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, THURSDAY, OCTOBER 5, 2000 No. 123 Senate (Legislative day of Friday, September 22, 2000)

MORNING BUSINESS of Arts in Business Administration the South,’’ and selected as ‘‘SBA Dis- (Continued) from the University of Southern Mis- trict Employee of the Year.’’ f sissippi (USM), and later completed ad- In addition to personal accolades and ditional graduate studies in business at longstanding official service, Charlie RETIREMENT OF CHARLES A. the USM-Gulf Park Campus. generously has given of his time in GILLIS Prior to serving with the SBA, Char- many ways to improve his community. Mr. LOTT. Mr. President, I would lie was a small business entrepreneur He served as President of the Univer- like to acknowledge the upcoming re- in his own right, as owner and operator sity of Southern Mississippi’s Alumni tirement of Mr. Charles A. Gillis, who of Gillis Furniture in Gulfport. More- Association, as Chairman of the Har- will retire on October 20, 2000, as over, Charlie served as a furniture rison County Election Commission, and Branch Manager of the Gulfport manufacturers representative with reg- as Vice President of Governmental Af- Branch Office, United States Small ular travel assignments covering five fairs for the Gulfport Area Chamber of Business Administration (SBA). I know states. Throughout his private sector Commerce. Moreover, Charlie is an as- that I am joined by the entire business career, Charlie honed the business sociate member of Delta Sigma Pi Fra- community of South Mississippi, Char- skills that later made him such an in- ternity, and serves as a Mason, a lie’s colleagues at the SBA, and all valuable public sector resource to Shriner, Rotarian, and a charter mem- those who have had the privilege of other small business owners and opera- ber of Trinity United Methodist Church interacting with him over the years. tors. in Gulfport. I especially want to thank Charlie for Charlie began his tenure of service Charlie’s constant professionalism a long career of completely devoted with the SBA in July 1982, and has and vast knowledge will be greatly service to his community, the State of faithfully served the agency ever since. missed by the Small Business Adminis- Mississippi, and this Nation. I have His service in the SBA’s Gulfport tration, the South Mississippi business known Charlie for many years and Branch Office is especially important community and officials at every level have seen firsthand the substantial im- to me since the branch office was cre- of government, who have had the dis- pact his extensive knowledge and busi- ated after Hurricane Camille dev- tinct pleasure and benefit of his in- ness expertise have had on countless astated the Mississippi Gulf Coast and sight. Whenever called, Charlie always small businesses and the local economy its economy in 1969, and during my responds in a timely and effective man- of Southern Mississippi. service as Administrative Assistant to ner with eagerness, efficiency and cour- Charles Gillis’ ties to the Gulf Coast then Congressman William Colmer. tesy. Although I know he will miss run deep, as does his record of service Charlie has been recognized for his daily interactions with his co-workers and achievement. He is a life-long resi- continuous dedication to duty and his and colleagues, I also know that Char- dent of Harrison County and a grad- tireless community spirit. Over the lie, his wife Rose, and their family, will uate of Gulfport High School. Charlie years, he has been chosen as one of the have many opportunities to focus their served in the First Cavalry Division in ‘‘Outstanding Men in America,’’ recog- abundance of energy and exemplary Korea in 1951. He received his Bachelor nized as among the ‘‘Personalities of community spirit.

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VerDate 02-OCT-2000 23:03 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\G05OC6.047 pfrm02 PsN: S05PT2 S9934 CONGRESSIONAL RECORD — SENATE October 5, 2000 THE ACID DEPOSITION AND OZONE of acid deposition, and our under- of the approach is proven. The science CONTROL ACT OF 1999 AND EPA’S standing of the subject has since devel- indicates that we did not go far ANALYSIS OF S. 172 oped substantially. enough. The Acid Deposition and Ozone Mr. MOYNIHAN. Mr. President, I rise In 1990, I helped write Title IV of Control Act endeavors to build upon today to express concern and dismay Clean Air Act Amendments, which es- our accomplishments, and to begin the over the unwarranted delay of a crit- tablished a ‘‘Sulfur Dioxide Allowance work which remains to be done. ical analysis of S. 172, the Acid Deposi- Program.’’ Its creation represented a Mr. President, I ask unanimous con- tion and Ozone Control Act. This anal- radical departure from the traditional sent that my remarks and two recent ysis thoroughly documents the sub- ‘‘command and control’’ approach to articles on this issue be printed in the stantial benefits to be achieved, at environmental regulation, common at RECORD. comparatively insignificant costs, by the time. This program was the first There being no objection, the mate- passing S. 172. Unfortunately, we have national, statutorily-mandated, mar- rial was ordered to be printed in the received this information only after it ket-based approach to pollution con- RECORD, as follows: is too late to coordinate the bill’s pas- trol. It has been immensely successful. [From the Poughkeepsie Journal, Sept. 20, sage this year. We can be proud of these accomplish- 2000] I first asked the Environmental Pro- ments, but we have a long way to go RELEASE STUDY ON ACID RAIN tection Agency (EPA) to analyze the yet. Since 1990 we have learned, for in- Why is the government withholding docu- impacts of S. 172 in 1998. Specifically, stance, that the sulfur dioxide (SO2) ments that could shed light on how best to EPA was asked to calculate the costs emissions reductions required under deal with the ravages of acid rain? and benefits of the legislation with re- the Clean Air Act Amendments of 1990 Remarkably, that’s the case now involving gard to effects on human health, envi- are insufficient to prevent continued a federal Office of Management and Budget damage to human health and sensitive report. The report likely shows a remedy put ronment and the business community. forth by Sen. Daniel Patrick Moynihan EPA completed the report in March, ecosystems. NAPAP has reported that won’t be too financially onerous on the util- 2000 and submitted it to the Office of forests, streams, and rivers in the ity industry, a leading cause of acid rain, ac- Management and Budget (OMB) for Front Range of Colorado, the Great cording to the Adirondack Council. But it their review. Unfortunately, OMB Smoky Mountains of Tennessee, the would better protect the environment, the withheld the analysis for six months San Gabriel and San Bernardino Moun- environmental group states. despite the fact that co-sponsors in tains of California are also now show- Acid rain occurs, in part, when polluting both the House and Senate requested ing the effects of acidification and ni- emissions from utility plants are carried in trogen saturation. We have learned the wind hundreds of miles from their origin, the report’s release in letters to Direc- often causing smog. They also can mix with tor Jacob Lew. We have EPA’s report that nitrogen oxides (NOX), which we water vapor, falling as the acid rain that today because Representative DAN largely ignored nine years ago, are sig- kills lakes and aquatic life in the Adiron- BURTON, Chairman of the House Com- nificant contributors to our nation’s dack and Catskill regions and elsewhere. mittee on Government Reform, was air quality deficiencies. And finally, we Council officials express concern the White willing to subpoena the report. I am have demonstrated that legislation House is putting the lid on the OMB study disappointed that this course of events containing regulatory flexibility and because it could show just how ineffective had to occur. market incentives is highly effective. government efforts to curb acid rain have Nonetheless, I am quite pleased with S. 172, which I first introduced with been. It also might demonstrate why more environmental regulations must be imposed the results of EPA’s analysis. Not only Senator D’Amato in 1997, seeks to build on Midwestern utilities in particular, some- would S. 172 significantly improve visi- upon this new body of knowledge, com- thing that won’t play well in those states bility and the state of ecosystems sen- bining the best and most current sci- right before the national presidential elec- sitive to acid rain and nitrogen load- entific evaluation of our environ- tion. ing, but it would produce approxi- mental needs with the most effective ‘‘OMB is stonewalling while Adirondack mately $60 billion in public health ben- and efficient regulatory framework. lakes continue to die,’’ said Timothy Burke, efits annually and save 10,000 lives each Today, S. 172 is cosponsored by Sen- executive director of the council. At issue are Moynihan’s suggested changes year. All this for an additional cost to ators SCHUMER, JEFFORDS, LIEBERMAN, to a federal program intended to convince utilities of $3.3 billion. What a tremen- REED, DODD, KERRY, FEINSTEIN, LAU- power producers to run cleaner generating dous service we could do to society by TENBERG, KENNEDY, BOXER, and WYDEN. plants. Under the 1990 Clean Air Act, the En- simply passing this legislation. If we In the House, the bill is sponsored by vironmental Protection Agency program don’t, an epidemic could ensue. For ex- Representatives BOEHLERT and gives utilities a financial incentive by allow- ample, according to EPA an DGAO, SWEENEY, and co-sponsored by 48 House ing them to sell pollution credits to other 43% of the lakes in New York’s Adiron- Members. companies. The program has been fairly suc- dack Park will become acidified by 2040 These are my final days in this great cessful in New York, allowing utilities here legislative body, and I will surely cher- to reduce pollution below the federal maxi- even with the reductions mandated by mums and then sell unused pollution credits the 1990 Clean Air Amendments. ish the accomplishments we have made to out-of-state utilities. By purchasing the As far back as the 1960s, fisherman in through the years. Today, I ask my credits, some utilities can stay within EPA the Adirondacks began to complain friends and colleagues to continue the pollution guidelines and avoid huge fines. about more than ‘‘the big one that got push to protect our nation’s public Thus it’s more cost-effective for them to away.’’ Fish, once abundant in the pris- health and environment from critical continue to buy the credits rather than tine, remote Adirondack lakes, were pollutants such as nitrogen oxides, sul- make expensive alterations to their plants to not just getting harder to catch—they fur dioxide, mercury and carbon diox- cut emissions. were gone. ide. It is my understanding that the Problem is, many of these utilities are lo- cated in the Midwest and are believed to be When I entered the Senate in 1977, able Chairman of the Environment and major contributors to acid rain. This year, there was much we needed to learn Public Works Committee, Senator BOB New York lawmakers took it upon them- about acid rain. So I introduced the SMITH, has indeed made this commit- selves to close the loophole by passing a law first Federal legislation to address our ment and I commend him for it. prohibiting utilities in this state from sell- ‘‘knowledge deficit’’ about acid rain— As I mentioned before, I am dis- ing credits to utilities in the Midwest. But the Acid Precipitation Act of 1979. My appointed that the release of important that will only go so far to fight acid rain, un- bill was enacted into law as Title VII of information regarding the effects of S. less other Northeastern states follow suit. the energy Security Act, which Con- 172 was withheld for so long. However, SOLUTION CAN’T WAIT ANY LONGER gress passed in June 1980. Title VII es- now that we have this information, we And it’s clear dramatic changes are needed tablished the National Acid Precipita- must act upon it and pass legislation soon. Hundreds of Adirondack lakes and tion Assessment Program (NAPAP), an that goes beyond our clean air achieve- streams have been killed by acid rain, and interagency program charged with as- ments so far. The SO Allowance Pro- they’ll never recover. And for years, environ- 2 mentalists have projected that 40 percent of sessing the causes and damages of acid gram established by the Clean Air Act the lakes will be dead within 50 years. Most deposition, and reporting its findings Amendments of 1990 has achieved ex- recently, the U.S. General Accounting Office, to Congress. NAPAP spawned tremen- traordinary benefits at costs less than the independent investigative arm of Con- dous academic interest in the subject half of initial projections. The efficacy gress, said the Adirondacks have been socked

VerDate 11-MAY-2000 23:08 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.093 pfrm02 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9935 with so much acid rain, the fragile mountain found that without sharp new curbs on acid Pending rail legislation and the STB’s soil can no longer soak up the pollutant ni- rain, half of the Adirondack lakes will no future will be no exception. trogen oxide. And that means the nitrogen longer be able to support aquatic life in 40 My colleagues from North Dakota oxide is flowing into Adirondack lakes at a years. Already it is too late to save some and West Virginia referred to a letter more rapid rate than previously believed. ponds and lakes that have been contami- with 277 signatures seeking rail regu- Moynihan and the rest of the state’s con- nated by nitrogen oxide. The pattern will gressional delegation are proposing a 50-per- continue unless prompt action is taken. As latory changes. I am in receipt of that cent cut in emissions beyond what’s called our series noted, state leaders and the New letter. But I am also in receipt of lit- for under the credit allowance program. York congressional delegation have made a erally hundreds of letters—letters from They would do so by halving the amount of strong bipartisan effort to combat the prob- Governors, rail shippers, and others— sulfur dioxide that can be produced through lem. Now it is Congress’ turn. No one state strongly opposing any rail reregulatory the purchase of one pollution credit. Before can stop acid rain on its own. But Congress efforts. congressional leaders are willing to consider can, and should, provide the necessary fed- To allege the Senate Commerce Com- the measure further, however, they want to eral remedy. The EPA has just given 55 bil- mittee doesn’t take the issue of rail know the potential costs of the legislation. lion reasons to act now. service seriously is a gross Fair enough. The Adirondack Council says f the study will show the costs won’t be astro- misstatement. The fact is, and I will repeat it, there is no consensus. A bill nomical to the utilities, pointing out they RAIL SERVICE ISSUES were greatly off base on their projections of supported by only five members is not how much the original allowance program Mr. MCCAIN. Mr. President, I would a solution, but it does allow those would cost their businesses. like to discuss a subject of great impor- sponsors to sound high and mighty The Office of Management and Budget tance to our nation and its economy, about their good intentions. could shed light on this important matter. that is rail transportation. In order to pass a bill and send it to But the only way that will happen is if Presi- Earlier today, a few of my colleagues the President, we clearly have a long dent Clinton shows sufficient political cour- expressed views alleging a failure by way to go. But I remain optimistic, and age to order the study to be released. He should do so immediately. this Congress for not passing legisla- as a deregulator, stand ready to sup- tion to regulatorily address rail service port any proposal that fairly and safely [From the Albany, New York, Times Union, and shipper problems. As Chairman of balances the needs of shippers and car- Oct. 4, 2000] the Senate Commerce, Science, and riers. ACID RAIN BOTTOM LINE—A NEW EPA STUDY Transportation Committee, I want to f SHOWS JUST HOW AFFORDABLE IT IS TO set the record straight concerning the POLICE REFORM IN NORTHERN FIGHT POLLUTION work of the Committee to address serv- IRELAND How much would it cost to keep Adiron- ice and shipper problems. dack lakes from dying from acid rain? How Since becoming Chairman of the Sen- Mr. DODD. Mr. President, yesterday, much to spare thousands of Americans who ate Commerce Committee, the Com- an op-ed on police reform in Northern suffer respiratory illnesses caused by the mittee has held no less than six hear- Ireland written by my friend and col- smokestack pollutants that contribute to ings during which rail service and ship- league Senator KENNEDY appeared in acid rain? New York Sen. Daniel Patrick the Washington Post. In that op-ed Moynihan put those questions to the Envi- per issues were addressed. Three were Senator KENNEDY very concisely and ronmental Protection Agency two years ago, field hearings, one each in Montana, as he and Rep. Sherwood Boehlert, R-Utica, North Dakota, and Kansas. Three hear- eloquently stated why it is so impor- struggled to push through strict new federal ings were conducted here in the Senate tant that meaningful police reform limits on emissions of nitrogen and sulfur at which the topic of rail service domi- happens in Northern Ireland. As all of that drift from power plants in the Mid-west nated the testimony and members’ our colleagues know full well, Senator and South and descend on the Northeast, questioning. I also have publicly stated KENNEDY has worked tirelessly to pro- causing health problems in populated areas a willingness for the Committee to mote peace and reconciliation in and killings trees and aquatic life in the Adi- hold even more hearings. Northern Ireland for many years. It has rondacks and other pristine regions. been an honor to work closely with Now, after an unjustified delay by the Clin- Further, Senator HUTCHISON, the ton administration that some critics are at- Chairman of the Surface Transpor- him in that effort and I commend him tributing to election-year politics, the EPA tation Subcommittee, and I requested for his leadership on this issue. Need- report is finally public, thanks to a subpoena the Surface Transportation Board less to say I agree completely with him issued by the House Government Reform (STB) to conduct a comprehensive that the recommendations of the Pat- Committee. And the price tag turns out to be analysis of rail service and competitive ten Commission must be fully imple- so affordable that any further delay in reduc- mented, to ensure a genuine new begin- ing smokestack pollution is indefensible. issues. The STB is the federal agency which oversees rail service and other ning for a police force in Northern Ire- The bottom line: $1. That is how little the land that will be acceptable to the average household monthly utility bill would matters. The Board’s findings are ex- rise if the Moynihan-Boehlert bill were law. tremely important and they were wide- Catholic community. But time is running short, Congress has ly discussed during our Committee I hope and pray that those who are only a few days left to conclude its business hearings last year. In addition, earlier currently playing a role in the legisla- this year, and there are no encouraging signs this year the Board announced it would tive process in the British Parliament that lawmakers will give the Moynihan- conduct a proceeding to change its take time to reflect upon the thoughts Boehlert bill the prompt attention it de- merger guidelines in recognition of the expressed in this very important op-ed. serves. I would ask unanimous consent that a But they should. The EPA report not only drastically changed rail industry dy- copy of Senator KENNEDY’s article be makes a convincing case for stricter pollu- namic that has transformed since the tion controls, but it also spells out the bene- rail deregulation movement of the late printed in the RECORD at the conclu- fits that the nation—not just the North- 1970’s and the 1980’s. The Board an- sion of my remarks. I would urge all of east—stands to reap in return. In a cost-ben- nounced its new guidelines proposal our colleagues to take a moment to efit analysis sought by Mr. Moynihan, the earlier this week and will be taking read it when they have the opportunity EPA pegs the benefits of reducing acid rain comments on the proposal through No- to do so. at $60 billion, compared with $5 billion that There being no objection, the article power plants would have to pay to meet the vember 17. Three very diverse bills concerning was ordered to be printed in the tighter emissions standards. That’s a $55 bil- RECORD, as follows: lion payback, as represented in savings on the STB’s authorities have been intro- [From the Washington Post, Oct. 4, 2000] treating chronic bronchitis, reducing emer- duced in the Senate and another bill gency room visits for asthma and elimi- was submitted in the House. However, A POLICE FOR ALL IN N. IRELAND nating 1.5 billion days of lost work each year to date no consensus on a legislative (By Edward M. Kennedy) because of respiratory illnesses. There would approach has been achieved. I have had This month Britain’s House of Lords will be scenic improvements as well as the at- the privilege to serve in Congress near- have the opportunity to improve the flawed mosphere cleared over national treasures legislation approved by the House of Com- like the Adirondacks and the Shenandoah ly twenty years and during that time I mons in July to reform the police force in and Great Smoky Mountains national parks. have learned that significant legisla- Northern Ireland and give it the support and In the Adirondacks, the struggle is a life- tion is always the product of careful respect it needs from the Catholic commu- and-death one. A recent Times Union series analysis and bipartisan compromise. nity.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.095 pfrm04 PsN: S05PT2 S9936 CONGRESSIONAL RECORD — SENATE October 5, 2000 The case for reform is clear. The current ment Administration, was recently named I admired former Prime Minister force—the Royal Ulster Constabulary oversight commissioner. He should be free to Trudeau for his dedication to his coun- (RUC)—is 93 percent Protestant. The vast comment on the adequacy of British deci- try, to the rule of law, and to the bet- majority of Catholics, who make up more sions in implementing the Patten Report— terment of the world. In his moving than 40 percent of the population in North- not just oversee the changes made by the ern Ireland, do not support it because it does government. tribute at his father’s funeral earlier not represent them or protect them and has Accountability: Patten recommended a this week, Justin Trudeau said, ‘‘My too often failed them. new policing board to hold the police ac- father’s fundamental belief never came Many Catholics believe the RUC has been countable and an ombudsman to investigate from a textbook, it stemmed from his involved in a long-standing ‘‘shoot-to-kill’’ complaints against and wrongdoing by the deep love and faith in all Canadians.’’ policy. Questions continue about collusion of police. Restrictions on the board’s power to Pierre Trudeau led Canada at a tu- the RUC with Protestant paramilitaries in initiate inquiries and investigate past com- multuous time in its history and in the the murder of Patrick Finucane, a defense plaints should be eliminated, as should the attorney shot dead in front of his wife and British government’s power to interfere in history of the world. In 1970, he was children in 1989. In 1997 RUC officers stood by its work. The ombudsman should be able to confronted with a terrorist, separatist as Robert Hamill, a young Catholic, was investigate police policies and practices—not threat from Quebecois extremists. kicked to death by 30 Protestants shouting just report on them. Prime Minister Trudeau—who, in Ca- ‘‘kill him’’ and ethnic slurs. The RUC was On June 15 British Secretary of State for nadian history, was at the time, only shamefully inactive when death threats were Northern Ireland Peter Mandelson wrote, ‘‘I its third of Quebecois descent himself— made against another defense attorney, remain absolutely determined to implement was a dedicated federalist and, even Rosemary Nelson, who was later murdered the Patten recommendations and to achieve when her car was blown up as she drove to the effective and representative policing more fundamentally, dedicated to the work last year. Many other examples could service—accepted in every part of Northern rule of law. He faced down the terror- be cited to demonstrate why Catholics dis- Ireland—that his report aims to secure.’’ ists, and since then issues of sepa- trust the police. This determination has yet to be convinc- ratism have been dealt with at the bal- Northern Ireland’s 1998 Good Friday agree- ingly demonstrated. lot box. While he successfully defended ment presented a historic opportunity to Full implementation of the recommenda- the rule of law, Canadians recognize change all that—to reform the police service tions of the Patten Commission is essential the advances he instituted to preserve and make it representative of the entire to guarantee fair law enforcement and to Canada’s unique cultural diversity. community. Under the agreement, an inde- create a new police service that will have pendent eight-member international com- and deserve the trust of all the people of Mr. Trudeau had a different view of mission was established, led by a former Northern Ireland. It will be a tragedy if this geopolitics than did most of the Amer- chairman of the British Conservative Party, opportunity to achieve a new beginning is ican administrations with which he Christopher Patten. Its mission was to pro- lost. dealt. It is said that he succeeded, at pose an alternative and create a community- The writer is a Democratic senator from times, in aggravating U.S. presidents oriented, human rights-based police service Massachusetts. from Nixon to Reagan. that Catholics and Protestants alike would f be prepared to join. In September 1999, the Some of this had to do, in my opin- Patten Commission published its unanimous PIERRE ELLIOT TRUDEAU ion, with the nature of the relationship report containing 175 recommendations for Mr. HATCH. Mr. President, it is often between our countries. While Canada is change. said that Canada and the U.S. share the the second largest political land-mass The assertion has been made that in the in the world, its population is small, current legislation, the British government longest undefended border in the world. While this is repeated so often it has approximately one-tenth of ours, and will implement 95 percent of the Patten’s its economy is dwarfed by ours. In fact, recommendations. But quantity does not become a cliche, like all cliches, there measure quality. In fact, the most signifi- is a fundamental truth in it. In this the former Prime Minister famously cant reforms recommended by the commis- case, the fundamental truth is a strik- said once: ‘‘Living next to you is in sion are not adequately implemented in the ing geopolitical reality which Ameri- some ways like sleeping with an ele- legislation. cans do not always appreciate. The phant. No matter how friendly and The commission’s task was to balance the peace we enjoy in North America is even-tempered is the beast, one is af- desires of each community against what is fected by every twitch and grunt.’’ necessary to create a fair and representative largely a function of this border. police force. The recommendations of the With our neighbor to the north, we While Mr. Trudeau held sub- Patten Commission reflected those com- share a border of approximately 4,000 stantively different views on the world promises. Patten is the compromise. It must miles, a border that runs through New than many American leaders, he dem- not be diluted. England and the Great Lakes, through onstrated that policy disputes can Unfortunately, the British government has the great forests, plains, and moun- exist and nations remain civilized and done just that. It has made unwise conces- tains, and along the Alaskan frontier respectful. And that is how I think of sions to those of the Protestant majority former Prime Minister Pierre Trudeau. who still view the police as ‘‘theirs,’’ and to of this rich North American continent. the police themselves, who have always re- Mutually respected sovereignty is the In closing, I wish to note another sisted reform. If the new police service is to fundamental basis of peaceful inter- story his son, Justin, told at his fa- succeed, it must represent and be accepted national discourse. But I will add that ther’s funeral this week. He recounted by the community it serves. Catholics must an undefended border makes for the how, as a child, his father took him one be convinced they should support and join it. warmest of relations, and the greatest day for lunch at the cafeteria in Otta- Otherwise, the entire Good Friday agree- of respect. wa’s Parliament. There, young Justin ment is in jeopardy. saw a political rival of his father and As the legislation is considered by the Last Thursday, Canada lost perhaps House of Lords, the British government its best known Prime Minister of re- made a childish crack about him to his should propose changes to implement fully cent times, when Pierre Elliott dad. His father sternly rebuked him the Patten recommendations. Among the Trudeau died, at the age of 80. For the and, according to his son, said ‘‘You most obvious: past week, our neighbors to the north never attack the person. You may be in Name, badge and flag: As Patten rec- have been in mourning, and I stand total disagreement with the person; ommended, to attract Catholics, the police today to pay my respects to the family however, you shouldn’t denigrate force should have a neutral name and sym- him.’’ That day, Pierre Trudeau taught bols. The legislation should ensure that the of former Prime Minister Trudeau and proposed name change to the neutral ‘‘Police to all the citizens of the country he his son, who is now a teacher, that Service of Northern Ireland’’ is made for all served with singular dedication. ‘‘having different opinions from those purposes, not just some purposes. The badge Mr. Trudeau and I did not share a of another person should in no way should be free of any association with Great common political tradition, nor did we stop you from holding them in the Britain or Ireland, and the British flag share a political ideology. This does greatest respect possible as people.’’ should no longer fly above police buildings. not diminish my respect for the man That is the principle of a civilized Oversight Commissioner: Patten rec- and his work one bit. I note, with ap- man, and the practice of a civilized na- ommended the appointment of an oversight commissioner to supervise the implementa- preciation, that one of Mr. Trudeau’s tion. As the world bids adieu to Pierre tion of its recommendations. Thomas Con- mottos was ‘‘reason before passion,’’ a Trudeau, I extend my deepest condo- stantine, former New York State police chief principle I certainly believe conserv- lences to his family and to all the good and former head of the U.S. Drug Enforce- ative lawmakers would share. citizens of our great neighbor Canada.

VerDate 11-MAY-2000 23:08 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.087 pfrm02 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9937 THE INTERIOR APPROPRIATIONS bill also provides a good deal of funding we act, Democrats in the Senate will BILL AND THE CONSERVATION for Virginia projects that are particu- read the names of some of those who AND REINVESTMENT ACT larly worthy. But we could have done have lost their lives to gun violence in Mr. ROBB. Mr. President. I would better, we could have done more. And I the past year, and we will continue to like to say a few words about the Inte- regret that the Senate has not yet do so every day that the Senate is in rior Appropriations bill and CARA. The risen to the occasion, that we did not session. Interior Appropriation is a good bill. complete this important work. Senator In the name of those who died, we CARA is a great bill. CARA brought to- LANDRIEU, like the gracious lady that will continue this fight. Following are gether a variety of supporters from all she is, has not asked CARA sponsors the names of some of the people who parts of the country to develop a pro- and supporters to withhold our support were killed by gunfire one year ago gram that would provide for wildlife for the Interior Appropriation, and for today. protection, urban parks, green space, the sake of the Virginia projects in the October 5, 1999: coastal impact protection and would bill I will vote for the Appropriation. Norman P. Blasco, 47, Chicago, IL; guarantee funding for the development But, I will pledge to keep working for Guy Colbert, 25, Detroit, MI; Daniel of recreation areas for years to come. the passage of CARA in the final days Galloway, 39, San Antonio, TX; Justin Elements of CARA have been in- of the session. Eric Googenrand, 23, St. Paul, MN; cluded in the Interior bill, although the I ask unanimous consent that this Denise Long, 41, Nashville, TN; funding for these provisions is paltry statement be included in the RECORD. Shawndell Mosely, 27, Memphis, TN; by comparison to the House and Senate There being no objection, the mate- Donald Roper, 34, Oakland, CA; and CARA bills. Other provisions may find rial was ordered to be printed in the Theodore Slater, 87, Toledo, OH. a home in other appropriations pack- RECORD, as follows: One of the victims of gun violence I ages, but one of the most important VIRGINIA ORGANIZATIONS SUPPORTING CARA mentioned, 41-year-old Denise Long of elements may be orphaned in the end. AFS—Virginia Chapter; American Bass As- Nashville, was shot and killed acciden- That is the provision for wildlife and sociation; Anderson Cottage Bed & Break- tally by a 22-year-old co-worker who habitat protection. Just as we are fast; Augusta Bird Club; Burke Center Wild- pulled out a handgun and dropped it on cheering our success in securing a life Committee; Carl Zeiss Optical, Sports the floor. Her co-worker did not have a place for wildlife, as we celebrate a Optics; Clarke County Citizen Council. permit to carry a handgun. She also Duck Island Enterprises, Inc.; Evergreen growing population of eagles on the Po- Bed & Breakfast Inn; Fair View Bed and did not have permission to have the tomac River, we are failing to fund the Breakfast; For the Birds, Inc.; Friends of gun at their place of work. programs that make this possible. Dragon Run State Park; Friends of Shen- We cannot sit back and allow such State wildlife agencies have clearly andoah River; Friends of the North Fork senseless gun violence to continue. The demonstrated their ability to bring Shenandoah. deaths of these people are a reminder back populations of threatened and en- Friends of the Rivers of Virginia; High to all of us that we need to enact sen- dangered species, such as the Meadows Inn; IWLA—Maury Chapter; sible gun legislation now. IWLA—Virginia Chapter; James River Basin pronghorn and the bald eagle. But they f Canoe Livery, Ltd. Laurel Creek Nursery; lack the resources to repeat the suc- Loudoun Wildlife Conservancy; Lynchburg PNTR cess on thousands of other species. Bird Club; Mattaponi River Company; Mill The purpose of CARA was to provide Mountain Zoo. Mrs. LINCOLN. Mr. President, as a the ounce of prevention that keeps spe- More Critters & Company; NAS—Cape strong advocate for Permanent Normal cies from becoming threatened. CARA Henry Audubon Society; NAS—Fairfax Au- Trade Relations with China, I feel a was to protect both game and nongame dubon Society; NAS—Virginia Beach Chap- personal responsibility to ensure that populations. By providing dependable ter; Natural Resources Technology; New American companies benefit from this state based funding we could ensure on- River Free Press; New River Valley Bird continuing trade relationship. I believe Club; New River Valley Environmental Coa- most of my Senate colleagues feel the the-ground protection of wildlife, and lition Newport House Bed & Breakfast. continued maintenance of habitat for North Bend Plantation; North Fork Nature same way. I am confident there will be all wild species. It is important to note Center; Piedmont Productions; Prince Wil- many success stories, but there are that there is an educational component liam Natural Resources Council Public also valuable lessons to be learned in Title III of CARA. We are increas- Lands Foundation; Resource Management from watching U.S. companies that ingly becoming an urban nation, and it Associates; Responsive Management; have tried to do business thus far. is important to provide an introduction Ridgerunner Forestry Services; River Place Panda Energy International is one at Deltaville. such company. Panda is currently to wild places and wild things to our Selu Conservancy; The Alleghany Inn; The children. This introduction will help Conservation Fund; The Friends of the North building a substantial gas-powered gen- them become the next generation of River; The Mark Addy; The Opequon Water- erator in Union County, Arkansas, and good land stewards. shed, Inc. I have been personally briefed by Pan- Virginians have come out for CARA. The Ornithological Council; The River’d da’s officials about their difficulties in Rarely have I heard from so many dif- Inn; The Wildlife Center of Virginia; China. Panda spent six years devel- ferent groups who support a piece of Thornrose House Bed & Breakfast; Trout Un- oping a power project near Tangshan in legislation. I would like to submit for limited (National); TWS—Southeastern Hebei Province. It signed a contract to Chapter; TWS—Virginia Chapter; TWS—Vir- sell all of the output from the project the RECORD a list of the Virginia ginia Tech Student Chapter. groups who support this legislation and Valley Conservation Council; Virginia to the North China Power Group—an to thank all of the groups for the re- American Bass Association; Virginia Asso- arm of the national utility—at a price markable job they have done in pro- ciation of Soil & Water Conservation Dis- to be determined by a formula. Armed moting CARA and the principles of trict Virginia BASS Federation, Inc.; Vir- with this contract, Panda borrowed outdoor recreation and education. I am ginia Game Warden Association; Virginia $155 million needed to construct the highlighting Title III in my remarks Herpetological Society; Virginia Society of project through a public bond offering Ornithology; Virginia Tourism Corporation; in the U.S. capital markets. Construc- simply because it is being ignored in Virginia Wildlife Federation; Virginia’s Ex- the Interior Appropriations bill. But plore Park; Virginians for Wilderness; West- tion for the project got underway in each and every title in CARA was ern Virginia Land Trust. 1997. The project was completed late thoughtfully deliberated and nego- f last year, and has been in limbo since tiated. Rarely have I seen such care that time. taken in developing a bill, and even VICTIMS OF GUN VIOLENCE The project cannot sell power with- though efforts to allay the concerns of Mr. WELLSTONE. Mr. President, it out formal approval of a tariff, or price some western Senators were not suc- has been more than a year since the for its electricity, by the Tangshan cessful, they were genuine, and I hope Columbine tragedy, but still this Re- municipal pricing bureau. The useful for future discussions. publican Congress refuses to act on Tangshan pricing bureau has been re- The Interior bill does provide sub- sensible gun legislation. luctant to assign a tariff that would stantial funding for the Lands Legacy Since Columbine, thousands of Amer- then set in motion the need to buy ad- program, and this is important. The icans have been killed by gunfire. Until ditional electricity for the region

VerDate 11-MAY-2000 23:08 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.049 pfrm02 PsN: S05PT2 S9938 CONGRESSIONAL RECORD — SENATE October 5, 2000 where demand has recently diminished. gest to him a report by the Adminis- Ten years ago, October 4, 1990, the At the same time, Panda Energy is in tration, but first I would yield the Federal debt stood at $3,255,813,000,000, a perilous bind, because it had to mort- Floor to my colleague from Montana, three trillion, two hundred fifty-five gage all of its existing power plants— Senator BAUCUS. billion, eight hundred thirteen million. two in the United States and one in Mr. BAUCUS. Mr. President, I do not Fifteen years ago, October 4, 1985, the Nepal—as security to guarantee the have first hand knowledge of the situa- Federal debt stood at $1,823,105,000,000, U.S. bond holders they would be repaid tion, but it is troubling to hear of U.S. one trillion, eight hundred twenty- their loans. The company is on the businesses running into such difficul- three billion, one hundred five million, verge of defaulting on the loans. ties. I read the written statement that which reflects a debt increase of al- Mr. EDWARDS. Would the Senator the U.S. sponsor of this project sub- most $4 trillion—$3,830,275,479,214.62, yield? mitted to the Senate Finance Com- three trillion, eight hundred thirty bil- Mrs. LINCOLN. I would be pleased to mittee last spring. lion, two hundred seventy-five million, yield to my friend from North Caro- Two things struck me. One is that four hundred seventy-nine thousand, lina. the mediator split the difference. He two hundred fourteen dollars and sixty- Mr. EDWARDS. I want to associate split the difference between the price two cents, during the past 15 years. my self with the concern expressed by for electricity proposed by the f Tangshan pricing bureau and the min- the Senator from Arkansas. Panda En- ADDITIONAL STATEMENTS ergy has a major gas-fired co-generator imum price that the U.S. developer of in northwestern North Carolina. That the project said it needed in order to plant, in Roanoke Rapids, was the first avoid defaulting on the project debt. HONORING DIRECT SERVICE project completed by this corporation The other thing that struck me is, al- PROFESSIONALS though this was no great result for the and has been a significant supplier of ∑ Mr.DURBIN. Mr. President, I am U.S. developer, all the developer is electricity to the citizens of my state pleased today to join the Illinois chap- for the past ten years. seeking at this point is to have the me- ter of the American Association on I, too, have been briefed about the diator’s recommendation implemented. Mental Retardation in recognizing the I would like to read a paragraph from difficulties Panda has faced in their ef- recipients of the 2000 Direct Service the statement that the U.S. sponsor of fort to improve China’s electricity-gen- Professional Award. These individuals the project submitted to the Senate Fi- erating infrastructure. The commit- are being honored for their outstanding nance Committee. This is the president ment to approve and issue a formal tar- devotion to the effort to enrich the of the company speaking. ‘‘I am not iff to the Panda Project in Luannan lives of people with developmental dis- County, that the municipal and provin- here to ask you or your colleagues to abilities in Illinois. cial governments agreed to, is not grant or deny China PNTR status. I am These recipients have displayed a being honored. By failing to honor here to relate a story of how one U.S. strong sense of humanity and profes- their commitment to grant a reason- company fared when it tried to supply sionalism in their work with persons able tariff rate, these governments electricity to the Chinese. Unfortu- with disabilities. Their efforts have in- have precluded the commercial genera- nately, we have come to find that our spired the lives of those whom they tion of power. If this continues, the experience is not all that uncommon. care for, and they are an inspiration to U.S. bondholders will have no choice However, in our case, the consequences me as well. They have set a fine exam- but to foreclose on what represents the are potentially disastrous because ple of community service for all Ameri- Panda had to guarantee the U.S. bond- first U.S. capital markets power cans to follow. holders that they would be repaid. We project financing in China. These honorees spend more than 50 This is a difficult situation for both feel like the jilted bride who entered percent of their time in direct, per- sides, but the bottom line is that the into a marriage five years ago with the sonal involvement with their clients. Chinese only to find them trying to international trading system breaks They are not primarily managers or su- walk away from the marriage now that down if agreements are not honored, pervisors. They are direct service the child has been born. This isn’t especially for large infrastructure workers at the forefront of America’s fair.’’ projects like this one with long lead effort to care for people with special I agree, and I yield the Floor to the needs. They get up and go to work times. People invest money based on Democratic Leader. these agreements. They put their com- every day, with little recognition, pro- Mr. DASCHLE. Mr. President, I have viding much needed and greatly valued panies at risk. discussed this unfortunate situation I would like to yield to my colleague, care and assistance. with several of my colleagues. I believe It is my pleasure to acknowledge the Senator KERRY, who has been working that it would be very helpful to have contributions of the following Illinois on this issue for some time. the Secretary of Commerce and the direct service professionals: Kimberly Mr. KERRY. Mr. President, I have Secretary of Energy undertake a joint Brown, Janelle Cote, Margaretha been aware of this story since July. analysis of the facts of this situation Daigh, Dawn Golec, David Hamm, Pat Many of the bonds for this project are and report back to the Senate on their Hartz, Sandy Hawkins, Rhonda held through mutual funds in which discussions with the Chinese govern- Housman, Kathy Lambert, Kathy Americans have invested their savings. ment within 45 days. Lyons, Deb Minor, Valensie Parnell, This is not just a question of inequity f Mary Beth Schultz, Marshall Sears, for the U.S. developer of the project Kim Smith, Jayce Turner, Don Van THE VERY BAD DEBT BOXSCORE but also for millions of Americans who Duyse, Junior Vieux, Clifton White, are the bondholders, and many of Mr. HELMS. Mr. President, at the and Tijuana Wright. whom are my constituents. close of business yesterday, Wednes- I know my fellow Senators will join In response to a letter written on Au- day, October 4, 2000, the Federal debt me in congratulating the winners of gust 7´ to the Chinese ambassador, the stood at $5,653,380,479,214.62, five tril- the 2000 Direct Service Professional charge d’affaires indicated that he had lion, six hundred fifty-three billion, Award. I applaud their dedication and met with both the U.S. developer and three hundred eighty million, four hun- thank them for their service.∑ representatives from the U.S. bond- dred seventy-nine thousand, two hun- f holders, had conveyed the concern back dred fourteen dollars and sixty-two home, and would be—quote—making cents. TAIWAN CELEBRATES NATIONAL efforts to facilitate a satisfactory solu- One year ago, October 4, 1999, the DAY tion to this problem—end quote. It has Federal debt stood at $5,654,411,000,000, ∑ Ms. LANDRIEU. Mr. President, next now been almost two months, and we five trillion, six hundred fifty-four bil- Sunday marks the eighty-ninth birth- have seen no resolution of this prob- lion, four hundred eleven million. day of the Republic of China, which lem, but rather delay and discrimina- Five years ago, October 4, 1995, the now resides in Taiwan. This represent- tion. Federal debt stood at $4,980,561,000,000, ative government arose from a revolu- I note that the Democratic Leader four trillion, nine hundred eighty bil- tion against an archaic imperial sys- has joined us, and I would like to sug- lion, five hundred sixty-one million. tem. In 1911, Chinese patriots ousted

VerDate 11-MAY-2000 23:08 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.080 pfrm02 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9939 the Qing dynasty, and ignited the Matthew Eric Black, 20, a volunteer ture for underprivileged African-Amer- promise of economic and political free- with the Lakeport Fire Protection Dis- ican and Native American children. dom for Chinese nationalists through- trict, died on June 23, 1999 when he ac- In honor of her hard work and dedica- out the world. cidentally came in contact with a tion to the disadvantaged and National Day, or the shuang shi, is downed power line during operations at disenfranchised, on October 1—just 45 the most important national holiday in a grass fire. His older brother is also a years after her death—Pope John Paul Taiwan, for it celebrates not only a firefighter. II canonized Mother Katharine into critical military victory, but a wealth Stephen Joseph Masto, 28, a career sainthood, the highest recognition a of principles which, to this day, guide firefighter with the Santa Barbara Fire Catholic can receive. She is the fifth the governance of Taiwan—particu- Department, died on August 28, 1999 of American to reach this honor, and only larly: resistance to dynastic tyranny, heatstroke while working as an EMT the second who was born in America. embrace of free market enterprise, de- at a wildland fire. He received the Out- The prestigious Xavier University of velopment of western-style political in- standing Cadet Award at Rio Hondo Louisiana owes its entire existence to stitutions, and ultimately, the evo- Fire Academy and received a service Mother Katharine Drexel. When found- lution of a fully thriving democratic award as a volunteer at Upland Fire ed in New Orleans in 1925, Xavier’s mis- republic. After repeated set-backs, on Department. sion was to prepare its students for po- October 10, 1911, the revolutionary Tom Moore, 38, a career firefighter sitions of leadership. Today, Xavier is Wuch’ang Army successfully launched with the Manteca Fire Department, widely recognized for sending more Af- a revolt against China’s imperial re- died on June 16, 1999 after suffering se- rican-Americans to medical school gime. The nationalists would no longer vere trauma in a training tower fall. than any college in America. Its 70 per- tolerate property seizure and sup- He had served with the department for cent medical and dental school accept- pressed individual rights. Without a su- over 14 years and was a well-known fire ance rate is almost twice the national preme sovereign reigning over the service instructor specializing in average, and 93 percent of those who country, China plunged into a civil heavy/confined space rescue and haz- enter these programs earn their degree. war. Although never truly resolved, ardous materials. Xavier also ranks first nationally in this conflict stalemated in 1949, when Karen J. Savage, 44, a volunteer fire- the number of African-American stu- Communists expelled Chiang Kai-shek fighter/EMT with Hawkins Bar Volun- dents who earn degrees in biology, and the nationalists to present-day teer Fire Department in Burnt Ranch, physics, pharmacy and the physical Taiwan. sciences. In fact, since 1927 Xavier has After emergency martial law was died on October 16, 1999 from injuries sustained in a vehicle accident at the graduated nearly 25 percent of the lifted in 1987, the groundwork was fi- black pharmacists practicing in the nally laid to realize the cardinal objec- scene of a wildland fire. Martin Michael Stiles, 40, a Cali- United States. tives of Taiwan’s founding father, Sun Thousands of Xavier’s graduates are fornia Department of Corrections in- Yat-sen—to establish a representative prominent scientists, scholars, musi- mate assigned to the Los Angeles Republic of China. In 1992, Taiwan held cians, and community leaders in Lou- County Fire Department Strike Team, its first democratic legislative elec- isiana and across the country. Notable died on July 18, 1999 of injuries from a tions, followed by presidential elec- graduates include Department of Labor fall while working at a wildland fire in tions in 1996. In March of this year, Secretary Alexis Herman, and retired, Ventura County, California. A San Taiwan held her second presidential four-star Air Force General Bernard elections, installing a wholly inde- Diego native, he was dedicated to Randolph, former head of the Space pendent, man of the people as the lead- wildland firefighting and loved the out- and Defense Systems Command. er of Tawain—Chen Shui-bian. This doors. Proof of Mother Katharine’s superior man embodies the spirit of the new Re- Tracy Dolan Toomey, 52, a 27-year works lies in the achievements of three public of China on Taiwan. As mayor of veteran firefighter with the Oakland of her former students. One of Mother Taipei, Chen Shui-bian cleaned up the Fire Department, died on January 10, Katharine’s students at Xavier was a capital city, attacking organized crime 1999 in the collapse of a burning build- young man who shined shoes, but want- and other illicit industries. As a polit- ing. A Vietnam veteran, he was an avid ed an education. Today, Dr. Norman ical dissident, he stood strong in the welder and a member of the California Francis is president of Xavier Univer- face of efforts to muzzle him. In this Artistic Blacksmith’s Association. sity and a nationally recognized leader year’s election, he inaugurated a new Edward E. Luttig, 54, a member of in higher education. political order for his people. the Sacramento Fire Department, died Another of her former students, Lio- In addition to Chen’s fair elections, on September 10, 1990 from injuries sus- nel Hampton, found his gift for music Taiwan has much to celebrate. As Tai- tained 23 years earlier while searching under Mother Katharine’s tutelage at wan enjoys her various National Day for survivors in an apartment fire. Sac- Xavier. Hampton later earned platinum festivities—the huge parades, dazzling ramento firefighters donated their and gold records, and became the first entertainment, and explosive fireworks time and money to support Mr. Luttig African-American to play in the Benny displays—let us all celebrate the birth and his family during those 23 years. Goodman Band. Hampton joined an- of true democracy in Taiwan. We sa- His name is being added to the Memo- other jazz great and New Orleanian, lute our friends on that great island— rial at the request of his friends and Louis Armstrong, to play for Pope Pius the people of Taiwan. Please join me in former colleagues. XII. saying to them Shuang shi kwai ler.∑ These fallen heroes paid the ultimate Mother Katharine also spread her HONORING OUR FALLEN FIREFIGHTERS price for their devotion to public serv- goodwill elsewhere across the country. ∑ Mrs. BOXER. Mr. President, fire- ice and safety. They are an inspiration When Marie Allen entered Mother fighters from across the Nation who to us all, as are the men and women Katharine’s St. Michael’s Indian died in the line of duty will be remem- who continue to protect Americans School in Window Rock, Arizona, she bered during the National Fallen Fire- from fire and other emergencies.∑ was an impoverished young child who fighters Memorial Weekend on October f spoke no English. Today, Dr. Marie 7th and 8th at the National Fire Acad- Allen heads the Navaho Nation Special MOTHER KATHARINE DREXEL: A emy in Emmitsburg, Maryland. As in Diabetes Program to educate Native TEACHER TO SOME, A SAINT TO years past, the National Fallen Fire- Americans about diabetes, a deadly dis- MANY fighters Foundation and the Federal ease that plagues American Indian res- Emergency Management Agency will ∑ Mr. BREAUX. Mr. President, I rise ervations. Even more, over the past 10 sponsor the nation’s tribute to these today to honor the life of Mother Kath- years, 90 percent of students grad- valiant public servants. arine Drexel. Born into one of the uating from St. Michael’s Indian The 106 firefighters to be honored wealthiest families in America in 1858, School have gone to college. this year include seven Californians. Mother Katharine turned down a life of These are just three examples of the On behalf of the people of my state, I privilege to start the Sisters of the multitude of students who have been want to remember each of them in Blessed Sacrament in 1891. She dedi- inspired to greatness by Mother Kath- turn: cated her life to building a brighter fu- arine Drexel. In the midst of a hostile

