. FRANK MASCARA Indian government official named Siddhartha THE REAL CULPRITS, NOT THE SCAPEGOATS OF PENNSYLVANIA Singh was also scheduled on the doomed WASHINGTON, D.C., October 31, 2000Ð IN THE HOUSE OF REPRESENTATIVES flight and cancelled. Surinder Malik called the Despite strong evidence that the Indian gov- Canadian authorities about the crime before it ernment carried out the bombing of Air India Tuesday, October 31, 2000 was reported publicly that it had occurred to Flight 182 in 1985, killing 329 people, the Mr. MASCARA. Mr. Speaker, on October try to point them to a Sikh he claimed was on Royal Canadian Mounted Police (RCMP) ar- 30, 2000 I was unavoidably absent and the passenger list. The pilot of the flight was rested two Sikhs, Ripudaman Singh Malik and missed rollcall votes Nos. 580±583. For the a Sikh. Ajaib Singh Bhagri, in the bombing. Flight 182 record, I would have voted `àye'' on the roll- It looks like the Royal Canadian Mounted was piloted by a Sikh. call Nos. 580, 581, and 583. Police, who made the two arrests this week- ``The RCMP has never even considered the For the record, I would have voted ``no'' on end, were not open to the evidence that the evidence that this bombing was an Indian gov- rollcall vote No. 582, the Rule on S. 2485. Indian government was responsible, even ernment operation,'' said Dr. Gurmit Singh f though Canada's other investigate agency, the Aulakh, President of the Council of Khalistan, Canadian State Investigative Service, tried to the government pro tempore of Khalistan, the PERSONAL EXPLANATION warn them. Soft Target quotes a CSIS agent Sikh homeland that declared its independence as saying. `Ìf you really want to clear the inci- from India on October 7, 1987. He noted that HON. MIKE McINTYRE dent quickly, take vans down to the Indian the book Soft Target, written by two Canadian OF NORTH CAROLINA High Commission and the consulates in To- journalists, proves that the Indian government IN THE HOUSE OF REPRESENTATIVES ronto and Vancouver, load up everybody and carried out the bombing. This finding is con- take them down for questioning. We know it firmed by Canadian Member of Parliament Tuesday, October 31, 2000 and they knew it that they are involved.'' David Kilgour in his book Betrayed: The Spy Mr. MCINTYRE. Mr. Speaker, on October 28 Clearly, the objective was to damage the That Canada Forgot. According to Kilgour, a through October 30, 2000, I was in North Sikh freedom movement and raise the spectre Canadian-Polish double agent was recruited Carolina and was unavoidably absent for roll- of ``Sikh terrorism'' to justify another of India's by terrorists working with the Indian govern- call votes 570 through 581. Had I been campaigns of violence against the Sikhs. ment to help carry out a second bombing. The present I would have voted ``yes'' on rollcall Mr. Speaker, this is unfortunately not the agent declined and reported what had hap- votes 570 through 578, ``no'' on rollcall vote only case of Indian state terrorim. The repres- pened. 579, and ``yes'' on rollcall votes 580 and 581. sion of Christians, which has taken the form of According to Soft Target, the Candian State f burning churches, murdering priets, raping Investigative Service (CSIS) was so convinced nuns, burning a missionary and his two young of the Indian government's involvement that at PERSONAL EXPLANATION sons to death, and other atrocities, is well a meeting of the task force on the Air India known. In November 1994, the Indian news- bombing, one CSIS agent said, `Ìf you really HON. LUIS V. GUTIERREZ paper The Hitavada reported that the late want to clear the incident quickly, take vans OF ILLINOIS Governor of Punjab, Surendra Nath, was paid down to the Indian High Commission and the IN THE HOUSE OF REPRESENTATIVES over $1.5 billion by the Indian government to consulates in Toronto and Vancouver, load up foment state terrorism in Punjab and Kashmir. everybody and take them down for ques- Tuesday, October 31, 2000 In March, during President Clinton's visit to tioning. We know it and they know it that they Mr. GUTIERREZ. Mr. Speaker, I was un- India, the government murdered 35 Sikhs in are involved.'' avoidably absent from this chamber on Tues- the village of Chithi Singhpora, Kashmir. Two According to Soft Target, Surinder Malik, the