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.001 pfrm04 PsN: S05PT2 S9940 CONGRESSIONAL RECORD — SENATE October 5, 2000 culture, she used kindness and compas- ices researchers, health services ad- H.R. 5212. An act To direct the American sion to fight injustice and indignities, ministrators and geriatric nurse prac- Folklife Center at the Library of Congress to and in the process forged a brighter fu- titioners. Dr. Abdellah has worked establish a program to collect video and ture for America’s poor and underprivi- with state and district nursing associa- audio recordings of personal histories and testimonials of American war veterans, and leged. tions, serving on many work groups for other purposes. When Katharine Drexel died at the and committees developing standards ENROLLED BILLS SIGNED age of 97 in 1955, more than 500 of her of nursing practice, credentialing ac- The following enrolled bills, pre- disciples were teaching in 63 schools on tivities, and providing workshops in viously signed by the Speaker of the American Indian reservations and in nursing research. House, were signed on today, October 5, African-American communities. This is As part of her international health 2000, by the President pro tempore (Mr. a true testament to her ability to in- outreach role as a nurse and health THURMOND): spire and lead. services consultant, she has been a History is full of truly remarkable member of official United States dele- S. 302. An act for the relief of Kerantha Poole-Christian. people whose individual acts of kind- gations on exchange missions to Rus- S. 1794. An act to designate the Federal ness have left an indelible mark on our sia, Yugoslavia, and France, and des- courthouse at 145 East Simpson Avenue in hearts, our souls and our conscience. ignated as coordinator for nursing for Jackson, Wyoming, as the ‘‘Clifford P. Han- Mother Katharine Drexel is no dif- the United States-Argentina Coopera- sen Federal Courthouse.’’ ferent. Her actions are a true testa- tion in Health and Medical Research H.R. 4365. An act to amend the Public ment to the power of strong religious Project. Dr. Abdellah has also served as Health Service Act with respect to children’s faith and a moral obligation to those a consultant to the Japanese Nursing health. less fortunate. Association on nursing education and ENROLLED BILLS SIGNED On behalf of the thousands of people research on three separate occasions. At 3:41 p.m., a message from the around the world who have been I have had the privilege of knowing House of Representatives, delivered by touched by her work, I pay tribute to Dr. Abdellah for many years. Her self- Mr. Hayes, one of its reading clerks, the life and work of Mother Katharine less devotion to duty and extraor- announced that the Speaker has signed Drexel. She may have been a teacher to dinary accomplishments are legendary. the following enrolled bills and joint some, but Mother Katharine is a saint It is with pride that I congratulate Dr. resolution: to many.∑ Abdellah on her well-deserved induc- S. 366. An act to amend the National Trails f tion into the National Women’s Hall of System Act to designate El Camino Real de Tierra Adentro as a National Historic Trail. TRIBUTE TO DR. FAYE G. Fame. Our nation can be proud of her S. 1198. An act to establish a 3-year pilot ABDELLAH long and distinguished service to this project for the General Accounting Office to country.∑ report to Congress on economically signifi- ∑ Mr. INOUYE. Mr. President, I would f cant rules of Federal agencies, and for other like to take a moment to honor Dr. purposes. Faye G. Abdellah, RN, Ed.D., Sc.D., MESSAGES FROM THE PRESIDENT S. 2045. An act to amend the Immigration FAAN who is currently serving as the and Nationality Act with respect to H-1B Messages from the President of the Dean of the Graduate School of Nurs- nonimmigrant aliens. United States were communicated to ing at the Uniformed Services Univer- 2722. An act to improve the administrative the Senate by Ms. Evans, one of his sity. Dr. Abdellah will be inducted in efficiency and effectiveness of the Nation’s secretaries. the National Women’s Hall of Fame abuse and neglect courts and for other pur- poses consistent with the Adoption and Safe this weekend. Founded in 1969, the Hall EXECUTIVE MESSAGES REFERRED As in executive session the Presiding Families Act of 1997. is a national membership organization H.R. 1800. An act To amend the Violent in Seneca Falls, New York that honors Officer laid before the Senate messages Crime Control and Law Enforcement Act of and celebrates the achievements of from the President of the United 1994 to ensure that certain information re- American women. She will join a list of States submitting sundry nominations garding prisoners is reported to the Attorney 157 of the most distinguished women in which were referred to the appropriate General. American history, including Susan B. committees. H.R. 2752. An act to direct the Secretary of the Interior to sell certain public land in Anthony, Clara Barton, Helen Keller, (The nominations received today are printed at the end of the Senate Lincoln County through a competitive proc- Sandra Day O’Connor, Rosa Parks, and ess. Eleanor Roosevelt. Dr. Abdellah is proceedings.) H.R. 2773. An act To amend the Wild and being recognized and honored for her f Scenic Rivers Act to designate the Wekiva pioneering work altering nursing the- River and its tributaries of Wekiwa Springs ory and practice, for the development MESSAGES FROM THE HOUSE Run, Rock Springs Run, and Black Water of the first tested coronary care unit At 1:09 p.m. a message from the Creek in the State of Florida as components House of Representatives, delivered by of the national wild and scenic rivers sys- that saved thousands of lives, and for tem. being the first nurse to hold the rank Mr. Hayes, one of its reading clerks, H.R. 4579. An act to provide for the ex- of Rear Admiral (Upper Half) and the announced that the House insists upon change of certain lands within the State of title of Deputy Surgeon General for the its amendment to the bill (S. 835) to en- Utah. United States. courage the restoration of estuary H.R. 4583. An act to extend the authoriza- Dr. Abdellah is the recipient of 79 habitat through more efficient project tion for the Air Force Memorial Foundation professional and academic honors. She financing and enhanced coordination of to establish a memorial in the District of Co- holds eleven honorary degrees from Federal and non-Federal restoration lumbia or its environs. H.J. Res. 110. Joint resolution making fur- universities that have recognized her programs, and for other purposes, and ther continuing appropriations for the fiscal innovative work in nursing research, in ask a conference with the Senate on year 2001, and for other purposes. the development of the first nurse sci- the disagreeing votes of the two Houses The enrolled bills and joint resolu- entist, as an international expert in thereon. That Mr. SHUSTER, Mr. YOUNG tion were signed subsequently by the health policies, and for making invalu- of Alaska, Mr. BOEHLERT, Mr. President pro tempore (Mr. THUR- able contributions to the health of our GILCHREST, Mrs. FOWLER, Mr. SHER- MOND). nation. She has authored and co-au- WOOD, Mr. SWEENEY, Mr. KUYKENDALL, thored more than 150 publications, Mr. VITTER, Mr. OBERSTAR, Mr. BORSKI, At 6:41 p.m. a message from the some of which have been translated Mr. BARCIA, Mr. FILNER, Mr. TAYLOR of House of Representatives, delivered by into six languages. Mississippi, Mr. BLUMENAUER, and Mr. Ms. Niland, one of its reading clerks, Dr. Abdellah worked with the Sur- BALDACCI, be the managers of the con- announced that the House has passed geon General in the formation of na- ference on the part of the House. the following bill, in which it requests tional health policies related to AIDS, The message also announced that the the concurrence of the Senate: drug addiction, violence, smoking and House has passed the following bill, in H.R. 2641. An act to make technical correc- alcoholism. She developed the first fed- which it requests the concurrence of tions to title X of the Energy Policy Act of eral training program for health serv- the Senate: 1992.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.025 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9941 The message also announced that the on October 3, 2000; to the Committee on Com- By Mr. MURKOWSKI, from the Committee House has passed the following bill, merce, Science, and Transportation. on Energy and Natural Resources, with an with amendments, in which it requests EC–11039. A communication from the amendment and an amendment to the title: Chairman of the Federal Maritime Commis- the concurrence of the Senate: S. 1950: A bill to amend the Mineral Leas- sion, transmitting, pursuant to law, a report ing Act of 1920 to ensure the orderly develop- S. 2311. An act to revise and extend the relative to the strategic plan through fiscal ment of coal, coalbed methane, natural gas, Ryan White CARE Act programs under title year 2005; to the Committee on Commerce, and oil in the Powder River Basin, Wyoming XXVI of the Public Health Service Act, to Science, and Transportation. and Montana, and for other purposes (Rept. improve access to health care and the qual- EC–11040. A communication from the Asso- No. 106–490). ity of health care under such programs, and ciate Administrator for Equal Opportunity By Mr. MURKOWSKI, from the Committee to provide for the development of increased Programs, National Aeronautics and Space on Energy and Natural Resources, with an capacity to provide health care and related Administration, transmitting, pursuant to amendment in the nature of a substitute: support services to individuals and families law, the report of a rule entitled ‘‘Non- S. 1969: A bill to provide for improved man- with HIV disease, and for other purposes. discrimination on the Basis of Sex in Edu- agement of, and increases accountability for, The message further announced that cation Programs or Activities Receiving outfitted activities by which the public gains Federal Financial Assistance’’ (RIN1190- the House agrees to the amendment of access to and occupancy and use of Federal AA28) received on October 3, 2000; to the land, and for other purposes (Rept. No. 106– the Senate to the bill (H.R. 1143) to es- Committee on Commerce, Science, and tablish a program to provide assistance 491). Transportation. By Mr. HATCH, from the Committee on EC–11041. A communication from the Chief, for programs of credit and other finan- the Judiciary, with an amendment in the na- Compliance Division, Office of Civil Rights, cial services for microenterprises in de- ture of a substitute: Department of Commerce, transmitting, pur- veloping countries, and for other pur- S. 2448: A bill to enhance the protections of suant to law, the report of a rule entitled the Internet and the critical infrastructure poses. ‘‘Nondiscrimination on the Basis of Sex in of the United States, and for other purposes. f Education Programs or Activities Receiving Federal Financial Assistance’’ (RIN1190- f MEASURES READ THE FIRST TIME AA28) received on October 3, 2000; to the Committee on Commerce, Science, and EXECUTIVE REPORTS OF The following bill was read the first COMMITTEE time: Transportation. EC–11042. A communication from the Di- The following executive reports of H.R. 4292. An act to protect infants who are rector of the Office of Civil Rights, Depart- born alive. ment of Transportation, transmitting, pur- committee were submitted: f suant to law, the report of a rule entitled By Mr. WARNER for the Committee on ‘‘Nondiscrimination on the Basis of Sex in Armed Services. ENROLLED BILL PRESENTED Education Programs or Activities Receiving Robert N. Shamansky, of Ohio, to be a Federal Financial Assistance’’ (RIN1190- Member of the National Security Education The Secretary of the Senate reported AA28) received on October 3, 2000; to the Board for a term of four years. (Reappoint- that on today, October 5, 2000, he had Committee on Commerce, Science, and ment) presented to the President of the Transportation. Robert B. Pirie, Jr., of Maryland, to be United States, the following enrolled EC–11043. A communication from the Act- Under Secretary of the Navy. bills: ing Assistant Administrator for Fisheries, (The above nominations were re- National Marine Fisheries Service, Depart- S. 302. An act for the relief of Kerantha ported with the recommendation that ment of Commerce, transmitting, pursuant Poole-Christian. to law, the report of a rule entitled ‘‘Emer- they be confirmed subject to the nomi- S. 366. An act to amend the National Trails gency Interim Rule to Prohibit Trap Gear in nees’ commitment to respond to re- System Act to designate El Camino Real de the Royal Red Shrimp Fishery in the Gulf of quests to appear and testify before any Tierra Adentro as a National Historic Trail. Mexico’’ (RIN0648-AO52) received on October duly constituted committee of the Sen- S. 1794. An act to designate the Federal 3, 2000; to the Committee on Commerce, courthouse at 145 East Simpson Avenue in ate.) Science, and Transportation. Jackson, Wyoming, as the ‘‘Clifford P. Han- The following named officer for appoint- EC–11044. A communication from the Act- sen Federal Courthouse.’’ ment in the United States Air Force to the ing Director of the Office of Sustainable S. 1198. An act to establish a 3-year pilot grade indicated while assigned to a position Fisheries, National Marine Fisheries Serv- project for the General Accounting Office to of importance and responsibility under title ice, Department of Commerce, transmitting, report to Congress on economically signifi- 10, U.S.C., section 601: pursuant to law, the report of a rule entitled cant rules of Federal agencies, and for other ‘‘Fisheries of the Exclusive Economic Zone To be lieutenant general purposes. Off Alaska; Sharpchin and Northern Rock- Maj. Gen. John D. Hopper Jr., 6003 S. 2045. An act to amend the Immigration fish in the Aleutian Islands Subarea of the and Nationality Act with respect to H–1B The following named officer for appoint- Bering Sea and Aleutian Islands Manage- nonimmigrant aliens. ment in the United States Air Force to the ment Area’’ received on October 3, 2000; to S. 2272. An act to improve the administra- grade indicated under title 10, U.S.C., section the Committee on Commerce, Science, and tive efficiency and effectiveness of the Na- 624: Transportation. To be major general tion’s abuse and neglect courts and for other EC–11045. A communication from the Act- purposes consistent with the Adoption and ing Director of the Office of Sustainable Brig. Gen. Paul W. Essex, 6243 Safe Families Act of 1997. Fisheries, National Marine Fisheries Serv- The following named officer for appoint- f ice, Department of Commerce, transmitting, ment in the United States Air Force to the pursuant to law, the report of a rule entitled grade indicated while assigned to a position EXECUTIVE AND OTHER ‘‘Fisheries of the Exclusive Economic Zone of importance and responsibility under title COMMUNICATIONS Off Alaska; Sharpchin and Northern Rock- 10, U.S.C., section 601: The following communications were fish in the Aleutian Islands Subarea’’ re- To be lieutenant general ceived on October 3, 2000; to the Committee Maj. Gen. John H. Campbell, 2822 laid before the Senate, together with on Commerce, Science, and Transportation. accompanying papers, reports, and doc- EC–11046. A communication from the Act- The following named officers for appoint- uments, which were referred as indi- ing Director of the Office of Sustainable ment in the United States Army to the grade cated: Fisheries, National Marine Fisheries Serv- indicated under title 10, U.S.C., section 624: EC–11037. A communication from the Asso- ice, Department of Commerce, transmitting, To be brigadier general ciate Administrator for Procurement, Na- pursuant to law, the report of a rule entitled Col. Lloyd J. Austin III, 5848 tional Aeronautics and Space Administra- ‘‘Atlantic Highly Migratory Species Fish- Col. Vincent E. Boles, 8885 tion, transmitting, pursuant to law, the re- eries; Atlantic Bluefin Tuna; Adjustment of Col. Gary L. Border, 4796 port of a rule entitled ‘‘North American In- General Category Daily Retention Limit on Col. Thomas P. Bostick, 3680 dustry Classification System (NAICS)’’ re- Previously Designated Restricted Fishing Col. Howard B. Bromberg, 2959 ceived on October 3, 2000; to the Committee Days’’ received on October 3, 2000; to the Col. James A. Coggin, 0287 on Commerce, Science, and Transportation. Committee on Commerce, Science, and Col. Michael L. Combest, 6794 EC–11038. A communication from the Asso- Transportation. Col. William C. David, 2507 ciate Administrator for Procurement, Na- f Col. Martin E. Dempsey, 8511 tional Aeronautics and Space Administra- REPORTS OF COMMITTEES Col. Joseph F. Fil Jr., 0990 tion, transmitting, pursuant to law, the re- Col. Benjamin C. Freakley, 0002 port of a rule entitled ‘‘National Aeronautics The following reports of committees Col. John D. Gardner, 1994 and Space Administration (NASA)’’ received were submitted: Col. Brian I. Geehan, 7655

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.065 pfrm04 PsN: S05PT2 S9942 CONGRESSIONAL RECORD — SENATE October 5, 2000 Col. Richard V. Geraci, 7246 The following Army National Guard of the Col. Terry F. Barker, 9468 Col. Gary L. Harrell, 7778 United States officers for appointment in the Col. John P. Basilica Jr., 4126 Col. Janet E. A. Hicks, 4097 Reserve of the Army to the grade indicated Col. Wesley E. Craig Jr., 6586 Col. Jay W. Hood, 6271 under title 10, U.S.C., section 12203: Col. James J. Dougherty Jr., 1953 Col. Kenneth W. Hunzeker, 4503 To be major general Col. Ronald B. Kalkofen, 1783 Col. Charles H. Jacoby Jr., 3627 Col. Edward G. Klein, 3085 Brig. Gen. David P. Rataczak, 5455 Col. Gary M. Jones, 0483 Col. Thomas P. Luczynski, 9915 Col. Jason K. Kamiya, 9579 To be brigadier general Col. James R. Mason, 7632 Col. James A. Kelley, 0354 Col. George J. Robinson, 6368 Col. Glen I. Sakagawa, 0978 Col. Ricky Lynch, 2073 The following Army National Guard of the Col. Joseph J. Taluto, 0598 Col. Bernardo C. Negrete, 1299 United States officer for appointment in the Col. Thomas S. Walker, 7835 Col. Patricia L. Nilo, 2459 Reserve of the Army to the grade indicated Col. George W. Wilson, 5766 Col. F. Joseph Prasek, 0077 under title 10, U.S.C., section 12203: Col. Ireneusz J. Zembrzuski, 9839 Col. David C. Ralston, 4648 To be major general The following named officers for appoint- Col. Don T. Riley, 7610 ment in the Reserve of the Army to the Brig. Gen. Willie A. Alexander, 7252 Col. David M. Rodriguez, 1850 grades indicated under title 10, U.S.C., sec- Col. Donald F. Schenk, 9074 The following Army National Guard of the tion 12203: Col. Steven P. Schook, 9597 United States officer for appointment in the To be major general Col. Gratton O. Sealock II, 7906 Reserve of the Army to the grade indicated Col. Stephen M. Seay, 2151 under title 10, U.S.C., section 12203: Brig. Gen. Herbert L. Altshuler, 8024 Brig. Gen. Richard E. Coleman, 5494 Col. Jeffrey A. Sorenson, 3510 To be brigadier general Col. Guy C. Swan III, 1672 Brig. Gen. B. Sue Dueitt, 9342 Col. David P. Valcourt, 6455 Col. Carole A. Briscoe, 8823 Brig. Gen. Michael R. Mayo, 3841 Col. Robert M. Williams, 6304 The following named officer for appoint- Brig. Gen. Robert S. Silverthorn Jr., 7380 Col. W. Montague Winfield, 5342 ment in the Reserve of the Army to the Brig. Gen. Charles E. Wilson, 7188 Col. Richard P. Zahner, 3707 grade indicated under title 10, U.S.C., section To be brigadier general 12203: The following named officers for appoint- Col. Michael G. Corrigan, 8444 ment in the United States Army to the grade To be major general Col. John R. Hawkins III, 7069 indicated under title 10, U.S.C., Section 624: Brig. Gen. David J. Kaucheck, 3284 Col. Gregory J. Hunt, 9933 To be major general The following named officer for appoint- Col. Michael K. Jelinsky, 5149 Brig. Gen. Lawrence R. Adair, 1436 ment in the United States Army to the grade Col. Robert R. Jordan, 4761 Brig. Gen. Buford C. Blount III, 5012 indicated under title 10, U.S.C., section 624: Col. David E. Kratzer, 9689 Brig. Gen. Steven W. Boutelle, 1030 To be brigadier general Col. Michael A. Kuehr, 0757 Col. Bruce D. Moore, 8071 Brig. Gen. James D. Bryan, 1525 Col. Daniel F. Perugini, 0634 Brig. Gen. Eddie Cain, 1695 Col. Conrad W. Ponder Jr., 4071 Brig. Gen. John P. Cavanaugh, 7354 The following Army National Guard of the Col. Jerry W. Reshetar, 0799 Brig. Gen. Bantz J. Craddock, 7782 United States officers for appointment in the Col. Bruce E. Robinson, 2520 Brig. Gen. Keith W. Dayton, 7231 Reserve of the Army to the grade indicated Col. James R. Sholar, 6553 Brig. Gen. Kathryn G. Frost, 8467 under title 10, U.S.C., section 12203: Col. Edwin E. Spain, 8277 Brig. Gen. Larry D. Gottardi, 1032 To be major general Col. Stephen B. Thompson, 2012 Brig. Gen. Stanley E. Green, 4130 Brig. Gen. John E. Stevens, 5894 Col. George W. Wells Jr., 9978 Brig. Gen. Craig D. Hackett, 5451 To be brigadier general The following named officer for appoint- Brig. Gen. Franklin L. Hagenbeck, 3956 ment in the United States Army to the grade Brig. Gen. Hubert L. Hartsell, 8996 Col. Rick Baccus, 5697 indicated while assigned to a position of im- Brig. Gen. George A. Higgins, 7049 Col. Abner C. Blalock Jr., 0594 portance and responsibility under title 10, Brig. Gen. William J. Leszczynski, 7829 Col. John M. Braun, 5088 U.S.C., section 601: Brig. Gen. George A. Buskirk Jr., 3156 Brig. Gen. Michael D. Maples, 9508 To be lieutenant general Brig. Gen. Thomas F. Metz, 5686 Col. James R. Carpenter, 2966 Lt. Gen. Kevin P. Byrnes, 7639 Brig. Gen. Daniel G. Mongeon, 4804 Col. Craig N. Christensen, 3064 Brig. Gen. William E. Mortensen, 1064 Col. Paul D. Costilow, 2786 The following Army National Guard of the Brig. Gen. Eric T. Olson, 5130 Col. James P. Daley, 2270 United States officer for appointment in the Brig. Gen. Richard J. Quirk III, 1272 Col. Charles E. Fleming, 2330 Reserve of the Army to the grade indicated Brig. Gen. Ricardo S. Sanchez, 9260 Col. Charles E. Gibson, 2195 under title 10, U.S.C., section 12203: Brig. Gen. Gary D. Speer, 7286 Col. Michael A. Gorman, 3651 To be brigadier general Col. John F. Holechek Jr., 4313 Brig. Gen. Mitchell H. Stevenson, 3914 Col. Kerry G. Denson, 1996 Brig. Gen. Charles H. Swannack Jr., 8239 Col. Mitchell R. LeClaire, 4067 Col. Richard G. Maxon, 0268 The following Army National Guard of the Brig. Gen. Terry L. Tucker, 6846 United States officer for appointment in the Brig. Gen. John R. Wood, 0518 Col. Gary A. Pappas, 3580 Col. Donald H. Polk, 3019 Reserve of the Army to the grade indicated The following named officer for appoint- Col. Robley S. Rigdon, 7740 under title 10, U.S.C., section 12203: ment as the Chief of Engineers, United Col. Charles T. Robbs, 6993 To be brigadier general States Army, and appointment to the grade Col. Bruce D. Schrimpf, 2945 indicated while assigned to a position of im- Col. William W. Goodwin, 8875 Col. Thomas J. Sullivan, 4948 portance and responsibility under title 10, The following named officers for appoint- Col. Brian L. Tarbet, 0965 U.S.C., section 601 and 3036: ment in the United States Naval Reserve to Col. Gordon D. Toney, 1990 To be lieutenant general the grade indicated under title 10, U.S.C., Col. Antonio J. Vicens-Gonzalez, 8687 section 12203: Maj. Gen. Robert B. Flowers, 0549 Col. William L. Waller Jr., 7603 To be rear admiral The following named officer for appoint- Col. Charles R. Webb, 2951 ment in the United States Army to the grade Col. William D. Wofford, 5170 Rear Adm. (lh) John G. Cotton, 6982 indicated while assigned to a position of im- Col. Kenneth F. Wondrack, 1587 Rear Adm. (lh) Henry F. White Jr., 1081 portance and responsibility under title 10, Col. Ronald D. Young, 3292 The following named officers for appoint- U.S.C., section 601: The following Army National Guard of the ment in the United States Naval Reserve to To be lieutenant general United States officers for appointment in the the grade indicated under title 10, U.S.C., Maj. Gen. Charles S. Mahan Jr., 5401 Reserve of the Army to the grade indicated section 12203: The following Army National Guard of the under title 10, U.S.C., section 12203: To be rear admiral (lower half) United States officer for appointment in the To be major general Capt. William V. Alford, 4792 Reserve of the Army to the grade indicated Brig. Gen. William J. Davies, 1673 Capt. John P. Debbout, 9101 under title 10, U.S.C., section 12203: Brig. Gen. George T. Garrett, 4718 Capt. Roger T. Nolan, 6456 To be major general Brig. Gen. Dennis A. Kamimura, 1117 Capt. Stephen S. Oswald, 2861 Brig. Gen. H. Steven Blum, 9926 Brig. Gen. Bruce M. Lawlor, 3844 Capt. Robert O. Passmore, 0129 The following Army National Guard of the Brig. Gen. Timothy E. Neel, 6895 Capt. Gregory J. Slavonic, 4544 United States officer for appointment in the Brig. Gen. Larry W. Shellito, 2025 The following named officers for appoint- Reserve of the Army to the grade indicated Brig. Gen. Darwin H. Simpson, 3156 ment in the United States Navy to the grade under title 10, U.S.C., section 12203: Brig. Gen. Edwin H. Wright, 8891 indicated under title 10, U.S.C., section 624: To be brigadier general To be brigadier general To be rear admiral Col. William T. Nesbitt, 8512 Col. George A. Alexander, 7321 Rear Adm. (lh) Michael R. Johnson, 2467

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.129 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9943 Rear Adm. (lh) Charles R. Kubic, 6173 Col. Christian B. Cowdrey, 0819 To be major general The following named officer for appoint- Col. Michael E. Ennis, 1117 Brig. Gen. George F. Bowman, 9374 ment in the United States Navy to the grade Col. Walter E. Gaskin Sr., 4185 Brig. Gen. Lloyd D. Burtch, 7226 indicated under title 10, U.S.C., section 624: Col. Michael R. Lehnert, 3452 Brig. Gen. Alfonsa Gilley, 9002 To be rear admiral Col. Joseph J. McMenamin, 3792 Brig. Gen. James R. Helmly, 0535 Rear Adm. (lh) Rodrigo C. Melendez, 1580 Col. Duane D. Thiessen, 8882 Brig. Gen. Dennis E. Klein, 0720 Col. George J. Trautman III, 0849 To be brigadier general The following named officer for appoint- Col. Willie J. Williams, 4568 ment in the United States Navy to the grade Col. Richard C. Zilmer, 9990 Col. James A. Cheatham, 4975 indicated while assigned to a position of im- Col. George R. Fay, 4701 The following named officers for appoint- portance and responsibility under title 10, Col. Charles E. Gorton, 6077 ment in the United States Marine Corps Re- U.S.C., section 601: Col. John H. Kern, 3064 serve to the grade indicated under title 10, Col. Charles E. McCartney, 5546 To be vice admiral U.S.C., section 12203: Rear Adm. Richard W. Mayo, 4195 Col. Jack C. Stultz, Jr., 5861 To be brigadier general Col. Stephen D. Tom, 2119 The following named officer for appoint- Col. Andrew B. Davis, 1872 Army nominations beginning Daniel G. ment as Vice Chief of Naval Operations, Col. Harold J. Fruchtnicht, 2652 Aaron and ending X2457, which nominations United States Navy, and appointment to the were received by the Senate and appeared in grade indicated while assigned to a position The following named officer for appoint- the Congressional Record on July 27, 2000. of importance and responsibility under title ment in the United States Marine Corps to The following Army National Guard of the 10, U.S.C., sections 601 and 5035: the grade indicated while assigned to a posi- tion of importance and responsibility under United States officer for appointment in the To be admiral title 10, U.S.C., section 601: Reserve of the Army to the grade indicated Vice Adm. William J. Fallon, 0304 To be lieutenant general under title 10, U.S.C., section 12203: The following named officer for appoint- Maj. Gen. Gregory S. Newbold, 6783 To be brigadier general ment in the United States Navy to the grade Col. Bradford C. Brightman, 2206 indicated while assigned to a position of im- (The above nominations were re- ported with the recommendation that The following named officer for appoint- portance and responsibility under title 10, ment in the Reserve of the Army to the U.S.C., section 601: they be confirmed.) grade indicated under title 10. U.S.C., section To be vice admiral Mr. WARNER. Mr. President, for the 12203: Rear Adm. Toney M. Bucchi, 9527 Committee on Armed Services, I report To be major general favorably nomination lists which were The following named officer for appoint- Brig. Gen. H. Douglas Robertson, 1652 printed in the RECORDS of the dates ment in the United States Navy to the grade Army nomination of Merritt M. Smith, indicated while assigned to a position of im- indicated, and ask unanimous consent, which was received by the Senate and ap- portance and responsibility under title 10, to save the expense of reprinting on the peared in the Congressional Record on Sep- U.S.C., section 601: Executive Calendar that these nomina- tember 6, 2000. To be vice admiral tions lie at the Secretary’s desk for the Army nominations beginning James M. Rear Adm. Timothy J. Keating, 8508 information of Senators. Davis and ending Lanneau H. Siegling, which The following named officer for appoint- The PRESIDING OFFICER. Without nominations were received by the Senate and ment in the United States Navy to the grade objection, it is so ordered. appeared in the Congressional Record on indicated while assigned to a position of im- September 6, 2000. Air Force nominations beginning Donna L. Army nomination of John Espinosa, which portance and responsibility under title 10, Kennedy and ending Michael D. Prazak, was received by the Senate and appeared in U.S.C., section 601: which nominations were received by the Sen- the Congressional Record on September 6, To be vice admiral ate and appeared in the Congressional 2000. Rear Adm. Martin J. Mayer, 0493 Record on July 25, 2000. Army nomination of Albert L. Lewis, Air Force nominations beginning Franklin The following named officer for appoint- which was received by the Senate and ap- C. Albright and ending Lewis F. Wolf, which peared in the Congressional Record on Sep- ment in the United States Navy to the grade nominations were received by the Senate and indicated while assigned to a position of im- tember 7, 2000. appeared in the Congressional Record on Army nominations beginning Philip C. portance and responsibility under title 10, July 25, 2000. U.S.C., section 601: Caccese and ending Donald E. McLean, which Air Force nomination of Warren S. Silber- nominations were received by the Senate and To be vice admiral man, which was received by the Senate and appeared in the Congressional Record on Vice Adm. Dennis V. McGinn, 1807 appeared in the Congressional Record on September 7, 2000. The following named officer for appoint- September 6, 2000. Army nominations beginning Richard W.J. ment in the United States Marine Corps Re- Air Force nomination of James C. Seaman, Cacini and ending Carlos A. Trejo, which serve to the grade indicated under title 10, which was received by the Senate and ap- nominations were received by the Senate and U.S.C., section 12203: peared in the Congressional Record on Sep- appeared in the Congressional Record on tember 12, 2000. To be major general September 7, 2000. Air Force nominations beginning George Army nominations beginning Melvin Law- Brig. Gen. Jack A. Davis, 8721 M. Abernathy and ending Richard M. Zink, rence Kaplan and ending George Raymond The following named officers for appoint- which nominations were received by the Sen- Ripplinger, which nominations were received ment in the United States Marine Corps to ate and appeared in the Congressional by the Senate and appeared in the Congres- the grade indicated under title 10, U.S.C., Record on September 21, 2000. sional Record on September 7, 2000. section 624: Air Force nominations beginning Douglas Army nomination of * Michael Walker, To be major general N. Barlow and ending Gregory E. Seely, which was received by the Senate and ap- which nominations were received by the Sen- Brig. Gen. James R. Battaglini, 5336 peared in the Congressional Record on Sep- ate and appeared in the Congressional Brig. Gen. James E. Cartwright, 5961 tember 7, 2000. Record on September 28, 2000. Brig. Gen. Christopher Cortez, 9054 Army nominations beginning Eddie L. Cole Air Force nominations beginning John B. Brig. Gen. Gary H. Hughey, 9286 and ending Christopher A. White, which Stetson and ending Christine E. Tholen, Brig. Gen. Thomas S. Jones, 2831 nominations were received by the Senate and which nominations were received by the Sen- Brig. Gen. Richard L. Kelly, 9290 appeared in the Congressional Record on ate and appeared in the Congressional Brig. Gen. John F. Sattler, 0580 September 12, 2000. Record on October 2, 2000. Army nominations beginning Jeanne J. Brig. Gen. William A. Whitlow, 5394 Army nominations beginning John W. Al- Blaes and ending Janelle S. Weyn, which The following named officer for appoint- exander, Jr. and ending Donald L. Wilson, nominations were received by the Senate and ment in the United States Marine Corps to which nominations were received by the Sen- appeared in the Congressional Record on the grade indicated under title 10, U.S.C., ate and appeared in the Congressional September 12, 2000. section 624: Record on July 10, 2000. Army nominations beginning * Patrick N. To be major general Army nominations beginning Bruce D. Bailey and ending * Jeffrey L. Zust, which Brig. Gen. John F. Goodman, 3509 Adams and ending Vikram P. Zadoo, which nominations were received by the Senate and nominations were received by the Senate and appeared in the Congressional Record on The following named officers for appoint- appeared in the Congressional Record on September 12, 2000. ment in the United States Marine Corps to July 25, 2000. Army nominations beginning Timothy F. the grade indicated under title 10, U.S.C., The following named officers for appoint- Abbott and ending * X4076, which nomina- section 624: ment in the Reserve of the Army to the tions were received by the Senate and ap- To be brigadier general grades indicated under Title 10, U.S.C., Sec- peared in the Congressional Record on Sep- Col. Thomas A. Benes, 4726 tion 12203: tember 12, 2000.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.131 pfrm04 PsN: S05PT2 S9944 CONGRESSIONAL RECORD — SENATE October 5, 2000 Navy nomination of Bradley S. Russell, Navy nominations beginning Michael W. Convention implementation to the Com- which was received by the Senate and ap- Bastian and ending Steven C. Wurgler, which mittee on Foreign Relations of the Senate peared in the Congressional Record on May nominations were received by the Senate and setting forth at least the following: 11, 2000. appeared in the Congressional Record on (A) a discussion of the sanitary or Navy nomination of Douglas M. Larratt, September 21, 2000. phytosanitary standard-setting activities of which was received by the Senate and ap- Marine Corps nominations beginning Jack the IPPC during the previous year; peared in the Congressional Record on July G. Abate and ending Jeffrey G. Young, which (B) a discussion of the sanitary or 25, 2000. nominations were received by the Senate and phytosanitary standards under consideration Navy nominations beginning Felix R. appeared in the Congressional Record on or planned for consideration by the IPPC in Tormes and ending Christopher F. Beaubien, July 27, 2000. the coming year; which nominations were received by the Sen- Marine Corps nomination of Gerald A. (C) information about the budget of the ate and appeared in the Congressional Cummings, which was received by the Senate IPPC in the previous fiscal year; and Record on July 25, 2000. and appeared in the Congressional Record on (D) a list of countries which have ratified Navy nominations beginning Ava C. Abney September 7, 2000. or accepted the amended Convention, includ- and ending Michael E. Zimmerman, which Marine Corps nomination of David L. ing dates and related particulars. nominations were received by the Senate and Ladouceur, which was received by the Senate (2) SUPREMACY OF THE CONSTITUTION.— appeared in the Congressional Record on and appeared in the Congressional Record on Nothing in the amended Convention requires July 25, 2000. September 13, 2000. or authorizes legislation or other action by Navy nominations beginning William B. By Mr. HELMS, from the Committee on the United States of America that is prohib- Acker III and ending John Zarem, which Foreign Relations: ited by the Constitution of the United States nominations were received by the Senate and Treaty Doc. 106–23 International Plant as interpreted by the United States. appeared in the Congressional Record on Protection Convention (Exec. Report No. f July 26, 2000. 106–27). Navy nomination of Keith R. Belau, which TEXT OF COMMITTEE-RECOMMENDED INTRODUCTION OF BILLS AND was received by the Senate and appeared in RESOLUTION OF ADVICE AND CONSENT the Congressional Record on July 27, 2000. JOINT RESOLUTIONS Navy nomination of Randall J. Bigelow, Resolved, (two thirds of the Senators present The following bills and joint resolu- which was received by the Senate and ap- concurring there), That the Senate advise and tions were introduced, read the first peared in the Congressional Record on Sep- consent to the ratification of the Inter- and second times by unanimous con- tember 6, 2000. national Plant Protection Convention Navy nomination of Robert G. Butler, (IPPC), Adopted at the Conference of the sent, and referred as indicated: which was received by the Senate and ap- Food and Agriculture Organization (FAO) of By Mr. HATCH: peared in the Congressional Record on Sep- the United Nations at Rome on November 17, S. 3161. A bill to amend title XVIII of the tember 7, 2000. 1997 (Treaty Doc. 106–23), referred to in this Social Security Act to require the Medicare Navy nomination of Vito W. Jimenez, resolution of ratification as ‘‘the amended Payment Advisory Commission to conduct a which was received by the Senate and ap- Convention,’’ subject to the understandings study on certain hospital costs; to the Com- peared in the Congressional Record on Sep- of subsection (a), the declaration of sub- mittee on Finance. tember 7, 2000. section (b) and the provisos of subsection (c). By Mr. HATCH: Navy nomination of Michael P. Tillotson, (a) UNDERSTANDINGS.—The advice and con- S. 3162. A bill to amend the Omnibus Crime which was received by the Senate and ap- sent of the Senate is subject to the following Control and Safe Streets Act of 1968 to make peared in the Congressional Record on Sep- understandings, which shall be included in grants to improve security at schools, in- tember 7, 2000. the instrument of ratification of the amend- cluding the placement and use of metal de- Navy nomination of Michael W. Altiser, ed Convention and shall be binding on the tectors; to the Committee on the Judiciary. which was received by the Senate and ap- President: By Mr. HATCH: peared in the Congressional Record on Sep- (1) RELATIONSHIP TO OTHER INTERNATIONAL S. 3163. A bill to designate the calendar tember 7, 2000. AGREEMENTS.—The United States under- decade beginning on January 1, 2001, as the Navy nomination of Melvin J. Hendricks, stands that nothing in the amended Conven- ‘‘Decade of Pain Control and Research’’; to which was received by the Senate and ap- tion is to be interpreted in a manner incon- the Committee on the Judiciary. peared in the Congressional Record on Sep- sistent with, or alters the terms or effect of, By Mr. BAYH (for himself, Mr. GRAMS, tember 7, 2000. the World Trade Organization Agreement on Mr. LEAHY, and Mr. CLELAND): Navy nomination of Glenn A. Jett, which the Application of Sanitary or S. 3164. A bill to protect seniors from was received by the Senate and appeared in Phytosanitary Measures (SPS Agreement) or fraud; to the Committee on the Judiciary. the Congressional Record on September 7, other relevant international agreements. By Mr. ROTH (for himself, Mr. MOY- 2000. (2) AUTHORITY TO TAKE MEASURES AGAINST NIHAN, Mr. JEFFORDS, Mr. MUR- Navy nomination of Joseph T. Mahachek, PESTS.—The United States understands that KOWSKI, Mr. HATCH, and Mr. KERREY): which was received by the Senate and ap- nothing in the amended Convention limits S. 3165. A bill to amend the Social Security peared in the Congressional Record on Sep- the authority of the United States, con- Act to make corrections and refinements in tember 7, 2000. sistent with the SPS Agreement, to take the Medicare, Medicaid, and SCHIP health Navy nomination of Robert J. Werner, sanitary or phytosanitary measures against insurance programs, as revised by the Bal- which was received by the Senate and ap- any pest to protect the environment or anced Budget Act of 1997 and the Medicare, peared in the Congressional Record on Sep- human, animal, or plant life or health. Medicaid, and SCHIP Balanced Budget Re- tember 7, 2000. finement Act of 1999, and for other purposes; Navy nomination of Marian L. Celli, which (3) ARTICLE XX (‘‘TECHNICAL ASSIST- read the first time. was received by the Senate and appeared in ANCE’’).—The United States understands that By Mr. BINGAMAN: the Congressional Record on September 7, the provisions of Article XX entail no bind- S. 3166. A bill to amend the Clinger-Cohen 2000. ing obligation to appropriate funds for tech- Navy nomination of Stephen M. Trafton, nical assistance. Act of 1996 to provide individual federal which was received by the Senate and ap- (b) DECLARATION.—The advice and consent agencies and the executive branch as a whole peared in the Congressional Record on Sep- of the Senate is subject to the following dec- with increased incentives to use the share- tember 7, 2000. laration: in-savings program under that Act, to ease Navy nominations beginning Eric M. Aaby TREATY INTERPRETATION.—The Senate af- the use of such program, and for other pur- and ending Anthony E. Zerangue, which firms the applicability to all treaties of the poses; to the Committee on Governmental nominations were received by the Senate and constitutionally based principles of treaty Affairs. appeared in the Congressional Record on interpretation set forth in Condition (1) of By Mr. DOMENICI (for himself and Mr. September 12, 2000. the resolution of ratification of the INF BINGAMAN): Navy nominations beginning William S. Treaty, approved by the Senate on May 27, S. 3167. A bill to establish a physician re- Abrams II and ending Michael Ziv, which 1988, and Condition (8) of the resolution of cruitment and retention demonstration nominations were received by the Senate and ratification of the Document Agreed Among project under the medicare program under appeared in the Congressional Record on the State Parties to the Treaty on Conven- title XVIII of the Social Security Act; to the September 12, 2000. tional Armed Forces in Europe, approved by Committee on Finance. Navy nomination of Jeffrey N. Rocker, the Senate on May 14, 1997. By Mr. TORRICELLI: which was received by the Senate and ap- (c) PROVISOS.—The advice and consent of S. 3168. A bill to eliminate any limitation peared in the Congressional Record on Sep- the Senate is subject to the following: on indictment for sexual offenses and make tember 13, 2000. (1) REPORT TO CONGRESS.—One year after awards to States to reduce their DNA case- Navy nominations beginning Jerry C. the date the amended Convention enters into work backlogs; to the Committee on the Ju- Mazanowski and ending James S. Car- force for the United States, and annually diciary. michael, which nominations were received thereafter for five years, the Secretary of By Mr. SESSIONS (for himself, Mr. by the Senate and appeared in the Congres- Agriculture, in consultation with the Sec- BINGAMAN, Mr. ALLARD , Mr. JOHN- sional Record on September 13, 2000. retary of State, shall provide a report on SON, Mr. CRAPO, and Mrs. LINCOLN):

VerDate 11-MAY-2000 23:08 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.134 pfrm02 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9945 S. 3169. A bill to amend the Federal Food, By Mr. LOTT (for himself and Mr. Bend, Indiana, testified about the im- Drug, and Cosmetic Act and the Inter- DASCHLE): portance of combating fraud and how national Revenue Code of 1986 with respect S. Con. Res. 144. A concurrent resolution the South Bend TRIAD program has to drugs for minor animal species, and for commemorating the 200th anniversary of the been providing seminars to Seniors on other purposes; to the Committee on Fi- first meeting of Congress in Washington, DC; nance. considered and agreed to. fraud prevention. He made clear that without federal funding TRIADs’ na- By Mr. DODD (for himself, Ms. COL- f LINS, and Mr. KENNEDY): tionwide efforts would have to cease. S. 3170. A bill to amend the Higher Edu- STATEMENTS ON INTRODUCED The authorization for Federal funding cation Act of 1965 to assist institutions of BILLS AND JOINT RESOLUTIONS provided in this bill should ensure the higher education to help at-risk students to continuation of TRIADs’ efforts. In stay in school and complete their 4-year Mr. BAYH (for himself, Mr. GRAMS, Mr. LEAHY, and Mr. order to assist TRIAD with those ef- postsecondary academic programs by helping forts, this bill also requires the Health those institutions to provide summer pro- CLELAND): grams and grant aid for such students, and S. 3164. A bill to protect seniors from and Human Services Department to for other purposes; to the Committee on fraud; to the Committee on the Judici- disseminate information to seniors on Health, Education, Labor, and Pensions. ary. fraud prevention through the Area By Mr. MURKOWSKI (for himself, Mr. Agencies on Aging and other existing PROTECTING SENIORS FROM FRAUD ACT BREAUX, and Mr. STEVENS): senior-focused programs. S. 3171. A bill to amend the Internal Rev- Mr. BAYH. Mr. President, today I In addition to educating seniors, this enue Code of 1986 to extend the section 29 rise as the author of the Protecting bill contains provisions which would credit for producing fuel from a non-conven- Seniors From Fraud Act, a bipartisan include seniors in the crime victimiza- tional source; to the Committee on Finance. bill to prevent fraud against seniors. tion survey and would require the By Mr. KENNEDY: The Protecting Seniors From Fraud S. 3172. A bill to provide access to afford- United States Attorney General to con- Act is extremely important because duct a study of crimes committed able health care for all Americans; to the seniors are disproportionately victims Committee on Finance. against seniors. I thank Senator LEAHY By Mr. SMITH of New Hampshire (for of telemarketing and sweepstakes for his leadership on this issue. These himself, Mr. WARNER, Mr. INHOFE, fraud. Even though Americans over the provisions would allow Congress to Mr. THOMAS, Mr. BOND, Mr. age of 50 account for approximately gather more information on crimes VOINOVICH, Mr. CRAPO, Mr. L. 27% of the United States population, against seniors in order to react with CHAFEE, Mr. BAUCUS, Mr. MOYNIHAN, they comprise 56% of the ‘‘mooch lists’’ appropriate legislative action. and Mr. GRAHAM): used by fraudulent telemarketers. Un- S. 3173. A bill to improve the implementa- Education is one of many steps that fortunately, fraudulent telemarketers needs to be taken to prevent fraud. I tion of the environmental streamlining pro- prey upon the trusting nature of sen- visions of the Transportation Equity Act for also introduced the ‘‘Combating Fraud the 21st Century; read the first time. iors and as a result seniors lose ap- Against Seniors Act’’ this year to in- By Mr. ABRAHAM: proximately $14.8 billion each year. crease enforcement measures and S. 3174. A bill to amend the Internal Rev- This can be prevented if seniors are toughen penalties against those pro- enue Code of 1986 to allow a long-term cap- educated about their consumer rights moting fraudulent schemes through ital gains deduction for individuals; to the and are informed about methods that mass-marketing. Education and tough- Committee on Finance. are available to them to confirm the By Mr. CRAIG (for himself, Mr. er penalties will hopefully protect sen- legitimacy of an investment or prod- iors from fraud. CONRAD, Mr. BAUCUS, Mr. BINGAMAN, uct. According to a national survey, Mr. BREAUX, Mr. BURNS, Mr. CRAPO, Protecting seniors from fraud is of Mr . DASCHLE, Mr. ENZI, Mr. GORTON, 70% of older fraud victims say it is dif- growing importance as our population Mr. GRAMM, Mr. GRAMS, Mr. GREGG, ficult to identify when fraud is hap- ages and more seniors save more Mr. HARKIN, Mrs. HUTCHISON, Mr. pening and 40% of older Americans can- money for their retirement. Our sen- JEFFORDS, Mr. JOHNSON, Mr. KEN- not distinguish between a legitimate iors deserve to be informed and their NEDY, Mr. KERREY, Mr. LEAHY, Mr. and a fraudulent telemarketing sales investments deserve to be secure. I LUGAR, Ms. MIKULSKI, Mrs. MURRAY, call. There is a need to educate seniors urge the Senate to consider this bipar- Mr. REED, Mr. SARBANES, Mr. SMITH about the dangers of fraud and how to tisan legislation and pass it prior to of New Hampshire, Mr. THOMAS, and avoid becoming a victim of fraud. As a Mr. WELLSTONE): adjournment. S. 3175. A bill to amend the Consolidated first step to educate seniors in my Mr. LEAHY. Mr. President, I join Farm and Rural Development Act to author- state of Indiana about fraud preven- today with Senators BAYH, GRAMS, and ize the National Rural Development Partner- tion, I held a Special Committee on CLELAND in introducing the ‘‘Pro- ship, and for other purposes; to the Com- Aging field hearing on protecting sen- tecting Seniors from Fraud Act of mittee on Agriculture, Nutrition, and For- iors from fraud. 2000.’’ I have been concerned for some estry. I heard testimony from two victims time that even as the general crime f of investment scams in which both lost rate has been declining steadily over a large sum of their retirement. Mrs. the past eight years, the rate of crime SUBMISSION OF CONCURRENT AND Georgeanne MaCurdy lost close to SENATE RESOLUTIONS against the elderly has remained un- $150,000 and Mr. Owen Saltzgaver lost changed. That is why I introduced the The following concurrent resolutions close to $50,000. Mr. Saltzgaver said ‘‘It Seniors Safety Act, S. 751, with Sen- and Senate resolutions were read, and was a scam from the beginning, I wish ators DASCHLE, KENNEDY, and referred (or acted upon), as indicated: I knew,’’ and Mrs. Georgeanne TORRICELLI over a year ago. By Mr. MACK: MaCurdy stated ‘‘It is the first thing I The Protecting Seniors from Fraud S. Res. 367. A resolution urging the Gov- think of when I get up in the morning Act includes one of the titles from the ernment of Egypt to provide a timely and and the last thing I think of when I go Seniors Safety Act. This title does two open appeal for Shaiboub William Arsel and to sleep. I thought I could trust him.’’ things. First, it instructs the Attorney to complete an independent investigation of At this hearing I highlighted the Pro- police brutality in Al-Kosheh; to the Com- General to conduct a study relating to mittee on Foreign Relations. tecting Seniors From Fraud Act. This crimes against seniors, so that we can By Mr. BROWNBACK (for himself and bill would provide necessary resources develop a coherent strategy to prevent Mr. TORRICELLI): to local programs part of the National and properly punish such crimes. Sec- S. Con. Res. 142. A concurrent resolution Association of TRIADs, a community- ond, it mandates the inclusion of sen- relating to the reestablishment of represent- policing program that partners law en- iors in the National Crime Victimiza- ative government in Afghanistan; to the forcement agencies with senior volun- tion Study. Both of these are impor- Committee on Foreign Relations. teers to reduce crime and fraud against tant steps, and they should be made By Mr. MURKOWSKI (for himself and the elderly. There are 725 counties with law. Mr. BINGAMAN): S. Con. Res. 143. A concurrent resolution to TRIADs nationwide. They help more The Protecting Seniors from Fraud make technical corrections in the enroll- than 16 million seniors. During the Act also includes important proposals ment of the bill H.R. 3676; considered and field hearing, Captain Ed Friend, the for addressing the problem of crimes agreed to. leader of the TRIAD program in South against the elderly, especially fraud

VerDate 11-MAY-2000 23:08 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.073 pfrm02 PsN: S05PT2 S9946 CONGRESSIONAL RECORD — SENATE October 5, 2000 crimes. In addition to the provisions complaints made about telemarketing is important, bipartisan legislation in- described above, the bill authorizes the companies. With a simple phone call, tended to address needed health care Secretary of Health and Human Serv- seniors could fine out whether the com- funding and other improvements in ices to make grants to establish local pany trying to sell to them over the these programs that are so important programs to prevent fraud against sen- phone or over the Internet has been the to millions of Americans. Every year iors and educate them about the risk of subject of complaints or been con- on the Finance Committee we main- fraud, as well as to provide information vinced of fraud. Senator BAYH has re- tain watchful oversight of these crit- about telemarketing and sweepstakes cently introduced another bill, S. 3025, ical programs to make sure that bene- fraud to seniors, both directly and the Combating Fraud Against Seniors ficiary access to services is main- through State Attorneys General. Act, which includes the part of the tained, and that payments and benefits These are two common-sense provi- Seniors Safety Act that establishes the are adjusted to meet beneficiaries’ sions that will help seniors protect clearinghouse for telemarketing fraud needs. This bill would add about $28 bil- themselves against crime. information. lion in funds to these programs over I hope that we can also take the time Third, the Seniors Safety Act pun- the next five years. Following are some to consider the rest of the Seniors ishes pension fraud. Seniors who have of the highlights of this legislation. Safety Act, and enact even more com- worked hard for years should not have (1) Medicare beneficiary assistance prehensive protections for our seniors. to worry that their hard-earned retire- provisions would reduce coinsurance li- The Seniors Safety Act offers a com- ment savings will not be there when ability for hospital outpatient services; prehensive approach that would in- they need them. The bill would create improve access to Medigap coverage; crease law enforcement’s ability to new criminal and civil penalties for permit Medicare+Choice plans to give battle telemarketing, pension, and those who defraud pension plans, and beneficiaries cash rebates of Part B health care fraud, as well as to police increase the penalties for bribery and premiums; protect access to immuno- nursing homes with a record of mis- graft in connection with employee ben- suppressive, cancer, hemophilia and treating their residents. The Justice efit plans. other drugs, and extend Part B pre- Department has said that the Seniors Fourth and finally, the Seniors Safe- mium assistance for lower-income Safety Act would ‘‘be of assistance in a ty Act strengthens law enforcement’s beneficiaries. number of ways.’’ I asked Senator ability to fight health care fraud. A re- (2) Preventive health benefits would HATCH to hold Judiciary Committee cent study by the National Institute expand existing or add new coverage hearings on the bill as long ago as Oc- for Justice reports that many health for pap smears, colorectal cancer tober 1999, and again this past Feb- care fraud schemes ‘‘deliberately tar- screening, and nutrition therapy, and ruary, but my requests have thus far get vulnerable populations, such as the request further work on effective pre- not been granted. I ask again today for elderly or Alzheimer’s patients, who ventive benefits for later consideration hearings on this important and com- are less willing or able to complain or in Medicare. (3) Rural health care improvements prehensive proposal. alert law enforcement.’’ This legisla- address service capacity and access to First, the Seniors Safety Act pro- tion gives law enforcement the addi- services through increased payments vides additional protections to nursing tional investigatory tools it needs to home residents. Nursing homes provide for critical access, sole-community and uncover, investigate, and prosecute Medicare-dependent hospitals. The an important service for our seniors— health care offenses in both criminal indeed, more than 40 percent of Ameri- package also includes provisions for and civil proceedings. It also protects rural health clinics, ambulance serv- cans turning 65 this year will need whistle-blowers who alert law enforce- nursing home care at some point in ices, and telemedicine. Rural hospitals, ment officers to examples of health skilled nursing facilities and home their lives. Many nursing homes do a care fraud. wonderful job with a very difficult health agencies also benefit from gen- In conclusion, I would like to com- eral financing improvements detailed task—this legislation simply looks to mend Senators BAYH and CLELAND for protect seniors and their families by in other sections. working to take steps to improve the (4) Medicare+Choice provisions sta- isolating the bad providers in oper- safety and security of America’s sen- bilize and improve funding for bene- ation. It does this by giving federal law iors. I call upon my colleagues to pass ficiaries electing to enroll in privately- enforcement the authority to inves- this bipartisan legislation and begin offered Medicare+Choice plans, with tigate and prosecute operators of those the fight to lower the crime rate special attention to rural commu- nursing homes that engage in a pattern against seniors. I also urge them to nities; restore funding for beneficiary of health and safety violations. This consider and pass the Seniors Safety education campaigns; and provide addi- authority is all the more important Act. Taken together, these two bills tional assistance for frail, disabled and given the study prepared by the De- would provide a comprehensive ap- rural beneficiaries. partment of Health and Human Serv- proach toward giving law enforcement (5) Hospital funding improvements ices and reported this summer in the and older Americans the tools they increase annual payment updates; im- New York Times showing that 54 per- need to prevent crime. prove disproportionate share hospital cent of American nursing homes fail to (DSH) payments under Medicare and meet the Department’s ‘‘proposed min- By Mr. ROTH (for himself, Mr. Medicaid for providing uncompensated imum standard’’ for patient care. The MOYNIHAN, Mr. JEFFORDS, Mr. care to uninsured patients; reform study also showed that 92 percent of MURKOWSKI, Mr. HATCH, and Mr. Medicare’s DSH program to reduce dis- nursing homes have less staff than nec- KERREY): parities in the treatment of rural and essary to provide optimal care. S. 3165. A bill to amend the Social Se- urban hospitals; add funding for Second, the Seniors Safety Act helps curity Act to make corrections and re- rehabilition hospitals; and protect pay- protect seniors from telemarketing finements in the Medicare, Medicaid, ments for teaching hospitals. fraud, which costs billions of dollars and SCHIP health insurance programs, (6) Skilled nursing facility (SNF) pro- every year. My bill would give the At- as revised by the Balanced Budget Act visions improve funding, maintain ac- torney General the authority to block of 1997 and the Medicare, Medicaid, and cess to therapy services, and reduce or terminate telephone service where SCHIP Balanced Budget Refinement regulatory burdens by delaying imple- that service is being used to defraud Act of 1999, and for other purposes; read mentation of consolidated billing. seniors. If someone takes your money the first time. (7) Home health and hospice provi- at gunpoint, the law says we can take MEDICARE, MEDICAID AND SCHIP IMPROVEMENTS sions protect funding for home health away their gun. If someone uses their ACT OF 2000 services by delaying a scheduled 15% phone to take away your money, the Mr. ROTH. Mr. President, I am very cut in payments; increasing funding for law should allow us to protect other pleased today to join Senator MOY- high-cost outlier cases, and making victims by taking their phone away. In NIHAN and my other colleagues on the special temporary payments to rural addition, my proposal would establish Senate Finance Committee in intro- agencies. Hospice provisions improve a Better Business Bureau-style clear- ducing the Medicare, Medicaid and funding, require research on issues re- inghouse that would keep track of SCHIP Improvements Act of 2000. This lated to eligibility for the benefit and

VerDate 11-MAY-2000 23:08 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.090 pfrm02 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9947 establish a hospice demonstration pro- payments to various Medicare pro- was set at 6.25 percent for FY 2001, and gram. viders, including: Teaching Hospitals; 5.5 percent thereafter. The package we (8) Dialysis and durable medical Hospital Outpatient Departments; are introducing today, would restore equipment (DME) provisions improve Medicare HMOs (Health Maintenance $600 million in funds for FY 2001 and payments for DME for all Medicare Organizations); Skilled Nursing Facili- FY 2002 by setting the IME adjustment beneficiaries, and for services received ties; Rural Health Providers; and Home at 6.5 percent in both years. The IME by individuals with end-stage renal dis- Health Agencies. adjustment would then fall to 5.5 per- ease, as well as enhancing their oppor- However, Members of Congress are cent thereafter—a reduction which I tunities to participate in the continuing to hear from providers who had hoped to cancel this year, and sin- Medicare+Choice program. argue that the 1997 reductions are still cerely hope the congress will cancel in (9) Additional provisions address phy- having serious unanticipated con- future legislation. sician, laboratory, ambulatory surgery sequences. I have stood before my colleagues on center and other medical services. The To respond to these continuing prob- countless occasions to bring attention package also creates a Joint Com- lems, the President last June proposed to the financial plight of medical mittee on Health Care Financing to additional BBA relief in the amount of schools and teaching hospitals. Yet, I provide professional support to the $21 billion over the next 5 years. On regret that the fate of the 144 accred- Congress in addressing the burgeoning September 20, Senator Daschle and I, ited medical schools and 1416 graduate cost and legislative complexity of the along with 32 of our Democratic col- medical education teaching institu- Medicare, Medicaid and State Chil- leagues, introduced a similar, but more tions still remains uncertain. The pro- dren’s Health Insurance programs and substantial, BBA relief package that posals in this bill will provide criti- monitoring the viability of safety net would provide about $40 billion over 5 cally needed financing—at least in the providers. years in relief to health care providers short-run. (10) Medicaid and SCHIP provisions and beneficiaries. Today, along with In the long-run, however, we need to improve the financing of and access to Senator ROTH, I am pleased to be co- restructure the financing of graduate services provided by federally qualified sponsoring a bipartisan BBA relief bill medical education along the lines I health centers and rural health clinics; to provider about $28 billion in relief have proposed in the Graduate Medical establish policies for the retention and over 5 years. Education Trust fund Act (S. 210). redistribution of unspent SCHIP funds; I want, in particular, to highlight What is needed is explicit and dedi- increase authorization for the Mater- that this legislation would—for fiscal cated funding for these institutions, nal and Child Health Block Grant; and years 2001 and 2002—prevent further re- which will ensure that the United add funding for special diabetes pro- ductions in the special Medicare pay- States continues to lead the world in grams for children and Native Ameri- ments to our Nation’s teaching hos- this era of medical discovery. The cans. pitals. A little background is in order. Graduate Medical Education Trust I would like to accomplish even more Medicare provides support to our Na- Fund Act would require that the public this year, especially in the Medicare tion’s teaching hospitals by adjusting sector, through the Medicare and Med- program. For instance, I remain com- its payments upward to reflect Medi- icaid programs, and the private sector mitted to securing comprehensive drug care’s share of costs associated with through an assessment on health insur- benefits for the aged and disabled bene- care provided by medical residents. ance premiums, provide broad-based fi- ficiaries in Medicare. I will continue to This is accomplished under two mecha- nancial support for graduate medical work towards that goal. However, I am nisms: direct graduate medical edu- education. S. 210 would roughly double pleased that we were able to achieve bi- cation (direct GME) payments; and in- current funding levels for Graduate partisan support for these improve- direct medical education (IME) adjust- Medical Education and would establish ments and I will continue my efforts to ments. Direct GME costs include items a Medical Education Advisory Commis- build the bipartisan consensus needed such as salaries of residents, interns, sion to make recommendations on the to proceed on larger Medicare reforms and faculty and overhead costs for operation of the Medical Education in the near future. classroom training. The separate IME Trust Fund, on alternative payment Mr. MOYNIHAN. Mr. President, I am adjustment was established in 1983 and sources for funding graduate medical pleased to join with Senator ROTH, dis- pertains to residency training costs education and teaching hospitals, and tinguished chairman of the Finance that are not directly attributable to on policies designed to maintain supe- Committee, in sponsoring the Medi- medical education expenses, but are rior research and educational capac- care, Medicaid, and SCHIP Improve- nevertheless associated with teaching ities. ment Act of 2000. activities and the teaching hospital’s In addition to restoring much needed As part of the effort to balance the research mission—for example, extra funding to our Nation’s teaching hos- Federal Budget, the Balanced Budget demands placed on hospital staff, addi- pitals for the next two years, this bill Act of 1997 (BBA) provided for reduc- tional tests ordered by residents, and would add back funding in many vital tion in Medicare payments for medical increased use of diagnostic testing and areas of health care. Key provisions of services. At the time of enactment, the advanced technology. Prior to the the bill we are introducing today Congressional Budget Office (CBO) esti- BBA, the IME adjustment increased would: provide full market basket (in- mated that these provisions would re- Medicare’s hospital payments by ap- flation) adjustments to hospitals for duce Medicare outlays by $112 billion proximately 7.7 percent for each 10 per- 2001 and 2002; target additional relief to over 5 years. We now know that these cent increase in a hospital’s ratio of in- rural hospitals; reduce cuts in pay- BBA cuts have been much larger than terns and residents to hospital beds. ments to hospitals for handling large originally anticipated—some argue The BBA included a reduction in the numbers of low-income patients (re- twice as large, although it’s difficult to IME adjustment from the previous 7.7 ferred to as ‘‘disproportionate share determine this with any precision. percent to 7.0 percent in FY 1998; to 6.5 (DSH) hospital payments’’); delay the Hospital industry representatives percent in FY 1999; to 6.0 percent in FY scheduled 15 percent cut in payments and other providers of health care serv- 2000; and to 5.5 percent in FY 2001 and to home health agencies; improve fund- ices have asserted that the magnitude subsequent years. In my judgment, ing for skilled nursing facilities; and of the reductions are having unin- these cuts would have seriously im- assist beneficiaries through preventive tended consequences which are seri- paired the cutting edge research con- benefits and smaller coinsurance pay- ously impacting the quantity and qual- ducted by teaching hospitals, as well as ments. ity of health care services available to impaired their ability to train doctors Let me close by again complimenting our citizens. and to serve so many of our nation’s Senator ROTH on developing this bill on Last year, the Congress addressed indigent. a bipartisan basis and expressing my some of those unintended con- Last year, in the BBRA, we miti- hope that the forthcoming information sequences, by enacting the Balanced gated the scheduled reduction in FY negotiations with committees of the Budget Refinement Act (BBRA), which 2000—freezing the IME adjustment at House will be similarly conducted on a added back $16 billion over 5 years in 6.5 percent; and the IME adjustment bipartisan basis.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.091 pfrm04 PsN: S05PT2 S9948 CONGRESSIONAL RECORD — SENATE October 5, 2000 By Mr. BINGAMAN: to a regular authority once a signifi- SEC. 3. EXPANSION OF AUTHORITY. S. 3166. A bill to amend the Clinger- cant number of projects have been Section 5311 of the Clinger-Cohen Act of Cohen Act of 1996 to provide individual done, the approach has been found to 1996 (divisions D and E of Public Law 104–106; 110 Stat. 692; 40 U.S.C. 1491) is amended— federal agencies and the executive be useful, and guidance on how to use (1) in subsection (a)— branch as a whole with increased in- the authority has been issued. This (A) by striking ‘‘the heads of two executive centives to use the share-in-savings gives the top levels of the executive agencies to carry out ’’ and inserting ‘‘heads program under that Act, to ease the branch a goal to push toward. of executive agencies to carry out a total of use of such program, and for other pur- Finally, my bill will ease implemen- five projects under’’; poses; to the Committee on Govern- tation of share-in-savings contracting (B) by striking ‘‘and’’ at the end of para- mental Affairs. by allowing agency program managers graph (1); (C) by striking the period at the end of INFORMATION TECHNOLOGY SHARE-IN-SAVINGS to approve the projects, thereby giving paragraph (2) and inserting ‘‘; and’’; and PROGRAM IMPROVEMENT ACT OF 2000 them greater autonomy and stream- (D) by adding at the end the following: Mr. BINGAMAN. Mr. President, lining the selection process. Currently, ‘‘(3) encouraging the use of the contracting today I’m introducing a bill designed share-in-savings IT projects must be and sharing approach described in para- to lower the cost of the government’s approved by the Administrator of Fed- graphs (1) and (2) by allowing the head of the information technology systems and eral Procurement, a very high level in executive agency conducting a project under improve how those systems serve our the executive branch. the pilot program— citizens by encouraging greater use of ‘‘(A) to retain, out of the appropriation ac- In sum, my bill will encourage great- counts of the executive agency in which sav- a ‘‘share-in-savings’’ approach to con- er use of the share-in-savings approach ings computed under paragraph (2) are real- tracting for information technology to IT contracting under the Clinger- ized as a result of the project, up to the (IT). Cohen Act by giving the agencies a por- amount equal to half of the excess of— Under a share-in-savings approach, tion of the savings to reinvest; the ex- ‘‘(i) the total amount of the savings, over the government contracts with a com- ecutive branch a goal; and the program ‘‘(ii) the total amount of the portion of the pany to provide an improved, lower managers more autonomy. savings paid to the private sector source for such project under paragraph (2); and cost IT service and the company pays I had originally planned to introduce the up-front costs of the project, which ‘‘(B) to use the retained amount to acquire this as an amendment to the Treasury, additional information technology.’’; is not the usual practice. In return, the Postal Appropriations bill. But, be- (2) in subsection (b)— contractor gets paid a portion of the cause it doesn’t look like we’ll have a (A) by inserting ‘‘a project under’’ after money saved by the government under chance to really debate that bill this ‘‘authorized to carry out’’; and the new arrangement. Essentially, the year, I’ve decided to introduce this bill (B) by striking ‘‘carry out one project contractor bears the capital costs need- today to get my proposal before the and’’; and ed for the government to save some Senate. (3) by striking subsection (c) and inserting money and has a strong incentive to the following: Now, to give some credit where credit ‘‘(c) EVOLUTION BEYOND PILOT PROGRAM.— decrease the government’s costs be- is due, I got interested in this topic be- (1) The Administrator may provide general cause they get paid a portion of any cause of a piece I saw in Roll Call on E- authority to the heads of executive agencies savings. Government by Patricia McGinnis of to use a share-in-savings contracting ap- Although this approach to IT con- the Council for Excellence in Govern- proach to the acquisition of information tracting is authorized as a pilot pro- technology solutions for improving mission- ment. In it she mentioned the idea of related or administrative processes of the gram under the Clinger-Cohen Act, I letting agencies retain some of the IT understand the executive branch has Federal Government if— savings they achieve in order to rein- ‘‘(A) after reviewing the experience under not made much use of this approach to vest it in more IT. the five projects carried out under the pilot date. Hence, I believe there are oppor- I also understand that the Govern- program under subsection (a), the Adminis- tunities for greater creativity in this mental Affairs Committee recently put trator finds that the approach offers the Fed- area if we give the agencies greater in- up a web site to discuss potential e- eral Government an opportunity to improve centives. government policies and legislation. its use of information technology and to re- Basically, my bill does three things. duce costs; and And, I was glad to learn that the share- ‘‘(B) issues guidance for the exercise of First, and most importantly, it gives in-savings approach to IT is one of its agencies an incentive to try a share-in- that authority. topics. ‘‘(2) For the purposes of paragraph (1), a savings approach by letting them keep So, I hope the Governmental Affairs share-in-savings contracting approach pro- up to half the government’s net savings committee will take a thorough look vides for contracting as described in para- to use for additional IT projects, rather at the ideas in my bill. I look forward graph (1) of subsection (a) together with the than having all the net savings going sharing and retention of amounts saved as to working with them to find new ways back to the Treasury. It’s just human described in paragraphs (2) and (3) of that to save the taxpayer money while im- nature that if you ask someone to do subsection. proving the services they are provided. ‘‘(3) In exercising the authority provided to something risky—like a new IT sys- Mr. President, I ask unanimous con- the Administrator in paragraph (1), the Ad- tem—but all the benefits go elsewhere, sent that the text of my bill and a let- ministrator shall consult with the Adminis- they’re not going to be very inclined to ter from Ms. McGinnis in support of trator for the Office of Information and Reg- do it. That is, unless they get to keep ulatory Affairs. the amendment I’d planned be included some of the benefits to improve their ‘‘(d) AVAILABILITY OF RETAINED SAVINGS.— in the RECORD at the conclusion of my own operations—which is what this bill Amounts retained by the head of an execu- remarks. tive agency under subsection (a)(3) or sub- let’s them do. The point here is that There being no objection, the mate- section (c) shall, without further appropria- the more agency managers actually are rial was ordered to be printed in the tion, be available for the executive agency willing to use this approach, the more for the acquisition of information tech- RECORD, as follows: money the taxpayer will save in the nology and shall remain available until ex- long run. S. 3166 pended. Amounts so retained from any ap- There’s precedent for this with re- Be it enacted by the Senate and House of Rep- propriation of the executive agency not oth- gard to certain Energy Savings Per- resentatives of the United States of America in erwise available for the acquisition of infor- mation technology shall be transferred to formance Contracts. Under a provision Congress assembled, SECTION 1. SHORT TITLE. any appropriation of the executive agency applicable to the Department of De- that is available for such purpose.’’. fense, local base commanders can keep This Act may be cited as the ‘‘Information Technology Share-in-Savings Program Im- a portion of the savings from those THE COUNCIL FOR EXCELLENCE provement Act of 2000’’. contracts to purchase more energy sav- IN GOVERNMENT, ing equipment or even for morale and SEC. 2. PURPOSES. Washington, DC, August 10, 2000. The purposes of this Act are to provide in- Sen. JEFF BINGAMAN, recreation purposes. dividual federal agencies and the executive Second, my bill gives the executive Hart Senate Office Building, branch as a whole with increased incentives Washington, DC. branch as a whole an incentive to try to use the share-in-savings program under DEAR SENATOR BINGAMAN: The Council for share-in-savings contracting for IT by the Clinger-Cohen Act of 1996 and to ease the Excellence in Government applauds your in- allowing the pilot program to graduate use of such program. terest in legislation to encourage federal

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.083 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9949 agencies to conduct pilot ‘‘share-in-savings’’ tion of high levels of poverty and low (A) an uninsured population above 20 per- partnerships under the Clinger-Cohen Act. Medicare reimbursement rates causes a cent (as determined by the Bureau of the We agree that making greater use of ‘‘share- twofold problem. Census); in-savings’’ projects will lead to successful First, patients often have difficulty (B) a population eligible for medical assist- public-private joint ventures that can ance under the medicaid program under title produce savings for the agencies and better obtaining timely care and second, XIX of the Social Security Act (42 U.S.C. 1396 results for the American people. states cannot effectively recruit and et seq.) above 17 percent (as determined by In particular, we think the approach to en- retain their physicians. Our Bill builds the Health Care Financing Administration); couraging greater use of ‘‘share-in-savings’’ upon the simple proposition that if (C) an unemployment rate above 4.8 per- partnerships embodied in your planned Medicare Physician reimbursement cent (as determined by the Bureau of Labor amendment to this year’s Treasury and Gen- rates are raised, patients will be the ul- Statistics); eral Government appropriations bill—allow- timate beneficiaries. (D) an average per capita income below $21,200 (as determined by the Bureau of Eco- ing agencies to retain some of the savings, The Bill we are introducing creates a and the pilots to easily graduate to a regular nomic Analysis); and authority—deserves serious consideration by two state demonstration program to (E) a geographic practice cost indices com- Congress. address these problems by increasing ponent of the reimbursement rate for physi- As you move forward, you may also want Medicare Physician reimbursements by cians under the medicare program that is to look at the work of the General Service 5 percent for a period of three years if below the national average (as determined Administration’s (GSA) Federal Technology certain criteria are met. by the Health Care Financing Administra- Center. Ken Buck, Director of Business Inno- The Bill also authorizes a GAO study tion). vations, Office of the Commissioner at GSA, (5) DURATION.—The demonstration project to determine whether: (1) patient ac- under this section shall be conducted for a is very knowledgeable about the successful cess to care and the ability of states to methods of contracting and procurement period of 3 years. using this approach. recruit and retain physicians is ad- (c) WAIVER AUTHORITY.—The Secretary In fact, the Council is working with GSA versely impacted when the enumerated may waive such requirements of the medi- to develop case studies of best practices factors in the previous section are care program under title XVIII of the Social using share-in-savings methods for use by present; and (2) increased Medicare Security Act (42 U.S.C. 1395 et seq.) to the ex- federal agencies. We will share that work tent and for the period that the Secretary Physician reimbursements improve pa- determines is necessary for carrying out the with you as soon as it is available. tient access to care and the ability of demonstration project under this section. Again, thanks for your leadership on this states to recruit and retain physicians. (d) GAO STUDY AND REPORT.— very important issue, which will not only Thank you and I look forward to (1) STUDY.—The Comptroller General of the promote e-government but also excellence in working with my colleague, Senator United States shall conduct a study on the government. demonstration project conducted under this Sincerely, BINGAMAN, on this very important issue. section to determine whether the access of PATRICIA MCGINNIS, beneficiaries under the medicare program to President and CEO. Mr. President, I ask unanimous con- health care and the ability of States to re- sent that a copy of the bill be printed cruit and retain physicians is— By Mr. DOMENICI (for himself in the RECORD. (A) adversely impacted by the factors de- and Mr. BINGAMAN): There being no objection, the bill was scribed in subparagraphs (A) through (E) of S. 3167. A bill to establish a physician ordered to be printed in the RECORD, as subsection (b)(4); and recruitment and retention demonstra- follows: (B) improved by increased payments to physicians under subsection (b)(2). tion project under the Medicare Pro- S. 3167 (2) REPORT.—Not later than 1 year after gram under title XVIII of the Social Be it enacted by the Senate and House of Rep- Security Act; to the Committee on Fi- the Secretary completes the demonstration resentatives of the United States of America in project under this section, the Comptroller nance. Congress assembled, General of the United States shall submit a f SECTION 1. SHORT TITLE. report on the results of the study conducted PHYSICIAN RECRUITMENT AND This Act may be cited as the ‘‘Physician under paragraph (1) to the appropriate com- Recruitment and Retention Act of 2000’’. mittees of Congress. RETENTION ACT OF 2000 SEC. 2. MEDICARE PHYSICIAN RECRUITMENT Mr. DOMENICI. Mr. President, I rise AND RETENTION DEMONSTRATION By Mr. TORRICELLI: today with my friend Senator BINGA- PROJECT. S. 3168. A bill to eliminate any limi- MAN to introduce the ‘‘Physician Re- (a) ESTABLISHMENT.—The Secretary of tation on indictment for sexual of- cruitment and Retention Act of 2000.’’ Health and Human Services (in this section fenses and make awards to State to re- Almost like clockwork one can pick referred to as the ‘‘Secretary’’) shall estab- duce their DNA casework backlogs; to lish a demonstration project for the purpose the Committee on the Judiciary. up an Albuquerque newspaper and read of improving— SEXUAL ASSAULT PROSECUTION ACT OF 2000 about the shortage of physicians in (1) access to health care for beneficiaries New Mexico and the resulting prob- under part B of the medicare program under Mr. TORRICELLI. Mr. President, I lems. When individuals have difficulty title XVIII of the Social Security Act (42 rise today to introduce the Sexual As- receiving adequate medical treatment, U.S.C. 1395j et seq.); and sault Prosecution act of 2000. This leg- action must be taken. (2) the ability of States to recruit and re- islation will ensure that no rapist will For example, in Albuquerque an tain physicians. evade prosecution when there is reli- urban area of almost 700,000 there are (b) CONDUCT OF DEMONSTRATION PROJECT.— able evidence of their guilt. (1) DEMONSTRATION SITES.—The demonstra- As the law is written today, a rapist only two neurosurgeons besides the tion project under this section shall be con- can walk away scot-free if they are not five practicing at the University of ducted in 2 sites, which shall be statewide. charged within five years of commit- New Mexico. Such a ratio can only (2) RECRUITMENT AND RETENTION OF PHYSI- ting their crime. This is true when if cause one thing, severe difficulties for CIANS.—Under the demonstration project, the overwhelming evidence of the offend- Secretary shall increase by 5 percent pay- patients. Thus, a patient recently wait- er’s guilt, such as a DNA match with ed eighteen hours in an Albuquerque ments for physicians’ services (as defined in section 1861(q) of the Social Security Act (42 evidence taken from the crime scene, is emergency room before seeing a neuro- later discovered. Some states, includ- surgeon. U.S.C. 1395x(q)) under section 1848 of such Act (42 U.S.C. 1395w–4) to physicians fur- ing my home state of New Jersey, have I would ask my colleagues the fol- nishing such services in any State that sub- recognized the injustice presented by lowing: what good are hospitals filled mits an application under paragraph (3) that this situation and have already abol- with the latest technology if there are is approved by the Secretary under para- ished their statutes of limitations on not enough doctors? And what good are graph (4). sexual assault crimes, and many other modern medical offices if there are not (3) APPLICATION.—Any State wishing to states are considering similar meas- enough doctors to treat the patients in participate in the demonstration program ures. Given the power and precision of shall submit an application to the Secretary a timely manner? DNA evidence, it is now time that the The problem I have just described is at such time, in such manner, and in such form as the Secretary may reasonably re- federal government abolish the current not just occurring in New Mexico, rath- quire. statute of limitations on federal sexual er other states are experiencing similar (4) APPROVAL.—The Secretary shall ap- assault crimes. problems because of a common set of prove the applications of 2 States that, based The precision with which DNA evi- problems. I would submit the combina- upon 1998 data, have— dence can identify a criminal assailant

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.098 pfrm04 PsN: S05PT2 S9950 CONGRESSIONAL RECORD — SENATE October 5, 2000 has increased dramatically over the of title 18, United States Code, is amended by with respect to drugs for minor animal past couple decades. Because of its adding at the end the following: species, and for other purposes; to the exactness, DNA evidence is now rou- ‘‘3296. Sexual offenses.’’. Committee on Finance. tinely collected by law enforcement SEC. 3. AWARDS TO STATES TO REDUCE DNA MINOR ANIMAL SPECIES HEALTH AND WELFARE CASEWORK BACKLOG. personnel in the course of investigating ACT OF 2000 (a) DEVELOPMENT OF PLAN.— many crimes, including sexual assault (1) IN GENERAL.—Not later than 45 days Mr. SESSIONS. Mr. President, I rise crimes. The DNA profile of evidence after the date of enactment of this Act, the today to bring attention to a problem collected at a sexual assault crime Director of the Federal Bureau of Investiga- that unfortunately goes largely unno- scene can be compared to the DNA pro- tion, in coordination with the Assistant At- ticed except by those who are directly files of convicted criminals, or the pro- torney General of the Office of Justice Pro- affected. Livestock and food animal file of a particular suspect, in order to grams of the Department of Justice, and producers, pet owners, zoo and wildlife determine who committed the crime. after consultation with representatives of biologists, and animals themselves are States and private forensic laboratories, facing a severe shortage of approved Moreover, because of the longevity of shall develop a plan to grant voluntary DNA evidence, it can be used to posi- awards to States to facilitate DNA analysis animal drugs for minor species. tively identify a rapist many years of all casework evidence of unsolved crimes. Minor species include thousands of after the actual sexual assault. (2) OBJECTIVE.—The objective of the plan animal species, including all fish, The enormous advancements in DNA developed under paragraph (1) shall be to ef- birds, and sheep. By definition, they science have greatly expanded law en- fectively expedite the analysis of all case- are any animals other than cattle, forcement’s ability to investigate and work evidence of unsolved crimes in an effi- horses, chickens, swine, turkeys, dogs prosecute sexual assault crimes. Unfor- cient and effective manner, and to provide and cats, the most common animals. tunately, the law has not kept pace for the entry of DNA profiles into the com- There are millions of those animals. A bined DNA Indexing System (‘‘CODIS’’). with science. Given the precise accu- (b) AWARD CRITERIA.—The Federal Bureau similar shortage of drugs and medi- racy and reliability of DNA testing, of Investigation, in coordination with the cines for major animal species exists however, the legal and moral justifica- Assistant Attorney General of the Office of for diseases which occur infrequently tions for continuing to impose a stat- Justice Programs of the Department of Jus- or which occur in limited geographic ute of limitations on sexual assault tice, shall develop criteria for the granting areas. Due to the lack of availability crimes are extremely weak. To that of awards under this section including— for these minor-use drugs, millions of end, I am introducing the ‘‘Sexual As- (1) the applying State’s number of unsolved animals go untreated or treatment is crimes awaiting DNA analysis; and sault Prosecution Act of 2000’’ which (2) the applying State’s development of a delayed. Unnecessary animal physical will eliminate the statute of limita- comprehensive plan to collect and analyze and human emotional suffering results, tions for sexual assault crimes. This DNA evidence. and human health may be threatened legislation will not affect the burdens (c) GRANTING OF AWARDS.—The Federal Bu- as well. of proof and the government will still reau of Investigation, in coordination with Without access to these necessary have to prove guilt beyond a reason- the Assistant Attorney General of the Office minor-use drugs, farmers and ranchers able doubt before any person could be of Justice Programs of the Department of will also suffer. An unhealthy animal Justice, shall develop applications for left untreated can spread disease convicted of a crime. awards to be granted to States under this Currently, the statute of limitations section, shall consider all applications sub- throughout an entire stock. This for arson and financial institution mitted by States, and shall disburse all causes severe economic hardship to crimes is 10 years and is 20 years for awards under this section. struggling ranchers and farmers. crimes involving the theft of major (d) AWARD CONDITIONS.—States receiving For example, sheep ranchers lost artwork. If it made sense to extend the awards under this section shall— nearly $45 million worth of livestock traditional five-year limitations period (1) require that each laboratory performing alone in 1999. The sheep industry esti- for these offenses, surely it makes DNA analysis satisfies quality assurance mates that if it had access to effective standards and utilizes state-of-the-art DNA and necessary drugs, growers’ repro- sense to do so for sexual assault testing methods, as set forth by the Federal crimes, particularly when DNA tech- Bureau of Investigation in coordination with duction costs for their animals could nology makes it possible to identify an the Assistant Attorney General of the Office be cut by up to 15 percent. In addition, offender many years after the commis- of Justice Programs of the Department of feedlot deaths from disease would be sion of the crime. By eliminating this Justice; reduced by 1 to 2 percent, adding ap- ticking clock, we can see to it that no (2) ensure that each DNA sample collected proximately $8 million to the revenue victim of sexual assault is denied jus- and analyzed be made available only— of the industry. tice simply because the clock ran out. (A) to criminal justice agencies for law en- The catfish industry is the No. 2 agri- forcement purposes; I look forward to working with each culture industry in Alabama. Though (B) in judicial proceedings if otherwise ad- it is not the State’s only aquacultural and every one of you in order to get missible; this legislation enacted into law. (C) for criminal defense purposes, to a commodity, catfish is by far its larg- I ask unanimous consent that the criminal defendant, who shall have access to est. The catfish industry generates full text of the bill be printed in the samples and analyses performed in connec- enormous economic opportunity in the RECORD. tion with any case in which such defendant State, particularly in west Alabama, There being no objection, the bill was is charged; or one of the poorest regions of the State ordered to be printed in the RECORD, as (D) if personally identifiable information is and where I grew up. follows: removed, for a population statistics data- The catfish industry estimates its base, for identification research and protocol losses at $60 million a year, attrib- S. 3168 development purposes, or for quality control Be it enacted by the Senate and House of Rep- purposes; and utable to diseases for which drugs are resentatives of the United States of America in (3) match the award by spending 15 percent not available. Indeed, it is not uncom- Congress assembled, of the amount of the award in State funds to mon for a catfish producer to lose half SECTION 1. SHORT TITLE. facilitate DNA analysis of all casework evi- his stock in a pond due to disease. The This Act may be cited as the ‘‘Sexual As- dence of unsolved crimes. U.S. aquaculture industry overall, in- sault Prosecution Act of 2000’’. (e) AUTHORIZATION OF APPROPRIATIONS.— cluding food fish and ornamental fish, SEC. 2. SEXUAL OFFENSE LIMITATION. There are authorized to be appropriated to produces and raises over 800 different (a) IN GENERAL.—Chapter 213 of title 18, the Department of Justice $15,000,000 for each of fiscal years 2001, 2002, 2003, and 2004, species. Unfortunately, this industry United States Code, is amended— has only five drugs that are approved (1) in section 3283, by striking ‘‘sexual or’’; for awards to be granted under this section. and for treating these diseases. This results (2) by adding at the end the following: Mr. SESSIONS (for himself, Mr. in tremendous economic hardship and ‘‘§ 3296. Sexual offenses BINGAMAN, Mr. ALLARD, Mr. suffering. Because of limited market oppor- ‘‘An indictment for any offense committed JOHNSON, Mr. CRAPO, and Mrs. in violation of chapter 109A of this title may LINCOLN): tunity, low profit margins, and the be found at any time without limitation.’’. S. 3169. A bill to amend the Federal enormous capital investment required, (b) TECHNICAL AND CONFORMING AMEND- Food, Drug, and Cosmetic Act and the it is seldom economically feasible for MENTS.—The table of sections for chapter 213 International Revenue Code of 1986 drug manufacturers to pursue research

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.101 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9951 and development and then seek ap- This is commonsense legislation ‘‘(mm) The term ‘species with no human proval of it by FDA for drugs used in which will benefit millions of Amer- food safety concern’ means an animal spe- treating these minor species and for in- ican pet owners, farmers, and ranchers. cies, or life stage of an animal species, that frequent conditions and diseases in all It is the result of a tremendous cooper- is not customarily used for food for humans animals. As a result, a group of people ative effort by virtually every entity and does not endanger the public health.’’. have come together, an effective pro- concerned with this problem. They (b) MINOR USE ANIMAL DRUGS.—Chapter V fessional coalition, to deal with this have worked with the Food and Drug of the Federal Food, Drug, and Cosmetic Act problem. Administration and continue to work (21 U.S.C. 351 et seq.) is amended by adding I, along with Senator BINGAMAN from with the FDA on this bill. at the end the following new subchapter: New Mexico, Senator ALLARD, Senator I believe we are on the verge of tak- ‘‘SUBCHAPTER F—ANIMAL DRUGS FOR CRAPO, Senator LINCOLN, and Senator ing a big step to facilitate the intro- MINOR USES JOHNSON resolve to improve this situa- duction of more drugs that help treat tion by introducing the Minor Animal animals in our country. I thank the ‘‘DESIGNATION OF DRUGS FOR MINOR USES Species Health and Welfare Act of 2000. people who have all worked to make ‘‘SEC. 571. (a) Prior to the submission of an This legislation will allow animal drug this a reality. I particularly thank application for approval of a new animal manufacturers the opportunity to de- Mary Alice Tyson on my staff who has drug under section 512(b), a manufacturer or velop and obtain approval for minor- worked so hard on this project. sponsor of such drug may request that the use drugs which are vitally needed by a I ask unanimous consent that the Secretary designate such drug as a drug for wide variety of animal industries. text of the bill be printed in the a minor use. The Secretary shall designate Our legislation incorporates the RECORD. such drug as a drug for minor use if the Sec- major proposals of the Food and Drug There being no objection, the bill was retary finds that such drug is or will be in- Administration’s Center for Veterinary ordered to be printed in the RECORD, as vestigated for a minor use and the applica- Medicine to increase the availability of follows: tion for such drug is approved under section drugs for minor animal species and S. 3169 512. A request for a designation of a drug rare diseases in all animals. It actually Be it enacted by the Senate and House of Rep- under this subsection shall contain the con- creates incentives for animal drug resentatives of the United States of America in sent of the applicant to notice being given by manufacturers to invest in product de- Congress assembled, the Secretary under subsection (c) respect- velopment and obtain FDA marketing SECTION 1. SHORT TITLE. ing the designation of the drug. approvals. This Act may be cited as the ‘‘Minor Ani- ‘‘(b) The designation of a drug as a drug for This legislation creates a program mal Species Health and Welfare Act of 2000’’. a minor use under subsection (a) shall be very similar to the very successful SEC. 2. FINDINGS. subject to the condition that— The Congress finds as follows: ‘‘(1) if an application was approved for the human orphan drug program that has (1) There is a severe shortage of approved dramatically increased the availability drug under section 512(c), the manufacturer animal drugs for use in minor species. of the drug will notify the Secretary of any of drugs to treat rare human diseases (2) There is a severe shortage of approved discontinuance of the production of the drug over the past 20 years. Besides pro- drugs for treating animal diseases and condi- at least 1 year before discontinuance; and viding benefits to livestock producers tions that occur infrequently or in limited ‘‘(2) if an application has not been ap- and animal owners, this measure will geographic areas. proved for the drug under section 512(c) and develop incentives and sanctioning pro- (3) Because of the small market shares, if preclinical investigations or investigations grams for the pharmaceutical industry, low-profit margins involved, and capital in- under section 512(j) are being conducted with vestment required, it is generally not eco- while maintaining and ensuring public the drug, the manufacturer or sponsor of the nomically feasible for animal drug manufac- drug will notify the Secretary of any deci- health. turers to pursue approvals for these species, The Minor Animal Species Health sion to discontinue active pursuit of ap- diseases, and conditions. proval of an application under section 512(b). and Welfare Act will not alter FDA (4) Because the populations for which such drug approval responsibilities that en- drugs are intended are small and conditions ‘‘(c) Notice respecting the designation of a sure the safety of animal drugs to the of animal management may vary widely, it drug under subsection (a) shall be made public. The FDA Center for Veterinary is often difficult or impossible to design and available to the public. conduct studies to establish drug safety and Medicine currently evaluates new ani- ‘‘PROTECTION FOR DRUGS FOR MINOR USES mal drug products prior to approval effectiveness under traditional animal drug and use. This rigorous testing and re- approval processes. ‘‘SEC. 572. (a) Except as provided in sub- (5) It is in the public interest and in the in- section (b): view process provides consumers with terest of animal welfare to provide for spe- ‘‘(1) If the Secretary approves an applica- the confidence that animal drugs are cial procedures to sanction the lawful use tion filed pursuant to section 512 for a drug safe for animals and consumers of prod- and marketing of animal drugs for minor designated under section 571 for a minor use, ucts derived from treated animals. species and minor uses that take into ac- no active ingredient (including any salt or Current FDA requirements include count these special circumstances and that ester of the active ingredient) of which has guidelines to prevent harmful residues ensure that such drugs do not endanger the been approved in any other application under and evaluations to examine the poten- public health. section 512, the Secretary may not approve tial for the selection of resistant (6) Exclusive marketing rights and tax or conditionally approve another application pathogens. Any food animal medicine credits for clinical testing expenses have submitted under section 512 or section 573 for helped encourage the development of orphan or drug considered for approval under such drug for such minor use for a person drugs for human use, and comparable incen- who is not the holder of such approved appli- this bill would be subject to these same tives will help encourage the development cation until the expiration of 10 years from assessments. and sanctioning for lawful marketing of ani- the date of the approval of the application. The Minor Animal Species Health mal drugs for minor species and minor uses. ‘‘(2) If the Secretary approves an applica- and Welfare Act is supported by 25 or- SEC. 3. AMENDMENTS AFFECTING THE FOOD AND tion filed pursuant to section 512 for a drug ganizations, including the American DRUG ADMINISTRATION. designated under section 571 for a minor use, Farm Bureau Federation, the Amer- (a) DEFINITIONS.—Section 201 of the Fed- which includes an active ingredient (includ- ican Health Institute, the American eral Food, Drug, and Cosmetic Act (21 U.S.C. ing an ester or salt of the active ingredient) Veterinary Medical Association, and 321) is amended by adding at the end the fol- that has been approved in any other applica- lowing: the National Aquaculture Association. tion under section 512, the Secretary may ‘‘(kk) The term ‘minor species’ means ani- not approve or conditionally approve an- It is vital legislation. mals other than cattle, horses, swine, chick- This act will reduce the economic other application submitted under section ens, turkeys, dogs, and cats, except that the 512 or section 573 for such drug for such risks and hardship which fall upon Secretary may amend this definition by reg- minor use for a person who is not the holder ranchers and farmers as a result of dis- ulation. of such approved application until the expi- ‘‘(ll) The term ‘minor use’ means the use of eases. It will benefit pets and their ration of 7 years from the date of approval of a drug— owners and benefit various endangered the application. ‘‘(1) in a minor species, or species of aquatic animals. The act will ‘‘(2) in an animal species other than a ‘‘(b) If an application filed pursuant to sec- also promote the health of all animal minor species for a disease or condition that tion 512 is approved for a drug designated species while protecting human health occurs infrequently or in limited geographic under section 571, the Secretary may, during and will alleviate unnecessary animal areas, except that the Secretary may amend the 10-year or 7-year period beginning on the suffering. this definition by regulation. date of the application approval, approve or

VerDate 11-MAY-2000 23:08 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.117 pfrm02 PsN: S05PT2 S9952 CONGRESSIONAL RECORD — SENATE October 5, 2000 conditionally approve another application drug is safe for use under the conditions pre- data, and (D) whether the conditions of use under section 512 or section 573 for such drug scribed, recommended, or suggested in the prescribed, recommended, or suggested in for such minor use for a person who is not proposed labeling; the proposed labeling are reasonably certain the holder of such approved application if— ‘‘(B) the results of such tests show that to be followed in practice. Any order issued ‘‘(1) the Secretary finds, after providing such drug is unsafe for use under such condi- under this subsection refusing to approve an the holder notice and opportunity for the tions or do not show that such drug is safe application shall state the findings upon submission of views, that in such period the for use under such conditions; which it is based. holder of the approved application cannot as- ‘‘(C) the methods used in, and the facilities ‘‘(d)(1) A conditional approval granted by sure the availability of sufficient quantities and controls used for, the manufacture, proc- the Secretary under this section shall be ef- of the drug to meet the needs for which the essing, and packing of such drug are inad- fective for a 1-year period. The Secretary drug was designated; or equate to preserve its identity, strength, shall, upon request, renew a conditional ap- ‘‘(2) such holder provides the Secretary in quality, and purity; proval for up to 4 additional 1-year terms, writing the consent of such holder for the ap- ‘‘(D) upon the basis of the information sub- unless the Secretary by order makes a find- proval or conditional approval of other appli- mitted to the Secretary as part of the appli- ing that— cations before the expiration of such 10-year cation, or upon the basis of any other infor- ‘‘(A) the applicant is not making appro- or 7-year period. mation before the Secretary with respect to priate progress toward meeting approval re- such drug, the Secretary has insufficient in- quirements under section 512, and is unlikely ‘‘CONDITIONAL APPROVAL FOR MINOR USE NEW to be able to fulfill such requirements and ANIMAL DRUGS formation to determine whether such drug is safe for use under such conditions; obtain such approval under such section be- ‘‘SEC. 573. (a)(1) Except as provided in para- fore the 5 year maximum term of the condi- graph (2), any person may file with the Sec- ‘‘(E) evaluated on the basis of the informa- tion submitted to the Secretary as part of tional approval expires; retary an application for conditional ap- ‘‘(B) excessive quantities of the drug have proval of a new animal drug for a minor use. the application and any other information before the Secretary with respect to such been produced, without adequate expla- Such person shall submit to the Secretary as nation; or part of an application— drug, there is insufficient information to show that there is a reasonable expectation ‘‘(C) another drug with the same active in- ‘‘(A) reports of investigations which have gredient or ingredients for the same condi- been made to show whether or not such drug that the drug will have the effect it purports or is represented to have under the condi- tions of use has received approval under sec- is safe for use; tion 512, and the holder of the approved ap- ‘‘(B) information to show that there is a tions of use prescribed, recommended, or suggested in the proposed labeling; plication is able to assure the availability of reasonable expectation that the drug is ef- sufficient quantities of the drug to meet the fective for its intended use, such as data ‘‘(F) upon the basis of information sub- mitted to the Secretary as part of the appli- needs for which the drug is intended. from a pilot investigation, data from an in- ‘‘(2) If the Secretary does not renew a con- cation or any other information before the vestigation in a related species, data from a ditional approval, the Secretary shall pro- Secretary with respect to such drug, any use single investigation, data from an investiga- vide due notice and an opportunity for an ex- tion using surrogate endpoints, data based prescribed, recommended, or suggested in la- pedited informal hearing to the applicant. on pharmacokinetic extrapolations, data beling proposed for such drug will result in a ‘‘(e)(1) The Secretary shall, after due no- from a short-term investigation, or data residue of such drug in excess of a tolerance tice and opportunity for an expedited infor- from the investigation of closely-related dis- found by the Secretary to be safe for such mal hearing to the applicant, issue an order eases; drug; withdrawing conditional approval of an ap- ‘‘(C) the quantity of drug expected to be ‘‘(G) based on a fair evaluation of all mate- plication filed pursuant to subsection (a) if manufactured and distributed on an annual rial facts, such labeling is false or mis- the Secretary finds— basis; leading in any particular; ‘‘(A) that experience or scientific data ‘‘(D) a commitment that the applicant will ‘‘(H) such drug induces cancer when in- show that such drug is unsafe for use under conduct additional investigations to support gested by humans or animal or, after tests the conditions of use upon the basis of which approval of an application under section 512 which are appropriate for the evaluation of the application was conditionally approved; within the time frame set forth in subsection the safety of such drug, induces cancer in hu- ‘‘(B) that new evidence not contained in (d)(1)(A); mans or animal, unless the Secretary finds such application or not available to the Sec- ‘‘(E) reasonable data for establishing a con- that, under the conditions for use specified retary until after such application was con- ditional dose; and in proposed labeling and reasonably certain ditionally approved, or tests by new meth- ‘‘(F) the information required by section to be followed in practice— ods, or tests by methods not deemed reason- 512(b)(1)(B)–(H). ‘‘(i) such drug will not adversely affect the ably applicable when such application was ‘‘(2) A person may not file an application animals for which it is intended; and conditionally approved, evaluated together under paragraph (1) if the person has filed a ‘‘(ii) no residue of such drug will be found with the evidence available to the Secretary previous application under paragraph (1) for (by methods of examination prescribed or ap- when the application was conditionally ap- the same drug and conditions for use that proved by the Secretary by regulations, proved, shows that such drug is not shown to was conditionally approved by the Secretary which regulations shall not be subject to be safe for use under the conditions of use under subsection (b). subsections (c)) in any edible portion of such upon the basis of which the application was ‘‘(b)(1) Within 180 days after the filing of an animals after slaughter or in any food yield- conditionally approved; application pursuant to subsection (a), or ed by or derived from the living animals; or ‘‘(C) on the basis of new information before such additional period as may be agreed ‘‘(I) another person has received approval the Secretary with respect to such drug, upon by the Secretary and the applicant, the under section 512 for a drug with the same evaluated together with the evidence avail- Secretary shall either (A) issue an order con- active ingredient or ingredients and the able to the Secretary when the application ditionally approving the application if the same conditions of use, and that person is was conditionally approved, that there is not Secretary then finds that none of the able to assure the availability of sufficient a reasonable expectation that such drug will grounds for denying conditional approval quantities of the drug to meet the needs for have the effect it purports or is represented specified in subsection (c) applies, or (B) give which the drug is intended; to have under the conditions of use pre- the applicant notice of an opportunity for an the Secretary shall issue an order refusing to scribed, recommended, or suggested in the expedited informal hearing on the question conditionally approve the application. If, labeling; whether such application is conditionally ap- after such notice and opportunity for hear- ‘‘(D) that the application contains any un- provable. ing, the Secretary finds that subparagraphs true statement of a material fact; or ‘‘(2) A drug manufactured in a pilot or (A) through (I) do not apply, the Secretary ‘‘(E) that the applicant has made any other small facility may be used to dem- shall issue an order conditionally approving changes from the standpoint of safety or ef- onstrate the safety and effectiveness of the the application. fectiveness beyond the variations provided drug and to obtain conditional approval for ‘‘(2) In determining whether such drug is for in the application unless the applicant the drug prior to manufacture of the drug in safe for use under the conditions prescribed, has supplemented the application by filing a larger facility, unless the Secretary makes recommended, or suggested in the proposed with the Secretary adequate information re- a determination that a full scale production labeling thereof, the Secretary shall con- specting all such changes and unless there is facility is necessary to ensure the safety or sider, among other relevant factors, (A) the in effect a conditional approval of the sup- effectiveness of the drug. probable consumption of such drug and of plemental application, which supplemental ‘‘(c)(1) If the Secretary finds, after due no- any substance formed in or on food because application shall be treated in the same tice to the applicant and giving the appli- of the use of such drug, (B) the cumulative manner as the original application. cant an opportunity for an expedited infor- effect on man or animal of such drug, taking If the Secretary finds that there is an immi- mal hearing, that— into account any chemically or pharma- nent hazard to the health of man or of the ‘‘(A) the investigations, reports of which cologically related substance, (C) safety fac- animals for which such drug is intended, the are required to be submitted to the Sec- tors which in the opinion of experts, quali- Secretary may suspend the conditional ap- retary pursuant to subsection (a), do not in- fied by scientific training and experience to proval of such application immediately, and clude adequate tests by all methods reason- evaluate the safety of such drugs, are appro- give the applicant prompt notice of the Sec- ably applicable to show whether or not such priate for the use of animal experimentation retary’s action and afford the applicant the

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.104 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9953 opportunity for an expedited informal hear- regulation, or by order with respect to such Secretary to evaluate the safety and effec- ing. Authority to suspend the conditional ap- application, prescribe on the basis of a find- tiveness of such article in the event of the proval of an application shall not be dele- ing that such records and reports are nec- filing of an application pursuant to this sec- gated below the Commissioner of Food and essary in order to enable the Secretary to de- tion. Such regulations, among other things, Drugs. termine, or facilitate a determination, shall set forth the conditions (if any) upon ‘‘(2) The Secretary may also, after due no- whether there is or may be ground for refus- which animals treated with such articles, tice and opportunity for an expedited infor- ing to renew the conditional approval under and any products of such animals (before or mal hearing to the applicant, issue an order subsection (d) or for invoking subsection (e). after slaughter), may be marketed for food withdrawing the conditional approval of an Such regulation or order shall provide, where use. application with respect to any new animal the Secretary deems it to be appropriate, for ‘‘INDEX OF LEGALLY MARKETED UNAPPROVED drug under this section if the Secretary the examination, upon request, by the per- MINOR USE ANIMAL DRUGS FOR MINOR SPE- finds— sons to whom such regulation or order is ap- CIES WITH NO HUMAN FOOD SAFETY CONCERN ‘‘(A) that the applicant has failed to estab- plicable, of similar information received or lish a system for maintaining required otherwise obtained by the Secretary. ‘‘SEC. 574. (a)(1) The Secretary shall estab- records, or has repeatedly or deliberately ‘‘(2) Every person required under this sub- lish an index of unapproved minor use new failed to maintain such records or to make section to maintain records, and every per- animal drugs that may be lawfully marketed required reports in accordance with a regula- son in charge or custody thereof, shall, upon for use in minor species with no human food tion or order under subsection (h), or the ap- request of an officer or employee designated safety concern. plicant has refused to permit access to, or by the Secretary, permit such officer or em- ‘‘(2) Such index is intended to benefit pri- copying or verification of, such records as re- ployee at all reasonable times to have access marily zoo and wildlife species, aquarium quired by paragraph (2) of such subsection; to and copy and verify such records. and bait fish, reptiles and amphibians, caged ‘‘(B) that on the basis of new information ‘‘(i)(1) The label and labeling of a drug with birds, and small pet mammals as well as before the Secretary, evaluated together a conditional approval under this section some commercially produced species such as with the evidence before the Secretary when shall state that fact prominently and con- cricket, earthworms and possibly nonfood the application was conditionally approved, spicuously. life stages of some minor species used for the methods used in, or the facilities and ‘‘(2) Conditions of use that are the subject human food such as oysters and shellfish. controls used for, the manufacture, proc- of a conditional approval under this section ‘‘(3) Such index shall conform to the re- essing, and packing of such drug are inad- shall not be combined in product labeling quirements in subsection (d). equate to assure and preserve its identity, with any conditions of use approved under ‘‘(b)(1) Any person may submit a request to strength, quality, and purity and were not section 512. the Secretary for a preliminary determina- made adequate within a reasonable time ‘‘(j)(1) Safety and effectiveness data and in- tion that a drug may be eligible for inclusion after receipt of written notice from the Sec- formation which has been submitted in an in the index. Such a request shall include— retary specifying the matter complained of; application filed under subsection (a) for a ‘‘(A) information regarding the proposed or drug and which has not previously been dis- species, conditions of use, and anticipated ‘‘(C) that on the basis of new information closed to the public shall be made available annual production; before the Secretary, evaluated together to the public, upon request, unless extraor- ‘‘(B) information regarding product formu- with the evidence before the Secretary when dinary circumstances are shown— lation and manufacturing; and the application was conditionally approved, ‘‘(A) if no work is being or will be under- ‘‘(C) information sufficient for the Sec- the labeling of such drug, based on a fair taken to have the application conditionally retary to determine that there does not ap- evaluation of all material facts, is false or approved, pear to be human food safety, environmental misleading in any particular and was not ‘‘(B) if the Secretary has determined that safety, occupational safety, or bio- corrected within a reasonable time after re- the application is not conditionally approv- availability concerns with the proposed use ceipt of written notice from the Secretary able and all legal appeals have been ex- of the drug. specifying the matter complained of. hausted, ‘‘(2) Within 90 days after the submission of ‘‘(3) Any order under this subsection shall ‘‘(C) if conditional approval of the applica- a request for a preliminary determination state the findings upon which it is based. tion under subsection (c) is withdrawn and under paragraph (1), the Secretary shall ‘‘(f) The decision of the Secretary under all legal appeals have been exhausted, or grant or deny the request, and notify the subsections (c), (d), or (e) shall constitute a ‘‘(D) if the Secretary has determined that submitter of the Secretary’s conclusion. The final agency decision for purposes of judicial such drug is not a new animal drug. Secretary shall grant the request if it ap- review. ‘‘(2) Any request for data and information pears that— ‘‘(g)(1) When an application filed pursuant pursuant to paragraph (1) shall include a ‘‘(A) the request addresses the need for a to subsection (a) is conditionally approved, verified statement by the person making the minor use animal drug for which there is no the Secretary shall by notice publish in the request that any data or information re- approved or conditionally approved drug, and Federal Register the name and address of the ceived under such paragraph shall not be dis- ‘‘(B) the proposed drug use does not appear applicant and the conditions and indications closed by such person to any other person— to raise human food safety, environmental of use of the new animal drug covered by ‘‘(A) for the purpose of, or as part of a plan, safety, occupational safety, or bio- such application, including any tolerance scheme, or device for, obtaining the right to availability concerns. and withdrawal period or other use restric- make, use, or market, or making, using, or ‘‘(3) If the Secretary denies the request, tion and, if such new animal drug is intended marketing, outside the United States, the the Secretary shall provide due notice and for use in animal feed, appropriate purposes drug identified in the application filed under an opportunity for an expedited informal and conditions of use (including special la- subsection (a), and hearing. beling requirements and any requirement ‘‘(B) without obtaining from any person to ‘‘(4) If the Secretary does not grant or deny that an animal feed bearing or containing whom the data and information are disclosed the request within 90 days, the Secretary the new animal drug be limited to use under an identical verified statement, a copy of shall provide the Committee on Commerce of the professional supervision of a licensed which is to be provided by such person to the the House of Representatives and the Com- veterinarian) applicable to any animal feed Secretary, which meets the requirements of mittee on Health, Education, Labor, and for use in which such drug is conditionally this paragraph. Pensions of the Senate with the reasons ac- approved, the expiration date of the condi- ‘‘(k) To the extent consistent with the pub- tion on the request did not occur within such tional approval, and such other information, lic health, the Secretary shall promulgate 90 days. upon the basis of which such application was regulations for exempting from the oper- ‘‘(5) The decision of the Secretary under conditionally approved, as the Secretary ation of this section new animal drugs, and this subsection shall constitute a final agen- deems necessary to assure the safe and effec- animal feeds bearing or containing new ani- cy decision for purposes of judicial review. tive use of such drug. mal drugs, intended solely for investiga- ‘‘(c)(1) With respect to a drug for which the ‘‘(2) Upon withdrawal of conditional ap- tional use by experts qualified by scientific Secretary has made a preliminary deter- proval of such new animal drug application training and experience to investigate the mination of eligibility under subsection (b), or upon its suspension, the Secretary shall safety and effectiveness of animal drugs. the submitter of that request may request publish a notice in the Federal Register. Such regulations may, in the discretion of that the Secretary add the drug to the index ‘‘(h)(1) In the case of any new animal drug the Secretary, among other conditions relat- established by subsection (a). Such a request for which a conditional approval of an appli- ing to the protection of the public health, shall include— cation filed pursuant to subsection (a) is in provide for conditioning such exemption ‘‘(A) a copy of the Secretary’s preliminary effect, the applicant shall establish and upon the establishment and maintenance of determination of eligibility issued under maintain such records, and make such re- such records, and the making of such reports subsection (b); ports to the Secretary, of data relating to to the Secretary, by the manufacturer or the ‘‘(B) a qualified expert panel report that experience, and other data or information, sponsor of the investigation of such article, meets the requirements in paragraph (2); received or otherwise obtained by such appli- of data (including but not limited to analyt- ‘‘(C) a proposed index entry; cant with respect to such drug, or with re- ical reports by investigators) obtained as a ‘‘(D) proposed labeling; spect to animal feeds bearing or containing result of such investigational use of such ar- ‘‘(E) anticipated annual production of the such drug, as the Secretary may by general ticle, as the Secretary finds will enable the drug; and