day, October 24, 2000 when rollcall vote No. independent investigations and an Amnesty Indian Consul General in Toronto, pulled his 543 was cast and on Wednesday, October 25, International report have confirmed the gov- wife and daughter off the flight suddenly, 2000 when rollcall vote No. 551 was cast. I ernment's responsibility. claiming that his daughter had to do some ex- want the record to show that had I been Between 1993 and 1994, 50,000 Sikhs were aminations for school. A Toronto car dealer present in this chamber at the time these made to disappear by Indian forces. More who was a friend of the Consul General also votes were cast, I would have voted ``no'' on than 250,000 Sikhs have been murdered since canceled his reservation on Flight 182. each of these rollcall votes. 1984. Over 200,000 Christians have been Siddhartha Singh, head of North American af- f killed since 1947 and over 70,000 Kashmiri fairs for external relations in New Delhi, who Muslims have been killed since 1988, as well was visiting Indian officials in Canada, also REAL CULPRIT IN AIR INDIA as tens of thousands of Dalit `ùntouchables,'' suddenly cancelled his reservation. The book BOMBING IS INDIAN GOVERNMENT Assamese, Manipuris, Tamils, and others. As reports that Consul General Malik called the you know, Mr. Speaker, 21 of us wrote a letter police about the bombing to alert them to an HON. EDOLPHUS TOWNS in June calling for India to be declared a ter- ``L. Singh'' who was allegedly on the pas- OF NEW YORK rorist state. These are some reasons why we senger manifest even before the incident be- IN THE HOUSE OF REPRESENTATIVES said that. came public knowledge. Malik was one of sev- Mr. Speaker, India should be declared a ter- eral Indian diplomats Canada later asked to Tuesday, October 31, 2000 rorist nation and subjected to the penalties have removed from the country after CSIS un- Mr. TOWNS. Mr. Speaker, we are all that status brings. We should cut off our aid to earthed evidence of an Indian spy network. pleased that the Canadian government has India until it respects human rights. And Mr. CSIS agents believe that Vice Consul maintained an active investigation of the Air Speaker, the only way that Sikhs, Christians, Davinder Singh Ahluwalia laid the groundwork India bombing in 1985 that killed 329 people. Muslims, and other minorities will ever escape for the bombing. He was transferred in 1985.

VerDate 112000 06:23 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.037 pfrm04 PsN: E31PT1 October 31, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2045 ``India has practiced this kind of terrorism Supreme Court described the situation in Pun- On June 21 Members of the U.S. Congress both inside and outside Punjab, Khalistan, for jab as ``worse than a genocide.'' wrote to President Clinton urging him to de- a long time,'' Dr. Aulakh said. He noted that in About 50,000 Sikhs languish in Indian pris- clare India a terrorist state because of the re- March, during President Clinton's visit to India, ons as political prisoners without charge or pression against Christians, such as burning the Indian government murdered 35 Sikhs in trial. Between 1993 and 1994, 50,000 Sikhs churches, murdering priests, raping nuns, and the village of Chithi Singhpora, Kashmir. Two were made to disappear by Indian forces. independent investigations and an Amnesty More than 250,000 Sikhs have been murdered other atrocities. ``We must not let the Indian International report have confirmed the gov- since 1984. Over 200,000 Christians have government's terrorist apparatus repress the ernment's responsibility. In November 1994, been killed since 1947 and over 70,000 Kash- minorities and derail our just struggle for inde- the Indian newspaper Hitavada reported that miri Muslims have been killed since 1988, as pendence by labeling them terrorists,'' Dr. the Indian government paid the late Governor well as tens of thousands of Dalit ``untouch- Aulakh said. ``The time has come for the Sikh of Punjab, Surendra Nath, about $1.5 billion to ables,'' Assamese, Manipuris, Tamils, and oth- Nation to begin a Shantmai Morcha to liberate organize and support covert state terrorism in ers. ``Democracies don't commit genocide,'' Khalistan.'' Punjab, Khalistan and in Kashmir. The Indian Dr. Aulakh said.