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.104 pfrm04 PsN: S05PT2 S9954 CONGRESSIONAL RECORD — SENATE October 5, 2000 ‘‘(F) a commitment to manufacture, label, afford the sponsor the opportunity for an ex- ‘‘(1) The term ‘qualified testing’ means— and distribute the drug in accordance with pedited informal hearing. Authority to sus- ‘‘(A) clinical testing— the index entry and any additional require- pend the listing of a drug shall not be dele- ‘‘(i) which is carried out under an exemp- ments that the Secretary may prescribe by gated below the Commissioner of Food and tion for a drug for minor uses under section general regulation or specific order. Drugs. 512(j), 573(k), or 574(i); and ‘‘(2) For purposes of paragraph (1), a ‘quali- ‘‘(f)(1) In the case of any new animal drug ‘‘(ii) which occurs after the date such drug fied expert panel report’ is a written report for which an index listing pursuant to sub- is designated under section 571 and before that— section (a) is in effect, the sponsor shall es- the date on which an application with re- ‘‘(A) is authored by a panel of individuals tablish and maintain such records, and make spect to such drug is submitted under sec- qualified by scientific training and experi- such reports to the Secretary, of data relat- tion 512; and ence to evaluate the safety and effectiveness ing to experience, and other data or informa- ‘‘(B) preclinical testing involving a drug of animal drugs for the intended uses and tion, received or otherwise obtained by such for minor use which occurs after the date species in question and operating external to sponsor with respect to such drug, or with such drug is designated under section 571 and the Food and Drug Administration; respect to animal feeds bearing or con- before the date on which an application with ‘‘(B) addresses all available target animal taining such drug, as the Secretary may by respect to such drug is submitted under sec- safety and effectiveness information, includ- general regulation, or by order with respect tion 512. ing anecdotal information where necessary; to such listing, prescribe on the basis of a ‘‘(2) The term ‘manufacturing expenses’ ‘‘(C) addresses proposed labeling; finding that such records and reports are means expenses incurred in developing proc- ‘‘(D) addresses whether the drug should be necessary in order to enable the Secretary to esses and procedures intended to meet cur- limited to use under the professional super- determine, or facilitate a determination, rent good manufacturing practice require- vision of a licensed veterinarian; and whether there is or may be ground for invok- ments which occur after such drug is des- ‘‘(E) addresses whether, in the expert pan- ing subsection (e). Such regulation or order ignated under section 571 and before the date el’s opinion, the benefits of using the drug shall provide, where the Secretary deems it on which an application with respect to such outweigh its risks, taking into account the to be appropriate, for the examination, upon drug is submitted under section 512. harm being caused by the absence of an ap- request, by the persons to whom such regula- ‘‘(c) For grants and contracts under sub- proved or conditionally approved new animal tion or order is applicable, of similar infor- section (a), there are authorized to be appro- drug for the minor use in question. mation received or otherwise obtained by the priated $1,000,000 for fiscal year 2001, $1,500,000 for fiscal year 2002, and $2,000,000 ‘‘(3) Within 180 days after the receipt of a Secretary. for fiscal year 2003.’’. request for listing a drug in the index, the ‘‘(2) Every person required under this sub- (c) THREE-YEAR EXCLUSIVITY FOR MINOR Secretary shall grant or deny the request. section to maintain records, and every per- USE APPROVALS.—Section 512(c)(2)(F)(ii), son in charge or custody thereof, shall, upon The Secretary shall grant the request if the (iii), and (v) of the Federal Food, Drug, and Secretary finds, on the basis of the expert request of an officer or employee designated Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii), (iii), panel report and other information available by the Secretary, permit such officer or em- and (v)) is amended by striking ‘‘(other than to the Secretary, that the benefits of using ployee at all reasonable times to have access bioequivalence or residue studies)’’ and in- the drug outweigh its risks, taking into ac- to and copy and verify such records. serting ‘‘(other than bioequivalence studies count the harm caused by the absence of an ‘‘(g) The labeling of a drug that is the sub- or, except in the case of a new animal drug approved or conditionally approved new ani- ject of an index listing shall state, promi- for minor uses, residue studies)’’. mal drug for the minor use in question. If nently and conspicuously, that the drug is (d) SCOPE OF REVIEW FOR MINOR USE APPLI- the Secretary denies the request, the Sec- legally marketed but not approved. CATIONS.—Section 512(d) of the Federal Food, retary shall provide due notice and the op- ‘‘(h) The Secretary shall promulgate regu- Drug, and Cosmetic Act (21 U.S.C. 360b(d)) is portunity for an expedited informal hearing. lations to implement this section. Such reg- amended by adding at the end the following: If the Secretary does not grant or deny the ulations shall address, among other subjects, ‘‘(5) In reviewing a supplement to an ap- request within 180 days, the Secretary shall the composition of the expert panel, sponsor- proved application that seeks a minor use provide the Committee on Commerce of the ship of the expert panel under the auspices of approval, the Secretary shall not reconsider House of Representatives and the Committee a recognized professional organization, con- information in the approved application to on Health, Education, Labor, and Pensions of flict of interest criteria for panel members, determine whether it meets current stand- the Senate with the reasons action on the re- and the use of advisory committees convened ards for approval.’’. quest did not occur within such 180 days. The by the Food and Drug Administration. (e) PRESUMPTION OF NEW ANIMAL DRUG decision of the Secretary under this para- ‘‘(i) To the extent consistent with the pub- STATUS.—Section 709 of the Federal Food, graph shall constitute a final agency deci- lic health, the Secretary shall promulgate Drug, and Cosmetic Act (21 U.S.C. 379a) is sion for purposes of judicial review. regulations for exempting from the oper- amended by designating the existing text as ‘‘(d)(1) The index established by subsection ation of this section new animal drugs in- subsection (a), and by adding after such new (a) shall include the following information tended solely for investigational use by ex- subsection the following: ‘‘(b) In any action to enforce the require- for each listed drug: perts qualified by scientific training and ex- ments of this Act respecting a drug for ‘‘(A) The name and address of the sponsor perience to investigate the safety and effec- tiveness of animal drugs. Such regulations minor use that is not the subject of an ap- of the index listing. proval under section 512, a conditional ap- ‘‘(B) The name of the drug, its dosage form, may, in the discretion of the Secretary, among other conditions relating to the pro- proval under section 573, or an index listing and its strength. under section 574, it shall be presumed that tection of the public health, provide for con- ‘‘(C) Labeling. the drug is a new animal drug.’’. ditioning such exemption upon the establish- ‘‘(D) Production limits or other conditions (f) CONFORMING AMENDMENTS.— the Secretary deems necessary to prevent ment and maintenance of such records, and (1) Section 512(a)(1) of the Federal Food, misuse of the drug. the making of such reports to the Secretary, Drug, and Cosmetic Act (21 U.S.C. 360b(a)(1)) ‘‘(E) Requirements that the Secretary by the manufacturer or the sponsor of the in- is amended by striking subparagraphs (A) deems necessary for the safe and effective vestigation of such article, of data (including and (B) and inserting the following: use of the drug. but not limited to analytical reports by in- ‘‘(A) there is in effect an approval of an ap- ‘‘(2) The Secretary shall publish the index, vestigators) obtained as a result of such in- plication filed pursuant to subsection (b) and revise it monthly. vestigational use of such article, as the Sec- with respect to such use or intended use of ‘‘(e)(1) If the Secretary finds, after due no- retary finds will enable the Secretary to such drug, and such drug, its labeling, and tice to the sponsor and an opportunity for an evaluate the safety and effectiveness of such such use conform to such approved applica- expedited informal hearing, that— article in the event of the filing of a request tion; ‘‘(A) on the basis of new information before for an index listing pursuant to this section. ‘‘(B) there is in effect a conditional ap- the Secretary, evaluated together with the Such regulations, among other things, shall proval of an application filed pursuant to evidence available to the Secretary when the set forth the conditions (if any) upon which section 573 with respect to such use or in- drug was listed in the index, the benefits of animals treated with such articles, and any tended use of such drug, and such drug, its using the drug do not outweigh its risks, or products of such animals (before or after labeling, and such use conform to such con- ‘‘(B) the conditions and limitations of use slaughter), may be marketed for food use. ditionally approved application; or in the index listing have not been followed, ‘‘GRANTS AND CONTRACTS FOR DEVELOPMENT ‘‘(C) there is in effect an index listing pur- the Secretary shall remove the drug from OF ANIMAL DRUGS FOR MINOR USES suant to section 574 with respect to such use the index. The decision of the Secretary ‘‘SEC. 575. (a) The Secretary may make or intended use of such drug, and such drug, shall constitute final agency decision for grants to and enter into contracts with pub- its labeling, and such use conform to such purposes of judicial review. lic and private entities and individuals to as- index listing.’’. ‘‘(2) If the Secretary finds that there is an sist in defraying the costs of qualified test- (2) Section 512(a)(4) of the Federal Food, imminent hazard to the health of man or of ing expenses and manufacturing expenses in- Drug, and Cosmetic Act (21 U.S.C. 360b(a)(4)) the animals for which such drug is intended, curred in connection with the development is amended by adding after ‘‘if an approval of the Secretary may suspend the listing of of drugs for minor uses. an application filed under subsection (b)’’ such drug immediately, and give the sponsor ‘‘(b) For purposes of subsection (a) of this the following: ‘‘or a conditional approval of prompt notice of the Secretary’s action and section: an application filed under section 573’’.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.104 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9955 (3) Section 503(f) of the Federal Food, Drug, animal clinical testing expenses’ means the 571 of the Federal Food, Drug, and Cosmetic and Cosmetic Act (21 U.S.C. 353(f)) is amend- amounts which are paid or incurred by the Act. ed as follows: taxpayer during the taxable year which ‘‘(2) DENIAL OF CREDIT FOR TESTING CON- (A) In paragraph (1)(A)(ii) by striking ‘‘512’’ would be described in subsection (b) of sec- DUCTED BY CORPORATIONS TO WHICH SECTION 936 and inserting the following: ‘‘512, a condi- tion 41 if such subsection were applied with APPLIES.—No credit shall be allowed under tionally approved application under sub- the modifications set forth in subparagraph this section with respect to any animal clin- section (b) of section 573, or an index listing (B). ical testing conducted by a corporation to under subsection (a) of section 574.’’. ‘‘(B) MODIFICATIONS.—For purposes of sub- which an election under section 936 applies. (B) In paragraph (3) by striking ‘‘section paragraph (A), subsection (b) of section 41 ‘‘(3) CERTAIN RULES MADE APPLICABLE.— 512’’ and inserting the following: ‘‘sections shall be applied— Rules similar to the rules of paragraphs (1) 512, 573, or 574.’’. ‘‘(i) by substituting ‘animal clinical test- and (2) of section 41(f) shall apply for pur- (4) Section 504(a)(1) of the Federal Food, ing’ for ‘qualified research’ each place it ap- poses of this section. Drug, and Cosmetic Act (21 U.S.C. 354(a)(1)) pears in paragraphs (2) and (3) of such sub- ‘‘(4) ELECTION.—This section shall apply to is amended by striking ‘‘512(b)’’ and insert- section, and any taxpayer for any taxable year only if ing ‘‘512(b), a conditionally approved applica- ‘‘(ii) by substituting ‘100 percent’ for ‘65 such taxpayer elects (at such time and in tion filed pursuant to section 573, or an index percent’ in paragraph (3)(A) of such sub- such manner as the Secretary may by regu- listing pursuant to section 574.’’. section. lations prescribe) to have this section apply (5) Section 504(a)(2)(B) and (b) of the Fed- ‘‘(C) EXCLUSION FOR AMOUNTS FUNDED BY for such taxable year.’’. eral Food, Drug, and Cosmetic Act (21 U.S.C. GRANTS, ETC.—The term ‘qualified animal (b) CONFORMING AMENDMENTS.— 354(a)(2)(B), and 354(b)) are amended by strik- clinical testing expenses’ shall not include (1) Section 38(b) of such Code is amended— ing ‘‘512(i)’’ and inserting ‘‘512(i) or section any amount to the extent such amount is (A) by striking ‘‘plus’’ at end of paragraph 573(g), or the index listing pursuant to sec- funded by any grant, contract, or otherwise (11), tion 574.’’. by another person (or any governmental en- (B) by striking the period at the end of (6) Section 403(a) of the Food and Drug Ad- tity). paragraph (12) and inserting ‘‘, plus’’, and ministration Modernization Act of 1997 (21 ‘‘(D) SPECIAL RULE.—For purposes of this (C) by adding at the end the following new U.S.C. 371(a)) is amended by adding at the paragraph: paragraph: end ‘‘For purposes of this section, an ap- ‘‘(i) section 41 shall be deemed to remain in ‘‘(13) the minor use animal drug credit de- proved article includes a new animal drug effect for periods after June 30, 2000; and termined under section 45D(a).’’. that is the subject of a conditional approval ‘‘(ii) the trade or business requirement of (2) Section 280C(b) of such Code is or an index listing under sections 573 and 574 section 41(b)(1) shall be deemed to be satis- amended— of the Federal Food, Drug, and Cosmetic Act, fied in the case of a taxpayer that owns ani- (A) in paragraph (1), by striking ‘‘section respectively.’’. mals and that conducts clinical testing on 45C(b)’’ and inserting ‘‘section 45C(b) or (g) REGULATIONS.—The Secretary of Health such animals. 45D(b)’’, and and Human Services shall promulgate pro- ‘‘(2) ANIMAL CLINICAL TESTING.— (B) in paragraphs (1) and (2), by striking posed regulations to implement amendments ‘‘(A) IN GENERAL.—The term ‘animal clin- ‘‘section 45C’’ each place it appears and in- to the Federal Food, Drug, and Cosmetic Act ical testing’ means any clinical testing— serting ‘‘section 45C or 45D’’. made by this Act within 6 months of the date ‘‘(i) which is carried out under an exemp- (c) CLERICAL AMENDMENT.—The table of of enactment of this Act, and final regula- tion for a drug being tested for minor use sections for subpart D of part IV of sub- tions within 24 months of the date of enact- under section 512(j), 573(k), or 574(i) of the chapter A of chapter 1 of such Code is amended by inserting after the item relating ment of this Act. Federal Food, Drug, and Cosmetic Act (or to section 45C the following new item: (h) OFFICE OF MINOR USE ANIMAL DRUG DE- regulations issued under such sections), VELOPMENT.— ‘‘(ii) which occurs— ‘‘Sec. 45D. Clinical testing expenses for cer- (1) The Secretary of Health and Human ‘‘(I) after the date such drug is designated tain animal drugs for minor Services shall establish within the Center of under section 571 of such Act, and uses.’’. Veterinary Medicine of the Food and Drug ‘‘(II) before the date on which an applica- (d) EFFECTIVE DATE.—The amendments Administration an Office of Minor Use Ani- tion with respect to such drug is approved made by this section shall apply to taxable mal Drug Development (referred to in this under section 512(c) of such Act, and years beginning after the date of the enact- subsection as the ‘‘Office’’). The Secretary of ‘‘(iii) which is conducted by or on behalf ment of this Act. Health and Human Services shall select an of— (e) REGULATIONS.—The Secretary of the individual to serve as the Director of such ‘‘(I) the taxpayer to whom the designation Treasury shall publish proposed regulations Office. The Director of such Office shall re- under such section 571 applies, or to implement amendments to the Internal port directly to the Director of the Center ‘‘(II) the owner of the animals that are the Revenue Code of 1986 made by this Act with- for Veterinary Medicine. The Office shall be subject of clinical testing. in 6 months after the date of the enactment responsible for designating minor use animal ‘‘(B) TESTING MUST BE FOR MINOR USE.—Ani- of this Act, and final regulations within 24 drugs under section 571 of the Federal Food, mal clinical testing shall be taken into ac- months after such date. Drug, and Cosmetic Act, for administering count under subparagraph (A) only to the ex- grants and contracts for the development of tent such testing is related to the use of a Mr. DODD (for himself, Ms. COL- animal drugs for minor uses under section drug for the minor use for which it was des- LINS, and Mr. KENNEDY): 575 of the Federal Food, Drug, and Cosmetic ignated under section 571 of the Federal S. 3170. A bill to amend the Higher Act, and for serving as liaison with any Food, Drug, and Cosmetic Act. Education Act of 1965 to assist institu- party interested in minor use animal drug ‘‘(c) COORDINATION WITH CREDIT FOR IN- tions of higher education to help at- development. CREASING RESEARCH EXPENDITURES.— risk students to stay in school and (2) For the Office described under para- ‘‘(1) IN GENERAL.—Except as provided in complete their 4-year postsecondary graph (1), there are authorized to be appro- paragraph (2), any qualified animal clinical academic programs by helping those priated $1,200,000 for each of the fiscal years testing expenses for a taxable year to which institutions to provide summer pro- 2001 through 2003. an election under this section applies shall SEC. 4. CREDIT FOR CLINICAL TESTING EX- grams and grant aid for such students, not be taken into account for purposes of de- and for other purposes; to the Com- PENSES FOR CERTAIN ANIMAL termining the credit allowable under section DRUGS FOR MINOR USES. mittee on Health, Education, Labor, 41 for such taxable year. (a) IN GENERAL.—Subpart D of part IV of and Pensions. subchapter A of chapter 1 of the Internal ‘‘(2) EXPENSES INCLUDED IN DETERMINING BASE PERIOD RESEARCH EXPENSES.—Any COLLEGE COMPLETION CHALLENGE GRANTS ACT Revenue Code of 1986 is amended by inserting OF 2000 after section 45C the following new section: qualified animal clinical testing expenses for any taxable year which are qualified re- Mr. DODD. Mr. President, I rise ‘‘SEC. 45D. CLINICAL TESTING EXPENSES FOR CERTAIN ANIMAL DRUGS FOR search expenses (within the meaning of sec- today to join Senator COLLINS in offer- MINOR USES. tion 41(b)) shall be taken into account in de- ing legislation that will support our ‘‘(a) GENERAL RULE.—For purposes of sec- termining base period research expenses for youth and promote their abilities by tion 38, the minor use animal drug credit de- purposes of applying section 41 to subsequent helping them stay in college and com- termined under this section for the taxable taxable years. plete their degrees. year is an amount equal to 50 percent of the ‘‘(d) DEFINITION AND SPECIAL RULES.— There is no question that post-sec- qualified animal clinical testing expenses for ‘‘(1) MINOR USE.—For purposes of this sec- ondary education is a critical compo- the taxable year. tion, the term ‘minor use’ has the meaning nent in individual success in today’s ‘‘(b) QUALIFIED ANIMAL CLINICAL TESTING given such term by section 201(ll) of the Fed- economy. Parents understand this re- EXPENSES.—For purposes of this section— eral Food, Drug, and Cosmetic Act. Deter- ‘‘(1) QUALIFIED ANIMAL CLINICAL TESTING minations under the preceding sentence with ality from the day their children are EXPENSES.— respect to any drug shall be made on the born and they start worrying about ‘‘(A) IN GENERAL.—Except as otherwise pro- basis of the facts and circumstances as of the how to make college affordable. Stu- vided in this paragraph, the term ‘qualified date such drug is designated under section dents know it as they work to achieve

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.104 pfrm04 PsN: S05PT2 S9956 CONGRESSIONAL RECORD — SENATE October 5, 2000 good grades and high test scores. And ENERGY SECURITY FOR AMERICAN CONSUMERS SECTION 1. SHORT TITLE. policymakers know it as we work to in- ACT OF 2000 This Act may be cited as the ‘‘Energy Se- crease Pell grants and support in- Mr. MURKOWSKI. Mr. President, if curity for American Consumers Act of 2000’’. creased saving options for families. this country is ever going to achieve SEC. 2. EXTENSION OF CREDIT FOR PRODUCING But colleges achievement is not just the goal of reducing our dependency on FUEL FROM A NONCONVENTIONAL SOURCE. about being accepted at a higher edu- foreign sources of oil to at least 50 per- (a) EXTENSION OF CREDIT.—Subsection (f) of cation institution. To fully see the ben- cent, we are going to have to provide section 29 of the Internal Revenue Code of efits of post-secondary education, one incentives that will encourage our en- 1986 (relating to credit for producing fuel must complete a degree. And yet, while ergy industry to recover oil and gas from a nonconventional source) is amended— college enrollment rates have been ris- from nonconventional sources. (1) in paragraph (1)(A), by inserting before ing, 37 percent of students who enter In the aftermath of the twin oil ‘‘or’’ the following: ‘‘or from a well drilled post-secondary education drop out be- shocks of the 1970s, Congress enacted after the date of the enactment of the En- fore they receive a degree or certifi- Section 29 of the tax code which pro- ergy Security for American Consumers Act cate. This problem is especially acute of 2000, and before January 1, 2011,’’, vides a tax credit to encourage produc- (2) in paragraph (1)(B), by inserting before for minorities. Thirty percent of Afri- tion of oil and gas from unconventional ‘‘and’’ at the end the following: ‘‘or placed in can-Americans and Hispanic-Ameri- sources such as Devonian shale, tight service after the date of the enactment of cans drop out of college before the end rock formations, coalbeds and the Energy Security for American Con- of their first year. This is almost dou- geopressurized brine. This credit has sumers Act of 2000, and before January 1, ble the rate of white Americans. helped the industry invest in new tech- 2011,’’, and For these students and for us as a na- nologies which allow us to recover (3) in paragraph (2), by striking ‘‘2003’’ and tion, these statistics represent a lost large oil and gas deposits that are inserting ‘‘2013’’. (b) REDUCTION IN AMOUNT OF CREDIT BY 20 opportunity. Clearly, these students locked in various formations which are PERCENT PER YEAR STARTING IN 2007.— Sub- aspire to greater things—to more edu- very expensive to develop. cation and better careers. But instead section (a) of section 29 of such Code is Since the Clinton-Gore Administra- amended to read as follows: of fulfilling this promise, they leave tion came into office, it has sent up ‘‘(a) ALLOWANCE OF CREDIT.— school with their potential unrealized. various proposals all designed to elimi- ‘‘(1) IN GENERAL.—There shall be allowed as Unfortunately, many of them also nate the Section 29 credit. As a result a credit against the tax imposed by this leave school not just with an academic of their efforts, the Section 29 credit chapter for the taxable year an amount set-back, but also with substantial stu- has not applied to any facilities placed equal to— dent loan debt, which today is as much in service since July 1, 1998. That ‘‘(A) the applicable amount, multiplied by a reality of college attendance as is a ‘‘(B) the barrel-of-oil equivalent of quali- makes absolutely no sense when we re- fied fuels— course syllabus. alize that today we are 56 percent de- The legislation I am introducing ‘‘(i) sold by the taxpayer to an unrelated pendent on foreign sources of oil. Doing person during the taxable year, and today, the ‘‘College Completion Chal- away with this credit sends a direct ‘‘(ii) the production of which is attrib- lenge Grants Act of 2000’’, would pro- signal to the market—this country will utable to the taxpayer. vide vital support and assistance to at- not lift a finger to encourage energy ‘‘(2) APPLICABLE AMOUNT.—For purposes of risk students to help them stay in development at home. paragraph (1), the applicable amount is the school and complete their degrees. The I think it is time to reverse the failed amount determined in accordance with the following table: College Completion Challenge grant energy policies of the Clinton-Gore ad- program is based on the successful ministration. As part of that effort, I In the case of taxable The applicable years beginning in amount is: work of the Student Support Services am today introducing legislation that (SSS) program, which is one of the calendar year: would extend the Section 29 credit Turning R Into Opportunity programs. 2001 to 2008 ...... $3.00 until 2013 and allow it to apply to fa- While TRIO is better known for its 2009 ...... $2.60 cilities that are placed in service be- 2010 ...... $2.00 early intervention programs with tal- fore 2011. I am pleased that Senators 2011 ...... $1.40 ented, at-risk high school students, BREAUX and STEVENS are joining me in 2012 ...... $0.80 SSS follows through on these early ef- this effort. 2013 and thereafter ...... $0.00.’’ forts by supporting at-risk, first-gen- Mr. President, if we are to retain the (c) CREDIT ALLOWED AGAINST BOTH REG- eration college students once they are ULAR TAX AND ALTERNATIVE MINIMUM TAX.— prosperity we have enjoyed over the enrolled. The College Completion Chal- Paragraph (6) of section 29(b) of such Code is last 20 years, we must have a stable lenge grants would supplement these amended to read as follows: and secure supply of oil and natural student support services by offering ad- ‘‘(6) APPLICATION WITH OTHER CREDITS.— gas. Section 29 is an important provi- ditional scholarship aid, intensive sum- The credit allowed by subsection (a) for any sion that will allow our energy devel- taxable year shall not exceed the excess of— mer programs, and further support ‘‘(A) the sum of the regular tax liability services to students at risk of dropping opment companies to bring tech- nologies on line to develop new energy (as defined in section 26(b)) plus the tax im- out. Higher education institutions par- posed by section 55, over ticipating in SSS as well as those that deposits. Moreover, the bill expands the defini- ‘‘(B) the sum of the credits allowable under provide similar support through other this part (other than subpart C and this sec- sources would be eligible to apply for tion of qualifying investments to in- tion) and under section 1397E.’’ these additional dollars. clude heavy oil. In Alaska, there are (d) QUALIFIED FUELS TO INCLUDE HEAVY Mr. President, the House of Rep- several billion barrels of heavy oil in OIL.—Subsection (c) of section 29 of such resentatives has already acted on simi- West Sak Prudhoe Bay that are just Code (defining qualified fuels) is amended— lar legislation, which was included in too costly to exploit because of the (1) in paragraph (1), by striking ‘‘and’’ at density of the oil and the fact that it is the end of subparagraph (B), by striking the the Higher Education Technical period at the end of subparagraph (C) and in- Amendments that passed the House heavily laden with sand. Extension of the Section 29 credit could very well serting ‘‘, and’’, and by adding at the end the earlier this year. So, I am hopeful that following new subparagraph: we too can find an appropriate vehicle mean that these billions of barrels of ‘‘(D) heavy oil, as defined in section to support these students as they pur- heavy oil could be exploited and 613A(c)(6)(7).’’, and sue their dreams. I urge my colleagues brought onto the U.S. energy market. (2) by adding at the end the following new to support this legislation. I ask unanimous consent that the paragraph: text of the bill be printed in the ‘‘(4) SPECIAL RULE FOR HEAVY OIL.—Heavy By Mr. MURKOWSKI (for him- RECORD. oil shall be considered to be a qualified fuel self, Mr. BREAUX, and Mr. STE- There being no objection, the bill was only if it is produced from a well drilled, or in a facility placed in service, after the date VENS): ordered to be printed in the RECORD, as S. 3171. A bill to amend the Internal of the enactment of the Energy Security for follows: American Consumers Act of 2000, and before Revenue Code of 1986 to extend the sec- S. 3171 January 1, 2011.’’ tion 29 credit for producing fuel from a Be it enacted by the Senate and House of Rep- (e) REPEAL OF SUPERSEDED SUBSECTION.— non-conventional source; to the Com- resentatives of the United States of America in Subsection (g) of section 29 of such Code is mittee on Finance. Congress assembled, repealed.

VerDate 11-MAY-2000 23:08 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.105 pfrm02 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9957 (f) EFFECTIVE DATE.—The amendments steps toward universal health care The BASIC plan can be a bridge for made by this Act shall apply to taxable today. But in our country, the law of both Republicans and Democrats to years beginning after December 31, 2000. the jungle still too often prevails. come together. It is based on the model Forty-three million of our fellow citi- of the Child Health Insurance Program, By Mr. KENNEDY: zens are left out and left behind when which enjoys broad bi-partisan support S. 3172. A bill to provide access to af- it comes to health insurance. in every state in the country. It em- fordable health care for all Americans; The dishonor roll of suffering created phasizes a Federal-State partnership to to the Committee on Finance. by this national problem is a long one. make care accessible and affordable. BASIC HEALTH PLAN ACT Children fail to get a healthy start in Insurance is provided primarily Mr. KENNEDY. Mr. President, last life because their parents cannot afford through the private sector, but without week, the Census Bureau released new the eyeglasses or hearing aids or doc- employer mandates. figures on the number of the uninsured. tors visits they need. The BASIC plan is designed to sup- Thanks to a prosperous economy and A young family loses its chance to plement, not replace, the current em- the Children’s Health Insurance Pro- participate in the American dream, ployment-based system of health care. gram, the number of the uninsured de- when a breadwinner is crippled or It will also build on Medicaid, which ef- clined for the first time in more than a killed because of lack of timely access fectively serves so many of the very decade. But that decline was small, and to medical care. poor, the working poor, the disabled, it is no cause for complacency. The A teenager is condemned to go with- and people with AIDS. number of uninsured is still far too out a college education because the Federal subsidies under BASIC will high—43 million Americans have no in- family’s income and energy are sucked be targeted to those without insurance surance coverage—and any weakening away by the high financial and emo- today. We should not disrupt the in the economy is likely to send the tional cost of uninsured illness. health coverage that 161 million Amer- number higher again. An older couple sees its hope for a icans now receive through their em- It’s a national disgrace that so many dignified retirement dashed when the ployers. It makes no sense to encour- Americans find the quality of their savings of a lifetime are washed away age those who already have reliable health determined by the quantity of by a tidal wave of medical debt. employer-based health insurance to their wealth. In this age of the life Even in this time of unprecedented turn instead to a new government-sub- sciences, the importance of good med- prosperity, more than 200,000 Ameri- sidized program. The cost to taxpayers ical care in curing disease and improv- cans annually file for bankruptcy be- would balloon needlessly, and force us ing and extending life is more signifi- cause of uninsured medical costs. And to reduce benefits in order to cut costs. cant than ever, and denying any family the human costs of being uninsured are The proposal builds on and expands the health care they need is unaccept- often just as devastating. proven programs that are already in able. In any given year, one-third of the place. States will provide coverage Earlier this year, along with a num- uninsured go without needed medical under Medicaid for all very low income ber of my colleagues in the House and care. people, consistent with the mandate Senate, I introduced bipartisan legisla- Eight million uninsured Americans that already exists in federal law to tion to extend the Child Health Insur- fail to take the medication that their provide Medicaid coverage for all chil- ance Program to include the parents of doctor prescribes, because they cannot dren with family incomes below 100 participating children and to increase afford to fill the prescription. percent of poverty. Medicaid’s broad the enrollment of eligible children in Four hundred thousand children suf- benefits and minimal cost-sharing are Medicaid and CHIP. It received a ma- fer from asthma but never see a doctor. ideal for very low income people, be- jority vote in the Senate, but it was de- Five hundred thousand children with cause they cannot afford to contribute feated on a procedural motion. I hope recurrent earaches never see a doctor. significantly to the cost of their own that we will be able to pass it promptly Another five hundred thousand chil- care. next year, as an initial effective step to dren with severe sore throats never see For low and moderate income indi- reduce the number of the uninsured. a doctor. viduals and families, the plan follows Today, I am introducing an addi- Thirty-two thousand Americans with the CHIP model. States will have the tional measure. The Basic Access to heart disease go without life-saving choice of providing coverage through Secure Insurance Coverage Health and life-enhancing bypass surgery or Medicaid or contracting with private plan—or BASIC Health plan. Congress- angioplasty—because they are unin- insurance companies to offer subsidized man John Dingell is introducing a sured. coverage to those eligible to partici- companion measure in the House. Our Twenty-seven thousand uninsured pate. The state would pay the insur- proposal uses the model of the Child women are diagnosed with breast can- ance company a premium for each indi- Health Insurance Program to make cer each year. They are twice as likely vidual enrolled. For higher income en- subsidized coverage available—through as insured women not to receive med- rollees, the individual would make a private insurance or Medicaid—to all ical treatment before their cancer has premium contribution as well. Americans with incomes below 300 per- already spread to other parts of their One-third of all the uninsured today cent of poverty—$25,000 a year for an bodies. As a result, they are 50 percent are poor, and almost three-quarters of individual and $42,000 a year for a fam- more likely to die of the disease. the uninsured have incomes below 300 ily of three. Overall, eighty-three thousand Amer- percent of poverty. A program of sub- Almost three-quarters of the unin- icans die each year because they have sidies targeted on these low and mod- sured are in this income range. Our no insurance. The lack of insurance is erate income Americans will put af- plan also includes innovative steps to the seventh leading cause of death in fordable health insurance within reach encourage current and newly eligible America today. Our failure to provide of the vast majority of the uninsured. individuals and families to enroll. It is health insurance for every citizen kills One of the biggest problems we face a major step toward the day when ac- more people than kidney disease, liver in expanding health insurance coverage cess to affordable health care will be a disease, and AIDS combined. through such a program is assuring reality for all Americans, and I hope it Today our opportunity to finally end that those who are eligible actually will be enacted as well next year. these millions of American tragedies is participate. We have learned a great The need for BASIC is clear. One of greater than ever before. Our pros- deal from the experience under CHIP our highest national priorities for the perous economy gives us large new re- on how to achieve this objective. We new century must be to make good sources to invest in meeting this crit- know that simple, mail-in forms are health care a reality for all our people. ical need. Recently, some Republicans important. We know that public infor- Every other industrialized society in in Congress have finally joined Demo- mation campaigns and the involvement the world except South Africa achieved crats in urging our country to meet the of community-based organizations can that goal in the 20th century—and challenge of providing health coverage be valuable. We know that programs under Nelson Mandela and Thabo to the 43 million Americans who are with presumptive eligibility are effec- Mbeki, South Africa has taken giant uninsured. tive—so that people can be signed up

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.107 pfrm04 PsN: S05PT2 S9958 CONGRESSIONAL RECORD — SENATE October 5, 2000 right away, without waiting until the ently increased by a million or more each BASIC plan extends the availability of sub- eligibility verification process has been year until this year. Even these figures un- sidized coverage to all uninsured low and completed. We know that enrolling derstate the number of the uninsured. Dur- moderate income Americans, regardless of people for a year at a time without ing the course of a year, 70 million Ameri- age or family status. It guarantees the avail- cans will be uninsured for an extended period ability of coverage in every state for every subjecting them to reapplications or of time. uninsured person, and includes provisions to reverification of income more often Characteristics of the Uninsured encourage enrollment by those who are eligi- than once a year is critical. Through The vast majority of privately insured ble. The plan also allows those who have in- steps like these, we can see that the Americans—161 million citizens under 65—re- comes too high to qualify for subsidies to uninsured are not only eligible for the ceive coverage on the job as workers or participate in the program by paying the full program but actually participate in it, members of their families. But the uninsured premium. so that they actually have the finan- are also overwhelmingly workers or their de- Key Provisions cial protection and access to timely pendents. Eighty-two percent of those with- Phase 1: Coverage for Children and Parents— medical care they need. out insurance are employees or family mem- Expansion of CHIP and Medicaid The BASIC Health plan will not re- bers of employees. Of these uninsured work- Eligibility levels are raised to 300 percent quire employers to contribute to the ers, most are members of families with at of poverty for all uninsured children. cost of coverage. But it will require least one person working full-time. Coverage is made available to all unin- Most uninsured workers are uninsured be- sured parents of eligible children. them to make the BASIC plan coverage cause their employer either does not offer Coverage is made available to legal immi- available through the workplace, and coverage, or because they are not eligible for grant children and their parents. forward the premiums of workers to the coverage offered. Seventy percent of un- The required benefit package for children the insurance company that the work- insured workers are in firms where no cov- is improved by adding eye-glasses, hearing ers choose. This step is a minimum ob- erage is offered. Eighteen percent are in aids, and medically necessary rehabilitative ligation that responsible employers firms that offer coverage, but they are not services for disabled or developmentally de- eligible for it, usually because they are part- layed children. should be willing to accept—and it can Additional steps are established to encour- significantly increase the number of time workers or have not been employed by the firm long enough to qualify for coverage. age enrollment of eligible children and their the uninsured who actually have cov- Only 12 percent of uninsured workers are of- parents, including presumptive eligibility, erage. Eighty-two percent of uninsured fered coverage and decline. qualification for at least twelve months, and Americans today are workers or de- The uninsured are predominantly low and simplified application forms. pendents of workers. Our message to moderate income persons. Almost 25 percent The system of capped state allotments all of them is that help is finally on the are poor (income of $8,501 or less for a single under CHIP is eliminated and federal match- individual; $13,290 or less for a family of ing funds are made available for all eligible way. persons enrolled in the program. The cost of the BASIC place is an es- three). Twenty-eight percent have incomes Phase II: Coverage for the Remaining Unin- timated $200 billion to $300 billion over between 100 and 200 percent of poverty. Eighteen percent have incomes between 200 sured the next ten years—approximately the and 300 percent of poverty. Almost three- Subsidized coverage is made available for cost of the prescription drug plans that fourths have incomes below 300 percent of all uninsured single adults with incomes many of us have proposed under Medi- poverty. below 300 percent of poverty. Coverage is care. It’s a substantial amount of the Consequences of Being Uninsured phased in by income levels, beginning with surplus, but as we know from the suc- An uninsured family is exposed to financial those below 50 percent of poverty in the cess of Medicare, few if any federal dol- disaster in the event of serious illness. Un- third year of the program, rising to 300 per- lars are better spent. paid medical bills account for 200,000 bank- cent of poverty in the ninth year. Unsubsidized coverage is available to all In sum, every child deserves a ruptcies annually. Over 9 million families individuals in families with incomes too high spend more than one fifth of their total in- healthy start and life. Every family de- to qualify for subsidized coverage, by paying come on medical costs. The health con- serves protection against the high cost the cost through premiums. sequences of being uninsured are often as of illness. All Americans deserve time- Responsibility of Employers ly access to quality, affordable health devastating as the economic costs: In any given year, one-third of the unin- Eighty-two percent of the uninsured are care. The American people want ac- sured go without needed medical care. workers or dependents of workers. Employ- tion. It is time for all of us to make the Eight million uninsured Americans fail to ers will not be required to provide coverage cause of health care for all a national take medication their doctors prescribe, be- or contribute to the cost of coverage—but priority. cause they cannot afford to fill the prescrip- they will be required to offer their uninsured I ask unanimous consent that a sum- tion. employees an opportunity to enroll in the mary of the BASIC plan and a fact Thirty-two thousand Americans with heart program and agree to facilitate the coverage sheet on the problem of the uninsured disease go without life-saving and life-en- by withholding any required premium con- hancing bypass surgery or angioplasty, be- tributions from the employee’s periodic pay. be included in the RECORD. cause they are uninsured. Cost There being no objection, the mate- Twenty-seven thousand uninsured women rial was ordered to be printed in the Preliminary estimates of similar proposals are diagnosed with breast cancer each year. indicate that the federal cost will be $200– RECORD, as follows: They are twice as likely as insured women $300 billion over the next ten years, beyond NEED FOR LEGISLATION AND SUMMARY OF THE not to receive medical treatment until their the amount already budgeted for expansions ‘‘BASIC’’ HEALTH PROGRAM: UNIVERSAL AC- cancer has already spread in their bodies. As of coverage under the current CHIP program. CESS TO AFFORDABLE QUALITY HEALTH IN- a result, they are 50 percent more likely to SURANCE die of the disease. By Mr. SMITH of New Hampshire The tragic bottom line is that eighty-three America is the only industrial country in (for himself, Mr. WARNER, Mr. thousand Americans die every year because the world, except South Africa, that does not INHOFE, Mr. THOMAS, Mr. BOND, guarantee health care for all its citizens. The they have no insurance. Being uninsured is Mr. VOINOVICH, Mr. CRAPO, Mr. number of uninsured declined last year for the seventh leading cause of death in Amer- the first time in more than a decade—but 43 ica. Our failure to provide health insurance L. CHAFEE, Mr. BAUCUS, Mr. million Americans remain uninsured, and for every citizen kills more people than kid- MOYNIHAN, and Mr. GRAHAM): any slowdown in the economy is likely to ney disease, liver disease, and AIDS com- S. 3173. A bill to improve the imple- send the number up again. The vast majority bined. mentation of the environmental of the uninsured are workers or dependents THE PROPOSAL: SUMMARY OF BASIC ACCESS TO streamling provisions of the Transpor- of workers. The consequences of being unin- SECURE INSURANCE COVERAGE HEALTH PLAN tation Equity Act for the 21st Century; sured go far beyond vulnerability to cata- (‘‘BASIC’’ HEALTH PLAN) read the first time. strophic medical costs. The uninsured often Overview ENVIRONMENTAL STREAMLINING IMPROVEMENT lack timely access to quality health care, es- The BASIC program builds on the bi-par- ACT pecially preventive care. They suffer unnec- tisan Child Health Insurance Program and Today I am introducing legislation essary illness and even death because they on Vice-President Gore’s proposal to extend have no coverage. that requires the US Department of insurance coverage under CHIP and Medicaid Transportation to make substantial re- Growth in the Uninsured to the parents of eligible children. The Child The number of the uninsured has grown Health Insurance Program provides sub- visions to the recently proposed regula- from 32 million in 1987 to 43 million this sidized coverage through Medicaid or private tions on transportation planning and year. Except for a brief pause in 1993 and insurers contracting with state governments environmental streamlining. This ac- 1994, the number of uninsured has consist- for low and moderate income children. The tion is necessary because the proposed

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.168 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9959 regulations fail to fully comply with posed regulations be revised and re- nate so many separate agencies is like the direction that Congress gave to the issued. That is precisely the subject of trying to herd cats. The whole concept U.S. Department of Transportation (US the legislation I am introducing today. of environmental streamlining—that DOT) in the Transportation Equity Act This bill requires the Secretary of is, to make the permit and approval for the 21st Century—the so-called Transportation to revise the rules, tak- process work more smoothly and effec- TEA—21—that we passed in 1998. ing into consideration the hundreds of tively, while still ensuring protection The proposed regulations cover the comments received on the current pro- of the environment—is one of the more inter-related disciplines of transpor- posal, and to comply with the clear di- difficult challenges of TEA–21. tation planning and environmental rectives that US DOT received from So I waited for the rules to come out. protection. It is my view that transpor- Congress in section 1309 of TEA–21. I And waited. And two years after the tation system development and the en- hope that with a second chance, the US passage of TEA–21 I look at the pro- vironment can exist in harmony if DOT will craft rules that clearly meet posed rules and I am very disappointed. there is proper planning and foresight. Congressional intent. I have identified several problems All too often, though, there is a lack of Mr. BAUCUS. Mr. President, today with these regulations and I would like coordination that results in unneces- Senator SMITH, on behalf of Senator to mention just a few things that I see sary delays to transportation projects, VOINOVICH, myself and others is intro- as real problems. or leads to wasted time and funds on ducing the Environmental Stream- First, elevating the planning process projects that never get built. lining Improvement Act. participants to the roles of decision This is the problem that I, along with This bill ensures that the United makers. These regulations were sup- my colleagues, Senators GRAHAM and States Department of Transportation posed to help the States get their jobs WYDEN, attempted to address when we will issue a revised rule on TEA–21 en- done better and more efficiently. Its authored TEA–21’s environmental vironmental streamlining regulations. one thing to add more participants to streamlining provision. Our provision, This bill will give the USDOT another the process. More involvement is a which is section 1309 of TEA–21, re- chance to follow the statute when good thing. But its another thing to give them quired a more systematic approach to issuing proposed rules on planning and the authority to make decisions about avoid conflicts, expedite approvals, and the environment. how the planning process will work. eliminate duplicated efforts in devel- The Environment and Public Works This decision maker role is currently oping transportation projects. Committee has held three hearings on held by State DOTs and Metropolitan Section 1309 does not weaken envi- the subject of environmental stream- Planning Organizations for a reason. lining since the passage of TEA–21 in ronmental standards or avoid existing Second, what happened to ‘‘stream- requirements for environmental anal- 1998. I am sorry to say that in the 2 lining?’’ The basic elements of real ysis. Instead, section 1309 requires bet- years it has taken the USDOT to issue streamlining are the only things not in ter coordination between the transpor- this NPRM, they fall far short of what the regs. tation and environmental agencies. Congress has intended. TEA–21 is very Third, these regulations are supposed Specifically, section 1309 requires specific about what the regulations to answer questions—but what is con- that US DOT to establish a coordinated should do. The proposed regulations tained in the proposed regulations review process among the various state follow neither the word nor the intent raises even more questions because and federal agencies, to ensure concur- of TEA–21. they are vague there they need to be rent rather than sequential reviews by I remember working with Senators precise. these agencies, and to establish a dis- WARNER, GRAHAM, WYDEN and CHAFEE Fourth, this proposal makes it even pute resolution process so that delays and with the House members to de- harder, if not impossible to come to a are not created by lingering, unre- velop an agreement on environmental decision. These regulations include ini- solved problems. We also included streamlining. Those provisions are now tiatives not outlined in sections 1308 other changes in TEA–21 that were in- Sections 1308 and 1309 of TEA–21. and 1309 and in many areas would strip tended to put greater order and effi- I had heard from the Montana De- states of their authority. ciency into the planning and approval partment of Transportation and from I would also like to mention that the of transportation projects. others about how cumbersome a proc- Montana Department of Transpor- Unfortunately, the proposed regula- ess it is to complete a highway project. tation filed comments or wrote letters tions fail to meet the requirements of Everyone who worked on TEA–21, in at every possible opportunity for the TEA–21 in two important respects: both the House and Senate, wanted to public record. As I read these proposed First, the regulations do not incor- include a direction to the USDOT to regulations, I see that MDT’s com- porate the specific requirements of en- streamline the planning and project de- ments were either never read by the vironmental streamlining with regard velopment processes for the states. USDOT or ignored. to time periods for review or a dispute We were very clear—the environment Let me close by saying that I believe resolution process. and the environmental reviews should the proposed rules would add signifi- Second, the regulations create new not get short shrift! But, we need to cant requirements and uncertainty to data collection, consultation and anal- find a way to make it easier to get a planning and environmental review for ysis requirements that will further final decision, eliminate unnecessary transportation projects. In practical complicate and delay transportation delays, move faster and with as little terms, they would increase overhead projects. paperwork as possible. and delay—and delay usually means in- The full Committee on Environment I cannot over-emphasize that the creased project costs. These proposed and Public Works held a hearing two planning and environmental provisions rules could make it difficult for States weeks ago to take testimony from the of TEA–21 need to be implemented in a to deliver their programs. Contracts administration and the states on the way that will streamline the expedite, won’t get let and jobs will be lost. intent and effect of these regulations. not complicate, the process of deliv- I know this is a tough task. To the states unanimously objected to the ering transportation projects. streamline a process while ensuring increased burden that would result That is why Congress directed the that we maintain a thorough planning from these proposed regulations. Where USDOT to include certain elements in and environmental review process. But, we intended to reduce delay, state their regulations on environmental adding requirements to the process is transportation departments testified streamlining. contrary to the course charted by Con- that these regulations would add years We included concepts to be incor- gress. to project development, putting us porated in future regulations—like At our last hearing, the administra- even further behind in meeting our concurrent environmental reviews by tion testified that their intent was to transportation needs. agencies and reasonable deadlines for streamline the process. The bill we are A few weeks ago, eleven bipartisan the agencies to follow when completing introducing today would allow them to members of my committee joined in a their reviews. make good on their intent. letter to the Secretary of Transpor- Certainly we did not legislate an easy Our bill requires the USDOT go back tation recommending that the pro- task to the USDOT. Trying to coordi- to the drawing board and incorporate

VerDate 11-MAY-2000 23:08 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.108 pfrm02 PsN: S05PT2 S9960 CONGRESSIONAL RECORD — SENATE October 5, 2000 comments received from States and vironmental streamlining provisions of by Executive Order 12720. Although the others and issue another NPRM. I am TEA–21 be implemented in a way that Partnership has existed for ten years, confident the USDOT will do the right will streamline and expedite, not com- it has never been formally authorized thing this time. plicate, the process of delivering trans- by Congress. The current basis for the Mr. VOINOVICH. Mr. President, I portation projects. A year after these existence of the Partnership is found in rise today to thank Senator BOB SMITH hearings and nearly two years after the the Consolidated Farm and Rural De- of introducing the Environmental passage of TEA–21, the Department of velopment Act of 1972 and the Rural Streamlining Improvement Act today. Transportation finally published its Development Policy Act of 1980. In ad- Last month several of my colleagues proposed planning and NEPA regula- dition, the Conference Committee Re- on the Environmental and Public tions on May 25, 2000. Frankly, I am port on the 1996 federal Farm Bill cre- Works Committee, following a full very disappointed with how long it ated specific responsibilities and expec- committee hearing on the issue, re- took to propose these rules, and I be- tations for the Partnership and state quested that the Administration revise lieve many of my colleagues feel the rural development councils (SRDCs). its proposed rules on environmental same way. More importantly, there is a The Partnership is a nonpartisan streamlining and transportation plan- lot of disappointment with the pro- interagency working group whose mis- ning, taking into consideration com- posed rules in general. sion is to ‘‘contribute to the vitality of ments already submitted on the pro- I strongly believe these proposed reg- the Nation by strengthening the abil- posed rules, and publish them in the ulations are inconsistent with TEA–21 ity of all rural Americans to partici- Federal Register for an additional 120- and Congressional intent and do little, pate in determining their futures.’’ The day comment period. This legislation if anything, to streamline and expedite NRDP and SRDCs do something no is being introduced today because the the ability of states to commence other entities do: facilitate collabora- tion among federal agencies and be- Administration has not responded to transportation projects. The proposed tween federal agencies and state, local, our request. rules create new mandates and require- In addition to requiring the Adminis- ments, add new decision-makers to the and tribal governments and the private tration to consider public comments process, and provide endless fodder for and non-profit sectors to increase co- ordination of programs and services to and to revise and re-propose rules on all kinds of lawsuits, especially with rural areas. When successful, these ef- environmental streamlining and trans- regard to environmental justice. forts result in more efficient use of portation planning, this legislation In Ohio, the process of highway con- struction has been dubbed: ‘‘So you limited rural development resources would prevent the Secretary of Trans- Want a Highway? Here’s the Eight Year and actually add value to the efforts portation from finalizing the rules Hitch.’’ My hope has been that in the and dollars of others. until May 1, 2001, and require a report future we could say ‘‘So you Want a On March 8, 2000, the Subcommittee on changes that were made to the re- Highway? Here’s the Five Year Hitch.’’ on Forestry, Conservation, and Rural vised rules. I don’t see that happening with the Revitalization, which I chair, held an When I was Governor of Ohio, I wit- oversight hearing on the operation and nessed first-hand the frustration of proposal we have before us. For that reason, I am very pleased Senator accomplishments of the NRDP and many of the various state agencies be- SMITH has introduced this legislation SRDCs. The Subcommittee heard from cause they were required to complete a today. a number of witnesses, including offi- myriad of federally-required tasks on cials of the US Departments of Agri- whatever project they initiated. Mr. CRAIG (for himself, Mr. culture, Transportation and Health & With my background as a local and CONRAD, Mr. BAUCUS, Mr. Human Services, state agencies, and state official, I bring a unique perspec- BINGAMAN, Mr. BREAUX, Mr. private sector representatives. The tive to this issue. While environmental BURNS, Mr. CRAPO, Mr. hearing established the need for some review is good public policy, I believe DASCHLE, Mr. ENZI, Mr. GOR- legislative foundation and consistent that there are more efficient ways to TON, Mr. GRAMM, Mr. GRAMS, funding. The legislation we are intro- ensure adequate and timely delivery of Mr. GREGG, Mr. HARKIN, Mrs. ducing accomplishes this. construction projects, while still care- HUTCHISON, Mr. JEFFORDS, Mr. This legislation formally recognizes fully assessing environmental con- JOHNSON, Mr. KENNEDY, Mr. the existence and operations of the cerns. KERREY, Mr. LEAHY, Mr. LUGAR, Partnership, the National Rural Devel- Congress recognized the frustration Ms. MIKULSKI, Mrs. MURRAY, opment Council (NRDC), and SRDCs. In of the states and enacted planning and Mr. REED, Mr. SARBANES, Mr. addition, the legislation gives specific environmental provisions to initiate SMITH of New Hampshire, Mr. responsibilities to each component of environmental streamlining and expe- THOMAS, and Mr. WELLSTONE): the Partnership and authorizes it to re- dite project delivery. These programs S. 3175. A bill to amend the Consoli- ceive Congressional appropriations. are embodied in Sections 1308 and 1309 dated Farm and Rural Development Specifically, the bill formally estab- of TEA–21. Section 1308 calls for the in- Act to authorize the National Rural lishes the NRDP and indicates it is tegration of the Major Investment Development Partnership, and for composed of the NRDC and SRDCs. Study, which had been a separate re- other purposes; to the Committee on NRDP is established for empowering quirement for major metropolitan Agriculture, Nutrition, and Forestry. and building the capacity of rural com- projects, with the National Environ- NATIONAL RURAL DEVELOPMENT PARTNERSHIP munities, encouraging participation in mental Policy Act (NEPA) process. ACT OF 2000 flexible and innovative methods of ad- Section 1309 of TEA–21 calls for the es- Mr. CRAIG. Mr. President, I rise dressing the challenges of rural areas, tablishment of a coordinated review today with Senator CONRAD to intro- and encouraging all those involved in process for the Department of Trans- duce the ‘‘National Rural Development the Partnership to be fully engaged and portation to work with other federal Partnership Act of 2000’’—a bill to cod- to share equally in decision making. agencies to ensure that transportation ify the National Rural Development This legislation also identifies the role projects are advanced according to co- Partnership (NRDP or the Partnership) of the federal government in the Part- operatively determined time-frames. and provide a funding source for the nership as being that of partner, coach, This is accomplished by using concur- program. I am pleased that Senators and facilitator. Federal agencies are rent rather than sequential reviews, BAUCUS, BINGAMAN, BREAUX, BURNS, called upon to designate senior-level and allows states to include state-spe- CRAPO, DASCHLE, ENZI, GORTON, officials to participate in the NRDC cific environmental reviews in the co- GRAMM, GRAMS, GREGG, HARKIN, and to encourage field staff to partici- ordinated process. HUTCHISON, JEFFORDS, JOHNSON, KEN- pate in SRDCs. Federal agencies are Last year, I conducted two hearings NEDY, KERREY, LEAHY, LUGAR, MIKUL- also authorized to enter into coopera- as Chairman of the Subcommittee on SKI, MURRAY, REED, SARBANES, BOB tive agreements with, and to provide Transportation and Infrastructure on SMITH, THOMAS, and WELLSTONE are grants and other assistance to, state streamlining and project delivery. Dur- joining us as original cosponsors. rural development councils, regardless ing those hearings I stressed how im- The Partnership was established of the form of legal organization of a portant it is that the planning and en- under the Bush Administration in 1990, state rural development council.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.109 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9961 The composition of the NRDC is spec- urban areas. To do so, we do not nec- uable funding through collaboration and co- ified as being one representative from essarily need new government pro- operation; and each federal agency with rural respon- grams. Instead, we must do a better job (9) the continued success and efficacy of sibilities, and governmental and non- the Partnership could be enhanced through of coordinating the many programs specific Congressional authorization remov- governmental for-profit and non-profit available for USDA and other federal ing any statutory barriers that could detract organizations that elect to participate agencies that can benefit rural commu- from the benefits potentially achieved in the NRDC. The legislation outlines nities. With the passage of this legisla- through the Partnership’s unique structure. the duties of the Council as being to tion, the NRDP and SRDCs will be bet- SEC. 3. NATIONAL RURAL DEVELOPMENT PART- provide support to SRDCs; facilitate ter situated to provide that much need- NERSHIP. coordination among federal agencies ed coordination. The Consolidated Farm and Rural Develop- and between the federal, state, local Mr. President, I ask unanimous con- ment Act (7 U.S.C. 1921 et seq.) is amended by adding at the end the following: and tribal governments and private or- sent that the text of the bill be printed ‘‘SEC. 381P. NATIONAL RURAL DEVELOPMENT ganizations; enhance the effectiveness, in the RECORD. PARTNERSHIP. responsiveness, and delivery of federal There being no objection, the bill was ‘‘(a) DEFINITIONS.—In this section: government programs; gather and pro- ordered to be printed in the RECORD, as ‘‘(1) AGENCY WITH RURAL RESPONSIBIL- vide to federal agencies information follows: ITIES.—The term ‘agency with rural respon- about the impact of government pro- S. 3175 sibilities’ means any executive agency (as defined in section 105 of title 5, United States grams on rural areas; review and com- Be it enacted by the Senate and House of Rep- Code) that— resentatives of the United States of America in ment on policies, regulations, and pro- ‘‘(A) implements Federal law targeted at Congress assembled, posed legislation; provide technical as- rural areas, including— sistance to SRDCs; and develop strate- SECTION 1. SHORT TITLE. ‘‘(i) the Act of April 24, 1950 (commonly gies for eliminating administrative and This Act may be cited as the ‘‘National known as the Granger-Thye Act) (64 Stat. 82, regulatory impediments. Federal agen- Rural Development Partnership Act of 2000’’. chapter 9); cies do have the ability to opt out of SEC. 2. FINDINGS. ‘‘(ii) the Intergovernmental Cooperation Congress finds that— Act of 1968 (82 Stat. 1098); participation in the Council, but only (1) rural development has been given high if they can show how they can more ef- ‘‘(iii) section 41742 of title 49, United States priority throughout most of this century as Code; fectively serve rural areas without par- a means of achieving a sound balance be- ‘‘(iv) the Rural Development Act of 1972 (86 ticipating in the Partnership and Coun- tween rural and urban areas in the United Stat. 657); cil. States, a balance that Congress considers es- ‘‘(v) the Rural Development Policy Act of This legislation provides that states sential to the peace, prosperity, and welfare 1980 (94 Stat. 1171); may participate in the Partnership by of all citizens of the United States; ‘‘(vi) the Rural Electrification Act of 1936 entering into a memorandum of under- (2)(A) during the last half century, Con- (2 U.S.C. 901 et seq.); gress has enacted many laws and established standing with USDA to establish an ‘‘(vii) amendments made to section 334 of many programs to provide resources to rural the Public Health Service Act (42 U.S.C. SRDC. SRDCs are required to operate communities; 254g) by the Rural Health Clinics Act of 1983 in a nonpartisan and nondiscrim- (B) in addition, numerous efforts have been (97 Stat. 1345); and inatory manner and to reflect the di- made to coordinate Federal rural develop- ‘‘(viii) the Rural Housing Amendments of versity of the states within which they ment programs; and 1983 (97 Stat. 1240) and the amendments made are organized. The duties of the SRDCs (C) during the last decade, the National by the Rural Housing Amendments of 1983 to are to facilitate collaboration among Rural Development Partnership and its prin- title V of the Housing Act of 1949 (42 U.S.C. government agencies at all levels and cipal components, the National Rural Devel- 1471 et seq.); or opment Council and State rural development the private and non-profit sectors; to ‘‘(B) administers programs that have a sig- councils, have successfully provided opportu- nificant impact on rural areas, including— enhance the effectiveness, responsive- nities for collaboration and coordination ‘‘(i) the Appalachian Regional Commission; ness, and delivery of federal and state among Federal agencies and between Federal ‘‘(ii) the Department of Agriculture; government programs; to gather infor- agencies and States, nonprofit organizations, ‘‘(iii) the Department of Commerce; mation about rural areas in its state the private sector, tribal governments, and ‘‘(iv) the Department of Defense; and share it with the NRDC and other other entities committed to rural advance- ‘‘(v) the Department of Education; entities; to monitor and report on poli- ment; ‘‘(vi) the Department of Energy; cies and programs that address, or fail (3) Congress enacted the Rural Develop- ‘‘(vii) the Department of Health and ment Act of 1972 (86 Stat. 657) and the Rural Human Services; to address, the needs of rural areas; to Development Policy Act of 1980 (94 Stat. ‘‘(viii) the Department of Housing and facilitate the formulation of needs as- 1171) as a manifestation of this commitment Urban Development; sessments for rural areas and partici- to rural development; ‘‘(ix) the Department of the Interior; pate in the development of the criteria (4) section 2(b)(3) of the Rural Development ‘‘(x) the Department of Justice; for the distribution of federal funds to Policy Act of 1972 (7 U.S.C. 2204b(b)(3)) di- ‘‘(xi) the Department of Labor; rural areas; to provide comments to rects the Secretary of Agriculture to develop ‘‘(xii) the Department of Transportation; the NRDC and others on policies, regu- a process through which multi-state, State, ‘‘(xiii) the Department of the Treasury. lations, and proposed legislation; assist substate, and local rural development needs, ‘‘(xiv) the Department of Veterans Affairs; goals objectives, plans and recommendations ‘‘(xv) the Environmental Protection Agen- the NRDC in developing strategies for can be received and assessed on a continuing cy; reducing or eliminating impediments; basis; ‘‘(xvi) the Federal Emergency Management to hire an executive director and sup- (5) the National Rural Development Part- Administration; port staff; and to fundraise. nership and State Rural Development Coun- ‘‘(xvii) the Small Business Administration; As I have stated before, this legisla- cils were established as vehicles to help co- ‘‘(xviii) the Social Security Administra- tion authorizes the Partnership to re- ordinate development of rural programs in tion; ceive appropriations as well as author- 1990; ‘‘(xix) the Federal Reserve System; izing and encouraging federal agencies (6) in 1991, the Secretary began to execute ‘‘(xx) the United States Postal Service; to make grants and provide other those statutory responsibilities, in part ‘‘(xxi) the Corporation for National Serv- through the innovative mechanism of na- ice; forms of assistance to the Partnership tional, State, and local rural development ‘‘(xxii) the National Endowment for the and authorizing the Partnership to ac- partnerships administered by the Under Sec- Arts and the National Endowment for the cept private contributions. The SRDCs retary of Agriculture for Small Community Humanities; and are required to provide at least a 25 and Rural Development; ‘‘(xxiii) other agencies, commissions, and percent match for funds it receives as a (7) that mechanism, now known as the corporations. result of its cooperative agreement ‘‘National Rural Development Partnership’’, ‘‘(2) COUNCIL.—The term ‘‘Council’’ means with the federal government. has been recognized as a model of new gov- the National Rural Development Council es- As you know, too many parts of rural ernance and as an example of the effective- tablished by subsection (c). America have not shared in the boom ness of collaboration between the Federal, ‘‘(3) PARTNERSHIP.—The term ‘‘Partner- State, local, tribal, private, and nonprofit ship’’ means the National Rural Develop- that has brought great prosperity to sectors in addressing the needs of the rural ment Partnership established by subsection urban America. We need to do more to communities of the United States; (b). ensure that rural citizens will have op- (8) partnerships by agencies and entities in ‘‘(4) RURAL AREA.—The term ‘‘rural area’’ portunities similar to those enjoyed by the Partnership would extend scarce but val- means—

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.113 pfrm04 PsN: S05PT2 S9962 CONGRESSIONAL RECORD — SENATE October 5, 2000

‘‘(A) all the territory of a State that is not ‘‘(2) COMPOSITION.—The Council shall be criteria for the distribution of Federal funds within the boundary of any standard metro- composed of— to the rural areas of the State; politan statistical area, as designated by the ‘‘(A) 1 representative of each agency with ‘‘(F) provide comments to the Council and Director of the Office of Management and rural responsibilities that elects to partici- other appropriate organizations on policies, Budget; pate in the Council; and regulations, and proposed legislation that af- ‘‘(B) all territory within any standard met- ‘‘(B) representatives of local, regional, fect or would affect the rural areas of the ropolitan statistical area described in sub- State, tribal, and nongovernmental profit State; paragraph (A) within a census tract having a and nonprofit organizations that elect to ‘‘(G) in conjunction with the Council, fa- population density of less than 20 persons per participate in the activities of the Council. cilitate the development of strategies to re- square mile, as determined by the Secretary ‘‘(3) DUTIES.—The Council shall— duce or eliminate conflicting or duplicative according to the most recent census of the ‘‘(A) provide support for the work of the administrative or regulatory requirements United States as of any date; and State rural development councils; of Federal, State, local, and tribal govern- ‘‘(C) such areas as a State Rural Develop- ‘‘(B) facilitate coordination among Federal ments; ment Council may identify as rural. programs and activities, and with State, ‘‘(H) use grant or cooperative agreement ‘‘(5) STATE RURAL DEVELOPMENT COUNCIL.— local, tribal, and private programs and ac- funds available to the Partnership to— The term ‘‘State rural development council’’ tivities, affecting rural development; ‘‘(i) retain an Executive Director and such means a State rural development council ‘‘(C) enhance the effectiveness, responsive- support staff as are necessary to facilitate that meets the requirements of subsection ness, and delivery of Federal programs in and implement the directives of the State (d). rural areas; rural development council; and ‘‘(b) ESTABLISHMENT.— ‘‘(D) gather and provide to Federal au- ‘‘(ii) defray expenses associated with car- rying out subparagraphs (A) through (G) and ‘‘(1) IN GENERAL.—There is established a thorities information and input for the de- National Rural Development Partnership velopment and implementation of Federal subparagraph (J); composed of— programs impacting rural economic and ‘‘(I) be authorized to solicit funds to sup- ‘‘(A) the National Rural Development community development; plement and match funds granted under sub- Council established under subsection (a); and ‘‘(E) review and comment on policies, regu- paragraph (H); and ‘‘(B) State rural development councils es- lations, and proposed legislation that affect ‘‘(J) be authorized to engage in all other appropriate activities. tablished under subsection (d). or would affect rural areas; ‘‘(4) COMMENTS OR RECOMMENDATIONS.— ‘‘(2) PURPOSES.—The purposes of the Part- ‘‘(F) provide technical assistance to State ‘‘(A) IN GENERAL.—A State rural develop- nership are— rural development councils for the imple- ment council may provide comments and ‘‘(A) to empower and build the capacity of mentation of Federal programs; and recommendations to an agency with rural re- States and rural communities within States ‘‘(G) develop and facilitate strategies to re- sponsibilities related to the activities of the to design unique responses to their own spe- duce or eliminate administrative and regu- State rural development council within the cial rural development needs, with local de- latory impediments. State. terminations of progress and selection of ‘‘(4) ELECTION NOT TO PARTICIPATE.—An agency with rural responsibilities that elects ‘‘(B) AGENCY.—The agency with rural re- projects and activities; sponsibilities shall provide to the State rural not to participate in the Partnership shall ‘‘(B) to encourage participants to be flexi- development council a written response to submit to Congress a report that describes— ble and innovative in establishing new part- the comments or recommendations. nerships and trying fresh, new approaches to ‘‘(A) how the programmatic responsibil- ‘‘(5) ACTIONS OF STATE RURAL DEVELOPMENT rural development issues, with responses to ities of the Federal agency that target or COUNCIL MEMBERS.—When carrying out a pro- have an impact on rural areas are better rural development that use different ap- gram or activity authorized by a State rural achieved without participation by the agen- proaches to fit different situations; and development council, a member of the Coun- cy in the Partnership; and ‘‘(C) to encourage all 5 partners of the cil shall be regarded as an employee of the ‘‘(B) a more effective means of partnership- Partnership (Federal, State, local, and tribal Federal Government for purposes of chapter building and collaboration to achieve the governments, the private sector, and non- 171 of title 28, United States Code. programmatic responsibilities of the agency. profit organizations) to be fully engaged and ‘‘(6) FEDERAL PARTICIPATION IN STATE ‘‘(5) PERFORMANCE EVALUATIONS.—In con- share equally in decisions. RURAL DEVELOPMENT COUNCILS.— ducting a performance evaluation of an em- ‘‘(3) ROLE OF FEDERAL GOVERNMENT.—The ‘‘(A) IN GENERAL.—Subject to subparagraph role of the Federal Government in the Part- ployee of an agency with rural responsibil- (B), Federal employees may participate in a nership should be that of a partner, coach, ities, the agency shall consider any com- State rural development council. ments submitted by a State rural develop- and facilitator, with Federal agencies ‘‘(B) CONFLICTS.—A Federal employee who authorized— ment council. participates in a State rural development ‘‘(A) to cooperate closely with States to ‘‘(d) STATE RURAL DEVELOPMENT COUN- council shall not participate in the making implement the Partnership; CILS.— of any council decision if the agency rep- ‘‘(B) to provide States with the technical ‘‘(1) ESTABLISHMENT.—Each State may resented by the Federal employee has any fi- and administrative support necessary to plan elect to participate in the Partnership by en- nancial or other interest in the outcome of and implement tailored rural development tering into a memorandum of agreement the decision. strategies to meet local needs; with the Secretary to establish a State rural ‘‘(C) FEDERAL GUIDANCE.—The Attorney ‘‘(C) to delegate decisionmaking to other development council. General shall issue guidance to all Federal levels; ‘‘(2) STATE DIVERSITY.—Each State rural employees that participate in State rural de- ‘‘(D) to ensure that the head of each de- development council shall— velopment councils that describes specific partment and agency specified in subsection ‘‘(A) have a nonpartisan and nondiscrim- decisions that— (a)(1)(B) designates a senior-level agency of- inatory membership that is broad and rep- ‘‘(i) would constitute a conflict of interest ficial to represent the department or agency, resentative of the economic, social, and po- for the Federal employee; and respectively, on the Council and directs ap- litical diversity of the State; and ‘‘(ii) from which the Federal employee propriate field staff to participate fully with ‘‘(B) carry out programs and activities in a must recuse himself or herself. the State rural development council within manner that reflects the diversity of the ‘‘(e) ADMINISTRATION OF THE PARTNER- their jurisdiction; and State. SHIP.— ‘‘(E) to enter into cooperative agreements ‘‘(3) DUTIES.—Each State rural develop- ‘‘(1) DETAIL OF EMPLOYEES.—In order to with, and to provide grants and other assist- ment council shall— provide experience in intergovernmental col- ance to, State rural development councils, ‘‘(A) facilitate collaboration among Fed- laboration, with the approval of the head of regardless of the form of legal organization eral, State, local, and tribal governments an agency with rural responsibilities that of a State rural development council and and the private and nonprofit sectors in the elects to participate in the Partnership, an notwithstanding any other provision of law. planning and implementation of programs employee of the agency with rural respon- ‘‘(4) ROLE OF PRIVATE AND NONPROFIT SEC- and policies that target or have an impact on sibilities is encouraged to be detailed to the TOR ORGANIZATIONS.—Private and nonprofit rural areas of the State; Partnership without reimbursement, and sector organizations are encouraged— ‘‘(B) enhance the effectiveness, responsive- such detail shall be without interruption or ‘‘(A) to act as full partners in the Partner- ness, and delivery of Federal and State pro- loss of civil service status or privilege. ship and State rural development councils; grams in rural areas of the State; ‘‘(2) ADDITIONAL SUPPORT.—The Secretary and ‘‘(C) gather and provide to the Council and shall provide for any additional support staff ‘‘(B) to cooperate with participating gov- other appropriate organizations information to the Partnership as the Secretary deter- ernment organizations in developing innova- on the condition of rural areas in the State; mines to be necessary to carry out the duties tive problem approaches to rural develop- ‘‘(D) monitor and report on policies and of the Partnership. ment. programs that address, or fail to address, the ‘‘(3) PANEL.— ‘‘(c) NATIONAL RURAL DEVELOPMENT COUN- needs of the rural areas of the State; ‘‘(A) IN GENERAL.—A panel consisting of CIL.— ‘‘(E) facilitate the formulation of local representatives of the Council and State ‘‘(1) ESTABLISHMENT.—There is established needs assessments for the rural areas of the rural development councils shall be estab- a National Rural Development Council. State and participate in the development of lished to lead and coordinate the strategic

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.114 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9963 operation, policies, and practices of the Part- NER) were added as cosponsors of S. sanctuaries for chimpanzees that have nership. 1536, a bill to amend the Older Ameri- been designated as being no longer ‘‘(B) ANNUAL REPORTS.—In conjunction cans Act of 1965 to extend authoriza- needed in research conducted or sup- with the Council and State rural develop- tions of appropriations for programs ported by the Public Health Service, ment councils, the panel shall prepare and submit to Congress an annual report on the under the Act, to modernize programs and for other purposes. activities of the Partnership. and services for older individuals, and S. 2787 ‘‘(f) FUNDING.— for other purposes. At the request of Mr. HATCH, the ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— S. 1563 name of the Senator from Virginia (Mr. There are authorized to be appropriated such At the request of Mr. ABRAHAM, the WARNER) was added as a cosponsor of S. sums as are necessary to carry out this sec- name of the Senator from Maine (Ms. tion. 2787, a bill to reauthorize the Federal NOWE ‘‘(2) FEDERAL AGENCIES.— S ) was added as a cosponsor of S. programs to prevent violence against ‘‘(A) IN GENERAL.—Notwithstanding any 1563, a bill to establish the Immigra- women, and for other purposes. other provision of law, in order to carry out tion Affairs Agency within the Depart- S. 2939 the purposes described in subsection (b)(2), ment of Justice, and for other pur- At the request of Mr. GRASSLEY, the the Partnership shall be eligible to receive poses. names of the Senator from New Mexico grants, gifts, contributions, or technical as- S. 1900 sistance from, or enter into contracts with, (Mr. BINGAMAN) and the Senator from any Federal department or agency, to the ex- At the request of Mr. LAUTENBERG, New York (Mr. SCHUMER) were added as tent otherwise permitted by law. the name of the Senator from Montana cosponsors of S. 2939, a bill to amend ‘‘(B) ASSISTANCE.—Federal departments (Mr. BURNS) was added as a cosponsor the Internal Revenue Code of 1986 to and agencies are encouraged to use funds of S. 1900, a bill to amend the Internal provide a credit against tax for energy made available for programs that target or Revenue Code of 1986 to allow a credit efficient appliances. impact rural areas to provide assistance to, to holders of qualified bonds issued by S. 2986 and enter into contracts with, the Partner- Amtrak, and for other purposes. ship, as described in subparagraph (A). At the request of Mr. HUTCHINSON, S. 2274 ‘‘(3) CONTRIBUTIONS.—The Partnership may the names of the Senator from South accept private contributions. At the request of Mr. GRASSLEY, the Carolina (Mr. THURMOND), the Senator ‘‘(g) MATCHING REQUIREMENTS FOR STATE name of the Senator from Wyoming from Wyoming (Mr. THOMAS), the Sen- RURAL DEVELOPMENT COUNCILS.—A State (Mr. THOMAS) was added as a cosponsor ator from Texas (Mr. GRAMM), the Sen- rural development council shall provide of S. 2274, a bill to amend title XIX of ator from Minnesota (Mr. GRAMS), and matching funds, or in-kind goods or services, the Social Security Act to provide fam- the Senator from Kentucky (Mr. to support the activities of the State rural ilies and disabled children with the op- development council in an amount that is BUNNING) were added as cosponsors of not less than 25 percent of the amount of portunity to purchase coverage under S. 2986, a bill to limit the issuance of Federal funds received under the agreement the medicaid program for such chil- regulations relating to Federal con- described in subsection (d)(1). dren. tractor responsibility, to require the ‘‘(h) TERMINATION.—The authority provided S. 2448 Comptroller General to conduct a re- under this section shall terminate 5 years At the request of Mr. HATCH, the view of Federal contractor compliance after the date of enactment of this section.’’. name of the Senator from Arizona (Mr. with applicable laws, and for other pur- f KYL) was added as a cosponsor of S. poses. ADDITIONAL COSPONSORS 2448, a bill to enhance the protections S. 3020 S. 61 of the Internet and the critical infra- At the request of Mr. GRAMS, the structure of the United States, and for At the request of Mr. DEWINE, the name of the Senator from Maine (Ms. names of the Senator from Idaho (Mr. other purposes. COLLINS) was added as a cosponsor of S. CRAIG) and the Senator from South S. 2698 3020, a bill to require the Federal Com- Carolina (Mr. THURMOND) were added as At the request of Mr. GORTON, his munications Commission to revise its cosponsors of S. 61, a bill to amend the name was added as a cosponsor of S. regulations authorizing the operation Tariff Act of 1930 to eliminate disincen- 2698, a bill to amend the Internal Rev- of new, low-power FM radio stations. tives to fair trade conditions. enue Code of 1986 to provide an incen- S. 3060 S. 922 tive to ensure that all Americans gain At the request of Mr. WELLSTONE, the At the request of Mr. ABRAHAM, the timely and equitable access to the names of the Senator from Nebraska names of the Senator from Connecticut Internet over current and future gen- (Mr. HAGEL) and the Senator from Ne- (Mr. DODD), the Senator from Nevada erations of broadband capability. braska (Mr. KERREY) were added as co- (Mr. REID), the Senator from Nevada S. 2703 sponsors of S. 3060, a bill to amend the (Mr. BRYAN), the Senator from Georgia At the request of Mr. AKAKA, the Hmong Veterans’ Naturalization Act of (Mr. MILLER), and the Senator from name of the Senator from Virginia (Mr. 2000 to extend the applicability of that New Jersey (Mr. LAUTENBERG) were ROBB) was added as a cosponsor of S. Act to certain former spouses of de- added as cosponsors of S. 922, a bill to 2703, a bill to amend the provisions of ceased Hmong veterans. prohibit the use of the ‘‘Made in the title 39, United States Code, relating to S. 3067 USA’’ label on products of the Com- the manner in which pay policies and At the request of Mr. JEFFORDS, the monwealth of the Northern Mariana Is- schedules and fringe benefit programs names of the Senator from Vermont lands and to deny such products duty- for postmasters are established. (Mr. LEAHY) and the Senator from free and quota-free treatment. S. 2718 Texas (Mrs. HUTCHISON) were added as S. 1510 At the request of Mr. SMITH of New cosponsors of S. 3067, a bill to require At the request of Mr. MCCAIN, the Hampshire, the names of the Senator changes in the bloodborne pathogens name of the Senator from Hawaii (Mr. from Maine (Ms. SNOWE) and the Sen- standard in effect under the Occupa- INOUYE) was added as a cosponsor of S. ator from New York (Mr. SCHUMER) tional Safety and Health Act of 1970. 1510, a bill to revise the laws of the were added as cosponsors of S. 2718, a S. 3101 United States appertaining to United bill to amend the Internal Revenue At the request of Mr. ASHCROFT, the States cruise vessels, and for other pur- Code of 1986 to provide incentives to in- names of the Senator from South Caro- poses. troduce new technologies to reduce en- lina (Mr. THURMOND) and the Senator S. 1536 ergy consumption in buildings. from Missouri (Mr. BOND) were added At the request of Mr. DEWINE, the S. 2725 as cosponsors of S. 3101, a bill to amend names of the Senator from North Caro- At the request of Mr. SMITH of New the Internal Revenue Code of 1986 to lina (Mr. HELMS), the Senator from Hampshire, the names of the Senator allow as a deduction in determining ad- Louisiana (Ms. LANDRIEU), the Senator from New York (Mr. SCHUMER) and the justed gross income the deduction for from Maine (Ms. SNOWE), the Senator Senator from Pennsylvania (Mr. expenses in connection with services as from South Dakota (Mr. DASCHLE), and SANTORUM) were added as cosponsors of a member of a reserve component of the Senator from Virginia (Mr. WAR- S. 2725, a bill to provide for a system of the Armed Forces of the United States.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.114 pfrm04 PsN: S05PT2 S9964 CONGRESSIONAL RECORD — SENATE October 5, 2000 S. 3112 SENATE CONCURRENT RESOLU- Santa Rosa and San Jacinto Mountains Na- At the request of Mr. ABRAHAM, the TION 142—RELATING TO THE RE- tional Monument in the State of California, names of the Senator from Mississippi ESTABLISHMENT OF REP- the Clerk of the House of Representatives (Mr. COCHRAN) and the Senator from shall make the following corrections: RESENTATIVE GOVERNMENT IN (1) In the second sentence of section 2(d)(1), Vermont (Mr. JEFFORDS) were added as AFGHANISTAN strike ‘‘and the Committee on Agriculture, cosponsors of S. 3112, a bill to amend Mr. BROWNBACK (for himself and Nutrition, and Forestry’’. title XVIII of the Social Security Act Mr. TORRICELLI) submitted the fol- (2) In the second sentence of section 4(a)(3), to ensure access to digital mammog- lowing concurrent resolution; which strike ‘‘Nothing in this section’’ and insert raphy through adequate payment ‘‘Nothing in this Act’’. was referred to the Committee on For- under the medicare system. (3) In section 4(c)(1), strike ‘‘any person, eign Relations: S. 3147 including’’. S. CON. RES. 142 (4) In section 5, add at the end the fol- At the request of Mr. ROBB, the lowing: names of the Senator from Nebraska Whereas Afghanistan has existed as a sov- ereign nation since 1747, maintaining its ‘‘(j) WILDERNESS PROTECTION.—Nothing in (Mr. KERREY), the Senator from Geor- independence, neutrality, and dignity; this Act alters the management of any areas gia (Mr. MILLER), and the Senator from Whereas Afghanistan had maintained its designated as Wilderness which are within South Dakota (Mr. DASCHLE) were own decisionmaking through a traditional the boundaries of the National Monument. added as cosponsors of S. 3147, a bill to process called a ‘‘Loya Jirgah’’, or Grand As- All such areas shall remain subject to the authorize the establishment, on land of sembly, by selecting, respecting, and fol- Wilderness Act (16 U.S.C. 1131 et seq.), the the Department of the Interior in the lowing the decisions of their leaders; laws designating such areas as Wilderness, District of Columbia or its environs, of Whereas recently warlords, factional lead- and other applicable laws. If any part of this Act conflicts with any provision of those a memorial and gardens in honor and ers, and foreign regimes have laid siege to Afghanistan, leaving the landscape littered laws with respect to the management of the commemoration of Frederick Douglass. with landmines, making the most funda- Wilderness areas, such provisions shall con- S. 3152 mental activities dangerous; trol.’’. At the request of Mr. ROTH, the Whereas in recent years, and especially f names of the Senator from Arkansas since the Taliban came to power in 1996, Af- (Mrs. LINCOLN) and the Senator from ghanistan has become a haven for terrorist SENATE CONCURRENT RESOLU- Rhode Island (Mr. L. CHAFEE) were activity, has produced most of the world’s TION 144—COMMEMORATING THE added as cosponsors of S. 3152, a bill to opium supply, and has become infamous for 200TH ANNIVERSARY OF THE amend the Internal Revenue Code of its human rights abuses, particularly abuses FIRST MEETING OF CONGRESS against women and children; IN WASHINGTON, DC 1986 to provide tax incentives for dis- Whereas the former King of Afghanistan, tressed areas, and for other purposes. Mohammed Zahir Shah, ruled the country Mr. LOTT (for himself and Mr. S. 3156 peacefully for 40 years, and after years in DASCHLE) submitted the following con- At the request of Mr. LAUTENBERG, exile retains his popularity and support; and current resolution; which was consid- the name of the Senator from Nevada Whereas former King Mohammed Zahir ered and agreed to: (Mr. REID) was withdrawn as a cospon- Shah plans to convene an emergency ‘‘Loya S. CON. RES. 144 Jirgah’’ to reestablish a stable government, sor of S. 3156, a bill to amend the En- Whereas November 17, 2000, is the 200th an- dangered Species Act of 1973 to ensure with no desire to regain power or reestablish a monarchy, and the Department of State niversary of the first meeting of Congress in the recovery of the declining biological supports such ongoing efforts: Now, there- Washington, DC; diversity of the United States, to reaf- fore, be it Whereas Congress, having previously con- firm and strengthen the commitment Resolved by the Senate (the House of Rep- vened at the Federal Hall in New York City of the United States to protect wildlife, resentatives concurring), That the United and at the Congress Hall in Philadelphia, has to safeguard the economic and ecologi- States— met in the United States Capitol Building since November 17, 1800; cal future of children of the United (1) supports democratic efforts undertaken in Afghanistan that respect the human and Whereas President John Adams, on Novem- States, and to provide certainty to ber 22, 1800, addressed a joint session of Con- local governments, communities, and political rights of the people of all ethnic and religious groups in that country, includ- gress in Washington, DC, for the first time, individuals in their planning and eco- ing the efforts to reestablish a ‘‘Loya stating, ‘‘I congratulate the people of the nomic development efforts. Jirgah’’ process that would lead to the peo- United States on the assembling of Congress S. 3157 ple of Afghanistan determining their own at the permanent seat of their Government; At the request of Mr. DEWINE, his destiny through a democratic process involv- and I congratulate you, gentlemen, on the name was added as a cosponsor of S. ing free and fair elections; and prospect of a residence not to be changed.’’; (2) supports the continuing efforts of Whereas, on December 12, 1900, Congress 3157, a bill to require the Food and convened a joint meeting to observe the cen- Drug Administration to establish re- former King Mohammed Zahir Shah and other responsible parties searching for peace tennial of its residence in Washington, DC; strictions regarding the qualifications Whereas since its first meeting in Wash- of physicians to prescribe the abortion to convene an emergency ‘‘Loya Jirgah’’— (A) to reestablish a representative govern- ington, DC, on November 17, 1800, Congress drug commonly known as RU–486. ment in Afghanistan that respects the rights has continued to cultivate and build upon a S. RES. 292 of the people of all ethnic and religious heritage of respect for individual liberty, At the request of Mr. CLELAND, the groups, including the right of the people to representative government, and the attain- name of the Senator from Wisconsin govern their own affairs through inclusive ment of equal and inalienable rights, all of institution building and a democratic proc- which are symbolized in the physical struc- (Mr. FEINGOLD) was added as a cospon- ture of the United States Capitol Building; sor of S. Res. 292, a resolution recog- ess; (B) to bring freedom, peace, and stability and nizing the 20th century as the ‘‘Cen- Whereas it is appropriate for Congress, as tury of Women in the United States.’’ to Afghanistan; and (C) to end terrorist activities, drug produc- the first branch of the government under the S. RES. 365 tion, and human rights abuses in Afghani- Constitution, to commemorate the 200th an- At the request of Mr. VOINOVICH, the stan. niversary of the first meeting of Congress in Washington, DC, in order to focus public at- name of the Senator from Connecticut f tention on its present duties and responsibil- (Mr. DODD) was added as a cosponsor of SENATE CONCURRENT RESOLU- ities: Now, therefore, be it S. Res. 365, a resolution expressing the Resolved by the Senate (the House of Rep- sense of the Senate regarding recent TION 143—TO MAKE TECHNICAL CORRECTIONS IN THE ENROLL- resentatives concurring), That it is the sense elections in the Federal Republic of of Congress that— Yugoslavia, and for other purposes. MENT OF THE BILL H.R. 3676 (1) November 17, 2000, be designated as a At the request of Mr. L. CHAFEE, his Mr. MURKOWSKI (for himself and day of national observance for the 200th an- name and the names of the Senator Mr. BINGAMAN) submitted the following niversary of the first meeting of Congress in from New York (Mr. MOYNIHAN), the concurrent resolution; which was con- Washington, DC; and (2) the people of the United States be urged Senator from Alaska (Mr. MURKOWSKI), sidered and agreed to: and invited to observe such date by cele- the Senator from California (Mrs. FEIN- S. CON. RES. 143 brating and examining the legislative proc- STEIN), and the Senator from Illinois Resolved by the Senate (the House of Rep- ess by which members of Congress convene (Mr. DURBIN) were added as cosponsors resentatives concurring), That in the enroll- and air differences, learn from one another, of S. Res. 365, supra. ment of the bill (H.R. 3676 to establish the subordinate parochial interests, compromise,

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.117 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9965 and work towards achieving a constructive Whereas Shaiboub William Arsel, a Coptic thermore to complete an independent consensus for the good of the people of the Christian, was charged with the murders of investigation of the police brutality in United States. Samir Oweida Hakim and Karam Tamer Al-Kosheh. f Arsal, was found guilty, and was sentenced on June 5, 2000, to 15 years of hard labor; f SENATE RESOLUTION 367—URGING Whereas, according to the Associated Press AMENDMENTS SUBMITTED THE GOVERNMENT OF EGYPT TO story describing Shaiboub William Arsel’s PROVIDE A TIMELY AND OPEN trial, ‘‘[t]he court based its guilty verdict on APPEAL FOR SHAIBOUB WILLIAM evidence and testimony provided by police, said the officials on condition of anonymity’’ MIWALETA PARK EXPANSION ACT ARSEL AND TO COMPLETE AN and ‘‘gave no further details’’; INDEPENDENT INVESTIGATION Whereas no known international observers OF POLICE BRUTALITY IN AL- were present at Shaiboub William Arsel’s MURKOWSKI AMENDMENT NO. 4290 KOSHEH trial; Mr. MACK (for Mr. MURKOWSKI) pro- Mr. MACK submitted the following Whereas, on January 2, 2000, a mob of near- ly 3,000 Muslims killed 21 Christians and de- posed an amendment to the bill (H.R. resolution; which was referred to the stroyed and looted dozens of Christian homes 1725) to provide for the conveyance by Committee on Foreign Relations: and businesses in the village of Al-Kosheh; the Bureau of Land Management to S. RES. 367 and Douglas County, Oregon, of a county Whereas on Friday August 14, 1998, two Whereas local Egyptian security forces park and certain adjacent land; as fol- Coptic Christians, Samir Oweida Hakim and failed to stop the massacre of Coptic Chris- lows: tians, and according to Coptic leader Pope Karam Tamer Arsal, were murdered in Al- On page 3, beginning on line 6 strike Sec- Shenouda III, ‘‘responsibility falls first on Kosheh, Egypt; tion 2(b)(1) and insert: security forces...the problem lies among the Whereas, according to a report from the ‘‘(1) IN GENERAL.—After conveyance of land authorities in the area where the incident Egyptian Organization for Human Rights under subsection (a), the County shall man- occurred’’: Now, therefore, be it that was translated by the United States age the land for public park purposes con- Resolved, Embassy in Cairo, up to 1,200 Coptic Chris- sistent with the plan for expansion of the tians, including women and children, were SECTION 1. SENSE OF THE SENATE ON THE AP- Miwaleta Park as approved in the Decision PEAL OF SHAIBOUB WILLIAM ARSEL subsequently detained and interrogated Record for Galesville Campground, EA without sufficient evidence; AND THE EGYPTIAN GOVERNMENT’S INVESTIGATION OF POLICE BRU- #OR110–99–01, dated September 17, 1999.’’. Whereas it is reported that the police tor- TALITY IN AL-KOSHEH. Section 2(b)(2)(A) strike ‘‘purposes—’’ and tured the detained Coptic Christians over a The Senate hereby urges the President and insert: ‘‘purposes as described in paragraph period of days and even weeks and that the the Secretary of State to encourage officials 2(b)(1)—’’. detainees suffered abuses that included beat- of the Government of Egypt to— ings, administration of electric shock to all (1) allow for a timely and open appeal for parts of the body, including sensitive areas, SAINT-GAUDENS HISTORIC SITE Shaiboub William Arsel that includes inter- LEGISLATION and being bound in painful positions for national observers; and hours at a time; (2) complete an independent investigation Whereas Egypt is a party to the Conven- of the police brutality in Al-Kosheh. tion against Torture and Other Cruel, Inhu- THOMAS AMENDMENT NO. 4291 mane or Degrading Treatment or Punish- SEC. 2. TRANSMITTAL OF RESOLUTION. ment; The Secretary of the Senate shall transmit Mr. MACK (for Mr. THOMAS) proposed Whereas the Convention against Torture a copy of this resolution to the President an amendment to the bill (S. 1367) to and Other Cruel, Inhumane or Degrading and the Secretary of State, with the request amend the Act which established the Treatment or Punishment prohibits torture that the President or the Secretary further Saint-Gaudens Historic Site, in the to obtain information and confessions such transmit such copy to the Government of State of New Hampshire, by modifying Egypt. as the torture that reportedly took place in the boundary and for other purposes; as Al-Kosheh; RESOLUTION ON SHAIBOUB follows: Whereas Egypt is party to the Inter- national Covenant on Civil and Political WILLIAM ARSEL On page 2, line 3, strike ‘‘215’’ and insert in Rights; Mr. MACK. Mr. President, I rise lieu thereof ‘‘279’’. Whereas Article 18 of the International today to speak on behalf of Coptic Covenant on Civil and Political Rights states Christians in Egypt who have been per- SOUTHEASTERN ALASKA that ‘‘(1) Everyone shall have the right to secuted because of their religious be- INTERTIE SYSTEM LEGISLATION freedom of thought, conscience, and religion. liefs. According to reports by both the This right shall include freedom to have or Egyptian Organization for Human to adopt a religion or belief of his choice, and MURKOWSKI AMENDMENT NO. 4292 freedom, either individually or in commu- Rights and Freedom House in the nity with others and in public or in private, United States, up to 1,200 Coptic Chris- Mr. MACK (for Mr. MURKOWSKI) pro- to manifest his religion or belief in worship, tians in Al-Kosheh, Egypt, were de- posed an amendment to the bill (S. observance, practice and teaching. (2) No one tained, interrogated, and subjected to 2439) to authorize the appropriation of shall be subject to coercion which would im- police brutality in relation to the mur- funds for the construction of the pair his freedom to have or adopt a religion ders of two other Coptic Christians in Southeastern Alaska Intertie system, or belief of his choice.’’; 1998. After weeks of reported torture, Whereas some of the 1,200 detained Coptic and for other purposes; as follows: Christians reported that the police chief these accounts suggest that confes- Strike all after the enacting clause and in- made derogatory remarks about their reli- sions were obtained under duress that sert the following: gion and stated that the detainees were identified Shaiboub William Arsel as ‘‘That upon the completion and submission being targeted because of their religious be- the murderer. Mr. Arsel was subse- to the United States Congress by the Forest liefs; quently sentenced to 15 years of hard Service of the ongoing High Voltage Direct Whereas the summary report of the Egyp- labor. Current viability analysis pursuant to USFS tian Organization for Human Rights states Over the last two years I have met Collection Agreement #00CO–111005–105 or no later than February 1, 2001, there is hereby that, as a result of the massive roundup and with officials from the Egyptian gov- torture of the Coptic Christian community, a authorized to be appropriated to the Sec- prosecution proceeded using confessions ob- ernment, including President Hosni retary of Energy such sums as may be nec- tained under duress; Mubarak on several occasions in an at- essary to assist in the construction of the Whereas, according to the report, as trans- tempt to address this issue quietly. Un- Southeastern Alaska Intertie system as gen- lated by the United States Embassy in Cairo, fortunately, these discussions have erally identified in Report #97–01 of the one of the confessors ‘‘was detained for 18 failed to produce sufficient action on Southern Conference. Such sums shall equal days, beaten constantly, was not allowed the part of the government of Egypt. 80 percent of the cost of the system and may food or water, and prevented from relieving As a result, I rise today to submit a not exceed $384 million. Nothing in this Act shall be construed to limit or waive any oth- himself’’ and ‘‘confessed only when they resolution urging the President to en- threatened to rape his two sisters’’ who erwise applicable State or Federal Law. courage the Egyptian government to ‘‘were brought to the police station, tortured ‘‘SEC. 2. NAVAJO ELECTRIFICATION DEMONSTRA- and threatened with rape in front of him’’, provide Shaiboub William Arsel with a TION PROGRAM. and the detainee identified Shaiboub William timely and open appeal that would in- ‘‘(a) ESTABLISHMENT.—The Secretary of Arsel as the murderer; clude international observers, and fur- Energy shall establish a five year program to

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.119 pfrm04 PsN: S05PT2 S9966 CONGRESSIONAL RECORD — SENATE October 5, 2000 assist the Navajo Nation to meet its elec- SEC. 3. LAND RECLASSIFICATION. 2331) to direct the Secretary of the In- tricity needs. The purpose of the program (a) Within six months of the date of enact- terior to recalculate the franchise fee shall be to provide electric power to the esti- ment of this Act, the Secretaries of Agri- owed by Fort Sumter Tours, Inc., a culture and Interior shall identify any Or- mated 18,000 occupied structures on the Nav- concessioner providing service to Fort ajo Nation that lack electric power. The goal egon and California Railroad lands (O&C of the program shall be to ensure that every lands) subject to the distribution provision Sumter National Monument, South household on the Navajo Nation that re- of the Act of August 28, 1937 (chapter 876, Carolina; as follows: quests it has access to a reliable and afford- title II, 50 Stat. 875; 43 U.S.C. Sec. 1181f) Strike all and insert the following: within the boundary of the special resources able source of electricity by the year 2006. ‘‘SECTION 1. ARBITRATION REQUIREMENT. ‘‘(b) SCOPE.—In order to meet the goal in management area described in Section 1 of this Act. ‘‘The Secretary of the Interior (in this Act subsection (a), the Secretary of Energy shall referred to as the Secretary) shall, upon the provide grants to the Navajo Nation to— (b) Within eighteen months of the date of enactment of this Act, the Secretary of the request of Fort Sumter Tours, Inc. (in this ‘‘(1) extend electric transmission and dis- Act referred to as the ‘Concessioner’), agree tribution lines to new or existing structures Interior shall identify public domain lands within the Medford, Roseburg, Eugene, to binding arbitration to determine the fran- that are not served by electric power and do chise fee payable under the contract exe- not have adequate electric power service; Salem and Coos Bay Districts and the Klam- ath Resource Area of the Lakeview District cuted on June 13, 1986 by the Concessioner ‘‘(2) purchase and install distributed power and the National Park Service, under which generating facilities, including small gas of the Bureau of Land Management approxi- mately equal in size and condition as those the Concessioner provides passenger boat turbines, fuel cells, solar photovoltaic sys- lands identified in paragraph (a) but not sub- service to Fort Sumter National Monument tems, solar thermal systems, geothermal ject to the Act of August 28, 1937 (chapter in Charleston Harbor, South Carolina (in systems, wind power systems, or biomass- 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 1181a– this Act referred to as ‘the Contract’). fueled systems; f). For purposes of this paragraph, ‘public do- ‘‘(3) purchase and install other equipment ‘‘SEC. 2. APPOINTMENT OF THE ARBITRATOR. main lands’ shall have the meaning given the associated with the generation, trans- ‘‘(a) MUTUAL AGREEMENT.—Not later than term ‘public lands’ in Section 103 of the Fed- mission, distribution, and storage of electric 30 days after the date of enactment of this eral Land Policy and Management Act of Act, the Secretary and the Concessioner power; or 1976 (43 U.S.C. 1702), but excluding there from ‘‘(4) provide training in the installation op- shall jointly select a single arbitrator to any lands managed pursuant to the Act of conduct the arbitration under this Act. eration, or maintenance of the lines, facili- August 28, 1937 (chapter 876, title II, 50 Stat. ties, or equipment in paragraphs (1) through ‘‘(b) FAILURE TO AGREE.—If the Secretary 875; 43 U.S.C. 1181a–f). and the Concessioner are unable to agree on (3); or (c) Within two years after the date of en- the selection of a single arbitrator within 30 ‘‘(5) support other activities that the Sec- actment of this Act, the Secretary of the In- days after the date of enactment of this Act, retary of Energy determines are necessary to terior shall submit to Congress and publish within 30 days thereafter the Secretary and meet the goal of the program. in the Federal Register a map or maps iden- ‘‘(c) TECHNICAL SUPPORT.—At the request tifying those public domain lands pursuant the Concessioner shall each select an arbi- of the Navajo Nation, the Secretary of En- to paragraphs (a) and (b) of this Section. trator, the two arbitrators selected by the ergy may provide technical support through After an opportunity for public comment, Secretary and the Concessioner shall jointly Department of Energy laboratories and fa- the Secretary of the Interior shall complete select a third arbitrator, and the three arbi- cilities to the Navajo Nation to assist in an administrative land reclassification such trators shall jointly conduct the arbitration. achieving the goal of this program. that those lands identified pursuant to para- ‘‘(c) QUALIFICATIONS.—Any arbitrator se- ‘‘(d) ANNUAL REPORTS.—Not later than graph (a) become public domain lands not lected under either subsection (a) or sub- February 1, 2002 and for each of the five suc- subject to the distribution provision of the section (b) shall be a neutral who meets the ceeding years, the Secretary of Energy shall Act of August 28, 1937 (chapter 876, title II, 50 criteria of selection 573 of title 5, United submit a report to Congress on the status of Stat. 875f; 43 U.S.C. Sec. 1181f) and those States Code. the programs and the progress towards meet- lands identified pursuant to paragraph (b) ‘‘(d) PAYMENT OF EXPENSES.—The Sec- ing its goal under subsection (a). become Oregon and California Railroad lands retary and the Concessioner shall share ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (O&C lands) subject to the Act of August 28, equally the expenses of the arbitration. There are authorized to be appropriated to 1937 (chapter 876, title II, 50 Stat. 875; 43 ‘‘(e) DEFINITION.—As used in this Act, the the Secretary of Energy to carry out this U.S.C. 1181a–f). term ‘‘arbitrator’’ includes either a single section $15,000,000 for each of the fiscal years SEC. 4. ENVIRONMENTAL RESTORATION. arbitrator selected under subsection (a) or a 2002 through 2006.’’ (a) IN GENERAL.—In order to further the three-member panel of arbitrators selected purposes of this Act, there is hereby author- under subsection (b). SAND CREEK MASSACRE NA- ized to be appropriated $10 million under the ‘‘SEC. 3. SCOPE OF THE ARBITRATION. TIONAL HISTORIC SITE ESTAB- provisions of section 323 of the FY 1999 Inte- ‘‘(a) SOLE ISSUES TO BE DECIDED.—The ar- LISHMENT ACT OF 2000 rior Appropriations Act (P.L. 105–277) for bitrator shall, after affording the parties an Clackamas County, Oregon, for watershed opportunity to be heard in accordance with restoration, except timber extraction, that section 579 of title 5, United States Code, THOMAS AMENDMENT NO. 4293 protects or enhances water quality or relates determine— to the recovery of species listed pursuant to ‘‘(1) the appropriate amount of the fran- Mr. MACK (for Mr. THOMAS) proposed the Endangered Species Act (Public Law 93– chise fee under the Contract for the period an amendment to the bill (S. 2950) to 205) near the Bull Run Management Unit. from June 13, 1991 through December 31, 2000 authorize the Secretary of the Interior in accordance with the terms of the Con- to establish the Sand Creek Massacre HARRIET TUBMAN SPECIAL tract; and Historic Site in the State of Colorado; RESOURCE STUDY ACT ‘‘(2) any interest or penalties on the as follows: amount owed under paragraph (1). ‘‘(b) DE NOVO DECISION.—The arbitrator On page 5, line 23, strike ‘‘Boundary of the THOMAS AMENDMENT NO. 4295 shall not be bound by any prior determina- Sand Creek Massacre Site’’ and insert in lieu tion of the appropriate amount of the fee by thereof ‘‘Sand Creek Massacre Historic Mr. MACK (for Mr. THOMAS) proposed the Secretary or any prior court review Site’’. an amendment to the bill (S. 2345) to thereof. On page 5, line 25, strike ‘‘SAND 80,009 IR’’ direct the Secretary of the Interior to ‘‘(c) BASIS FOR DECISION.—The arbitrator and insert in lieu thereof ‘‘SAND 80,013 IR’’. conduct a special resource study con- shall determine the appropriate amount of cerning the preservation and public use the fee based upon the law in effect on the ef- LITTLE SANDY RIVER of sites associated with Harriet Tub- fective date of the Contract and the terms of WATERSHED LEGISLATION man located Auburn, New York, and the Contract. for other purposes; as follows: ‘‘SEC. 4. FINAL DECISION. ‘‘The arbitrator shall issue a final decision MURKOWSKI AMENDMENT NO. 4294 On page 7, line 24, strike ‘‘Port Hill Ceme- tery,’’ and insert in lieu thereof ‘‘Fort Hill not later than 300 days after the date of en- Mr. MACK (for Mr. MURKOWSKI) pro- Cemetery,’’. actment of this Act. posed an amendment to the bill (S. ‘‘SEC. 5. EFFECT OF DECISION. 2691) to provide further protections for FRANCHISE FEE RECALCULATION ‘‘(a) RETROACTIVE EFFECT.—The amount of the watershed of the Little Sandy LEGISLATION the fee determined by the arbitrator under section 3(a) shall be retroactive to June 13, River as part of the Bull Run Water- 1991. shed Management Unit, Oregon, and BINGAMAN AMENDMENT NO. 4296 ‘‘(b) NO FURTHER REVIEW.—Notwith- for other purposes; as follows: standing subchapter IV of title 5, United Strike Section 3, through the end of the Mr. MACK (for Mr. BINGAMAN) pro- States Code (commonly known as the Ad- bill, and insert: posed an amendment to the bill (S. ministrative Dispute Resolution Act), the

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.138 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9967 decision of the arbitrator shall be final and fits to community stability and contribu- cess within the boundaries of the conserva- conclusive upon the Secretary and the Con- tions to the local and State economies. It tion areas in a manner consistent with the cessioner and shall not be subject to judicial has not been demonstrated that continu- purposes for which the conservation area was review. ation of this use would be incompatible with established. ‘‘SEC. 6. GENERAL AUTHORITY. appropriate protection and sound manage- (c) USES.— (1) IN GENERAL.—The Secretary shall only ‘‘Except to the extent inconsistent with ment of the resource values of these lands; allow such uses of the conservation area as this Act, the arbitration under this Act shall therefore, it is expected that such grazing the Secretary finds will further the purposes be conducted in accordance with subchapter will continue in accordance with the man- for which the conservation area is estab- IV of title 5, United States Code.’’. agement plan for the conservation area and other applicable laws and regulations. lished. (8) The Black Rock Desert playa is a (2) OFF-HIGHWAY VEHICLE USE.—Except BLACK ROCK DESERT-HIGH ROCK unique natural resource that serves as the where needed for administrative purposes or CANYON EMIGRANT TRAILS NA- primary destination for the majority of visi- to respond to an emergency, use of motorized TIONAL CONSERVATION AREA tors to the conservation area, including visi- vehicles in the conservation area shall be ACT OF 2000 tors associated with large-scale permitted permitted only on roads and trails and in events. It is expected that such permitted other areas designated for use of motorized events will continue to be administered in vehicles as part of the management plan pre- pared pursuant to subsection (e). BRYAN AMENDMENT NO. 4297 accordance with the management plan for the conservation area and other applicable (3) PERMITTED EVENTS.—The Secretary Mr. MACK (for Mr. BRYAN) proposed laws and regulations. may continue to permit large-scale events in defined, low impact areas of the Black Rock an amendment to the bill (S. 2273) to SEC. 3. DEFINITIONS. Desert plays in the conservation area in ac- As used in this Act: establish the Black Rock Desert-High cordance with the management plan pre- Rock Canyon Emigrant Trails National (1) The term ‘‘Secretary’’ means the Sec- retary of the Interior. pared pursuant to subsection (e). Conservation Area, and for other pur- (2) The term ‘‘public lands’’ has the mean- (d) HUNTING, TRAPPING, AND FISHING.— poses; as follows: ing stated in section 103(e) of the Federal Nothing in this Act shall be deemed to di- Strike all after the enacting clause and in- Land Policy and Management Act of 1976 (43 minish the jurisdiction of the State of Ne- sert the following: U.S.C. 1702(e)). vada with respect to fish and wildlife man- agement, including regulation of hunting SECTION 1. SHORT TITLE. (3) The term ‘‘conservation area’’ means the Black Rock Desert-High Rock Canyon and fishing, on public lands within the con- This Act may be cited as the ‘‘Black Rock servation area. Desert-High Rock Canon Emigrant Trails Emigrant Trails National Conservation Area established pursuant to section 4 of this Act. (e) MANAGEMENT PLAN.—Within three National Conservation Area Act of 2000’’. years following the date of enactment of this SEC. 2. FINDINGS. SEC. 4. ESTABLISHMENT OF THE CONSERVATION AREA. Act, the Secretary shall develop a com- The Congress finds the following: prehensive resource management plan for (a) ESTABLISHMENT AND PURPOSES.—In (1) The areas of northwestern Nevada order to conserve, protect, and enhance for the long-term protection and management of known as the Black Rock Desert and High the benefit and enjoyment of present and fu- the conservation area. The plan shall be de- Rock Canyon contain and surround the last ture generations the unique and nationally veloped with full public participation and nationally significant, untouched segments important historical, cultural, paleontolog- shall developed with full public participation of the historic California Emigrant Trails, ical, scenic, scientific, biological, edu- and shall describe the appropriate uses and including wagon ruts, historic inscriptions, cational, wildlife, riparian, wilderness, en- management of the conservation area con- and a wilderness landscape largely un- dangered species, and recreational values sistent with the provisions of this Act. The changed since the days of the pioneers. and resources associated with the Applegate- plan may incorporate appropriate decisions (2) The relative absence of development in Lassen and Nobles Trails corridors and sur- contained in any current management or ac- the Black Rock Desert and High Rock Can- rounding areas, there is hereby established tivity plan for the area and may use infor- yon areas from emigrant times to the the Black Rock Desert-High Rock Canyon mation developed in previous studies of the present day offers a unique opportunity to Emigrant Trails National Conservation Area lands within or adjacent to the conservation capture the terrain, sights, and conditions of in the State of Nevada. area. (f) GRAZING.—Where the Secretary of the the overland trails as they were experienced (b) AREAS INCLUDED.—The conservation by the emigrants and to make available to area shall consist of approximately 797,100 Interior currently permits livestock grazing both present and future generations of Amer- acres of public lands as generally depicted on in the conservation area, such grazing shall icans the opportunity of experiencing emi- the map entitled ‘‘Black Rock Desert Emi- be allowed to continue subject to all applica- grant conditions in an unaltered setting. grant Trail National Conservation Area’’ and ble laws, regulations, and executive orders. (g) VISITOR SERVICE FACILITIES.—The Sec- (3) The Black Rock Desert and High Rock dated July 19, 2000. retary is authorized to establish, in coopera- Canyon areas are unique segments of the (c) MAPS AND LEGAL DESCRIPTION.—As soon Northern Great Basin and contain broad rep- as practicable after the date of the enact- tion with other public or private entities as resentation of the Great Basin’s land forms ment of this Act, the Secretary shall submit the Secretary may deem appropriate, visitor and plant and animal species, including gold- to Congress a map and legal description of service facilities for the purpose of providing en eagles and other birds of prey, sage the conservation area. The map and legal de- information about the historical, cultural, grouse, mule deer, pronghorn antelope, big- scription shall have the same force and ef- ecological, recreational, and other resources horn sheep, free roaming horses and burros, fect as if included in this Act, except the of the conservation area. threatened fish and sensitive plants. Secretary may correct clerical and typo- SEC. 6. WITHDRAWAL. (4) The Black Rock-High Rock region con- graphical errors in such map and legal de- (a) IN GENERAL.—Subject to valid existing tains a number of cultural and natural re- scription. Copies of the map and legal de- rights, all Federal lands within the conserva- sources that have been declared eligible for scription shall be on file and available for tion area and all lands and interests therein National Historic Landmark and Natural public inspection in the appropriate offices which are hereafter acquired by the United Landmark status, including a portion of the of the Bureau of Land Management. States are hereby withdrawn from all forms of entry, appropriation, or disposal under the 1843–44 John Charles Fremont exploration SEC. 5. MANAGEMENT. public land laws, from location, entry, and route, the site of the death of Peter Lassen, (a) MANAGEMENT.—The Secretary, acting early military facilities, and examples of through the Bureau of Land Management, patent under the mining laws, from oper- early homesteading and mining. shall manage the conservation area in a ation of the mineral leasing and geothermal (5) The archaeological, paleontological, manner that conserves, protects and en- leasing laws and from the minerals materials and geographical resources of the Black hances its resources and values, including laws and all amendments thereto. Rock-High Rock region include numerous those resources and values specified in sub- SEC. 7. NO BUFFER ZONES. prehistoric and historic Native American section 4(a), in accordance with this Act, the The Congress does not intend for the estab- sites, wooly mammoth sites, some of the Federal Land Policy and Management Act of lishment of the conservation area to lead to largest natural potholes of North America, 1976 (43 U.S.C. 1701 et seq.), and other appli- the creation of protective perimeters or buff- and a remnant dry Pelistocene lakebed cable provisions of law. er zones around the conservation area. The (playa) where the curvature of the Earth (b) ACCESS.— fact that there may be activities or uses on may be observed. (1) IN GENERAL.—The Secretary shall main- lands outside the conservation area that (6) The two large wilderness mosaics that tain adequate access for the reasonable use would not be permitted in the conservation frame the conservation area offer excep- and enjoyment of the conservation area. area shall not preclude such activities or tional opportunities for solitude and serve to (2) PRIVATE LAND.—The Secretary shall uses on such lands up to the boundary of the protect the integrity of the viewshed of the provide reasonable access to privately owned conservation area consistent with other ap- historic emigrant trails. land or interests in land within the bound- plicable laws. (7) Public lands in the conservation area aries of the conservation area. SEC. 8. WILDERNESS. have been used for domestic livestock graz- (3) EXISTING PUBLIC ROADS.—The Secretary (a) DESIGNATION.—In furtherance of the ing for over a century, with resultant bene- is authorized to maintain existing public ac- purposes of the Wilderness Act of 1964 (16