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HIGHLIGHTS Senate passed Continuing Resolution. Senate agreed to Conference Report on Water Resources Development Act. The House passed H.J. Res. 121, Making Further Continuing Appropria- tions. Senate Government to facilitate the settlement of claims of Chamber Action former members of the Armed Forces against Japa- Routine Proceedings, pages S11383–S11443 nese companies that profited from the slave labor Measures Introduced: Two bills and two resolu- that those personnel were forced to perform for those tions were introduced, as follows: S. 3265–3266, and companies as prisoners of war of Japan during S. Con. Res. 157–158. Page S11423 WWII. Pages S11432±33 Measures Reported: Library of Congress Fiscal Operations Improve- S. 2665, to establish a streamlined process to en- ment Act: Senate passed H.R. 5410, to establish re- able the Navajo Nation to lease trust lands without volving funds for the operation of certain programs having to obtain the approval of the Secretary of the and activities of the Library of Congress, clearing the Interior of individual leases, except leases for explo- measure for the President. Page S11436 ration, development, or extraction of any mineral re- Continuing Resolution: By unanimous consent, sources, with an amendment in the nature of a sub- Senate passed H.J. Res. 121 making further constitute. (S. Rept. No. 106–511) Page S11423 tinuing appropriations for the fiscal year 2001, clear- Measures Passed: ing the measure for the President. Regulating Citizens Band Radio Equipment: Water Resources Development Act: Senate agreed Senate passed H.R. 2346, to authorize the enforce- to the conference report on S. 2796, to provide for ment by State and local governments of certain Fed- the conservation and development of water and re- eral Communications Commission regulations related resources, and to authorize the Secretary of the garding use of citizens band radio equipment, after Army to construct various projects for improvements agreeing to the following amendment proposed to rivers and harbors of the United States. thereto: Page S11427 Pages S11405±09 Grassley (for Feingold) Amendment No. 4354, in Small Business Tax Act Conference Report: Sen- the nature of a substitute. Page S11427 ate began consideration of the conference report on Internet False Identification Prevention Act: H.R. 2614, to amend the Small Business Investment Senate passed S. 2924, to strengthen the enforcement Act to make improvements to the certified develop- of Federal statutes relating to false identification, ment company program. Pages S11416±17 after agreeing to a committee amendment in the na- Earlier, Senate agreed to a motion to proceed to ture of a substitute, and the following amendment consideration of the conference report. proposed thereto: Pages S11427±32 Pages S11416±17 Grassley (for Collins/Feinstein) Amendment No. National Energy Security Act: Senate withdrew a 4355, in the nature of a substitute. Pages S11428±31 motion to proceed to consideration of S. 2557, to U.S./Japanese Claims Settlement: Senate agreed protect the energy security of the United States and to S. Con. Res. 158, expressing the sense of Congress decrease America’s dependency on foreign oil sources regarding appropriate actions of the United States to 50 percent by the Year 2010 by enhancing the D1157

VerDate 11-MAY-2000 05:55 Nov 01, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D31OC0.REC pfrm04 PsN: D31OC0 D1158 CONGRESSIONAL RECORD — DAILY DIGEST October 31, 2000 use of renewable energy resources, conserving energy tion Science for a term expiring July 19, 2005. (Re- resources, improving energy efficiencies, and increas- appointment) Page S11443 ing domestic energy supplies, mitigating the effect Messages From the House: Pages S11422±23 of increases in energy prices on the American consumer, including the poor and the elderly. Communications: Page S11423 Pages S11416, S11417 Statements on Introduced Bills: Pages S11423±24 Fire Administration Authorization: Senate con- Additional Cosponsors: Pages S11424±25 curred in the amendments of the House to the Sen- Amendments Submitted: Pages S11426±27 ate amendment to H.R. 1550, to authorize appro- Additional Statements: Pages S11421±22 priations for the United States Fire Administration for fiscal years 2000 and 2001, clearing the measure Privileges of the Floor: Page S11427 for the President. Pages S11433±36 Recess: Senate convened at 2:02 p.m., and recessed Nominations Received: Senate received the fol- at 6:37 p.m., until 9:30 a.m., on Wednesday, No- lowing nominations: vember 1, 2000. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s George Munoz, of Illinois, to be a Member of the Record on page S11437.) Board of Directors of the Inter-American Foundation for a term expiring September 20, 2004. C.E. Abramson, of Montana, to be a Member of Committee Meetings the National Commission on Libraries and Informa- No committee meetings were held. h House of Representatives ferees on H.R. 4577, Labor, HHS, and Education Chamber Action Appropriations on Wednesday, Nov. 1. Page H11668 Bills Introduced: 3 public bills, H.R. 5607–5609; Further Continuing Appropriations Resolutions: 1 private bill, H.R. 5610; and 1 resolution, H. Con. The House passed H.J. Res. 121, making further Res. 440, were introduced. Page H11716 continuing appropriations for the fiscal year 2001 by Reports Filed: Reports were filed today as follows: a yea and nay vote of 361 yeas to 13 nays, Roll No. Conference report on S. 2796, to provide for the 585. Pages H11669±75 conservation and development of water and related H. Res. 662, the rule that provided for consider- resources, to authorize the Secretary of the Army to ation of the joint resolution was agreed to on Oct. construct various projects for improvements to rivers 30, 2000. and harbors of the United States (H. Rept. Veto Message—Legislative Branch and Treasury 106–1020); and and General Government Appropriations Act, H.R. 1524, to authorize the continued use on 2001: Read a message from the President wherein he public lands of the expedited processes successfully transmitted his veto message on H.R. 4516, making used for windstorm-damaged national forests and appropriations for the Legislative Branch for the fis- grasslands in Texas (H. Rept. 106–1021). cal year ending September 30, 2001, and explained Pages H11624±68, H11716 his reasons therefore. Subsequently, the veto message Speaker Pro Tempore: Read a letter from the and the bill were referred to the Committee on Ap- Speaker wherein he designated Representative Barr propriations and ordered printed (H. Doc. 106–306). to act as Speaker pro tempore for today. Page H11623 Pages H11675±81 Journal: Agreed to the Speaker’s approval of the Suspensions: The House agreed to suspend the rules Journal of Monday, Oct. 30 by a yea and nay vote and pass the following measures: of 291 yeas to 70 nays with 1 voting ‘‘present’’, Roll Congressional Recognition for Excellence in Arts No. 584. Pages H11623±24 Education: S. 2789, to amend the Congressional Motions to Instruct Conferees: Representatives Award Act to establish a Congressional Recognition Holt, Wu, Hoekstra, and Schaffer notified the House for Excellence in Arts Education Board—clearing the of their intention to offer motions to instruct con- measure for the President; Pages H11683±86

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Health Care Fairness: S. 1880, to amend the ez Trace Parkway, Mississippi—clearing the measure Public Health Service Act to improve the health of for the President; Page H11707 minority individuals—clearing the measure for the Guam Omnibus Opportunities Act: Agreed to President; Pages H11686±97 the Senate amendment to H.R. 2462, to amend the Physicians Comparability Allowances: H.R. 207, Organic Act of Guam clearing the measure for the amended, to amend title 5, United States Code, to President. Page H11707 provide that physicians comparability allowances be Suspension—Proceedings Postponed: The Chair treated as part of basic pay for retirement purposes. announced that proceedings on the following motion Agreed to amend the title; Pages H11697±99 to suspend the rules debated on Oct. 30 will resume Special