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U.S.C. 1131 et seq.), the following lands in the (c) MAPS AND LEGAL DESCRIPTION.—As soon (c) Effective on the day after the date of State of Nevada are designated as wilder- as practicable after the date of the enact- enactment of the Red River National Wild- ness, and, therefore, as components of the ment of this Act, the Secretary shall submit life Refuge Act (106th Congress), section National Wilderness Preservation System: to Congress a map and legal description of 4(b)(2)(D) of that Act is amended by striking (1) Certain lands in the Black Rock Desert the wilderness areas designated under this ‘‘section 4(a)(3) and (4) of the National Wild- Wilderness Study Area comprised of approxi- Act. The map and legal description shall life Refuge System Administration Act of mately 315,700 acres, as generally depicted on have the same force and effect as if included 1966 (16 U.S.C. 668ee(a)(3), (4))’’ and inserting a map entitled ‘‘Black Rock Desert Wilder- in this Act, except the Secretary may cor- ‘‘paragraphs (3) and (4) of section 4(a) of the ness—Proposed’’ and dated July 19, 2000, and rect clerical and typographical errors in such National Wildlife Refuge System Adminis- which shall be known as the Black Rock map and legal description. Copies of the map tration Act of 1966 (16 U.S.C. 668dd(a))’’. Desert Wilderness. and legal description shall be on file and (2) Certain lands in the Pahute Peak Wil- available for public inspection in the appro- DISASTER MITIGATION ACT OF derness Study Area comprised of approxi- priate offices of the Bureau of Land Manage- mately 57,400 acres, as generally depicted on ment. 2000 a map entitled ‘‘Pahute Peak Wilderness— (d) GRAZING.—Within the wilderness areas Proposed’’ and dated July 19, 2000, and which designated under subsection (a), the grazing shall be known as the Pahute Peak Wilder- of livestock, where established prior to the SMITH OF NEW HAMPSHIRE ness. date of enactment of this Act, shall be per- AMENDMENT NO. 4299 (3) Certain lands in the North Black Rock mitted to continue subject to such reason- Range Wilderness Study Area comprised of Mr. MACK (for Mr. SMITH) proposed able regulations, policies, and practices as an amendment to the bill (H.R. 707) to approximately 30,800 acres, as generally de- the Secretary deems necessary, as long as picted on a map entitled ‘‘North Black Rock such regulations, policies, and practices amend the Robert T. Stafford Disaster Range Wilderness—Proposed’’ and dated July fully conform with and implement the intent Relief and Emergency Assistance Act 19, 2000, and which shall be known as the of Congress regarding grazing in such areas to authorize a program for predisaster North Black Rock Range Wilderness. as such intent is expressed in the Wilderness mitigation, to streamline the adminis- (4) Certain lands in the East Fork High Act and section 101(f) of Public Law 101–628. tration of disaster relief, to control the Rock Canyon Wilderness Study Area com- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. prised of approximately 52,800 acres, as gen- Federal costs of disaster assistance, There is hereby authorized to be appro- erally depicted on a map entitled ‘‘East Fork and for other purposes; as follows: priated such sums as may be necessary to High Rock Canyon Wilderness—Proposed’’ In lieu of the matter proposed to be in- carry out the provisions of this Act. and dated July 19, 2000, and which shall be serted by the House amendment, insert the known as the East Fork High Rock Canyon following: Wilderness. CAT ISLAND NATIONAL WILDLIFE SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (5) Certain lands in the High Rock Lake REFUGE ESTABLISHMENT ACT (a) SHORT TITLE.—This Act may be cited as Wilderness Study Area comprised of approxi- the ‘‘Disaster Mitigation Act of 2000’’. mately 59,300 acres, as generally depicted on (b) TABLE OF CONTENTS.—The table of con- a map entitled ‘‘High Rock Lake Wilder- SMITH OF NEW HAMPSHIRE tents of this Act is as follows: ness—Proposed’’ and dated July 19, 2000, and AMENDMENT NO. 4298 Sec. 1. Short title; table of contents. which shall be known as the High Rock Lake Wilderness. Mr. MACK (for Mr. SMITH of New TITLE I—PREDISASTER HAZARD (6) Certain lands in the Little High Rock Hampshire) proposed an amendment to MITIGATION Canyon Wilderness Study Area comprised of the bill (H.R. 3292) to provide for the Sec. 101. Findings and purpose. approximately 48,700 acres, as generally de- establishment of the Cat Island Na- Sec. 102. Predisaster hazard mitigation. picted on a map entitled ‘‘Little High Rock tional Wildlife Refuge in West Sec. 103. Interagency task force. Canyon Wilderness—Proposed’’ and dated Feliciana Parish, Louisiana; as follows: Sec. 104. Mitigation planning; minimum July 19, 2000, and which shall be known as standards for public and private At the end, add the following: the Little High Rock Canyon Wilderness. structures. (7) Certain lands in the High Rock Canyon SEC. 8. DESIGNATION OF HERBERT H. BATEMAN EDUCATION AND ADMINISTRATIVE TITLE II—STREAMLINING AND COST Wilderness Study Area and Yellow Rock REDUCTION Canyon Wilderness Study Area comprised of CENTER. approximately 46,600 acres, as generally de- (a) IN GENERAL.—A building proposed to be Sec. 201. Technical amendments. picted on a map entitled ‘‘High Rock Canyon located within the boundaries of the Chin- Sec. 202. Management costs. Wilderness—Proposed’’ and dated July 19, coteague National Wildlife Refuge, on Sec. 203. Public notice, comment, and con- 2000, and which shall be known as the High Assateague Island, Virginia, shall be known sultation requirements. Rock Canyon Wilderness. and designated as the ‘‘Herbert H. Bateman Sec. 204. State administration of hazard (8) Certain land in the Calico Mountains Education and Administrative Center’’. mitigation grant program. Wilderness Study Area comprised of approxi- (b) REFERENCES.—Any reference in a law, Sec. 205. Assistance to repair, restore, recon- mately 65,400 acres, as generally depicted on map, regulation, document, paper, or other struct, or replace damaged fa- a map entitled ‘‘Calico Mountains Wilder- record of the United States to the building cilities. ness—Proposed’’ and dated July 19, 2000, and referred to in subsection (a) shall be deemed Sec. 206. Federal assistance to individuals which shall be known as the Calico Moun- to be a reference to the Herbert H. Bateman and households. tains Wilderness. Education and Administrative Center. Sec. 207. Community disaster loans. (9) Certain lands in the South Jackson SEC. 9. TECHNICAL CORRECTIONS. Sec. 208. Report on State management of Mountains Wilderness Study Area comprised (a) Effective on the day after the date of small disasters initiative. of approximately 56,800 acres, as generally enactment of the Act entitled, ‘‘An Act to Sec. 209. Study regarding cost reduction. depicted on a map entitled ‘‘South Jackson reauthorize the Junior Duck Stamp Con- TITLE III—MISCELLANEOUS Mountains Wilderness—Proposed’’ and dated servation and Design Program Act of 1994’’ Sec. 301. Technical correction of short title. July 19, 2000, and which shall be known as (106th Congress), section 6 of the Junior Sec. 302. Definitions. the South Jackson Mountains Wilderness. Duck Stamp Conservation and Design Pro- Sec. 303. Fire management assistance. (10) Certain lands in the North Jackson gram Act of 1994 (16 U.S.C. 668dd note; Public Sec. 304. Disaster grant closeout procedures. Mountains Wilderness Study Area comprised Law 103–340), relating to an environmental Sec. 305. Public safety officer benefits for of approximately 24,000 acres, as generally education center and refuge, is redesignated certain Federal and State em- depicted on a map entitled ‘‘North Jackson as section 7. ployees. Mountains Wilderness—Proposed’’ and dated (b) Effective on the day after the date of Sec. 306. Buy American. July 19, 2000, and which shall be known as enactment of the Cahaba River National Sec. 307. Treatment of certain real property. the North Jackson Mountains Wilderness. Wildlife Refuge Establishment Act (106th Sec. 308. Study of participation by Indian (b) ADMINISTRATION OF WILDERNESS Congress), section 6 of that Act is amended— tribes in emergency manage- AREAS.—Subject to valid existing rights, (1) in paragraph (2), by striking ‘‘the En- ment. each wilderness area designated by this Act dangered Species Act of 1973 (16 U.S.C. 1331 et shall be administered by the Secretary in ac- seq.)’’ and inserting ‘‘the Endangered Species TITLE I—PREDISASTER HAZARD cordance with the provisions of the Wilder- Act of 1973 (16 U.S.C. 1531 et seq.)’’; and MITIGATION ness Act, except that any reference in such (2) in paragraph (3), by striking ‘‘section SEC. 101. FINDINGS AND PURPOSE. provisions to the effective date of the Wil- 4(a)(3) and (4) of the National Wildlife Refuge (a) FINDINGS.—Congress finds that— derness Act shall be deemed to be a reference System Administration Act of 1966 (16 U.S.C. (1) natural disasters, including earth- to the date of enactment of this Act and any 668ee(a)(3), (4))’’ and inserting ‘‘paragraphs quakes, tsunamis, tornadoes, hurricanes, reference to the Secretary of Agriculture (3) and (4) of section 4(a) of the National flooding, and wildfires, pose great danger to shall be deemed to be a reference to the Sec- Wildlife Refuge System Administration Act human life and to property throughout the retary of the Interior. of 1966 (16 U.S.C. 668dd(a))’’. United States;

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.126 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9969 (2) greater emphasis needs to be placed may provide technical and financial assist- ‘‘(2) the degree of commitment of the State on— ance to the State or local government to be or local government to reduce damages from (A) identifying and assessing the risks to used in accordance with subsection (e). future natural disasters; States and local governments (including In- ‘‘(d) STATE RECOMMENDATIONS.— ‘‘(3) the degree of commitment by the dian tribes) from natural disasters; ‘‘(1) IN GENERAL.— State or local government to support ongo- (B) implementing adequate measures to re- ‘‘(A) RECOMMENDATIONS.—The Governor of ing non-Federal support for the hazard miti- duce losses from natural disasters; and each State may recommend to the President gation measures to be carried out using the (C) ensuring that the critical services and not fewer than 5 local governments to re- technical and financial assistance; facilities of communities will continue to ceive assistance under this section. ‘‘(4) the extent to which the hazard mitiga- function after a natural disaster; ‘‘(B) DEADLINE FOR SUBMISSION.—The rec- tion measures to be carried out using the (3) expenditures for postdisaster assistance ommendations under subparagraph (A) shall technical and financial assistance contribute are increasing without commensurate reduc- be submitted to the President not later than to the mitigation goals and priorities estab- tions in the likelihood of future losses from October 1, 2001, and each October 1st there- lished by the State; natural disasters; after or such later date in the year as the ‘‘(5) the extent to which the technical and (4) in the expenditure of Federal funds President may establish. financial assistance is consistent with other under the Robert T. Stafford Disaster Relief ‘‘(C) CRITERIA.—In making recommenda- assistance provided under this Act; and Emergency Assistance Act (42 U.S.C. tions under subparagraph (A), a Governor ‘‘(6) the extent to which prioritized, cost- 5121 et seq.), high priority should be given to shall consider the criteria specified in sub- effective mitigation activities that produce mitigation of hazards at the local level; and section (g). meaningful and definable outcomes are (5) with a unified effort of economic incen- ‘‘(2) USE.— clearly identified; tives, awareness and education, technical as- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(7) if the State or local government has sistance, and demonstrated Federal support, subparagraph (B), in providing assistance to submitted a mitigation plan under section States and local governments (including In- local governments under this section, the 322, the extent to which the activities identi- dian tribes) will be able to— President shall select from local govern- fied under paragraph (6) are consistent with (A) form effective community-based part- ments recommended by the Governors under the mitigation plan; nerships for hazard mitigation purposes; this subsection. ‘‘(8) the opportunity to fund activities that (B) implement effective hazard mitigation ‘‘(B) EXTRAORDINARY CIRCUMSTANCES.—In maximize net benefits to society; measures that reduce the potential damage providing assistance to local governments ‘‘(9) the extent to which assistance will from natural disasters; under this section, the President may select fund mitigation activities in small impover- (C) ensure continued functionality of crit- a local government that has not been rec- ished communities; and ical services; ommended by a Governor under this sub- ‘‘(10) such other criteria as the President (D) leverage additional non-Federal re- section if the President determines that ex- establishes in consultation with State and sources in meeting natural disaster resist- traordinary circumstances justify the selec- local governments. ‘‘(h) FEDERAL SHARE.— ance goals; and tion and that making the selection will fur- ‘‘(1) IN GENERAL.—Financial assistance pro- (E) make commitments to long-term haz- ther the purpose of this section. vided under this section may contribute up ard mitigation efforts to be applied to new ‘‘(3) EFFECT OF FAILURE TO NOMINATE.—If a to 75 percent of the total cost of mitigation and existing structures. Governor of a State fails to submit rec- activities approved by the President. (b) PURPOSE.—The purpose of this title is ommendations under this subsection in a ‘‘(2) SMALL IMPOVERISHED COMMUNITIES.— to establish a national disaster hazard miti- timely manner, the President may select, Notwithstanding paragraph (1), the Presi- gation program— subject to the criteria specified in subsection (g), any local governments of the State to re- dent may contribute up to 90 percent of the (1) to reduce the loss of life and property, total cost of a mitigation activity carried human suffering, economic disruption, and ceive assistance under this section. ‘‘(e) USES OF TECHNICAL AND FINANCIAL AS- out in a small impoverished community. disaster assistance costs resulting from nat- ATIONAL REDISASTER ITIGATION SISTANCE.— ‘‘(i) N P M ural disasters; and FUND.— ‘‘(1) IN GENERAL.—Technical and financial (2) to provide a source of predisaster haz- ‘‘(1) ESTABLISHMENT.—The President may ard mitigation funding that will assist assistance provided under this section— ‘‘(A) shall be used by States and local gov- establish in the Treasury of the United States and local governments (including In- States a fund to be known as the ‘National dian tribes) in implementing effective hazard ernments principally to implement predisaster hazard mitigation measures that Predisaster Mitigation Fund’, to be used in mitigation measures that are designed to en- carrying out this section. sure the continued functionality of critical are cost-effective and are described in pro- posals approved by the President under this ‘‘(2) TRANSFERS TO FUND.—There shall be services and facilities after a natural dis- deposited in the Fund— aster. section; and ‘‘(B) may be used— ‘‘(A) amounts appropriated to carry out SEC. 102. PREDISASTER HAZARD MITIGATION. ‘‘(i) to support effective public-private nat- this section, which shall remain available (a) IN GENERAL.—Title II of the Robert T. ural disaster hazard mitigation partnerships; until expended; and Stafford Disaster Relief and Emergency As- ‘‘(ii) to improve the assessment of a com- ‘‘(B) sums available from gifts, bequests, or sistance Act (42 U.S.C. 5131 et seq.) is amend- munity’s vulnerability to natural hazards; or donations of services or property received by ed by adding at the end the following: ‘‘(iii) to establish hazard mitigation prior- the President for the purpose of predisaster ‘‘SEC. 203. PREDISASTER HAZARD MITIGATION. ities, and an appropriate hazard mitigation hazard mitigation. ‘‘(a) DEFINITION OF SMALL IMPOVERISHED plan, for a community. ‘‘(3) EXPENDITURES FROM FUND.—Upon re- quest by the President, the Secretary of the COMMUNITY.—In this section, the term ‘small ‘‘(2) DISSEMINATION.—A State or local gov- impoverished community’ means a commu- ernment may use not more than 10 percent Treasury shall transfer from the Fund to the nity of 3,000 or fewer individuals that is eco- of the financial assistance received by the President such amounts as the President de- nomically disadvantaged, as determined by State or local government under this section termines are necessary to provide technical the State in which the community is located for a fiscal year to fund activities to dissemi- and financial assistance under this section. and based on criteria established by the nate information regarding cost-effective ‘‘(4) INVESTMENT OF AMOUNTS.— President. mitigation technologies. ‘‘(A) IN GENERAL.—The Secretary of the ‘‘(b) ESTABLISHMENT OF PROGRAM.—The ‘‘(f) ALLOCATION OF FUNDS.—The amount of Treasury shall invest such portion of the President may establish a program to pro- financial assistance made available to a Fund as is not, in the judgment of the Sec- vide technical and financial assistance to State (including amounts made available to retary of the Treasury, required to meet cur- States and local governments to assist in the local governments of the State) under this rent withdrawals. Investments may be made implementation of predisaster hazard miti- section for a fiscal year— only in interest-bearing obligations of the gation measures that are cost-effective and ‘‘(1) shall be not less than the lesser of— United States. are designed to reduce injuries, loss of life, ‘‘(A) $500,000; or ‘‘(B) ACQUISITION OF OBLIGATIONS.—For the and damage and destruction of property, in- ‘‘(B) the amount that is equal to 1.0 per- purpose of investments under subparagraph cluding damage to critical services and fa- cent of the total funds appropriated to carry (A), obligations may be acquired— cilities under the jurisdiction of the States out this section for the fiscal year; ‘‘(i) on original issue at the issue price; or or local governments. ‘‘(2) shall not exceed 15 percent of the total ‘‘(ii) by purchase of outstanding obliga- ‘‘(c) APPROVAL BY PRESIDENT.—If the Presi- funds described in paragraph (1)(B); and tions at the market price. dent determines that a State or local govern- ‘‘(3) shall be subject to the criteria speci- ‘‘(C) SALE OF OBLIGATIONS.—Any obligation ment has identified natural disaster hazards fied in subsection (g). acquired by the Fund may be sold by the in areas under its jurisdiction and has dem- ‘‘(g) CRITERIA FOR ASSISTANCE AWARDS.—In Secretary of the Treasury at the market onstrated the ability to form effective pub- determining whether to provide technical price. lic-private natural disaster hazard mitiga- and financial assistance to a State or local ‘‘(D) CREDITS TO FUND.—The interest on, tion partnerships, the President, using government under this section, the President and the proceeds from the sale or redemption amounts in the National Predisaster Mitiga- shall take into account— of, any obligations held in the Fund shall be tion Fund established under subsection (i) ‘‘(1) the extent and nature of the hazards to credited to and form a part of the Fund. (referred to in this section as the ‘Fund’), be mitigated; ‘‘(E) TRANSFERS OF AMOUNTS.—

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‘‘(i) IN GENERAL.—The amounts required to shall serve as the chairperson of the task ‘‘(1) the recipient shall carry out any re- be transferred to the Fund under this sub- force. pair or construction to be financed with the section shall be transferred at least monthly ‘‘(c) MEMBERSHIP.—The membership of the loan or grant in accordance with applicable from the general fund of the Treasury to the task force shall include representatives of— standards of safety, decency, and sanitation Fund on the basis of estimates made by the ‘‘(1) relevant Federal agencies; and in conformity with applicable codes, Secretary of the Treasury. ‘‘(2) State and local government organiza- specifications, and standards; and ‘‘(ii) ADJUSTMENTS.—Proper adjustment tions (including Indian tribes); and ‘‘(2) the President may require safe land shall be made in amounts subsequently ‘‘(3) the American Red Cross.’’. use and construction practices, after ade- transferred to the extent prior estimates SEC. 104. MITIGATION PLANNING; MINIMUM quate consultation with appropriate State were in excess of or less than the amounts STANDARDS FOR PUBLIC AND PRI- and local government officials. required to be transferred. VATE STRUCTURES. ‘‘(b) EVIDENCE OF COMPLIANCE.—A recipient ‘‘(j) LIMITATION ON TOTAL AMOUNT OF FI- (a) IN GENERAL.—Title III of the Robert T. of a disaster loan or grant under this Act NANCIAL ASSISTANCE.—The President shall Stafford Disaster Relief and Emergency As- shall provide such evidence of compliance not provide financial assistance under this sistance Act (42 U.S.C. 5141 et seq.) is amend- with this section as the President may re- section in an amount greater than the ed by adding at the end the following: quire by regulation.’’. amount available in the Fund. ‘‘SEC. 322. MITIGATION PLANNING. (b) LOSSES FROM STRAIGHT LINE WINDS.— ‘‘(k) MULTIHAZARD ADVISORY MAPS.— ‘‘(a) REQUIREMENT OF MITIGATION PLAN.— The President shall increase the maximum ‘‘(1) DEFINITION OF MULTIHAZARD ADVISORY As a condition of receipt of an increased Fed- percentage specified in the last sentence of MAP.—In this subsection, the term ‘multi- eral share for hazard mitigation measures section 404(a) of the Robert T. Stafford Dis- hazard advisory map’ means a map on which under subsection (e), a State, local, or tribal aster Relief and Emergency Assistance Act hazard data concerning each type of natural government shall develop and submit for ap- (42 U.S.C. 5170c(a)) from 15 percent to 20 per- disaster is identified simultaneously for the proval to the President a mitigation plan cent with respect to any major disaster that that outlines processes for identifying the purpose of showing areas of hazard overlap. is in the State of Minnesota and for which natural hazards, risks, and vulnerabilities of ‘‘(2) DEVELOPMENT OF MAPS.—In consulta- assistance is being provided as of the date of the area under the jurisdiction of the govern- tion with States, local governments, and ap- enactment of this Act, except that addi- ment. propriate Federal agencies, the President tional assistance provided under this sub- ‘‘(b) LOCAL AND TRIBAL PLANS.—Each miti- shall develop multihazard advisory maps for gation plan developed by a local or tribal section shall not exceed $6,000,000. The miti- areas, in not fewer than 5 States, that are government shall— gation measures assisted under this sub- subject to commonly recurring natural haz- ‘‘(1) describe actions to mitigate hazards, section shall be related to losses in the State ards (including flooding, hurricanes and se- risks, and vulnerabilities identified under of Minnesota from straight line winds. vere winds, and seismic events). the plan; and (c) CONFORMING AMENDMENTS.— ‘‘(3) USE OF TECHNOLOGY.—In developing ‘‘(2) establish a strategy to implement (1) Section 404(a) of the Robert T. Stafford multihazard advisory maps under this sub- those actions. Disaster Relief and Emergency Assistance section, the President shall use, to the max- ‘‘(c) STATE PLANS.—The State process of Act (42 U.S.C. 5170c(a)) is amended— imum extent practicable, the most cost-ef- development of a mitigation plan under this (A) in the second sentence, by striking fective and efficient technology available. section shall— ‘‘section 409’’ and inserting ‘‘section 322’’; ‘‘(4) USE OF MAPS.— ‘‘(1) identify the natural hazards, risks, and ‘‘(A) ADVISORY NATURE.—The multihazard and vulnerabilities of areas in the State; (B) in the third sentence, by striking ‘‘The advisory maps shall be considered to be advi- ‘‘(2) support development of local mitiga- total’’ and inserting ‘‘Subject to section 322, sory and shall not require the development tion plans; the total’’. of any new policy by, or impose any new pol- ‘‘(3) provide for technical assistance to (2) Section 409 of the Robert T. Stafford icy on, any government or private entity. local and tribal governments for mitigation Disaster Relief and Emergency Assistance ‘‘(B) AVAILABILITY OF MAPS.—The multi- planning; and Act (42 U.S.C. 5176) is repealed. hazard advisory maps shall be made avail- ‘‘(4) identify and prioritize mitigation ac- TITLE II—STREAMLINING AND COST able to the appropriate State and local gov- tions that the State will support, as re- REDUCTION ernments for the purposes of— sources become available. SEC. 201. TECHNICAL AMENDMENTS. ‘‘(i) informing the general public about the ‘‘(d) FUNDING.— Section 311 of the Robert T. Stafford Dis- risks of natural hazards in the areas de- ‘‘(1) IN GENERAL.—Federal contributions aster Relief and Emergency Assistance Act scribed in paragraph (2); under section 404 may be used to fund the de- (42 U.S.C. 5154) is amended in subsections ‘‘(ii) supporting the activities described in velopment and updating of mitigation plans (a)(1), (b), and (c) by striking ‘‘section 803 of subsection (e); and under this section. the Public Works and Economic Develop- ‘‘(iii) other public uses. ‘‘(2) MAXIMUM FEDERAL CONTRIBUTION.— ment Act of 1965’’ each place it appears and ‘‘(l) REPORT ON FEDERAL AND STATE ADMIN- With respect to any mitigation plan, a State, inserting ‘‘section 209(c)(2) of the Public ISTRATION.—Not later than 18 months after local, or tribal government may use an Works and Economic Development Act of the date of enactment of this section, the amount of Federal contributions under sec- President, in consultation with State and tion 404 not to exceed 7 percent of the 1965 (42 U.S.C. 3149(c)(2))’’. local governments, shall submit to Congress amount of such contributions available to SEC. 202. MANAGEMENT COSTS. a report evaluating efforts to implement this the government as of a date determined by (a) IN GENERAL.—Title III of the Robert T. section and recommending a process for the government. Stafford Disaster Relief and Emergency As- transferring greater authority and responsi- ‘‘(e) INCREASED FEDERAL SHARE FOR HAZ- sistance Act (42 U.S.C. 5141 et seq.) (as bility for administering the assistance pro- ARD MITIGATION MEASURES.— amended by section 104(a)) is amended by gram established under this section to capa- ‘‘(1) IN GENERAL.—If, at the time of the dec- adding at the end the following: ble States. laration of a major disaster, a State has in ‘‘SEC. 324. MANAGEMENT COSTS. ‘‘(m) TERMINATION OF AUTHORITY.—The au- effect an approved mitigation plan under ‘‘(a) DEFINITION OF MANAGEMENT COST.—In thority provided by this section terminates this section, the President may increase to this section, the term ‘management cost’ in- December 31, 2003.’’. 20 percent, with respect to the major dis- cludes any indirect cost, any administrative (b) CONFORMING AMENDMENT.—Title II of aster, the maximum percentage specified in expense, and any other expense not directly the Robert T. Stafford Disaster Relief and the last sentence of section 404(a). chargeable to a specific project under a Emergency Assistance Act (42 U.S.C. 5131 et ‘‘(2) FACTORS FOR CONSIDERATION.—In de- major disaster, emergency, or disaster pre- seq.) is amended by striking the title head- termining whether to increase the maximum paredness or mitigation activity or measure. ing and inserting the following: percentage under paragraph (1), the Presi- ‘‘(b) ESTABLISHMENT OF MANAGEMENT COST ‘‘TITLE II—DISASTER PREPAREDNESS AND dent shall consider whether the State has RATES.—Notwithstanding any other provi- MITIGATION ASSISTANCE’’. established— sion of law (including any administrative SEC. 103. INTERAGENCY TASK FORCE. ‘‘(A) eligibility criteria for property acqui- rule or guidance), the President shall by reg- Title II of the Robert T. Stafford Disaster sition and other types of mitigation meas- ulation establish management cost rates, for Relief and Emergency Assistance Act (42 ures; grantees and subgrantees, that shall be used U.S.C. 5131 et seq.) (as amended by section ‘‘(B) requirements for cost effectiveness to determine contributions under this Act 102(a)) is amended by adding at the end the that are related to the eligibility criteria; for management costs. following: ‘‘(C) a system of priorities that is related ‘‘(c) REVIEW.—The President shall review ‘‘SEC. 204. INTERAGENCY TASK FORCE. to the eligibility criteria; and the management cost rates established under ‘‘(a) IN GENERAL.—The President shall es- ‘‘(D) a process by which an assessment of subsection (b) not later than 3 years after tablish a Federal interagency task force for the effectiveness of a mitigation action may the date of establishment of the rates and the purpose of coordinating the implementa- be carried out after the mitigation action is periodically thereafter.’’. tion of predisaster hazard mitigation pro- complete. (b) APPLICABILITY.— grams administered by the Federal Govern- ‘‘SEC. 323. MINIMUM STANDARDS FOR PUBLIC (1) IN GENERAL.—Subject to paragraph (2), ment. AND PRIVATE STRUCTURES. subsections (a) and (b) of section 324 of the ‘‘(b) CHAIRPERSON.—The Director of the ‘‘(a) IN GENERAL.—As a condition of receipt Robert T. Stafford Disaster Relief and Emer- Federal Emergency Management Agency of a disaster loan or grant under this Act— gency Assistance Act (as added by subsection

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(a)) shall apply to major disasters declared ‘‘(A) the demonstrated ability of the State ‘‘(4) NOTIFICATION TO CONGRESS.—Before under that Act on or after the date of enact- to manage the grant program under this sec- making any contribution under this section ment of this Act. tion; in an amount greater than $20,000,000, the (2) INTERIM AUTHORITY.—Until the date on ‘‘(B) there being in effect an approved miti- President shall notify— which the President establishes the manage- gation plan under section 322; and ‘‘(A) the Committee on Environment and ment cost rates under section 324 of the Rob- ‘‘(C) a demonstrated commitment to miti- Public Works of the Senate; ert T. Stafford Disaster Relief and Emer- gation activities. ‘‘(B) the Committee on Transportation and gency Assistance Act (as added by subsection ‘‘(3) APPROVAL.—The President shall ap- Infrastructure of the House of Representa- (a)), section 406(f) of the Robert T. Stafford prove an application submitted under para- tives; Disaster Relief and Emergency Assistance graph (1) that meets the criteria established ‘‘(C) the Committee on Appropriations of Act (42 U.S.C. 5172(f)) (as in effect on the day under paragraph (2). the Senate; and before the date of enactment of this Act) ‘‘(4) WITHDRAWAL OF APPROVAL.—If, after ‘‘(D) the Committee on Appropriations of shall be used to establish management cost approving an application of a State sub- the House of Representatives.’’. rates. mitted under paragraph (1), the President de- (b) FEDERAL SHARE.—Section 406 of the SEC. 203. PUBLIC NOTICE, COMMENT, AND CON- termines that the State is not administering Robert T. Stafford Disaster Relief and Emer- SULTATION REQUIREMENTS. the hazard mitigation grant program estab- gency Assistance Act (42 U.S.C. 5172) is Title III of the Robert T. Stafford Disaster lished by this section in a manner satisfac- amended by striking subsection (b) and in- Relief and Emergency Assistance Act (42 tory to the President, the President shall serting the following: U.S.C. 5141 et seq.) (as amended by section withdraw the approval. ‘‘(b) FEDERAL SHARE.— 202(a)) is amended by adding at the end the ‘‘(5) AUDITS.—The President shall provide ‘‘(1) MINIMUM FEDERAL SHARE.—Except as following: for periodic audits of the hazard mitigation provided in paragraph (2), the Federal share ‘‘SEC. 325. PUBLIC NOTICE, COMMENT, AND CON- grant programs administered by States of assistance under this section shall be not SULTATION REQUIREMENTS. under this subsection.’’. less than 75 percent of the eligible cost of re- ‘‘(a) PUBLIC NOTICE AND COMMENT CON- SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RE- pair, restoration, reconstruction, or replace- CERNING NEW OR MODIFIED POLICIES.— CONSTRUCT, OR REPLACE DAMAGED ment carried out under this section. ‘‘(1) IN GENERAL.—The President shall pro- FACILITIES. ‘‘(2) REDUCED FEDERAL SHARE.—The Presi- vide for public notice and opportunity for (a) CONTRIBUTIONS.—Section 406 of the Rob- dent shall promulgate regulations to reduce comment before adopting any new or modi- ert T. Stafford Disaster Relief and Emer- the Federal share of assistance under this fied policy that— gency Assistance Act (42 U.S.C. 5172) is section to not less than 25 percent in the ‘‘(A) governs implementation of the public amended by striking subsection (a) and in- case of the repair, restoration, reconstruc- assistance program administered by the Fed- serting the following: tion, or replacement of any eligible public eral Emergency Management Agency under ‘‘(a) CONTRIBUTIONS.— facility or private nonprofit facility fol- ‘‘(1) IN GENERAL.—The President may make this Act; and lowing an event associated with a major contributions— ‘‘(B) could result in a significant reduction disaster— ‘‘(A) to a State or local government for the of assistance under the program. ‘‘(A) that has been damaged, on more than repair, restoration, reconstruction, or re- ‘‘(2) APPLICATION.—Any policy adopted 1 occasion within the preceding 10-year pe- placement of a public facility damaged or de- under paragraph (1) shall apply only to a riod, by the same type of event; and stroyed by a major disaster and for associ- major disaster or emergency declared on or ‘‘(B) the owner of which has failed to im- ated expenses incurred by the government; after the date on which the policy is adopted. plement appropriate mitigation measures to and ‘‘(b) CONSULTATION CONCERNING INTERIM address the hazard that caused the damage POLICIES.— ‘‘(B) subject to paragraph (3), to a person to the facility.’’. ‘‘(1) IN GENERAL.—Before adopting any in- that owns or operates a private nonprofit fa- (c) LARGE IN-LIEU CONTRIBUTIONS.—Section terim policy under the public assistance pro- cility damaged or destroyed by a major dis- 406 of the Robert T. Stafford Disaster Relief gram to address specific conditions that re- aster for the repair, restoration, reconstruc- and Emergency Assistance Act (42 U.S.C. late to a major disaster or emergency that tion, or replacement of the facility and for 5172) is amended by striking subsection (c) has been declared under this Act, the Presi- associated expenses incurred by the person. and inserting the following: dent, to the maximum extent practicable, ‘‘(2) ASSOCIATED EXPENSES.—For the pur- ‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.— shall solicit the views and recommendations poses of this section, associated expenses ‘‘(1) FOR PUBLIC FACILITIES.— of grantees and subgrantees with respect to shall include— ‘‘(A) IN GENERAL.—In any case in which a the major disaster or emergency concerning ‘‘(A) the costs of mobilizing and employing State or local government determines that the potential interim policy, if the interim the National Guard for performance of eligi- the public welfare would not best be served policy is likely— ble work; by repairing, restoring, reconstructing, or ‘‘(A) to result in a significant reduction of ‘‘(B) the costs of using prison labor to per- replacing any public facility owned or con- assistance to applicants for the assistance form eligible work, including wages actually trolled by the State or local government, the with respect to the major disaster or emer- paid, transportation to a worksite, and ex- State or local government may elect to re- gency; or traordinary costs of guards, food, and lodg- ceive, in lieu of a contribution under sub- ‘‘(B) to change the terms of a written ing; and section (a)(1)(A), a contribution in an agreement to which the Federal Government ‘‘(C) base and overtime wages for the em- amount equal to 75 percent of the Federal is a party concerning the declaration of the ployees and extra hires of a State, local gov- share of the Federal estimate of the cost of major disaster or emergency. ernment, or person described in paragraph (1) repairing, restoring, reconstructing, or re- ‘‘(2) NO LEGAL RIGHT OF ACTION.—Nothing that perform eligible work, plus fringe bene- placing the facility and of management ex- in this subsection confers a legal right of ac- fits on such wages to the extent that such penses. tion on any party. benefits were being paid before the major ‘‘(B) AREAS WITH UNSTABLE SOIL.—In any ‘‘(c) PUBLIC ACCESS.—The President shall disaster. case in which a State or local government promote public access to policies governing ‘‘(3) CONDITIONS FOR ASSISTANCE TO PRIVATE determines that the public welfare would not the implementation of the public assistance NONPROFIT FACILITIES.— best be served by repairing, restoring, recon- program.’’. ‘‘(A) IN GENERAL.—The President may structing, or replacing any public facility SEC. 204. STATE ADMINISTRATION OF HAZARD make contributions to a private nonprofit fa- owned or controlled by the State or local MITIGATION GRANT PROGRAM. cility under paragraph (1)(B) only if— government because soil instability in the Section 404 of the Robert T. Stafford Dis- ‘‘(i) the facility provides critical services disaster area makes repair, restoration, re- aster Relief and Emergency Assistance Act (as defined by the President) in the event of construction, or replacement infeasible, the (42 U.S.C. 5170c) is amended by adding at the a major disaster; or State or local government may elect to re- end the following: ‘‘(ii) the owner or operator of the facility— ceive, in lieu of a contribution under sub- ‘‘(c) PROGRAM ADMINISTRATION BY ‘‘(I) has applied for a disaster loan under section (a)(1)(A), a contribution in an STATES.— section 7(b) of the Small Business Act (15 amount equal to 90 percent of the Federal ‘‘(1) IN GENERAL.—A State desiring to ad- U.S.C. 636(b)); and share of the Federal estimate of the cost of minister the hazard mitigation grant pro- ‘‘(II)(aa) has been determined to be ineli- repairing, restoring, reconstructing, or re- gram established by this section with respect gible for such a loan; or placing the facility and of management ex- to hazard mitigation assistance in the State ‘‘(bb) has obtained such a loan in the max- penses. may submit to the President an application imum amount for which the Small Business ‘‘(C) USE OF FUNDS.—Funds contributed to for the delegation of the authority to admin- Administration determines the facility is el- a State or local government under this para- ister the program. igible. graph may be used— ‘‘(2) CRITERIA.—The President, in consulta- ‘‘(B) DEFINITION OF CRITICAL SERVICES.—In ‘‘(i) to repair, restore, or expand other se- tion and coordination with States and local this paragraph, the term ‘critical services’ lected public facilities; governments, shall establish criteria for the includes power, water (including water pro- ‘‘(ii) to construct new facilities; or approval of applications submitted under vided by an irrigation organization or facil- ‘‘(iii) to fund hazard mitigation measures paragraph (1). The criteria shall include, at a ity), sewer, wastewater treatment, commu- that the State or local government deter- minimum— nications, and emergency medical care. mines to be necessary to meet a need for

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governmental services and functions in the ‘‘(A) ACTUAL COST GREATER THAN CEILING construction, are the owner’s responsibility area affected by the major disaster. PERCENTAGE OF ESTIMATED COST.—In any case and not the contractor’s responsibility.’’. ‘‘(D) LIMITATIONS.—Funds made available in which the actual cost of repairing, restor- (2) EFFECTIVE DATE.—The amendment to a State or local government under this ing, reconstructing, or replacing a facility made by paragraph (1) takes effect on the paragraph may not be used for— under this section is greater than the ceiling date of enactment of this Act and applies to ‘‘(i) any public facility located in a regu- percentage established under paragraph (3) of funds appropriated after the date of enact- latory floodway (as defined in section 59.1 of the cost estimated under paragraph (1), the ment of this Act, except that paragraph (1) title 44, Code of Federal Regulations (or a President may determine that the eligible of section 406(e) of the Robert T. Stafford successor regulation)); or cost includes a portion of the actual cost of Disaster Relief and Emergency Assistance ‘‘(ii) any uninsured public facility located the repair, restoration, reconstruction, or re- Act (as amended by paragraph (1)) takes ef- in a special flood hazard area identified by placement that exceeds the cost estimated fect on the date on which the cost esti- the Director of the Federal Emergency Man- under paragraph (1). mation procedures established under para- agement Agency under the National Flood ‘‘(B) ACTUAL COST LESS THAN ESTIMATED graph (3) of that section take effect. Insurance Act of 1968 (42 U.S.C. 4001 et seq.). COST.— (e) CONFORMING AMENDMENT.—Section 406 ‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.— ‘‘(i) GREATER THAN OR EQUAL TO FLOOR PER- of the Robert T. Stafford Disaster Relief and ‘‘(A) IN GENERAL.—In any case in which a CENTAGE OF ESTIMATED COST.—In any case in Emergency Assistance Act (42 U.S.C. 5172) is person that owns or operates a private non- which the actual cost of repairing, restoring, amended by striking subsection (f). profit facility determines that the public reconstructing, or replacing a facility under SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS welfare would not best be served by repair- this section is less than 100 percent of the AND HOUSEHOLDS. ing, restoring, reconstructing, or replacing cost estimated under paragraph (1), but is (a) IN GENERAL.—Section 408 of the Robert the facility, the person may elect to receive, greater than or equal to the floor percentage T. Stafford Disaster Relief and Emergency in lieu of a contribution under subsection established under paragraph (3) of the cost Assistance Act (42 U.S.C. 5174) is amended to (a)(1)(B), a contribution in an amount equal estimated under paragraph (1), the State or read as follows: to 75 percent of the Federal share of the Fed- local government or person receiving funds ‘‘SEC. 408. FEDERAL ASSISTANCE TO INDIVID- eral estimate of the cost of repairing, restor- under this section shall use the excess funds UALS AND HOUSEHOLDS. ing, reconstructing, or replacing the facility to carry out cost-effective activities that re- ‘‘(a) IN GENERAL.— and of management expenses. duce the risk of future damage, hardship, or ‘‘(1) PROVISION OF ASSISTANCE.—In accord- ‘‘(B) USE OF FUNDS.—Funds contributed to suffering from a major disaster. ance with this section, the President, in con- a person under this paragraph may be used— ‘‘(ii) LESS THAN FLOOR PERCENTAGE OF ESTI- sultation with the Governor of a State, may ‘‘(i) to repair, restore, or expand other se- MATED COST.—In any case in which the ac- provide financial assistance, and, if nec- lected private nonprofit facilities owned or tual cost of repairing, restoring, recon- essary, direct services, to individuals and operated by the person; structing, or replacing a facility under this households in the State who, as a direct re- ‘‘(ii) to construct new private nonprofit fa- section is less than the floor percentage es- sult of a major disaster, have necessary ex- cilities to be owned or operated by the per- tablished under paragraph (3) of the cost es- penses and serious needs in cases in which son; or timated under paragraph (1), the State or the individuals and households are unable to ‘‘(iii) to fund hazard mitigation measures local government or person receiving assist- meet such expenses or needs through other that the person determines to be necessary ance under this section shall reimburse the means. to meet a need for the person’s services and President in the amount of the difference. ‘‘(2) RELATIONSHIP TO OTHER ASSISTANCE.— functions in the area affected by the major ‘‘(C) NO EFFECT ON APPEALS PROCESS.— Under paragraph (1), an individual or house- disaster. Nothing in this paragraph affects any right hold shall not be denied assistance under ‘‘(C) LIMITATIONS.—Funds made available of appeal under section 423. paragraph (1), (3), or (4) of subsection (c) to a person under this paragraph may not be ‘‘(3) EXPERT PANEL.— solely on the basis that the individual or used for— ‘‘(A) ESTABLISHMENT.—Not later than 18 household has not applied for or received any ‘‘(i) any private nonprofit facility located months after the date of enactment of this loan or other financial assistance from the in a regulatory floodway (as defined in sec- paragraph, the President, acting through the Small Business Administration or any other tion 59.1 of title 44, Code of Federal Regula- Director of the Federal Emergency Manage- Federal agency. tions (or a successor regulation)); or ment Agency, shall establish an expert ‘‘(b) HOUSING ASSISTANCE.— ‘‘(ii) any uninsured private nonprofit facil- panel, which shall include representatives ‘‘(1) ELIGIBILITY.—The President may pro- ity located in a special flood hazard area from the construction industry and State vide financial or other assistance under this identified by the Director of the Federal and local government. section to individuals and households to re- Emergency Management Agency under the ‘‘(B) DUTIES.—The expert panel shall de- spond to the disaster-related housing needs National Flood Insurance Act of 1968 (42 velop recommendations concerning— of individuals and households who are dis- U.S.C. 4001 et seq.).’’. ‘‘(i) procedures for estimating the cost of placed from their predisaster primary resi- (d) ELIGIBLE COST.— repairing, restoring, reconstructing, or re- dences or whose predisaster primary resi- (1) IN GENERAL.—Section 406 of the Robert placing a facility consistent with industry dences are rendered uninhabitable as a result T. Stafford Disaster Relief and Emergency practices; and of damage caused by a major disaster. Assistance Act (42 U.S.C. 5172) is amended by ‘‘(ii) the ceiling and floor percentages re- ‘‘(2) DETERMINATION OF APPROPRIATE TYPES striking subsection (e) and inserting the fol- ferred to in paragraph (2). OF ASSISTANCE.— lowing: ‘‘(C) REGULATIONS.—Taking into account ‘‘(A) IN GENERAL.—The President shall de- ‘‘(e) ELIGIBLE COST.— the recommendations of the expert panel termine appropriate types of housing assist- ‘‘(1) DETERMINATION.— under subparagraph (B), the President shall ance to be provided under this section to in- ‘‘(A) IN GENERAL.—For the purposes of this promulgate regulations that establish— dividuals and households described in sub- section, the President shall estimate the eli- ‘‘(i) cost estimation procedures described section (a)(1) based on considerations of cost gible cost of repairing, restoring, recon- in subparagraph (B)(i); and effectiveness, convenience to the individuals structing, or replacing a public facility or ‘‘(ii) the ceiling and floor percentages re- and households, and such other factors as the private nonprofit facility— ferred to in paragraph (2). President may consider appropriate. ‘‘(i) on the basis of the design of the facil- ‘‘(D) REVIEW BY PRESIDENT.—Not later than ‘‘(B) MULTIPLE TYPES OF ASSISTANCE.—One ity as the facility existed immediately be- 2 years after the date of promulgation of reg- or more types of housing assistance may be fore the major disaster; and ulations under subparagraph (C) and periodi- made available under this section, based on ‘‘(ii) in conformity with codes, specifica- cally thereafter, the President shall review the suitability and availability of the types tions, and standards (including floodplain the cost estimation procedures and the ceil- of assistance, to meet the needs of individ- management and hazard mitigation criteria ing and floor percentages established under uals and households in the particular dis- required by the President or under the this paragraph. aster situation. Coastal Barrier Resources Act (16 U.S.C. 3501 ‘‘(E) REPORT TO CONGRESS.—Not later than ‘‘(c) TYPES OF HOUSING ASSISTANCE.— et seq.)) applicable at the time at which the 1 year after the date of promulgation of reg- ‘‘(1) TEMPORARY HOUSING.— disaster occurred. ulations under subparagraph (C), 3 years ‘‘(A) FINANCIAL ASSISTANCE.— ‘‘(B) COST ESTIMATION PROCEDURES.— after that date, and at the end of each 2-year ‘‘(i) IN GENERAL.—The President may pro- ‘‘(i) IN GENERAL.—Subject to paragraph (2), period thereafter, the expert panel shall sub- vide financial assistance to individuals or the President shall use the cost estimation mit to Congress a report on the appropriate- households to rent alternate housing accom- procedures established under paragraph (3) ness of the cost estimation procedures. modations, existing rental units, manufac- to determine the eligible cost under this sub- ‘‘(4) SPECIAL RULE.—In any case in which tured housing, recreational vehicles, or other section. the facility being repaired, restored, recon- readily fabricated dwellings. ‘‘(ii) APPLICABILITY.—The procedures speci- structed, or replaced under this section was ‘‘(ii) AMOUNT.—The amount of assistance fied in this paragraph and paragraph (2) shall under construction on the date of the major under clause (i) shall be based on the fair apply only to projects the eligible cost of disaster, the cost of repairing, restoring, re- market rent for the accommodation provided which is equal to or greater than the amount constructing, or replacing the facility shall plus the cost of any transportation, utility specified in section 422. include, for the purposes of this section, only hookups, or unit installation not provided ‘‘(2) MODIFICATION OF ELIGIBLE COST.— those costs that, under the contract for the directly by the President.

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‘‘(B) DIRECT ASSISTANCE.— occupant who was displaced by the major dividuals and households in the State under ‘‘(i) IN GENERAL.—The President may pro- disaster. subsection (e). vide temporary housing units, acquired by ‘‘(B) SITES PROVIDED BY THE PRESIDENT.—A ‘‘(2) ACCESS TO RECORDS.—In providing as- purchase or lease, directly to individuals or readily fabricated dwelling may be located sistance to individuals and households under households who, because of a lack of avail- on a site provided by the President if the this section, the President shall provide for able housing resources, would be unable to President determines that such a site would the substantial and ongoing involvement of make use of the assistance provided under be more economical or accessible. the States in which the individuals and subparagraph (A). ‘‘(2) DISPOSAL OF UNITS.— households are located, including by pro- ‘‘(ii) PERIOD OF ASSISTANCE.—The President ‘‘(A) SALE TO OCCUPANTS.— viding to the States access to the electronic may not provide direct assistance under ‘‘(i) IN GENERAL.—Notwithstanding any records of individuals and households receiv- clause (i) with respect to a major disaster other provision of law, a temporary housing ing assistance under this section in order for after the end of the 18-month period begin- unit purchased under this section by the the States to make available any additional ning on the date of the declaration of the President for the purpose of housing disaster State and local assistance to the individuals major disaster by the President, except that victims may be sold directly to the indi- and households. the President may extend that period if the vidual or household who is occupying the ‘‘(g) COST SHARING.— President determines that due to extraor- unit if the individual or household lacks per- ‘‘(1) FEDERAL SHARE.—Except as provided dinary circumstances an extension would be manent housing. in paragraph (2), the Federal share of the in the public interest. ‘‘(ii) SALE PRICE.—A sale of a temporary costs eligible to be paid using assistance pro- ‘‘(iii) COLLECTION OF RENTAL CHARGES.— housing unit under clause (i) shall be at a vided under this section shall be 100 percent. After the end of the 18-month period referred price that is fair and equitable. ‘‘(2) FINANCIAL ASSISTANCE TO ADDRESS to in clause (ii), the President may charge ‘‘(iii) DEPOSIT OF PROCEEDS.—Notwith- OTHER NEEDS.—In the case of financial assist- fair market rent for each temporary housing standing any other provision of law, the pro- ance provided under subsection (e)— unit provided. ceeds of a sale under clause (i) shall be de- ‘‘(A) the Federal share shall be 75 percent; ‘‘(2) REPAIRS.— posited in the appropriate Disaster Relief and ‘‘(A) IN GENERAL.—The President may pro- Fund account. ‘‘(B) the non-Federal share shall be paid vide financial assistance for— ‘‘(iv) HAZARD AND FLOOD INSURANCE.—A from funds made available by the State. ‘‘(i) the repair of owner-occupied private sale of a temporary housing unit under ‘‘(h) MAXIMUM AMOUNT OF ASSISTANCE.— residences, utilities, and residential infra- clause (i) shall be made on the condition that ‘‘(1) IN GENERAL.—No individual or house- structure (such as a private access route) the individual or household purchasing the hold shall receive financial assistance great- damaged by a major disaster to a safe and housing unit agrees to obtain and maintain er than $25,000 under this section with re- sanitary living or functioning condition; and hazard and flood insurance on the housing spect to a single major disaster. ‘‘(ii) eligible hazard mitigation measures unit. ‘‘(2) ADJUSTMENT OF LIMIT.—The limit es- that reduce the likelihood of future damage ‘‘(v) USE OF GSA SERVICES.—The President tablished under paragraph (1) shall be ad- to such residences, utilities, or infrastruc- may use the services of the General Services justed annually to reflect changes in the ture. Administration to accomplish a sale under Consumer Price Index for All Urban Con- ELATIONSHIP TO OTHER ASSISTANCE.— ‘‘(B) R clause (i). sumers published by the Department of A recipient of assistance provided under this ‘‘(B) OTHER METHODS OF DISPOSAL.—If not Labor. paragraph shall not be required to show that disposed of under subparagraph (A), a tem- ‘‘(i) RULES AND REGULATIONS.—The Presi- the assistance can be met through other porary housing unit purchased under this dent shall prescribe rules and regulations to means, except insurance proceeds. section by the President for the purpose of carry out this section, including criteria, ‘‘(C) MAXIMUM AMOUNT OF ASSISTANCE.— housing disaster victims— standards, and procedures for determining The amount of assistance provided to a ‘‘(i) may be sold to any person; or eligibility for assistance.’’. household under this paragraph shall not ex- ‘‘(ii) may be sold, transferred, donated, or (b) CONFORMING AMENDMENT.—Section ceed $5,000, as adjusted annually to reflect otherwise made available directly to a State 502(a)(6) of the Robert T. Stafford Disaster changes in the Consumer Price Index for All or other governmental entity or to a vol- Relief and Emergency Assistance Act (42 Urban Consumers published by the Depart- U.S.C. 5192(a)(6)) is amended by striking ment of Labor. untary organization for the sole purpose of providing temporary housing to disaster vic- ‘‘temporary housing’’. ‘‘(3) REPLACEMENT.— (c) ELIMINATION OF INDIVIDUAL AND FAMILY tims in major disasters and emergencies if, ‘‘(A) IN GENERAL.—The President may pro- GRANT PROGRAMS.—Section 411 of the Robert as a condition of the sale, transfer, or dona- vide financial assistance for the replacement T. Stafford Disaster Relief and Emergency tion, the State, other governmental agency, of owner-occupied private residences dam- Assistance Act (42 U.S.C. 5178) is repealed. or voluntary organization agrees— aged by a major disaster. (d) EFFECTIVE DATE.—The amendments ‘‘(I) to comply with the nondiscrimination ‘‘(B) MAXIMUM AMOUNT OF ASSISTANCE.— made by this section take effect 18 months provisions of section 308; and The amount of assistance provided to a after the date of enactment of this Act. household under this paragraph shall not ex- ‘‘(II) to obtain and maintain hazard and flood insurance on the housing unit. SEC. 207. COMMUNITY DISASTER LOANS. ceed $10,000, as adjusted annually to reflect Section 417 of the Robert T. Stafford Dis- changes in the Consumer Price Index for All ‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS aster Relief and Emergency Assistance Act Urban Consumers published by the Depart- OTHER NEEDS.— (42 U.S.C. 5184) is amended— ment of Labor. ‘‘(1) MEDICAL, DENTAL, AND FUNERAL EX- (1) by striking ‘‘(a) The President’’ and in- ‘‘(C) APPLICABILITY OF FLOOD INSURANCE RE- PENSES.—The President, in consultation with serting the following: QUIREMENT.—With respect to assistance pro- the Governor of a State, may provide finan- ‘‘(a) IN GENERAL.—The President’’; vided under this paragraph, the President cial assistance under this section to an indi- (2) by striking ‘‘The amount’’ and inserting may not waive any provision of Federal law vidual or household in the State who is ad- the following: requiring the purchase of flood insurance as versely affected by a major disaster to meet ‘‘(b) AMOUNT.—The amount’’; a condition of the receipt of Federal disaster disaster-related medical, dental, and funeral (3) by striking ‘‘Repayment’’ and inserting assistance. expenses. the following: ‘‘(4) PERMANENT HOUSING CONSTRUCTION.— ‘‘(2) PERSONAL PROPERTY, TRANSPORTATION, ‘‘(c) REPAYMENT.— The President may provide financial assist- AND OTHER EXPENSES.—The President, in con- ‘‘(1) CANCELLATION.—Repayment’’; ance or direct assistance to individuals or sultation with the Governor of a State, may (4) by striking ‘‘(b) Any loans’’ and insert- households to construct permanent housing provide financial assistance under this sec- ing the following: in insular areas outside the continental tion to an individual or household described ‘‘(d) EFFECT ON OTHER ASSISTANCE.—Any United States and in other remote locations in paragraph (1) to address personal prop- loans’’; in cases in which— erty, transportation, and other necessary ex- (5) in subsection (b) (as designated by para- ‘‘(A) no alternative housing resources are penses or serious needs resulting from the graph (2))— available; and major disaster. (A) by striking ‘‘and shall’’ and inserting ‘‘(B) the types of temporary housing assist- ‘‘(f) STATE ROLE.— ‘‘shall’’; and ance described in paragraph (1) are unavail- ‘‘(1) FINANCIAL ASSISTANCE TO ADDRESS (B) by inserting before the period at the able, infeasible, or not cost-effective. OTHER NEEDS.— end the following: ‘‘, and shall not exceed ‘‘(d) TERMS AND CONDITIONS RELATING TO ‘‘(A) GRANT TO STATE.—Subject to sub- $5,000,000’’; and HOUSING ASSISTANCE.— section (g), a Governor may request a grant (6) in subsection (c) (as designated by para- ‘‘(1) SITES.— from the President to provide financial as- graph (3)), by adding at the end the fol- ‘‘(A) IN GENERAL.—Any readily fabricated sistance to individuals and households in the lowing: dwelling provided under this section shall, State under subsection (e). ‘‘(2) CONDITION ON CONTINUING ELIGIBILITY.— whenever practicable, be located on a site ‘‘(B) ADMINISTRATIVE COSTS.—A State that A local government shall not be eligible for that— receives a grant under subparagraph (A) may further assistance under this section during ‘‘(i) is complete with utilities; and expend not more than 5 percent of the any period in which the local government is ‘‘(ii) is provided by the State or local gov- amount of the grant for the administrative in arrears with respect to a required repay- ernment, by the owner of the site, or by the costs of providing financial assistance to in- ment of a loan under this section.’’.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.136 pfrm04 PsN: S05PT2 S9974 CONGRESSIONAL RECORD — SENATE October 5, 2000 SEC. 208. REPORT ON STATE MANAGEMENT OF may use the authority provided under sec- forming official duties of the Agency in an SMALL DISASTERS INITIATIVE. tion 403. area, if those official duties— Not later than 3 years after the date of en- ‘‘(d) RULES AND REGULATIONS.—The Presi- ‘‘(i) are related to a major disaster or actment of this Act, the President shall sub- dent shall prescribe such rules and regula- emergency that has been, or is later, de- mit to Congress a report describing the re- tions as are necessary to carry out this sec- clared to exist with respect to the area under sults of the State Management of Small Dis- tion.’’. the Robert T. Stafford Disaster Relief and asters Initiative, including— (b) EFFECTIVE DATE.—The amendment Emergency Assistance Act (42 U.S.C. 5121 et (1) identification of any administrative or made by subsection (a) takes effect 1 year seq.); and financial benefits of the initiative; and after the date of enactment of this Act. ‘‘(ii) are determined by the Director of the (2) recommendations concerning the condi- SEC. 304. DISASTER GRANT CLOSEOUT PROCE- Federal Emergency Management Agency to tions, if any, under which States should be DURES. be hazardous duties; or allowed the option to administer parts of the Title VII of the Robert T. Stafford Disaster ‘‘(C) an employee of a State, local, or tribal assistance program under section 406 of the Relief and Emergency Assistance Act (42 emergency management or civil defense Robert T. Stafford Disaster Relief and Emer- U.S.C. 5101 et seq.) is amended by adding at agency who is performing official duties in gency Assistance Act (42 U.S.C. 5172). the end the following: cooperation with the Federal Emergency SEC. 209. STUDY REGARDING COST REDUCTION. ‘‘SEC. 705. DISASTER GRANT CLOSEOUT PROCE- Management Agency in an area, if those offi- Not later than 3 years after the date of en- DURES. cial duties— actment of this Act, the Director of the Con- ‘‘(a) STATUTE OF LIMITATIONS.— ‘‘(i) are related to a major disaster or gressional Budget Office shall complete a ‘‘(1) IN GENERAL.—Except as provided in emergency that has been, or is later, de- study estimating the reduction in Federal paragraph (2), no administrative action to clared to exist with respect to the area under disaster assistance that has resulted and is recover any payment made to a State or the Robert T. Stafford Disaster Relief and likely to result from the enactment of this local government for disaster or emergency Emergency Assistance Act (42 U.S.C. 5121 et Act. assistance under this Act shall be initiated seq.); and TITLE III—MISCELLANEOUS in any forum after the date that is 3 years ‘‘(ii) are determined by the head of the SEC. 301. TECHNICAL CORRECTION OF SHORT after the date of transmission of the final ex- agency to be hazardous duties.’’. TITLE. penditure report for the disaster or emer- (b) EFFECTIVE DATE.—The amendment The first section of the Robert T. Stafford gency. made by subsection (a) applies only to em- Disaster Relief and Emergency Assistance ‘‘(2) FRAUD EXCEPTION.—The limitation ployees described in subparagraphs (B) and Act (42 U.S.C. 5121 note) is amended to read under paragraph (1) shall apply unless there (C) of section 1204(7) of the Omnibus Crime as follows: is evidence of civil or criminal fraud. Control and Safe Streets Act of 1968 (as ‘‘SECTION 1. SHORT TITLE. ‘‘(b) REBUTTAL OF PRESUMPTION OF RECORD amended by subsection (a)) who are injured ‘‘This Act may be cited as the ‘Robert T. MAINTENANCE.— or who die in the line of duty on or after the Stafford Disaster Relief and Emergency As- ‘‘(1) IN GENERAL.—In any dispute arising date of enactment of this Act. sistance Act’.’’. under this section after the date that is 3 SEC. 306. BUY AMERICAN. SEC. 302. DEFINITIONS. years after the date of transmission of the (a) COMPLIANCE WITH BUY AMERICAN ACT.— Section 102 of the Robert T. Stafford Dis- final expenditure report for the disaster or No funds authorized to be appropriated under aster Relief and Emergency Assistance Act emergency, there shall be a presumption this Act or any amendment made by this Act (42 U.S.C. 5122) is amended— that accounting records were maintained may be expended by an entity unless the en- (1) in each of paragraphs (3) and (4), by that adequately identify the source and ap- tity, in expending the funds, complies with striking ‘‘the Northern’’ and all that follows plication of funds provided for financially as- the Buy American Act (41 U.S.C. 10a et seq.). through ‘‘Pacific Islands’’ and inserting ‘‘and sisted activities. (b) DEBARMENT OF PERSONS CONVICTED OF the Commonwealth of the Northern Mariana ‘‘(2) AFFIRMATIVE EVIDENCE.—The presump- FRAUDULENT USE OF ‘‘MADE IN AMERICA’’ LA- Islands’’; tion described in paragraph (1) may be rebut- BELS.— (2) by striking paragraph (6) and inserting ted only on production of affirmative evi- (1) IN GENERAL.—If the Director of the Fed- the following: dence that the State or local government did eral Emergency Management Agency deter- ‘‘(6) LOCAL GOVERNMENT.—The term ‘local not maintain documentation described in mines that a person has been convicted of in- government’ means— that paragraph. tentionally affixing a label bearing a ‘‘Made ‘‘(A) a county, municipality, city, town, ‘‘(3) INABILITY TO PRODUCE DOCUMENTA- in America’’ inscription to any product sold township, local public authority, school dis- TION.—The inability of the Federal, State, or in or shipped to the United States that is not trict, special district, intrastate district, local government to produce source docu- made in America, the Director shall deter- council of governments (regardless of wheth- mentation supporting expenditure reports mine, not later than 90 days after deter- er the council of governments is incor- later than 3 years after the date of trans- mining that the person has been so con- porated as a nonprofit corporation under mission of the final expenditure report shall victed, whether the person should be State law), regional or interstate govern- not constitute evidence to rebut the pre- debarred from contracting under the Robert ment entity, or agency or instrumentality of sumption described in paragraph (1). T. Stafford Disaster Relief and Emergency a local government; ‘‘(4) RIGHT OF ACCESS.—The period during Assistance Act (42 U.S.C. 5121 et seq.). ‘‘(B) an Indian tribe or authorized tribal which the Federal, State, or local govern- (2) DEFINITION OF DEBAR.—In this sub- organization, or Alaska Native village or or- ment has the right to access source docu- section, the term ‘‘debar’’ has the meaning ganization; and mentation shall not be limited to the re- given the term in section 2393(c) of title 10, ‘‘(C) a rural community, unincorporated quired 3-year retention period referred to in United States Code. town or village, or other public entity, for paragraph (3), but shall last as long as the SEC. 307. TREATMENT OF CERTAIN REAL PROP- which an application for assistance is made records are maintained. ERTY. by a State or political subdivision of a ‘‘(c) BINDING NATURE OF GRANT REQUIRE- (a) IN GENERAL.—Notwithstanding the Na- State.’’; and MENTS.—A State or local government shall tional Flood Insurance Act of 1968 (42 U.S.C. (3) in paragraph (9), by inserting ‘‘irriga- not be liable for reimbursement or any other 4001 et seq.), the Flood Disaster Protection tion,’’ after ‘‘utility,’’. penalty for any payment made under this Act of 1973 (42 U.S.C. 4002 et seq.), or any SEC. 303. FIRE MANAGEMENT ASSISTANCE. Act if— other provision of law, or any flood risk zone (a) IN GENERAL.—Section 420 of the Robert ‘‘(1) the payment was authorized by an ap- identified, delineated, or established under T. Stafford Disaster Relief and Emergency proved agreement specifying the costs; any such law (by flood insurance rate map or Assistance Act (42 U.S.C. 5187) is amended to ‘‘(2) the costs were reasonable; and otherwise), the real property described in read as follows: ‘‘(3) the purpose of the grant was accom- subsection (b) shall not be considered to be, ‘‘SEC. 420. FIRE MANAGEMENT ASSISTANCE. plished.’’. or to have been, located in any area having ‘‘(a) IN GENERAL.—The President is author- SEC. 305. PUBLIC SAFETY OFFICER BENEFITS special flood hazards (including any ized to provide assistance, including grants, FOR CERTAIN FEDERAL AND STATE floodway or floodplain). equipment, supplies, and personnel, to any EMPLOYEES. (b) REAL PROPERTY.—The real property de- State or local government for the mitiga- (a) IN GENERAL.—Section 1204 of the Omni- scribed in this subsection is all land and im- tion, management, and control of any fire on bus Crime Control and Safe Streets Act of provements on the land located in the Maple public or private forest land or grassland 1968 (42 U.S.C. 3796b) is amended by striking Terrace Subdivisions in the city of Syca- that threatens such destruction as would paragraph (7) and inserting the following: more, DeKalb County, Illinois, including— constitute a major disaster. ‘‘(7) ‘public safety officer’ means— (1) Maple Terrace Phase I; ‘‘(b) COORDINATION WITH STATE AND TRIBAL ‘‘(A) an individual serving a public agency (2) Maple Terrace Phase II; DEPARTMENTS OF FORESTRY.—In providing in an official capacity, with or without com- (3) Maple Terrace Phase III Unit 1; assistance under this section, the President pensation, as a law enforcement officer, as a (4) Maple Terrace Phase III Unit 2; shall coordinate with State and tribal de- firefighter, or as a member of a rescue squad (5) Maple Terrace Phase III Unit 3; partments of forestry. or ambulance crew; (6) Maple Terrace Phase IV Unit 1; ‘‘(c) ESSENTIAL ASSISTANCE.—In providing ‘‘(B) an employee of the Federal Emer- (7) Maple Terrace Phase IV Unit 2; and assistance under this section, the President gency Management Agency who is per- (8) Maple Terrace Phase IV Unit 3.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.136 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9975 (c) REVISION OF FLOOD INSURANCE RATE LOT (1) serve as the focal point for assisting the The Public Records office will be MAPS.—As soon as practicable after the date public and industry in resolving complaints open from 8:00 a.m. until 6:00 p.m. on of enactment of this Act, the Director of the and disputes with the national laboratory or Thursday, October 26th to receive these Federal Emergency Management Agency facility regarding technology partnerships, filings. For further information, please shall revise the appropriate flood insurance patents, and technology licensing; rate lot maps of the agency to reflect the (2) promote the use of collaborative alter- do not hesitate to contact the Office of treatment under subsection (a) of the real native dispute resolution techniques such as Public Records on (202) 224–0322. property described in subsection (b). mediation to facilitate the speedy and low- f SEC. 308. STUDY OF PARTICIPATION BY INDIAN cost resolution of complaints and disputes, TRIBES IN EMERGENCY MANAGE- when appropriate; and 48 HOUR NOTIFICATIONS MENT. (3) report quarterly on the number and na- The Office of Public Records will be (a) DEFINITION OF INDIAN TRIBE.—In this ture of complaints and disputes raised, along open on three successive Saturdays and section, the term ‘‘Indian tribe’’ has the with the ombudsman’s assessment of their Sundays from 12:00 noon until 4:00 p.m. meaning given the term in section 4 of the resolution, consistent with the protection of for the purpose of accepting 48 hour no- Indian Self-Determination and Education confidential and sensitive information, to— Assistance Act (25 U.S.C. 450b). (A) the Secretary; tifications of contributions required by (b) STUDY.— (B) the Administrator for Nuclear Secu- the Federal Election Campaign Act, as (1) IN GENERAL.—The Director of the Fed- rity; amended. The dates are October 21st eral Emergency Management Agency shall (C) the Director of the Office of Dispute and 22nd, October 28th and 29th, No- conduct a study of participation by Indian Resolution of the Department of Energy; and vember 4th and 5th. All principal cam- tribes in emergency management. (D) the employees of the Department re- paign committees supporting Senate (2) REQUIRED ELEMENTS.—The study shall— sponsible for the administration of the con- (A) survey participation by Indian tribes in candidates in 2000 must notify the Sec- tract for the operation of each national lab- retary of the Senate regarding con- training, predisaster and postdisaster miti- oratory or facility that is a subject of the re- gation, disaster preparedness, and disaster port, for consideration in the administration tributions of $1,000 or more if received recovery programs at the Federal and State and review of that contract. after the 20th day, but more than 48 levels; and f hours before the day of the general (B) review and assess the capacity of In- election. The 48 hour notifications may dian tribes to participate in cost-shared PRIVILEGE OF THE FLOOR also be transmitted by facsimile ma- emergency management programs and to chine. The Office of Public Records participate in the management of the pro- Mr. WELLSTONE. Mr. President, I grams. ask unanimous consent Evan FAX number is (202) 224–1851. (3) CONSULTATION.—In conducting the Mathiason and Daniel Lopez, interns in f study, the Director shall consult with Indian my office, be granted the privilege of REGISTRATION OF MASS tribes. the floor today during Senate delibera- MAILINGS (c) REPORT.—Not later than 1 year after tions. the date of enactment of this Act, the Direc- The filing date for 2000 third quarter The PRESIDING OFFICER. Without tor shall submit a report on the study under mass mailings is October 25, 2000. If objection, it is so ordered. subsection (b) to— your office did no mass mailings during (1) the Committee on Environment and f this period, please submit a form that Public Works of the Senate; (2) the Committee on Transportation and 2000 OCTOBER QUARTERLY states ‘‘none.’’ Infrastructure of the House of Representa- REPORTS Mass mailing registrations, or nega- tives; tive reports, should be submitted to (3) the Committee on Appropriations of the The mailing and filing date of the Oc- the Senate Office of Public Records, 232 Senate; and tober Quarterly Report required by the Hart Building, Washington, D.C. 20510– (4) the Committee on Appropriations of the Federal Election Campaign Act, as 7116. House of Representatives. amended, is Sunday, October 15, 2000. The Public Records office will be All Principal Campaign Committees open from 8:00 a.m. to 6:00 p.m. on the TECHNOLOGY TRANSFER supporting Senate candidates in the filing date to accept these filings. For COMMERCIALIZATION ACT OF 1999 2000 races must file their reports with further information, please contact the the Senate Office of Public Records, 232 Public Records office at (202) 224–0322. Hart Building, Washington, D.C. 20510– f EDWARDS AMENDMENT NO. 4300 7116. You may wish to advise your cam- Mr. MACK (for Mr. EDWARDS) pro- paign committee personnel of this re- 2000 30 DAY POST-GENERAL posed an amendment to the bill (H.R. quirement. REPORTS 209) to improve the ability of Federal The Public Records will be open from The mailing and filing date of the 30 agencies to license federally owned in- 12:00 noon until 4:00 p.m. on October Day Post-General Report required by ventions; as follows: 15th to receive these filings. For fur- the Federal Election Campaign Act, as At the appropriate place, insert the fol- ther information, please do not hesi- amended, is Thursday, December 7, lowing: tate to contact the Office of Public 2000. All Principal Campaign Commit- SEC. . TECHNOLOGY PARTNERSHIPS OMBUDS- Records on (202) 224–0322. tees supporting Senate candidates in MAN. f the 2000 races must file their reports (A) APPOINTMENT OF OMBUDSMAN.—The Secretary of Energy shall direct the director with the Senate Office of Public 2000 12 DAY PRE-GENERAL Records, 232 Hart Building, Wash- of each national laboratory of the Depart- REPORTS ment of Energy, and may direct the director ington, D.C. 20510–7116. You may wish of each facility under the jurisdiction of the The filing date of the 12 Day Pre- to advise your campaign committee Department of Energy, to appoint a tech- General Report required by the Federal personnel of this requirement. nology partnership ombudsman to hear and Election Campaign Act, as amended, is The Public Records office will be help resolve complaints from outside organi- Thursday, October 26, 2000. The mailing open from 9:00 a.m. to 5:00 p.m. on De- zations regarding the policies and actions of date for the aforementioned report is cember 7th to receive these filings. For each such laboratory or facility with respect Monday, October 23, 2000, if post- to technology partnerships (including coop- further information, please do not hesi- erative research and development agree- marked by registered or certified mail. tate to contact the Office of Public ments), patents, and technology licensing. If this report is transmitted in any Records on (202) 224–0322. (b) QUALIFICATIONS.—An ombudsman ap- other manner it must be received by f pointed under subsection (a) shall be a senior the filing date. All Principal Campaign official of the national laboratory or facility Committees supporting Senate can- THE CALENDAR who is not involved in day-to-day technology didates in the 2000 races must file their Mr. MACK. Mr. President, I ask partnerships, patents, or technology licens- reports with the Senate Office of Pub- unanimous consent that the Senate ing, or, if appointed from outside the labora- tory or facility, function as such a senior of- lic Records, 232 Hart Building, Wash- now proceed to the consideration, en ficial. ington, D.C. 20510–7116. You may wish bloc, of the following reported calendar (c) DUTIES.—Each ombudsman appointed to advise your campaign committee items by the Energy Committee: Cal- under subsection (a) shall— personnel of this requirement. endar No. 636, S. 2478; Calendar No. 637,

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.136 pfrm04 PsN: S05PT2 S9976 CONGRESSIONAL RECORD — SENATE October 5, 2000 S. 2485; Calendar No. 640, H.R. 3201; Cal- States is a result of the pluralism and diver- (1) IDENTIFICATION OF SITES WITHIN CURRENT endar No. 665, S. 1670; Calendar No. 668, sity of the American population; UNITS.—The theme study shall identify ap- H.R. 2879; Calendar No. 713, H.R. 2833; (5) the success of the United States in em- propriate sites within units of the National Calendar No. 749, S. 134; Calendar No. bracing and accommodating diversity has Park System at which the peopling of Amer- strengthened the national fabric and unified ica may be interpreted. 753, S. 1972; Calendar No. 755, S. 2300; the United States in its values, institutions, (2) IDENTIFICATION OF NEW SITES.—On the Calendar No. 757, S. 2499; Calendar No. experiences, goals, and accomplishments; basis of the theme study, the Secretary shall 768, H.R. 468; Calendar No. 770, H.R. (6)(A) the National Park Service’s official recommend to Congress sites for which stud- 1695; Calendar No. 790, S. 1925; Calendar thematic framework, revised in 1996, re- ies for potential inclusion in the National No. 792, S. 2069; Calendar No. 799, H.R. sponds to the requirement of section 1209 of Park System should be authorized. 3632; Calendar No. 811, H.R. 4226; Cal- the Civil War Sites Study Act of 1990 (16 (e) CONTINUING AUTHORITY.—After the date U.S.C. 1a–5 note; Public Law 101–628), that of submission to Congress of the theme endar No. 833, H.R. 4613; Calendar No. study, the Secretary shall, on a continuing 835, H.R. 3745; Calendar No. 852, S. 2942; ‘‘the Secretary shall ensure that the full di- versity of American history and prehistory basis, as appropriate to interpret the peo- Calendar No. 854, S. 3000; Calendar No. are represented’’ in the identification and in- pling of America— 886, S. 2749; Calendar No. 887, S. 2865; terpretation of historic properties by the Na- (1) evaluate, identify, and designate new Calendar No. 892, H.R. 4285; Calendar tional Park Service; and national historic landmarks; and No. 897, S. 2757; Calendar No. 901, S. (B) the thematic framework recognizes (2) evaluate, identify, and recommend to 2977; Calendar No. 903, S. 2885; Calendar that ‘‘people are the primary agents of Congress sites for which studies for potential inclusion in the National Park System No. 907, H.R. 4275; Calendar No. 925, S. change’’ and establishes the theme of human population movement and change—or ‘‘peo- should be authorized. 2111; Calendar No. 928, S. 2547; Calendar (f) PUBLIC EDUCATION AND RESEARCH.— pling places’’—as a primary thematic cat- No. 931, H. Con. Res. 89; and Calendar (1) LINKAGES.— egory for interpretation and preservation; (A) ESTABLISHMENT.—On the basis of the No. 936, S. 1756. and theme study, the Secretary may identify ap- I ask unanimous consent that any (7) although there are approximately 70,000 propriate means for establishing linkages— committee amendments, where appro- listings on the National Register of Historic (i) between— Places, sites associated with the exploration priate, be agreed to, the bills, as (I) regions, trails, areas, districts, commu- amended, if amended, be read a third and settlement of the United States by a nities, sites, buildings, structures, objects, time and passed, as amended, if amend- broad range of cultures are not well rep- organizations, societies, and cultures identi- ed, any title amendments be agreed to, resented. fied under subsections (b) and (d); and the resolution be agreed to, and the (b) PURPOSES.—The purposes of this Act (II) groups of people; and are— preamble be agreed to, the motion to (ii) between— (1) to foster a much-needed understanding (I) regions, areas, districts, communities, reconsider be laid upon the table, and of the diversity and contribution of the that any statements relating to any of sites, buildings, structures, objects, organi- breadth of groups who have peopled the zations, societies, and cultures identified the bills and the resolution be printed United States; and under subsection (b); and in the RECORD, with the above occur- (2) to strengthen the ability of the Na- (II) units of the National Park System ring en bloc. tional Park Service to include groups and identified under subsection (d). events otherwise not recognized in the peo- The PRESIDING OFFICER (Mr. BEN- (B) PURPOSE.—The purpose of the linkages pling of the United States. NETT). Without objection, it is so or- shall be to maximize opportunities for public dered. SEC. 3. DEFINITIONS. education and scholarly research on the peo- In this Act: pling of America. f (1) SECRETARY.—The term ‘‘Secretary’’ (2) COOPERATIVE ARRANGEMENTS.—On the PEOPLING OF AMERICA THEME means the Secretary of the Interior. basis of the theme study, the Secretary STUDY ACT (2) THEME STUDY.—The term ‘‘theme shall, subject to the availability of funds, study’’ means the national historic land- enter into cooperative arrangements with The Senate proceeded to consider the mark theme study required under section 4. State and local governments, educational in- bill (S. 2478) to require the Secretary of (3) PEOPLING OF AMERICA.—The term ‘peo- stitutions, local historical organizations, the Interior to conduct a theme study pling of America’’ means the migration to and communities, and other appropriate entities on the peopling of America, and for within, and the settlement of, the United States. to preserve and interpret key sites in the other purposes, which had been re- SEC. 4. THEME STUDY. peopling of America. (3) EDUCATIONAL INITIATIVES.— ported by the Committee on Energy (a) IN GENERAL.—The Secretary shall pre- pare and submit to Congress a national his- (A) IN GENERAL.—The documentation in and Natural Resources with amend- toric landmark theme study on the peopling the theme study shall be used for broad edu- ments as follows: of America. cational initiatives such as— (Omit the parts in black brackets and in- (b) PURPOSE.—The purpose of the theme (i) popular publications; sert the parts printed in italic.) study shall be to identify regions, areas, (ii) curriculum material such as the Teach- S. 2478 trails, districts, communities, sites, build- ing with Historic Places program; ings, structures, objects, organizations, soci- (iii) heritage tourism products such as the Be it enacted by the Senate and House of Rep- eties, and cultures that— National Register of Historic Places Travel resentatives of the United States of America in (1) best illustrate and commemorate key Itineraries program; and Congress assembled, events or decisions affecting the peopling of (iv) oral history and ethnographic pro- SECTION 1. SHORT TITLE. America; and grams. This Act may be cited as the ‘‘Peopling of (2) can provide a basis for the preservation (B) COOPERATIVE PROGRAMS.—On the basis America Theme Study Act’’. and interpretation of the peopling of Amer- of the theme study, the Secretary shall im- SEC. 2. FINDINGS AND PURPOSES. ica that has shaped the culture and society plement cooperative programs to encourage (a) FINDINGS.—Congress finds that— of the United States. the preservation and interpretation of the (1) an important facet of the history of the (c) IDENTIFICATION AND DESIGNATION OF PO- peopling of America. United States is the story of how the United TENTIAL NEW NATIONAL HISTORIC LAND- SEC. 5. COOPERATIVE AGREEMENTS. States was populated; MARKS.— The Secretary may enter into cooperative (2) the migration, immigration, and settle- (1) IN GENERAL.—The theme study shall agreements with educational institutions, ment of the population of the United identify and recommend for designation new professional associations, or other entities States— national historic landmarks. knowledgeable about the peopling of (A) is broadly termed the ‘‘peopling of (2) LIST OF APPROPRIATE SITES.—The theme America— America’’; and study shall— (1) to prepare the theme study; (B) is characterized by— (A) include a list in order of importance or (2) to ensure that the theme study is pre- (i) the movement of groups of people across merit of the most appropriate sites for na- pared in accordance with generally accepted external and internal boundaries of the tional historic landmark designation; and scholarly standards; and United States and territories of the United (B) encourage the nomination of other (3) to promote cooperative arrangements States; and properties to the National Register of His- and programs relating to the peopling of (ii) the interactions of those groups with toric øPlaces by assisting members of the America. each other and with other populations; public in evaluating sites within their com- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (3) each of those groups has made unique, munities and in surrounding areas.¿ Places. There are authorized to be appropriated important contributions to American his- (3) DESIGNATION.—On the basis of the such sums as are necessary to carry out this tory, culture, art, and life; theme study, the Secretary shall designate Act. (4) the spiritual, intellectual, cultural, po- new national historic landmarks. The committee amendments were litical, and economic vitality of the United (d) NATIONAL PARK SYSTEM.— agreed to.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.187 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9977 The bill (S. 2478), as amended, was toric landmark theme study on the peopling (i) popular publications; read the third time and passed, as fol- of America. (ii) curriculum material such as the Teach- lows: (b) PURPOSE.—The purpose of the theme ing with Historic Places program; study shall be to identify regions, areas, (iii) heritage tourism products such as the S. 2478 trails, districts, communities, sites, build- National Register of Historic Places Travel Be it enacted by the Senate and House of Rep- ings, structures, objects, organizations, soci- Itineraries program; and resentatives of the United States of America in eties, and cultures that— (iv) oral history and ethnographic pro- Congress assembled, (1) best illustrate and commemorate key grams. SECTION 1. SHORT TITLE. events or decisions affecting the peopling of (B) COOPERATIVE PROGRAMS.—On the basis This Act may be cited as the ‘‘Peopling of America; and of the theme study, the Secretary shall im- America Theme Study Act’’. (2) can provide a basis for the preservation plement cooperative programs to encourage SEC. 2. FINDINGS AND PURPOSES. and interpretation of the peopling of Amer- the preservation and interpretation of the (a) FINDINGS.—Congress finds that— ica that has shaped the culture and society peopling of America. (1) an important facet of the history of the of the United States. SEC. 5. COOPERATIVE AGREEMENTS. United States is the story of how the United (c) IDENTIFICATION AND DESIGNATION OF PO- The Secretary may enter into cooperative TENTIAL NEW NATIONAL HISTORIC LAND- States was populated; agreements with educational institutions, MARKS.— (2) the migration, immigration, and settle- professional associations, or other entities (1) IN GENERAL.—The theme study shall ment of the population of the United knowledgeable about the peopling of identify and recommend for designation new States— America— national historic landmarks. (A) is broadly termed the ‘‘peopling of (1) to prepare the theme study; (2) LIST OF APPROPRIATE SITES.—The theme America’’; and (2) to ensure that the theme study is pre- study shall— (B) is characterized by— pared in accordance with generally accepted (A) include a list in order of importance or (i) the movement of groups of people across scholarly standards; and merit of the most appropriate sites for na- external and internal boundaries of the (3) to promote cooperative arrangements tional historic landmark designation; and United States and territories of the United and programs relating to the peopling of (B) encourage the nomination of other States; and America. (ii) the interactions of those groups with properties to the National Register of His- toric Places. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. each other and with other populations; There are authorized to be appropriated (3) each of those groups has made unique, (3) DESIGNATION.—On the basis of the theme study, the Secretary shall designate such sums as are necessary to carry out this important contributions to American his- Act. tory, culture, art, and life; new national historic landmarks. (d) NATIONAL PARK SYSTEM.— f (4) the spiritual, intellectual, cultural, po- (1) IDENTIFICATION OF SITES WITHIN CURRENT litical, and economic vitality of the United SAINT CROIX ISLAND HERITAGE UNITS.—The theme study shall identify ap- States is a result of the pluralism and diver- propriate sites within units of the National ACT sity of the American population; Park System at which the peopling of Amer- (5) the success of the United States in em- The Senate proceeded to consider the ica may be interpreted. bracing and accommodating diversity has bill (S. 2485) to require the Secretary of (2) IDENTIFICATION OF NEW SITES.—On the strengthened the national fabric and unified the Interior to provide assistance in basis of the theme study, the Secretary shall the United States in its values, institutions, planning and constructing a regional recommend to Congress sites for which stud- experiences, goals, and accomplishments; ies for potential inclusion in the National heritage center in Calais, Maine, which (6)(A) the National Park Service’s official Park System should be authorized. had been reported by the Committee on thematic framework, revised in 1996, re- (e) CONTINUING AUTHORITY.—After the date Energy and Natural Resources with an sponds to the requirement of section 1209 of of submission to Congress of the theme amendment. the Civil War Sites Study Act of 1990 (16 study, the Secretary shall, on a continuing (Omit the past in black brackets and U.S.C. 1a–5 note; Public Law 101–628), that basis, as appropriate to interpret the peo- insert the part printed in italic.) ‘‘the Secretary shall ensure that the full di- pling of America— S. 2485 versity of American history and prehistory (1) evaluate, identify, and designate new are represented’’ in the identification and in- national historic landmarks; and Be it enacted by the Senate and House of Rep- terpretation of historic properties by the Na- (2) evaluate, identify, and recommend to resentatives of the United States of America in tional Park Service; and Congress sites for which studies for potential Congress assembled, (B) the thematic framework recognizes inclusion in the National Park System SECTION 1. SHORT TITLE. that ‘‘people are the primary agents of should be authorized. This Act may be cited as the ‘‘Saint Croix change’’ and establishes the theme of human (f) PUBLIC EDUCATION AND RESEARCH.— Island Heritage Act’’. population movement and change—or ‘‘peo- (1) LINKAGES.— SEC. 2. FINDINGS AND PURPOSES. pling places’’—as a primary thematic cat- (A) ESTABLISHMENT.—On the basis of the (a) FINDINGS.—Congress finds that— egory for interpretation and preservation; theme study, the Secretary may identify ap- (1) Saint Croix Island is located in the and propriate means for establishing linkages— Saint Croix River, a river that is the bound- (7) although there are approximately 70,000 (i) between— ary between the State of Maine and Canada; listings on the National Register of Historic (I) regions, areas, trails, districts, commu- (2) the Island is the only international his- Places, sites associated with the exploration nities, sites, buildings, structures, objects, toric site in the National Park System; and settlement of the United States by a organizations, societies, and cultures identi- (3) in 1604, French nobleman Pierre Dugua broad range of cultures are not well rep- fied under subsections (b) and (d); and Sieur de Mons, accompanied by a courageous resented. (II) groups of people; and group of adventurers that included Samuel (b) PURPOSES.—The purposes of this Act (ii) between— Champlain, landed on the Island and began are— (I) regions, areas, districts, communities, the construction of a settlement; (1) to foster a much-needed understanding sites, buildings, structures, objects, organi- (4) the French settlement on the Island in of the diversity and contribution of the zations, societies, and cultures identified 1604 and 1605 was the initial site of the first breadth of groups who have peopled the under subsection (b); and permanent settlement in the New World, pre- United States; and (II) units of the National Park System dating the English settlement of 1607 at (2) to strengthen the ability of the Na- identified under subsection (d). Jamestown, Virginia; tional Park Service to include groups and (B) PURPOSE.—The purpose of the linkages (5) many people view the expedition that events otherwise not recognized in the peo- shall be to maximize opportunities for public settled on the Island in 1604 as the beginning pling of the United States. education and scholarly research on the peo- of the Acadian culture in North America; SEC. 3. DEFINITIONS. pling of America. (6) in October, 1998, the National Park In this Act: (2) COOPERATIVE ARRANGEMENTS.—On the Service completed a general management (1) SECRETARY.—The term ‘‘Secretary’’ basis of the theme study, the Secretary plan to manage and interpret the Saint Croix means the Secretary of the Interior. shall, subject to the availability of funds, Island International Historic Site; (2) THEME STUDY.—The term ‘‘theme enter into cooperative arrangements with (7) the plan addresses a variety of manage- study’’ means the national historic land- State and local governments, educational in- ment alternatives, and concludes that the mark theme study required under section 4. stitutions, local historical organizations, best management strategy entails devel- (3) PEOPLING OF AMERICA.—The term ‘‘peo- communities, and other appropriate entities oping an interpretive trail and ranger sta- pling of America’’ means the migration to to preserve and interpret key sites in the tion at Red Beach, Maine, and a regional and within, and the settlement of, the peopling of America. heritage center in downtown Calais, Maine, United States. (3) EDUCATIONAL INITIATIVES.— in cooperation with Federal, State, and local SEC. 4. THEME STUDY. (A) IN GENERAL.—The documentation in agencies; (a) IN GENERAL.—The Secretary shall pre- the theme study shall be used for broad edu- (8) a 1982 memorandum of understanding, pare and submit to Congress a national his- cational initiatives such as— signed by the Department of the Interior and

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.188 pfrm04 PsN: S05PT2 S9978 CONGRESSIONAL RECORD — SENATE October 5, 2000 the Canadian Department for the Environ- SEC. 2. FINDINGS AND PURPOSES. in exchange for space in the center that is ment, outlines a cooperative program to (a) FINDINGS.—Congress finds that— sufficient to interpret the Saint Croix Island commemorate the international heritage of (1) Saint Croix Island is located in the International Historic Site; and the Saint Croix Island site and specifically Saint Croix River, a river that is the bound- (4) to assist with the operation and mainte- to prepare for the 400th anniversary of the ary between the State of Maine and Canada; nance of the regional heritage center. settlement in 2004; and (2) the Island is the only international his- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (9) only 4 years remain before the 400th an- toric site in the National Park System; (a) DESIGN AND CONSTRUCTION.— niversary of the settlement at Saint Croix (3) in 1604, French nobleman Pierre Dugua (1) IN GENERAL.—There is authorized to be Island, an occasion that should be appro- Sieur de Mons, accompanied by a courageous appropriated to carry out this Act (including priately commemorated. group of adventurers that included Samuel the design and construction of the regional (b) PURPOSE.—The purpose of this Act is to Champlain, landed on the Island and began heritage center) $2,000,000. direct the Secretary of the Interior to take the construction of a settlement; (2) EXPENDITURE.—Paragraph (1) authorizes all necessary and appropriate steps to work (4) the French settlement on the Island in funds to be appropriated on the condition with Federal, State, and local agencies, his- 1604 and 1605 was the initial site of the first that any expenditure of those funds shall be torical societies, and nonprofit organizations permanent settlement in the New World, pre- matched on a dollar-for-dollar basis by funds to facilitate the development of a regional dating the English settlement of 1607 at from non-Federal sources. heritage center in downtown Calais, Maine Jamestown, Virginia; (b) OPERATION AND MAINTENANCE.—There before the 400th anniversary of the settle- (5) many people view the expedition that are authorized to be appropriated such sums ment of Saint Croix Island. settled on the Island in 1604 as the beginning as are necessary to maintain and operate in- SEC. 3. DEFINITIONS. of the Acadian culture in North America; terpretive exhibits in the regional heritage In this Act: (6) in October, 1998, the National Park center. (1) ISLAND.—The term ‘‘Island’’ means Service completed a general management f Saint Croix Island, located in the Saint plan to manage and interpret the Saint Croix Croix River, between Canada and the State Island International Historic Site; CARTER G. WOODSON HOME NA- of Maine. (7) the plan addresses a variety of manage- TIONAL HISTORIC SITE STUDY (2) SECRETARY.—The term ‘‘Secretary’’ ment alternatives, and concludes that the ACT OF 2000 means the Secretary of the Interior, acting best management strategy entails devel- through the Director of the National Park oping an interpretive trail and ranger sta- The Senate proceeded to consider the Service. tion at Red Beach, Maine, and a regional bill (H.R. 3201) to authorize the Sec- SEC. 4. SAINT CROIX ISLAND REGIONAL HERIT- heritage center in downtown Calais, Maine, retary of the Interior to study the suit- AGE CENTER. in cooperation with Federal, State, and local ability and feasibility of designating (a) IN GENERAL.—The Secretary shall pro- agencies; the Carter G. Woodson Home in the vide assistance in planning, constructing, (8) a 1982 memorandum of understanding, District of Columbia as a National His- and operating a regional heritage center in signed by the Department of the Interior and downtown Calais, Maine, to facilitate the the Canadian Department for the Environ- toric Site, and for other purposes. management and interpretation of the Saint ment, outlines a cooperative program to The bill (H.R. 3201) was read the third Croix Island International Historic Site. commemorate the international heritage of time and passed. (b) COOPERATIVE AGREEMENTS.—To carry the Saint Croix Island site and specifically f out subsection (a), in administering the to prepare for the 400th anniversary of the Saint Croix Island International Historic settlement in 2004; and FORT MATANZAS NATIONAL Site, the Secretary may enter into coopera- (9) only 4 years remain before the 400th an- MONUMENT tive agreements under appropriate terms and niversary of the settlement at Saint Croix conditions øwith State and local agencies¿ The Senate proceeded to consider the Island, an occasion that should be appro- bill (S. 1670) to revise the boundary of with other Federal agencies, State and local priately commemorated. agencies and nonprofit organizations— (b) PURPOSE.—The purpose of this Act is to Fort Matanzas National Monument, (1) to provide exhibits, interpretive serv- direct the Secretary of the Interior to take and for other purposes. ices (including employing individuals to pro- all necessary and appropriate steps to work The bill (S. 1670) was read the third vide such services), and technical assistance; with Federal, State, and local agencies, his- time and passed, as follows: (2) to conduct activities that facilitate the torical societies, and nonprofit organizations S. 1670 dissemination of information relating to the to facilitate the development of a regional Saint Croix Island International Historic heritage center in downtown Calais, Maine Be it enacted by the Senate and House of Rep- Site; before the 400th anniversary of the settle- resentatives of the United States of America in (3) to provide financial assistance for the ment of Saint Croix Island. Congress assembled, construction of the regional heritage center SEC. 3. DEFINITIONS. SECTION 1. DEFINITIONS. in exchange for space in the center that is In this Act: In this Act: sufficient to interpret the Saint Croix Island (1) ISLAND.—The term ‘‘Island’’ means (1) MAP.—The term ‘‘Map’’ means the map International Historic Site; and Saint Croix Island, located in the Saint entitled ‘‘Fort Matanzas National Monu- (4) to assist with the operation and mainte- Croix River, between Canada and the State ment’’, numbered 347/80,004 and dated Feb- nance of the regional heritage center. of Maine. ruary, 1991. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (2) SECRETARY.—The term ‘‘Secretary’’ (2) MONUMENT.—The term ‘‘Monument’’ (a) DESIGN AND CONSTRUCTION.— means the Secretary of the Interior, acting means the Fort Matanzas National Monu- (1) IN GENERAL.—There is authorized to be through the Director of the National Park ment in Florida. appropriated to carry out this Act (including Service. (3) SECRETARY.—The term ‘‘Secretary’’ the design and construction of the regional SEC. 4. SAINT CROIX ISLAND REGIONAL HERIT- means the Secretary of the Interior. heritage center) $2,000,000. AGE CENTER. SEC. 2. REVISION OF BOUNDARY. (2) EXPENDITURE.—Paragraph (1) authorizes (a) IN GENERAL.—The Secretary shall pro- (a) IN GENERAL.—The boundary of the funds to be appropriated on the condition vide assistance in planning, constructing, Monument is revised to include an area to- that any expenditure of those funds shall be and operating a regional heritage center in taling approximately 70 acres, as generally matched on a dollar-for-dollar basis by funds downtown Calais, Maine, to facilitate the depicted on the Map. from non-Federal sources. management and interpretation of the Saint (b) AVAILABILITY OF MAP.—The Map shall (b) OPERATION AND MAINTENANCE.—There Croix Island International Historic Site. be on file and available for public inspection are authorized to be appropriated such sums (b) COOPERATIVE AGREEMENTS.—To carry in the office of the Director of the National out subsection (a), in administering the as are necessary to maintain and operate in- Park Service. terpretive exhibits in the regional heritage Saint Croix Island International Historic SEC. 3. ACQUISITION OF ADDITIONAL LAND. center. Site, the Secretary may enter into coopera- The committee amendment was tive agreements under appropriate terms and The Secretary may acquire any land, water, or interests in land that are located agreed to. conditions with other Federal agencies, State and local agencies and nonprofit within the revised boundary of the Monu- The bill (S. 2485), as amended, was ment by— read the third time and passed, as fol- organizations— (1) to provide exhibits, interpretive serv- (1) donation; lows: ices (including employing individuals to pro- (2) purchase with donated or appropriated S. 2485 vide such services), and technical assistance; funds; Be it enacted by the Senate and House of Rep- (2) to conduct activities that facilitate the (3) transfer from any other Federal agency; resentatives of the United States of America in dissemination of information relating to the or Congress assembled, Saint Croix Island International Historic (4) exchange. SECTION 1. SHORT TITLE. Site; SEC. 4. ADMINISTRATION. This Act may be cited as the ‘‘Saint Croix (3) to provide financial assistance for the Subject to applicable laws, all land and in- Island Heritage Act’’. construction of the regional heritage center terests in land held by the United States

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.146 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9979

that are included in the revised boundary (2) the State of Wisconsin is particularly heading ‘‘CLEAN COAL TECHNOLOGY’’ under the under section 2 shall be administered by the indebted to former Senator Gaylord Nelson heading ‘‘DEPARTMENT OF ENERGY’’ Secretary as part of the Monument. for his leadership in the creation of the under section 101(e) of division A of Public SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Lakeshore; Law 105–277— There are authorized to be appropriated (3) after more than 28 years of enjoyment, ø(A) $5,000,000 shall not be available until such sums as are necessary to carry out this some issues critical to maintaining the over- October 1, 2000; and Act. all ecological, recreational, and cultural vi- ø(B) $5,000,000 shall not be available until sion of the Lakeshore need additional atten- October 1, 2001. f tion; ø(2) ONGOING PROJECTS.—Funds made avail- ‘‘I HAVE A DREAM’’ PLAQUE ACT (4) the general management planning proc- able in previous appropriations Acts shall be ess for the Lakeshore has identified a need available for any ongoing project regardless The Senate proceeded to consider the for a formal wilderness study; of the separate request for proposal under bill (H.R. 2879) to provide for the place- (5) all land within the Lakeshore that which the project was selected. ment at the Lincoln Memorial of a might be suitable for designation as wilder- ø(3) TRANSFER OF FUNDS.—In addition to plaque commemorating the speech of ness are zoned and managed to protect wil- any amounts made available under sub- Martin Luther King, Jr., known as the derness characteristics pending completion section (f), amounts made available under of such a study; paragraph (1) shall be transferred to the Sec- ‘‘I Have a Dream’’ speech, which had (6) several historic lighthouses within the retary for use in carrying out subsections (c) been reported from the Committee on Lakeshore are in danger of structural dam- and (d). Energy and Natural Resources, with an age due to severe erosion; ø(4) UNEXPECTED BALANCE.—Any balance of amendment to strike all after the en- (7) the Secretary of the Interior has been funds transferred under paragraph (3) that acting clause and insert the part print- unable to take full advantage of cooperative remain unexpended at the end of fiscal year ed in italic. agreements with Federal, State, local, and 1999 shall be returned to the Treasury.¿ tribal governmental agencies, institutions of SECTION 1. PLACEMENT OF PLAQUE AT LINCOLN The committee amendment was MEMORIAL. higher education, and other nonprofit orga- agreed to. nizations that could assist the National Park (a) PLACEMENT OF PLAQUE.— The bill (S. 134), as amended, was Service by contributing to the management (1) IN GENERAL.—The Secretary of the Interior of the Lakeshore; read the third time and passed, as fol- shall install in the area of the Lincoln Memorial lows: in the District of Columbia a suitable plaque to (8) because of competing needs in other S. 134 commemorate the speech of Martin Luther King, units of the National Park System, the Jr., known as the ‘‘I Have A Dream’’ speech. standard authorizing and budgetary process Be it enacted by the Senate and House of Rep- has not resulted in updated legislative au- (2) RELATION TO COMMEMORATIVE WORKS resentatives of the United States of America in thority and necessary funding for improve- ACT.—The Commemorative Works Act (40 U.S.C. Congress assembled, 1001 et seq.) shall apply to the design and place- ments to the Lakeshore; and SECTION 1. SHORT TITLE. ment of the plaque within the area of the Lin- (9) the need for improvements to the Lake- This Act may be cited as the ‘‘Gaylord Nel- coln Memorial. shore and completion of a wilderness study son Apostle Islands Stewardship Act of 2000’’. should be accorded a high priority among (b) ACCEPTANCE OF CONTRIBUTIONS.— SEC. 2. GAYLORD NELSON APOSTLE ISLANDS. National Park Service activities. (1) IN GENERAL.—The Secretary of the Interior (a) DECLARATIONS.—Congress declares is authorized to accept and expand contribu- (b) DEFINITIONS.—In this section: that— tions toward the cost of preparing and installing (1) LAKESHORE.—The term ‘‘Lakeshore’’ (1) the Apostle Islands National Lakeshore the plaque, without further appropriation. Fed- means the Apostle Islands National Lake- is a national and a Wisconsin treasure; eral funds may be used to design, procure, or in- shore. (2) the State of Wisconsin is particularly stall the plaque. (2) SECRETARY.—The term ‘‘Secretary’’ indebted to former Senator Gaylord Nelson The committee amendment in the means the Secretary of the Interior, acting for his leadership in the creation of the through the Director of the National Park Lakeshore; nature of a substitute was agreed to. Service. The bill (H.R. 2879), as amended, was (3) after more than 28 years of enjoyment, (c) WILDERNESS STUDY.—In fulfillment of some issues critical to maintaining the over- read the third time and passed. the responsibilities of the Secretary under all ecological, recreational, and cultural vi- f the Wilderness Act (16 U.S.C. 1131 et seq.) sion of the Lakeshore need additional atten- and of applicable agency policy, the Sec- tion; YUMA CROSSING NATIONAL retary shall evaluate areas of land within (4) the general management planning proc- HERITAGE AREA ACT OF 2000 the Lakeshore for inclusion in the National ess for the Lakeshore has identified a need Wilderness System. The Senate proceeded to consider the for a formal wilderness study; (d) APOSTLE ISLANDS LIGHTHOUSES.—The (5) all land within the Lakeshore that bill (H.R. 2833) to establish the Yuma Secretary shall undertake appropriate ac- might be suitable for designation as wilder- Crossing National Heritage Area. tion (including protection of the bluff toe be- ness are zoned and managed to protect wil- The bill (H.R. 2833) was read the third neath the lighthouses, stabilization of the derness characteristics pending completion time and passed. bank face, and dewatering of the area imme- of such a study; diately shoreward of the bluffs) to protect f (6) several historic lighthouses within the the lighthouse structures at Raspberry Lakeshore are in danger of structural dam- GAYLORD NELSON APOSTLE IS- Lighthouse and Outer Island Lighthouse on age due to severe erosion; the Lakeshore. (7) the Secretary of the Interior has been LANDS STEWARDSHIP ACT OF (e) COOPERATIVE AGREEMENTS.—Section 6 1999 unable to take full advantage of cooperative of Public Law 91–424 (16 U.S.C. 460w–5) is agreements with Federal, State, local, and The Senate proceeded to consider the amended— tribal governmental agencies, institutions of bill (S. 134) to direct the Secretary of (1) by striking ‘‘SEC. 6. The lakeshore’’ and higher education, and other nonprofit orga- the Interior to study whether the Apos- inserting the following: nizations that could assist the National Park tle Islands National Lakeshore should ‘‘SEC. 6. MANAGEMENT. Service by contributing to the management be protected as a wilderness area, ‘‘(a) IN GENERAL.—The lakeshore’’; and of the Lakeshore; (2) by adding at the end the following: (8) because of competing needs in other which had been reported from the Com- ‘‘(b) COOPERATIVE AGREEMENTS.—The Sec- units of the National Park System, the mittee on Energy and Natural Re- retary may enter into a cooperative agree- standard authorizing and budgetary process sources, with an amendment as follows: ment with a Federal, State, tribal, or local has not resulted in updated legislative au- (Omit the part in black brackets) government agency or a nonprofit private thority and necessary funding for improve- S. 134 entity if the Secretary determines that a co- ments to the Lakeshore; and operative agreement would be beneficial in (9) the need for improvements to the Lake- Be it enacted by the Senate and House of Rep- carrying out section 7.’’. shore and completion of a wilderness study resentatives of the United States of America in (f) AUTHORIZATION OF APPROPRIATIONS.— should be accorded a high priority among Congress assembled, There are authorized to be appropriated— National Park Service activities. SECTION 1. SHORT TITLE. (1) $200,000 to carry out subsection (c); and (b) DEFINITIONS.—In this section: This Act may be cited as the ‘‘Gaylord Nel- (2) $3,900,000 to carry out subsection (d). (1) LAKESHORE.—The term ‘‘Lakeshore’’ son Apostle Islands Stewardship Act of 1999’’. ø(g) FUNDING.— means the Apostle Islands National Lake- SEC. 2. GAYLORD NELSON APOSTLE ISLANDS. ø(1) IN GENERAL.—Of the funds made avail- shore. (a) DECLARATIONS.—Congress declares able under the heading ‘‘CLEAN COAL TECH- (2) SECRETARY.—The term ‘‘Secretary’’ that— NOLOGY’’ under the heading ‘‘DEPARTMENT means the Secretary of the Interior, acting (1) the Apostle Islands National Lakeshore OF ENERGY’’ for obligation in prior years, through the Director of the National Park is a national and a Wisconsin treasure; in addition to the funds deferred under the Service.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.152 pfrm04 PsN: S05PT2 S9980 CONGRESSIONAL RECORD — SENATE October 5, 2000