Immigrant Status for International on Nov. 1: Broadcasting Employees; S. 3239, to amend the Im- Violations of Human Rights in Central Asia: migration and Nationality Act to provide special im- H. Con. Res. 397, amended, voicing concern about migrant status for certain United States international serious violations of human rights and fundamental broadcasting employees clearing the measure for the freedoms in most states of Central Asia, including President; Pages H11699±H11701 substantial noncompliance with their Organization Extension of Farm Bankruptcy Provisions: H.R. for Security and Cooperation in Europe (OSCE) com- 5540, amended, to extend for 11 additional months mitments on democratization and the holding of free the period for which chapter 12 of title 11 of the and fair elections. Page H11706 United States Code is reenacted. Agreed to amend Senate Messages: Message received from the Senate the title; Pages H11701±04 today appears on page H11675. Coral Reef Conservation and Restoration Act: H.R. 2903, to assist in the conservation of coral Referrals: S. 2924 was referred to the Committee on the Judiciary and S. Con. Res. 158 was referred to reefs. Agreed to amend the title; and Pages H11704±06 the Committee on International Relations. Fort Matanzas, Florida National Monument: S. 1670, to revise the boundary of Fort Matanzas Na- Quorum Calls—Votes: Two yea-and-nay votes de- tional Monument—clearing the measure for the veloped during the proceedings of the House today and appear on pages H11624 and H11674–75. President. Page H11706 There were no quorum calls. Suspensions—Debated on Oct. 30: The House agreed to suspend the rules and pass the following Adjournment: The House met at 6 p.m. and ad- motions that were debated on Oct. 30: journed at 11:42 p.m. United States and Russian Federation Fishery Agreement: H.R. 1653, amended, to approve a gov- Committee Meetings erning international fishery agreement between the No committee meetings were held. United States and the Russian Federation. Agreed to f amend the title; Pages H11706±07 Dillonwood Giant Sequoia Grove Park Expan- COMMITTEE MEETINGS FOR sion: H.R. 4020, amended, to authorize an expan- WEDNESDAY, NOVEMBER 1, 2000 sion of the boundaries of Sequoia National Park to Senate include Dillonwood Giant Sequoia Grove. Agreed to No meetings/hearings scheduled. amend the title; Page H11707 Natchez Trace Parkway, Mississippi Bound- House aries: S. 2020, to adjust the boundary of the Natch- No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, November 1 10 a.m., Wednesday, November 1

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of H.J. Res. ation of the Conference Report on H.R. 2415, Bank- 122, Making Further Continuing Appropriations (closed ruptcy Reform, with a vote on the motion to close fur- rule, one hour of debate); ther debate to occur thereon. Also, Senate will consider Consideration of House Report (106–801), Resources a continuing resolution making further continuing appro- Committee Contempt Resolution; and priations for the fiscal year 2001, and may consider any Consideration of motions to instruct conferees on H.R. other cleared legislative and executive business. 4577, Labor, HHS, and Education Appropriations. (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 Gonzalez, Charles A., Tex., E2036 Moakley, John Joseph, Mass., E2036 Gutierrez, Luis V., Ill., E2044 Morella, Constance A., Md., E2034 Abercrombie, Neil, Hawaii, E2043 Hilleary, Van, Tenn., E2035 Riley, Bob, Ala., E2039 Bliley, Tom, Va., E2040 Jones, Stephanie Tubbs, Ohio, E2039 Stark, Fortney Pete, Calif., E2033, E2037 Condit, Gary A., Calif., E2037 McInnis, Scott, Colo., E2033 Tauscher, Ellen O., Calif., E2036 Dunn, Jennifer, Wash., E2036 McIntyre, Mike, N.C., E2044 Towns, Edolphus, N.Y., E2033, E2034, E2036, E2044 Everett, Terry, Ala., E2037 Maloney, Carolyn B., N.Y., E2039, E2040, E2043 Walden, Greg, Ore., E2037 Franks, Bob, N.J., E2035 Mascara, Frank, Pa., E2044 Wilson, Heather, N.M., E2041 Gilman, Benjamin A., N.Y., E2040 Menendez, Robert, N.J., E2034, E2043 Young, Don, Alaska, E2041

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