(c) WILDERNESS STUDY.—In fulfillment of (1) attempts to convey or otherwise trans- of additional infrastructure investments, the responsibilities of the Secretary under fer ownership of any portion of the property coal producers need certainty that sufficient the Wilderness Act (16 U.S.C. 1131 et seq.) to any other person; acreage of leasable coal will be available for and of applicable agency policy, the Sec- (2) attempts to encumber the title of the mining in the future; and retary shall evaluate areas of land within property; or (10) to maintain the vitality of the domes- the Lakeshore for inclusion in the National (3) permits the use of any portion of the tic coal industry and ensure the continued Wilderness System. property for any purpose incompatible with flow of valuable revenues to the Federal and (d) APOSTLE ISLANDS LIGHTHOUSES.—The the purpose described in subsection (a) for State governments and of energy to the Secretary shall undertake appropriate ac- which the property is conveyed. American public from coal production on tion (including protection of the bluff toe be- (d) The map referenced in subsection (b)(1) Federal land, the Mineral Leasing Act should neath the lighthouses, stabilization of the shall be on file for public inspection in the Of- be amended to increase the acreage limita- bank face, and dewatering of the area imme- fice of the Chief of the Forest Service at the De- tion for Federal coal leases. diately shoreward of the bluffs) to protect partment of Agriculture in Washington, DC. SEC. 3. COAL MINING ON FEDERAL LAND. the lighthouse structures at Raspberry The committee amendments were Section 27(a) of the Act of February 25, 1920 Lighthouse and Outer Island Lighthouse on agreed to. (30 U.S.C. 184(a)), is amended— the Lakeshore. The bill (S. 1972), as amended, was (1) by striking ‘‘(a)’’ and all that follows (e) COOPERATIVE AGREEMENTS.—Section 6 through ‘‘No person’’ and inserting ‘‘(a) COAL of Public Law 91–424 (16 U.S.C. 460w–5) is read the third time and passed, as fol- lows: LEASES.—No person’’; amended— (2) by striking ‘‘forty-six thousand and (1) by striking ‘‘SEC. 6. The lakeshore’’ and f eighty acres’’ and inserting ‘‘75,000 acres’’; inserting the following: COAL MARKET COMPETITION ACT and ‘‘SEC. 6. MANAGEMENT. (3) by striking ‘‘one hundred thousand ‘‘(a) IN GENERAL.—The lakeshore’’; and OF 2000 acres’’ each place it appears and inserting (2) by adding at the end the following: The Senate proceeded to consider the ‘‘150,000 acres’’. ‘‘(b) COOPERATIVE AGREEMENTS.—The Sec- bill (S. 2300) to amend the Mineral f retary may enter into a cooperative agree- Leasing Act to increase the maximum ment with a Federal, State, tribal, or local THE DEADLINE FOR COMMENCE- government agency or a nonprofit private acreage of Federal leases for coal that MENT OF CONSTRUCTION OF A entity if the Secretary determines that a co- may be held by an entity in any 1 HYDROELECTRIC PROJECT IN operative agreement would be beneficial in State. THE STATE OF PENNSYLVANIA carrying out section 7.’’. The bill (S. 2300) was read the third (f) AUTHORIZATION OF APPROPRIATIONS.— time and passed, as follows: The Senate proceeded to consider the There are authorized to be appropriated— S. 2300 bill (S. 2499) to extend the deadline for (1) $200,000 to carry out subsection (c); and commencement of construction of a (2) $3,900,000 to carry out subsection (d). Be it enacted by the Senate and House of Rep- resentatives of the United States of America in hydroelectric project in the State of f Congress assembled, Pennsylvania. CONVEYANCE OF JOE ROWELL SECTION 1. TITLE. The bill (S. 2499) was read the third PARK This Act may be cited as the ‘‘Coal Market time and passed, as follows: Competition Act of 2000’’. S. 2499 The Senate proceeded to consider the bill (S. 1972) to direct the Secretary of SEC. 2. FINDINGS. Be it enacted by the Senate and House of Rep- Congress finds that— resentatives of the United States of America in Agriculture to convey to the town of (1) Federal land contains commercial de- Congress assembled, Dolores, Colorado, the current site of posits of coal, the Nation’s largest deposits SECTION 1. EXTENSION OF DEADLINE AND REIN- Joe Rowell Park, which had been re- of coal being located on Federal land in STATEMENT OF LICENSE. ported from the Committee on Energy Utah, Colorado, Montana, and the Powder (a) IN GENERAL.—Notwithstanding the time and Natural Resources, with amend- River Basin of Wyoming; period specified in section 13 of the Federal ments as follows: (2) coal is mined on Federal land through Power Act (16 U.S.C. 806) that would other- (Omit the part in black brackets and insert Federal coal leases under the Act of Feb- wise apply to the Federal Energy Regulatory the part printed in italic.) ruary 25, 1920 (commonly known as the Commission project numbered 7041, the Com- ‘‘Mineral Leasing Act’’) (30 U.S.C. 181 et mission shall, at the request of the licensee S. 1972 seq.); for the project, extend the period required Be it enacted by the Senate and House of Rep- (3) the sub-bituminous coal from these for commencement of construction of the resentatives of the United States of America in mines is low in sulfur, making it the clean- project until December 31, 2001. Congress assembled, est burning coal for energy production; (b) EFFECTIVE DATE.—Subsection (a) takes SECTION 1. CONVEYANCE OF JOE ROWELL PARK. (4) the Mineral Leasing Act sets for each effect on the expiration of the period re- (a) IN GENERAL.—The Secretary of Agri- leasable mineral a limitation on the amount quired for commencement of construction of culture shall convey to the town of Dolores, of acreage of Federal leases any 1 producer the project described in subsection (a). Colorado, for no consideration, all right, may hold in any 1 State or nationally; (c) REINSTATEMENT OF EXPIRED LICENSE.— title, and interest of the United States in (5)(A) the present acreage limitation for If the license for the project described in and to the parcel of real property described Federal coal leases has been in place since subsection (a) has expired before the date of in subsection (b), for open space, park, and 1976; enactment of this Act, the Commission shall recreational purposes. (B) currently the coal lease acreage limit reinstate the license effective as of the date (b) DESCRIPTION OF PROPERTY.— of 46,080 acres per State is less than the per- of its expiration and extend the time re- (1) IN GENERAL.—The property referred to State Federal lease acreage limit for potash quired for commencement of construction as in subsection (a) is a parcel of approximately (96,000 acres) and oil and gas (246,080 acres); provided in subsection (a). 25 acres of land comprising the site of the (6) coal producers in Wyoming and Utah f Joe Rowell Park (including all improve- are operating mines on Federal leaseholds ments on the land and equipment and other that contain total acreage close to the coal SAINT HELENA ISLAND NATIONAL items of personal property as agreed to by lease acreage ceiling; SCENIC AREA ACT ø the Secretary) in section 16 (Map 1), town- (7) the same reasons that Congress cited in The Senate proceeded to consider the enacting increases for State lease acreage ship 37 north, range 15 west, NMPM, Dolores, bill (H.R. 468) to establish the Saint Colorado.¿ depicted on the map entitled ‘‘Joe caps applicable in the case of other min- Rowell Park,’’ dated July 12, 2000. erals—the advent of modern mine tech- Helena Island National Scenic Area (2) SURVEY.— nology, changes in industry economics, which had been reported from the Com- (A) IN GENERAL.—The exact acreage and greater global competition, and the need to mittee on Energy and Natural Re- legal description of the property to be con- conserve Federal resources—apply to coal; sources, with an amendment as follows: veyed under subsection (a) shall be deter- (8) existing coal mines require additional (Omit the part in black brackets and mined by a survey satisfactory to the Sec- lease acreage to avoid premature closure, insert the part printed in italic) retary. but those mines cannot relinquish mined-out H.R. 468 (B) COST.—As a condition of any convey- areas to lease new acreage because those ance under this section, the town of Dolores areas are subject to 10-year reclamation Be it enacted by the Senate and House of Rep- shall pay the cost of the survey. plans, and the reclaimed acreage is counted resentatives of the United States of America in (c) POSSIBILITY OF REVERTER.—Title to any against the State and national acreage lim- Congress assembled, real property acquired by the town of Dolo- its; SECTION 1. SHORT TITLE. res, Colorado, under this section shall revert (9) to enable them to make long-term busi- This Act may be cited as the ‘‘Saint Hel- to the United States if the town— ness decisions affecting the type and amount ena Island National Scenic Area Act’’.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.160 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9981 SEC. 2. ESTABLISHMENT OF SAINT HELENA IS- means of making public access available for the scenic area and on the mainland as pro- LAND NATIONAL SCENIC AREA, the purposes of this Act. vided in section 7. MICHIGAN. (2) ROADS.—After the date of the enact- (b) OTHER PURPOSES.—In addition to the (a) PURPOSE.—The purposes of this Act ment of this Act, no new permanent roads amounts authorized to be appropriated under are— shall be constructed within the scenic area. subsection (a), there are authorized to be ap- (1) to preserve and protect for present and (3) VEGETATION MANAGEMENT.—No timber propriated such sums as may be necessary future generations the outstanding resources harvest shall be allowed within the scenic for the development and implementation of and values of Saint Helena Island in Lake area, except as may be necessary in the con- the management plan under section 4(b). Michigan, Michigan; and trol of fire, insects, and diseases, and to pro- The committee amendment was (2) to provide for the conservation, protec- vide for public safety and trail access. Not- agreed to. tion, and enhancement of primitive recre- withstanding the foregoing, the Secretary The bill (H.R. 468), as amended, was ation opportunities, fish and wildlife habitat, may engage in vegetation manipulation read the third time and passed. vegetation, and historical and cultural re- practices for maintenance of wildlife habitat f sources of the island. and visual quality. Trees cut for these pur- (b) ESTABLISHMENT.—For the purposes de- poses may be utilized, salvaged, or removed IVANAPAH VALLEY AIRPORT scribed in subsection (a), there shall be es- from the scenic area as authorized by the PUBLIC LANDS TRANSFER ACT tablished the Saint Helena Island National Secretary. Scenic Area (in this Act referred to as the (4) MOTORIZED TRAVEL.—Motorized travel The Senate proceeded to consider the ‘‘scenic area’’). shall not be permitted within the scenic bill (H.R. 1695) to provide for the con- (c) EFFECTIVE UPON CONVEYANCE.—Sub- area, except on the waters of Lake Michigan, veyance of certain Federal public lands section (b) shall be effective upon convey- and as necessary for administrative use in in the Ivanapah Valley, Nevada, to ance of satisfactory title to the United furtherance of the purposes of this Act. Clark County, Nevada, and for the de- States of the whole of Saint Helena Island, (5) FIRE.—Wildfires shall be suppressed in a except that portion conveyed to the Great velopment of an airport facility, and manner consistent with the purposes of this for other purposes, which had been re- Lakes Lighthouse Keepers Association pur- Act, using such means as the Secretary suant to section 1001 of the Coast Guard Au- deems appropriate. ported from the Committee on Energy thorization Act of 1996 (Public Law 104–324; (6) INSECTS AND DISEASE.—Insect and dis- and Natural Resources, with amend- 110 Stat. 3948). ease outbreaks may be controlled in the sce- ments as follows: SEC. 3. BOUNDARIES. nic area to maintain scenic quality, prevent (Omit the part in black brackets and (a) SAINT HELENA ISLAND.—The scenic area tree mortality, or to reduce hazards to visi- insert the part printed in italic) shall comprise all of Saint Helena Island, in tors. S. 1695 Lake Michigan, Michigan, and all associated (7) DOCKAGE.—The Secretary shall provide Be it enacted by the Senate and House of Rep- rocks, pinnacles, islands, and islets within through concession, permit, or other means resentatives of the United States of America in one-eighth mile of the shore of Saint Helena docking facilities consistent with the man- Congress assembled, Island. agement plan developed pursuant to this sec- SECTION 1. SHORT TITLE. (b) BOUNDARIES OF HIAWATHA NATIONAL tion. This Act may be cited as the ‘‘Ivanpah Val- FOREST EXTENDED.—Upon establishment of (8) SAFETY.—The Secretary shall take rea- ley Airport Public Lands Transfer Act’’. the scenic area, the boundaries of the Hia- sonable actions to provide for public health SEC. 2. CONVEYANCE OF LANDS TO CLARK COUN- watha National Forest shall be extended to and safety and for the protection of the sce- TY, NEVADA. include all of the lands within the scenic nic area in the event of fire or infestation of (a) IN GENERAL.—Notwithstanding the land area. All such extended boundaries shall be insects or disease. use planning requirements contained in sec- (c) CONSULTATION.—In preparing the man- deemed boundaries in existence as of Janu- tions 202 and 203 of the Federal Land Policy agement plan, the Secretary shall consult ary 1, 1965, for the purposes of section 8 of and Management Act of 1976 (43 U.S.C. 1712 with appropriate State and local government the Land and Water Conservation Fund Act and 1713), but subject to subsection (b) of officials, provide for full public participa- of 1965 (16 U.S.C. 460l–9). this section and valid existing rights, the tion, and consider the views of all interested (c) PAYMENTS TO LOCAL GOVERNMENTS.— Secretary shall convey to the County all parties, organizations, and individuals. Solely for purposes of payments to local gov- right, title, and interest of the United States ernments pursuant to section 6902 of title 31, SEC. 5. FISH AND GAME. in and to the Federal public lands identified United States Code, lands acquired by the Nothing in this Act shall be construed as for disposition on the map entitled ‘‘Ivanpah United States under this Act shall be treated affecting the jurisdiction or responsibilities Valley, Nevada-Airport Selections’’ num- as entitlement lands. of the State of Michigan with respect to fish bered 01, and dated April 1999, for the purpose SEC. 4. ADMINISTRATION AND MANAGEMENT. and wildlife in the scenic area. of developing an airport facility and related (a) ADMINISTRATION.—Subject to valid ex- SEC. 6. MINERALS. infrastructure. The Secretary shall keep isting rights, the Secretary of Agriculture Subject to valid existing rights, the lands such map on file and available for public in- (in this Act referred to as the ‘‘Secretary’’) within the scenic area are hereby withdrawn spection in the offices of the Director of the shall administer the scenic area in accord- from disposition under all laws pertaining to Bureau of Land Management and in the dis- ance with the laws, rules, and regulations mineral leasing, including all laws per- trict office of the Bureau located in Las applicable to the National Forest System in taining to geothermal leasing. Also subject Vegas, Nevada. furtherance of the purposes of this Act. to valid existing rights, the Secretary shall (b) CONDITIONS.—The Secretary shall make (b) SPECIAL MANAGEMENT REQUIREMENTS.— not allow any mineral development on feder- no conveyance under subsection (a) until øWith-in 3 years of the date of the enactment ally owned land within the scenic area, ex- each of the following conditions are fulfilled: of this Act, the Secretary shall seek to de- cept that common varieties of mineral mate- (1) The County has conducted an airspace velop a management plan for the scenic area rials, such as stone and gravel, may be uti- øassessment¿ assessment, using the airspace as an amendment to the land and resources lized only as authorized by the Secretary to management plan required by section 4(a), to management plan for the Hiawatha National the extent necessary for construction and identify any potential adverse effects on ac- Forest.¿ Within 3 years of the acquisition of 50 maintenance of roads and facilities within cess to the Las Vegas Basin under visual percent of the land authorized for acquisition the scenic area. flight rules that would result from the con- under section 7, the Secretary shall develop an SEC. 7. ACQUISITION. struction and operation of a commercial or amendment to the land and resources manage- (a) ACQUISITION OF LANDS WITHIN THE SCE- primary airport, or both, on the land to be ment plan for the Hiawatha National Forest NIC AREA.—The Secretary shall acquire, by conveyed. which will direct management of the scenic purchase from willing sellers, gift, or ex- (2) The Federal Aviation Administration area. Such an amendment shall conform to change, lands, waters, structures, or inter- has made a certification under section 4(b). the provisions of this Act. Nothing in this ests therein, including scenic or other ease- (3) The County has entered into an agree- Act shall require the Secretary to revise the ments, within the boundaries of the scenic ment with the Secretary to retain ownership land and resource management plan for the area to further the purposes of this Act. of Jean Airport, located at Jean, Nevada, Hiawatha National Forest pursuant to sec- (b) ACQUISITION OF OTHER LANDS.—The Sec- and to maintain and operate such airport for tion 6 of the Forest and Rangeland Renew- retary may acquire, by purchase from will- general aviation purposes. able Resources Planning Act of 1974 (16 ing sellers, gift, or exchange, not more than (c) PAYMENT.— U.S.C. 1604). In developing a plan for manage- 10 acres of land, including any improvements (1) IN GENERAL.—As consideration for the ment of the scenic area, the Secretary shall thereon, on the mainland to provide access conveyance of each parcel, the County shall address the following special management to and administrative facilities for the sce- pay to the United States an amount equal to considerations: nic area. the fair market value of the parcel. (1) PUBLIC ACCESS.—Alternative means for SEC. 8. AUTHORIZATION OF APPROPRIATIONS. ø(2) DEPOSIT IN SPECIAL ACCOUNT.—The Sec- providing public access from the mainland to (a) ACQUISITION OF LANDS.—There are here- retary shall deposit the payments received the scenic area shall be considered, including by authorized to be appropriated such sums under paragraph (1) in the special account any available existing services and facilities, as may be necessary for the acquisition of described in section 4(e)(1)(C) of the South- concessionaires, special use permits, or other land, interests in land, or structures within ern Nevada Public Land Management Act of

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.164 pfrm04 PsN: S05PT2 S9982 CONGRESSIONAL RECORD — SENATE October 5, 2000 1998 (112 Stat. 2345). The second sentence of mental Policy Act of 1969 (42 U.S.C. 4321 et (A) congressional consent to the establishment section 4(f) of such Act (112 Stat. 2346) shall seq.) with respect to initial planning and of the Tahoe Regional Planning Agency in 1969 not apply to interest earned on amounts de- construction shall be completed by the Sec- (Public Law 91–148; 83 Stat. 360) and in 1980 posited under this paragraph.¿ retary of Transportation and the Secretary (Public Law 96–551; 94 Stat. 3233); (2) DEPOSIT IN SPECIAL ACCOUNT.—(A) The of the Interior as joint lead agencies. Any ac- (B) the establishment of the Lake Tahoe Secretary shall deposit the payments received tions conducted in accordance with this section Basin Management Unit in 1973; and under paragraph (1) into the special account de- shall specifically address any impacts on the (C) the enactment of Public Law 96–586 (94 scribed in section 4(e)(1)(C) of the Southern Ne- purposes for which the Mojave National Pre- Stat. 3381) in 1980 to provide for the acquisition vada Public Land Management Act of 1998 (112 serve was created. of environmentally sensitive land and erosion Stat. 2345). Such funds may be expended only SEC. 6. DEFINITIONS. control grants; for the acquisition of private inholdings in the In this Act— (11) the President renewed the Federal Gov- Mojave National Preserve and for the protection (1) the term ‘‘County’’ means Clark Coun- ernment’s commitment to Lake Tahoe in 1997 at and management of the petroglyph resources in ty, Nevada; and the Lake Tahoe Presidential Forum, when he Clark County, Nevada. The second sentence of (2) the term ‘‘Secretary’’ means the Sec- committed to increased Federal resources for en- section 4(f) of such Act (112 Stat. 2346) shall not retary of the Interior. vironmental restoration at Lake Tahoe and es- apply to interest earned on amounts deposited The committee amendments were tablished the Federal Interagency Partnership under this paragraph. agreed to. and Federal Advisory Committee to consult on (B) The Secretary may not expend funds pur- The bill (H.R. 1695), as amended, was natural resources issues concerning the Lake suant to this section until— read the third time and passed. Tahoe basin; (i) the provisions of section 5 of this Act have f (12) the States of California and Nevada have been completed; and contributed proportionally to the effort to pro- (ii) a final Record of Decision pursuant to the LAKE TAHOE RESTORATION ACT tect and restore Lake Tahoe, including— National Environmental Policy Act of 1969 (42 The Senate proceeded to consider the (A) expenditures— U.S.C. 4321 et seq.) has been issued which per- (i) exceeding $200,000,000 by the State of Cali- mits development of an airport at the Ivanpah bill (S. 1925) to promote environmental fornia since 1980 for land acquisition, erosion site. restoration around Lake Tahoe basin, control, and other environmental projects in the ø(d) REVERSION AND REENTRY.—If, fol- which had been reported from the Com- Lake Tahoe basin; and lowing completion of compliance with sec- mittee on Energy and Natural Re- (ii) exceeding $30,000,000 by the State of Ne- tion 5 of this Act, the Federal Aviation Ad- sources, with an amendment as follows: vada since 1980 for the purposes described in ministration and the County determine that (Strike out all after the enacting clause (i); and an airport cannot be constructed on the con- clause and insert the part printed in (B) the approval of a bond issue by voters in veyed lands—¿ italic) the State of Nevada authorizing the expenditure (d) REVERSION AND REENTRY.—If, following by the State of an additional $20,000,000; and SECTION 1. SHORT TITLE. completion of compliance with section 5 of this This Act may be cited as the ‘‘Lake Tahoe (13) significant additional investment from Act and in accordance with the findings made Restoration Act’’. Federal, State, local, and private sources is by the actions taken in compliance with such needed to stop the damage to Lake Tahoe and SEC. 2. FINDINGS AND PURPOSES. section, the Federal Aviation Administration its forests, and restore the Lake Tahoe basin to (a) FINDINGS.—Congress finds that— and the County determine that an airport (1) Lake Tahoe, one of the largest, deepest, ecological health. should not be constructed on the conveyed and clearest lakes in the world, has a cobalt (b) PURPOSES.—The purposes of this Act are— lands— blue color, a unique alpine setting, and remark- (1) to enable the Forest Service to plan and (1) the Secretary of the Interior shall im- able water clarity, and is recognized nationally implement significant new environmental res- mediately refund to the County all payments and worldwide as a natural resource of special toration activities and forest management ac- made to the United States for such lands significance; tivities to address the phenomena described in under subsection (c); and (2) in addition to being a scenic and ecological paragraphs (4) through (8) of subsection (a) in (2) upon such payment— treasure, Lake Tahoe is one of the outstanding the Lake Tahoe basin; (A) all right, title, and interest in the recreational resources of the United States, of- (2) to ensure that Federal, State, local, re- lands conveyed to the County under this Act fering skiing, water sports, biking, camping, and gional, tribal, and private entities continue to shall revert to the United States; and hiking to millions of visitors each year, and con- work together to improve water quality and (B) the Secretary may reenter such lands. tributing significantly to the economies of Cali- manage Federal land in the Lake Tahoe Basin SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE fornia, Nevada, and the United States; Management Unit; and FOR CONVEYANCE. (3) the economy in the Lake Tahoe basin is (3) to provide funding to local governments for The public lands referred to in section 2(a) dependent on the protection and restoration of erosion and sediment control projects on non- are withdrawn from mineral entry under the the natural beauty and recreation opportunities Federal land if the projects benefit the Federal Act of May 10, 1872 (30 U.S.C. 22 et seq.; popu- in the area; land. larly known as the Mining Law of 1872) and (4) Lake Tahoe is in the midst of an environ- SEC. 3. DEFINITIONS. the Mineral Leasing Act (30 U.S.C. 181 et mental crisis; the Lake’s water clarity has de- In this Act: seq.). clined from a visibility level of 105 feet in 1967 to (1) ENVIRONMENTAL THRESHOLD CARRYING CA- SEC. 4. ACTIONS BY THE DEPARTMENT OF only 70 feet in 1999, and scientific estimates in- PACITY.—The term ‘‘environmental threshold TRANSPORTATION. dicate that if the water quality at the Lake con- carrying capacity’’ has the meaning given the (a) DEVELOPMENT OF AIRSPACE MANAGE- tinues to degrade, Lake Tahoe will lose its fa- term in article II of the Tahoe Regional Plan- MENT PLAN.—The Secretary of Transpor- mous clarity in only 30 years; ning Compact set forth in the first section of tation shall, in consultation with the øSec- (5) sediment and algae-nourishing phos- Public Law 96–551 (94 Stat. 3235). retary,¿ Secretary, prior to the conveyance of phorous and nitrogen continue to flow into the (2) FIRE RISK REDUCTION ACTIVITY.— the land referred to in section 2(a), develop an Lake from a variety of sources, including land (A) IN GENERAL.—The term ‘‘fire risk reduc- airspace management plan for the Ivanpah erosion, fertilizers, air pollution, urban runoff, tion activity’’ means an activity that is nec- Valley Airport that shall, to the maximum highway drainage, streamside erosion, land dis- essary to reduce the risk of wildlife to promote extent practicable and without adversely im- turbance, and ground water flow; forest management and simultaneously achieve pacting safety considerations, restrict air- (6) methyl tertiary butyl ether— and maintain the environmental threshold car- (A) has contaminated and closed more than 1⁄3 craft arrivals and departures over the Mo- rying capacities established by the Planning of the wells in South Tahoe; and jave Desert Preserve in California. (B) is advancing on the Lake at a rate of ap- Agency in a manner consistent, where applica- (b) CERTIFICATION OF ASSESSMENT.—The proximately 9 feet per day; ble, with chapter 71 of the Tahoe Regional Administrator of the Federal Aviation Ad- (7) destruction of wetlands, wet meadows, and Planning Agency Code of Ordinances. ministration shall certify to the Secretary stream zone habitat has compromised the Lake’s (B) INCLUDED ACTIVITIES.—The term ‘‘fire risk that the assessment made by the County ability to cleanse itself of pollutants; reduction activity’’ includes— under section 2(b)(1) is thorough and that al- (8) approximately 40 percent of the trees in the (i) prescribed burning; ternatives have been developed to address Lake Tahoe basin are either dead or dying, and (ii) mechanical treatment; each adverse effect identified in the assess- the increased quantity of combustible forest (iii) road obliteration or reconstruction; and ment, including alternatives that ensure ac- fuels has significantly increased the risk of cat- (iv) such other activities consistent with For- cess to the Las Vegas Basin under visual astrophic forest fire in the Lake Tahoe basin; est Service practices as the Secretary determines flight rules at a level that is equal to or bet- (9) as the largest land manager in the Lake to be appropriate. ter than existing access. Tahoe basin, with 77 percent of the land, the (3) PLANNING AGENCY.—The term ‘‘Planning SEC. 5. COMPLIANCE WITH NATIONAL ENVIRON- Federal Government has a unique responsibility Agency’’ means the Tahoe Regional Planning MENTAL POLICY ACT OF 1969 RE- for restoring environmental health to Lake Agency established under Public Law 91–148 (83 QUIRED. Tahoe; Stat. 360) and Public Law 96–551 (94 Stat. 3233). Prior to construction of an airport facility (10) the Federal Government has a long his- (4) PRIORITY LIST.—The term ‘‘priority list’’ on lands conveyed under section 2, all ac- tory of environmental preservation at Lake means the environmental restoration priority list tions required under the National Environ- Tahoe, including— developed under section 6.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.165 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9983

(5) SECRETARY.—The term ‘‘Secretary’’ means (iv) recreation; (3) WILLING SELLERS.—The plan shall not in- the Secretary of Agriculture, acting through the (v) scenic resources; clude any acquisition of land or an interest in Chief of the Forest Service. (vi) soil conservation; land except an acquisition from a willing seller. SEC. 4. ADMINISTRATION OF THE LAKE TAHOE (vii) forest health; (g) AUTHORIZATION OF APPROPRIATIONS.— BASIN MANAGEMENT UNIT. (viii) water quality; and There is authorized to be appropriated, for the (ix) wildlife; (a) IN GENERAL.—The Lake Tahoe Basin implementation of projects on the priority list (3) in determining the order of priority of po- Management Unit shall be administered by the and the payment identified in subsection (f), tential and proposed environmental restoration Secretary in accordance with this Act and the $20,000,000 for the first fiscal year that begins projects under paragraph (2), the focus shall ad- laws applicable to the National Forest System. after the date of enactment of this Act and for dress projects (listed in no particular order) (b) RELATIONSHIP TO OTHER AUTHORITY.— each of the 9 fiscal years thereafter. involving— (1) PRIVATE OR NON-FEDERAL LAND.—Nothing (A) erosion and sediment control, including SEC. 7. ENVIRONMENTAL IMPROVEMENT PAY- in this Act grants regulatory authority to the MENTS. the activities described in section 2(g) of Public Secretary over private or other non-Federal Section 2 of Public Law 96–586 (94 Stat. 3381) Law 96–586 (94 Stat. 3381) (as amended by sec- land. is amended by striking subsection (g) and insert- tion 7 of this Act); (2) PLANNING AGENCY.—Nothing in this Act af- (B) the acquisition of environmentally sen- ing the following: fects or increases the authority of the Planning AYMENTS TO OCALITIES sitive land from willing sellers under Public Law ‘‘(g) P L .— Agency. ‘‘(1) IN GENERAL.—The Secretary of Agri- 96–586 (94 Stat. 3381) or land acquisition under (3) ACQUISITION UNDER OTHER LAW.—Nothing culture shall, subject to the availability of ap- any other Federal law; in this Act affects the authority of the Secretary (C) fire risk reduction activities in urban propriations, make annual payments to the gov- to acquire land from willing sellers in the Lake areas and urban-wildland interface areas, in- erning bodies of each of the political subdivi- Tahoe basin under any other law. cluding high recreational use areas and urban sions (including any public utility the service SEC. 5. CONSULTATION WITH PLANNING AGENCY lots acquired from willing sellers under Public area of which includes any part of the Lake AND OTHER ENTITIES. Law 96–586 (94 Stat. 3381); Tahoe basin), any portion of which is located in (a) IN GENERAL.—With respect to the duties (D) cleaning up methyl tertiary butyl ether the area depicted on the final map filed under described in subsection (b), the Secretary shall contamination; and section 3(a). consult with and seek the advice and rec- (E) the management of vehicular parking and ‘‘(2) USE OF PAYMENTS.—Payments under this ommendations of— traffic in the Lake Tahoe Basin Management subsection may be used— (1) the Planning Agency; Unit, especially— ‘‘(A) first, for erosion control and water qual- (2) the Tahoe Federal Interagency Partner- (i) improvement of public access to the Lake ity projects; and ship established by Executive Order No. 13057 Tahoe basin, including the promotion of alter- ‘‘(B) second, unless emergency projects arise, (62 Fed. Reg. 41249) or a successor Executive natives to the private automobile; for projects to address other threshold categories order; (ii) the Highway 28 and 89 corridors and park- after thresholds for water quality and soil con- (3) the Lake Tahoe Basin Federal Advisory ing problems in the area; and servation have been achieved and maintained. Committee established by the Secretary on De- (iii) cooperation with local public transpor- ‘‘(3) ELIGIBILITY FOR PAYMENTS.— cember 15, 1998 (64 Fed. Reg. 2876) (until the tation systems, including— ‘‘(A) IN GENERAL.—To be eligible for a pay- committee is terminated); (I) the Coordinated Transit System; and ment under this subsection, a political subdivi- (4) Federal representatives and all political (II) public transit systems on the north shore sion shall annually submit a priority list of pro- subdivisions of the Lake Tahoe Basin Manage- of Lake Tahoe. posed projects to the Secretary of Agriculture. ment Unit; and (c) MONITORING.—The Secretary shall provide ‘‘(B) COMPONENTS OF LIST.—A priority list (5) the Lake Tahoe Transportation and Water for continuous scientific research on and moni- under subparagraph (A) shall include, for each Quality Coalition. toring of the implementation of projects on the proposed project listed— (b) DUTIES.—The Secretary shall consult with priority list, including the status of the achieve- ‘‘(i) a description of the need for the project; and seek advice and recommendations from the ment and maintenance of environmental thresh- ‘‘(ii) all projected costs and benefits; and entities described in subsection (a) with respect old carrying capacities. ‘‘(iii) a detailed budget. to— (d) CONSISTENCY WITH MEMORANDUM OF UN- ‘‘(C) USE OF PAYMENTS.—A payment under (1) the administration of the Lake Tahoe DERSTANDING.—A project on the priority list this subsection shall be used only to carry out a Basin Management Unit; shall be conducted in accordance with the project or proposed project that is part of the (2) the development of the priority list; memorandum of understanding signed by the environmental improvement program adopted by (3) the promotion of consistent policies and Forest Supervisor and the Planning Agency on the Tahoe Regional Planning Agency in Feb- strategies to address the Lake Tahoe basin’s en- November 10, 1989, including any amendments to ruary 1998 and amendments to the program. vironmental and recreational concerns; the memorandum as long as the memorandum ‘‘(D) FEDERAL OBLIGATION.—All projects (4) the coordination of the various programs, remains in effect. funded under this subsection shall be part of projects, and activities relating to the environ- (e) REVIEW OF PRIORITY LIST.—Periodically, Federal obligation under the enviromental ment and recreation in the Lake Tahoe basin to but not less often than every 3 years, the Sec- improvment program. avoid unnecessary duplication and inefficien- retary shall— ‘‘(4) DIVISION OF FUNDS.— cies of Federal, State, local, tribal, and private (1) review the priority list; ‘‘(A) IN GENERAL.—The total amounts appro- efforts; and (2) consult with— priated for payments under this subsection shall (5) the coordination of scientific resources and (A) the Tahoe Regional Planning Agency; be allocated by the Secretary of Agriculture data, for the purpose of obtaining the best (B) interested political subdivisions; and based on the relative need for and merits of (C) the Lake Tahoe Water Quality and Trans- available science as a basis for decisionmaking projects proposed for payment under this sec- portation Coalition; and on an ongoing basis. tion. (3) make any necessary changes with respect SEC. 6. ENVIRONMENTAL RESTORATION PRI- ‘‘(B) MINIMUM.—To the maximum extent prac- to— ticable, for each fiscal year, the Secretary of Ag- ORITY LIST. (A) the findings of scientific research and riculture shall ensure that each political sub- (a) IN GENERAL.—Not later than 1 year after monitoring in the Lake Tahoe basin; division in the Lake Tahoe basin receives the date of enactment of this Act, the Secretary (B) any change in an environmental threshold amounts appropriated for payments under this shall develop a priority list of potential or pro- as determined by the Planning Agency; subsection. posed environmental restoration projects for the (C) any change in general environmental con- ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In Lake Tahoe Basin Management Unit. ditions in the Lake Tahoe basin; and (b) DEVELOPMENT OF PRIORITY LIST.—In de- (D) submit to Congress a report on any addition to the amounts authorized to be appro- veloping the priority list, the Secretary shall— changes made. priated to carry out section 6 of the Lake Tahoe (1) use the best available science, including (f) CLEANUP OF HYDROCARBON CONTAMINA- Restoration Act, there is authorized to be appro- any relevant findings and recommendations of TION.— priated for making payments under this sub- the watershed assessment conducted by the For- (1) IN GENERAL.—The Secretary shall, subject section $10,000,000 for the first fiscal year that est Service in the Lake Tahoe basin; and to the availability of appropriations, make a begins after the date of enactment of this para- (2) include, in order of priority, potential or payment of $1,000,000 to the Tahoe Regional graph and for each of the 9 fiscal years there- proposed environmental restoration projects in Planning Agency and the South Tahoe Public after.’’. the Lake Tahoe basin that— Utility District to develop and publish a plan, SEC. 8. FIRE RISK REDUCTION ACTIVITIES. (A) are included in or are consistent with the not later than 1 year after the date of enactment (a) IN GENERAL.—In conducting fire risk re- environmental improvement program adopted by of this Act, for the prevention and cleanup of duction activities in the Lake Tahoe basin, the the Planning Agency in February 1998 and hydrocarbon contamination (including contami- Secretary shall, as appropriate, coordinate with amendments to the program; nation with MTBE) of the surface water and State and local agencies and organizations, in- (B) would help to achieve and maintain the ground water of the Lake Tahoe basin. cluding local fire departments and volunteer environmental threshold carrying capacities (2) CONSULTATION.—In developing the plan, groups. for— the Tahoe Regional Planning Agency and the (b) GROUND DISTURBANCE.—The Secretary (i) air quality; South Tahoe Public Utility District shall consult shall, to the maximum extent practicable, mini- (ii) fisheries; with the States of California and Nevada and mize any ground disturbances caused by fire (iii) noise; appropriate political subdivisions. risk reduction activities.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.166 pfrm04 PsN: S05PT2 S9984 CONGRESSIONAL RECORD — SENATE October 5, 2000 SEC. 9. AVAILABILITY AND SOURCE OF FUNDS. purchased new firefighting equipment that is tion of certain parcels to the Effigy (a) IN GENERAL.—Funds authorized under much larger than the existing fire hall can Mounds National Monument, Iowa. this Act and the amendment made by this Act— accommodate; The bill (H.R. 3745) was read the third (1) shall be in addition to any other amounts (7) accordingly, the fire department must time and passed. available to the Secretary for expenditure in the construct a new fire department facility at a f Lake Tahoe basin; and new and safe location; (2) shall not reduce allocations for other Re- (8) in order to relocate and construct a new EXTENSION OF THE DEADLINE gions of the Forest Service. facility, the City must sell the land to assist FOR COMMENCEMENT OF CON- (b) MATCHING REQUIREMENT.—Except as pro- in financing the new fire department facil- STRUCTION OF CERTAIN HYDRO- vided in subsection (c), funds for activities ity; and under section 6 and section 7 of this Act shall be (9) the Secretary of the Interior concurs ELECTRIC PROJECTS IN THE available for obligation on a 1-to-1 basis with that it is in the public interest to eliminate STATE OF WEST VIRGINIA funding of restoration activities in the Lake the public purpose condition to enable the The Senate proceeded to consider the Tahoe basin by the States of California and Ne- land to be sold for that purpose. bill (S. 2942) to extend the deadline for vada. (b) ELIMINATION OF CONDITION.— commencement of construction of cer- (c) RELOCATION COSTS.—The Secretary shall (1) WAIVER.—The condition stated in sec- tain hydroelectric projects in the State provide 2⁄3 of necessary funding to local utility tion 3 of the Act of April 16, 1906 (43 U.S.C. districts for the costs of relocating facilities in 566), that land conveyed under that Act be of West Virginia. connection with environmental restoration used forever for a public purpose is waived The bill (S. 2942) was read the third projects under section 6 and erosion control insofar as the condition applies to the land time and passed, as follows: projects under section 2 of Public Law 96–586. described in subsection (c). S. 2942 SEC. 10. AMENDMENT OF PUBLIC LAW 96–586. (2) INSTRUMENTS.—The Secretary of the In- Be it enacted by the Senate and House of Rep- Section 3(a) of Public Law 96–586 (94 Stat. terior shall execute and cause to be recorded resentatives of the United States of America in 3383) is amended by adding at the end the fol- in the appropriate land records any instru- Congress assembled, lowing: ments necessary to evidence the waiver SECTION 1. EXTENSION OF TIME FOR FEDERAL ‘‘(5) WILLING SELLERS.—Land within the Lake made by paragraph (1). ENERGY REGULATORY COMMISSION Tahoe Basin Management Unit subject to acqui- (c) LAND DESCRIPTION.—The parcel of land PROJECT. (a) IN GENERAL.—Notwithstanding the time sition under this section that is owned by a pri- described in this subsection is a parcel of period specified in section 13 of the Federal vate person shall be acquired only from a will- land located in Powell, Park County, Wyo- Power Act (16 U.S.C. 806) that would other- ing seller.’’. ming, the legal description of which is as fol- lows: wise apply to the Federal Energy Regulatory SEC. 11. RELATIONSHIP TO OTHER LAWS. Lot 23, Block 54, in the original town of Commission projects numbered 6901, 6902, Nothing in this Act exempts the Secretary Powell, according to the plat recorded in and 7307, the Commission may, at the re- from the duty to comply with any applicable Book 82 of plats, Page 252, according to the quest of the licensee for each project, respec- Federal law. records of the County Clerk and Recorder of tively, and after reasonable notice, in ac- SEC. 12. AUTHORIZATION OF APPROPRIATIONS. Park County, State of Wyoming. cordance with the good faith, due diligence, There are authorized to be appropriated such f and public interest requirements of that sec- sums as are necessary to carry out this Act. tion and the Commission’s procedures under The committee amendment in the GOLDEN GATE NATIONAL RECRE- that section, extend the time period during nature of a substitute was agreed to. ATION AREA BOUNDARY AD- which the licensee is required to commence JUSTMENT OF 2000 the construction of the project for 3 consecu- The bill (S. 1925), as amended, was tive 2-year periods. read the third time and passed. The Senate proceeded to consider the (b) EFFECTIVE DATE.—Subsection (a) takes f bill (H.R. 3632) to revise the boundaries effect on the date of the expiration of the ex- of the Golden Gate National Recre- tension issued by the Commission before the CONVEYANCE OF CERTAIN LAND ation Area, and for other purposes. date of the enactment of this Act under sec- IN POWELL, WYOMING The bill (H.R. 3632) was read the third tion 13 of the Federal Power Act (16 U.S.C. The Senate proceeded to consider the time and passed. 806). (c) REINSTATEMENT OF EXPIRED LICENSE.— bill (S. 2069) to permit the conveyance f If the period required for commencement of of certain land in Powell, Wyoming, BLACK HILLS NATIONAL FOREST construction of any of the projects described which had been reported from the Com- AND ROCKY MOUNTAIN RE- in subsection (a) expired before the date of mittee on Energy and Natural Re- the enactment of this Act— SEARCH STATION IMPROVEMENT sources. (1) the Commission shall reinstate the li- ACT The bill (S. 2069) was read the third cense effective as of the date of its expira- time and passed, as follows: The Senate proceeded to consider the tion; and (2) the first extension authorized under S. 2069 bill (H.R. 4226) to authorize the Sec- retary of Agriculture to sell or ex- subsection (a) shall take effect on the expira- Be it enacted by the Senate and House of Rep- change all or part of certain adminis- tion date. resentatives of the United States of America in f Congress assembled, trative sites and other land in the SECTION 1. ELIMINATION OF PUBLIC PURPOSE Black Hills National Forest and to to LAND EXCHANGE BETWEEN THE CONDITION. use funds derived from the sale or ex- SECRETARY OF THE INTERIOR (a) FINDINGS.—Congress finds that— change to acquire replacement sites AND THE DIRECTOR OF CEN- (1) the parcel of land described in sub- and to acquire or construct administra- TRAL INTELLIGENCE AT THE section (c) was patented to the town (now tive improvements in connection with GEORGE WASHINGTON MEMO- City) of Powell, Wyoming, by the United the Black Hills National Forest. RIAL PARKWAY States General Land Office on October 17, The bill (H.R. 4226) was read the third The Senate proceeded to consider the 1934, to help establish a town near the Sho- time and passed. shone Irrigation Project; bill (S. 3000) to authorize the exchange (2) the land was patented with the condi- f of land between the Secretary of the tion that it be used forever for a public pur- NATIONAL HISTORIC LIGHTHOUSE Interior and the Director of Central In- pose, as required by section 3 of the Act of PRESERVATION ACT OF 2000 telligence at the George Washington April 16, 1906 (43 U.S.C. 566); The Senate proceeded to consider the Memorial Parkway in McLean, Vir- (3) the land has been used to house the ginia, and for other purposes, which Powell Volunteer Fire Department, which bill (H.R. 4613) to amend the National serves the firefighting and rescue needs of a Historic Preservation Act for purposes had been reported from the Committee 577 square mile area in northwestern Wyo- of establishing a national lighthouse on Energy and Natural Resources, with an amendment to strike out all after ming; preservation program. (4) the land is located at the corner of U.S. The bill (H.R. 4613) was read the third the enacting clause and insert the part Highway 14 and the main street of the busi- time and passed. printed in italic. ness district of the City; SECTION 1. AUTHORIZATION OF LAND EX- (5) because of the high traffic flow in the f CHANGE. area, the location is no longer safe for the EFFIGY MOUNDS NATIONAL (a) IN GENERAL.—Subject to section 2, the Sec- public or for the fire department; MONUMENT ADDITIONS ACT retary of the Interior (referred to in this Act as (6) in response to population growth in the the ‘‘Secretary’’) and the Director of Central In- area and to National Fire Protection Asso- The Senate proceeded to consider the telligence (referred to in this Act as the ‘‘Direc- ciation regulations, the fire department has bill (H.R. 3745) to authorize the addi- tor’’) may exchange—

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.166 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9985 (1) approximately 1.74 acres of land under the Headquarters Building Compound of the Cen- tory of development and use of the California jurisdiction of the Department of the Interior tral Intelligence Agency.’’. Trail in the settling of the West. within the boundary of the George Washington f (b) MASTER PLAN STUDY.—To carry out Memorial Parkway, as depicted on National subsection (a), the Secretary shall— Park Service Drawing No. 850/81992, dated Au- CALIFORNIA TRAIL INTERPRETIVE (1) consider the findings of the master plan gust 6, 1998; for ACT study for the California Trail Interpretive Center in Elko, Nevada, as authorized by (2) approximately 2.92 acres of land under the The Senate proceeded to consider the jurisdiction of the Central Intelligence Agency page 15 of Senate Report 106–99; and adjacent to the boundary of the George Wash- bill (S. 2749) to Establish the California (2) initiate a plan for the development of ington Memorial Parkway, as depicted on Na- Trail Interpretive Center in Elko, Ne- the Center that includes— tional Park Service Drawing No. 850/81991, sheet vada, to facilitate the interpretation of (A) a detailed description of the design of 1, dated August 6, 1998. the history of development and use of the Center; (b) PUBLIC INSPECTION.—The drawings re- trails in the setting of the western por- (B) a description of the site on which the ferred to in subsection (a) shall be available for tion of the United States. Center is to be located; public inspection in the appropriate offices of The bill (S. 2749) was read the third (C) a description of the method and esti- the National Park Service. mated cost of acquisition of the site on time and passed, as follows: which the Center is to be located; SEC. 2. CONDITIONS OF LANDS EXCHANGE S. 2749 (D) the estimated cost of construction of (a) NO REIMBURSEMENT OR CONSIDERATION.— the Center; The exchange described in section 1 shall occur Be it enacted by the Senate and House of Rep- (E) the cost of operation and maintenance without reimbursement or consideration. resentatives of the United States of America in Congress assembled, of the Center; and (b) PUBLIC ACCESS FOR MOTOR VEHICLE TURN- SECTION 1. SHORT TITLE. (F) a description of the manner and extent AROUND.—The Director shall allow public ac- to which non-Federal entities shall partici- cess to the land described in section 1(a)(1) for This Act may be cited as the ‘‘California Trail Interpretive Act’’. pate in the acquisition and construction of a motor vehicle turn-around on the George the Center. SEC. 2. FINDINGS AND PURPOSES. Washington Memorial Parkway. (c) IMPLEMENTATION.—To carry out sub- (c) TURNER-FAIRBANK HIGHWAY RESEARCH (a) FINDINGS.—Congress finds that— section (a), the Secretary may— CENTER.—The Director shall allow access to the (1) the nineteenth century westward move- (1) acquire land and interests in land for land described in section 19(a)(1) by— ment in the United States over the Cali- the construction of the Center by— (1) employees of the Federal Highway Admin- fornia National Historic Trail, which oc- (A) donation; istration; and curred from 1840 until the completion of the (B) purchase with donated or appropriated (2) other Federal employees and visitors whose transcontinental railroad in 1869, was an im- funds; or admission to the Turner-Fairbanks Highway portant cultural and historical event in— (C) exchange; Research Center of the Federal Highway Ad- (A) the development of the western land of (2) provide for local review of and input ministration (hereinafter referred to in this Act the United States; and concerning the development and operation of as the ‘‘Center’’) is authorized by the Center. (B) the prevention of colonization of the the Center by the Advisory Board for the Na- (d) CLOSURE TO PROTECT CENTRAL INTEL- west coast by Russia and the British Empire; tional Historic California Emigrant Trails LIGENCE AGENCY.— (2) the movement over the California Trail Interpretive Center of the city of Elko, Ne- (1) IN GENERAL.—Subject to paragraphs (2) was completed by over 300,000 settlers, many vada; and (3) and notwithstanding any other provi- of whom left records or stories of their jour- (3) periodically prepare a budget and fund- sion of this section, the Director may close ac- neys; and ing request that allows a Federal agency to cess to the land described in section 1(a)(1) to all (3) additional recognition and interpreta- carry out the maintenance and operation of persons (other than the United States Park Po- tion of the movement over the California the Center; lice, other necessary employees of the National Trail is appropriate in light of— (4) enter into a cooperative agreement Park Service, and employees of the Federal (A) the national scope of nineteenth cen- with— Highway Administration) if the Director deter- tury westward movement in the United (A) the State, to provide assistance in— mines that physical security conditions require States; and (i) removal of snow from roads; the closure to protect employees or property of (B) the strong interest expressed by people (ii) rescue, firefighting, and law enforce- the Central Intelligence Agency. of the United States in understanding their ment services; and (2) TIME LIMITATION.—The Director may not history and heritage. (iii) coordination of activities of nearby close access to the land under paragraph (1) for (b) PURPOSES.—The purposes of this Act law enforcement and firefighting depart- more than 12 hours during any 24-hour period are— ments or agencies; and unless the Director consults with the National (1) to recognize the California Trail, in- (B) a Federal, State, or local agency to de- Park Service, the Center, and the United States cluding the Hastings Cutoff and the trail of velop or operate facilities and services to Park Police. the ill-fated Donner-Reed Party, for its na- carry out this Act; and (3) TURNER-FAIRBANK HIGHWAY RESEARCH CEN- tional, historical, and cultural significance; (5) notwithstanding any other provision of TER.—No action shall be taken under this sub- and law, accept donations of funds, property, or section to diminish access to the land described (2) to provide the public with an interpre- services from an individual, foundation, cor- in section 1(a)(1) by employees of the Federal tive facility devoted to the vital role of poration, or public entity to provide a serv- Highway Administration except when the action trails in the West in the development of the ice or facility that is consistent with this is taken for security reasons. United States. Act, as determined by the Secretary, includ- (e) DEED RESTRICTIONS.—The Director shall SEC. 3. DEFINITIONS. ing 1-time contributions for the Center (to be ensure compliance by the Central Intelligence In this Act: payable during construction funding periods Agency with the deed restrictions that apply to (1) CALIFORNIA TRAIL.—The term ‘‘Cali- for the Center after the date of enactment of the land described in section 1(a)(1). fornia Trail’’ means the California National this Act) from— (f) INTERAGENCY AGREEMENT.—The Secretary Historic Trail, established under section (A) the State, in the amount of $3,000,000; and the Director shall comply with the terms 5(a)(18) of the National Trails System Act (16 (B) Elko County, Nevada, in the amount of and conditions of the Interagency Agreement U.S.C. 1244(a)(18)). $1,000,000; and between the National Park Service and the Cen- (2) CENTER.—The term ‘‘Center’’ means the (C) the city of Elko, Nevada, in the amount tral Intelligence Agency, signed in 1998, regard- California Trail Interpretive Center estab- of $2,000,000. ing the exchange and management of the land lished under section 4(a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. subject to the Agreement. (3) SECRETARY.—The term ‘‘Secretary’’ There is authorized to be appropriated to (g) DEADLINE.—The Secretary and the Direc- means the Secretary of the Interior, acting carry out this Act $12,000,000. tor shall complete the exchange authorized by through the Director of the Bureau of Land f this section not later than 120 days after the Management. date of enactment of this Act. (4) STATE.—The term ‘‘State’’ means the VIRGINIA WILDERNESS ACT OF SEC. 3. MANAGEMENT OF EXCHANGED LANDS. State of Nevada. 2000 (a) LAND CONVEYED TO SECRETARY.—Any SEC. 4. CALIFORNIA TRAIL INTERPRETIVE CEN- The Senate proceeded to consider the land described in section 1(a)(2) that is con- TER. bill (S. 2865) to designate certain land veyed to the Secretary shall be— (a) ESTABLISHMENT.— of the National Forest System located (1) included within the boundary of the (1) IN GENERAL.—In furtherance of the pur- George Washington Memorial Parkway; and poses of section 7(c) of the National Trails in the State of Virginia as wilderness. (2) administered by the National Park Service System Act (16 U.S.C. 1246(c)), the Secretary The bill (S. 2865) was read the third as part of the Parkway, subject to the laws (in- may establish an interpretation center to be time and passed, as follows: cluding regulations) applicable to the Parkway. known as the ‘‘California Trail Interpretive S. 2865 (b) LAND CONVEYED TO DIRECTOR.—Any land Center’’, near the city of Elko, Nevada. Be it enacted by the Senate and House of Rep- described in section 1(a)(1) that is conveyed to (2) PURPOSE.—The Center shall be estab- resentatives of the United States of America in the Director shall be administered as part of the lished for the purpose of interpreting the his- Congress assembled,

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.169 pfrm04 PsN: S05PT2 S9986 CONGRESSIONAL RECORD — SENATE October 5, 2000

SECTION 1. SHORT TITLE. Sec. 3: Lots 1–12, S1⁄2. tate of the lands described in paragraph (1) This Act may be cited as the ‘‘Virginia Sec. 4: Lots 1–12, S1⁄2. and of the following lands are withdrawn Wilderness Act of 2000’’. Sec. 6: Lots 1 and 2. from all forms of appropriation under the SEC. 2. DESIGNATION OF WILDERNESS AREAS. Sec. 9: N1⁄2, N1⁄2S1⁄2. public land laws, including the mining laws Section 1 of the Act entitled ‘‘An Act to Sec. 10: N1⁄2, N1⁄2S1⁄2. and the geothermal leasing laws, but not the designate certain National Forest System Sec. 11: N1⁄2, N1⁄2S1⁄2. Act of July 31, 1947 (commonly known as the lands in the States of Virginia and West Vir- T. 2 N., R. 30 E. Materials Act of 1947; 30 U.S.C. 601 et seq.) 1 1 ginia as wilderness areas’’ (Public Law 100– Sec. 20: E ⁄2SE ⁄4. and the Mineral Leasing Act (30 U.S.C. 181 et 1 1 1 326; 102 Stat. 584) is amended— Sec. 21: SW ⁄4, W ⁄2SE ⁄4. seq.): 1 1 1 (1) in paragraph (5), by striking ‘‘and’’ at Sec. 28: W ⁄2E ⁄2, W ⁄2. WILLAMETTE MERIDIAN Sec. 29: E1⁄2E1⁄2. the end; T. 16 N., R. 20 E. Sec. 32: E1⁄2E1⁄2. (2) in paragraph (6), by striking the period Sec. 12: All. Sec. 33: W1⁄2E1⁄2, NW1⁄4, S1⁄2SW1⁄4. and inserting a semicolon; and Sec. 18: Lot 4 and SE1⁄4. Aggregating 6,713.90 acres, more or less. (3) by adding at the end the following: Sec. 20: S1⁄2. ‘‘(7) certain land in the George Washington (2) STATUS OF SURFACE ESTATE.—Upon transfer of the surface estate of the lands de- T. 16 N., R. 21 E. National Forest, comprising approximately 1 1 scribed in paragraph (1), the surface estate Sec. 4: Lots 1, 2, 3, and 4, S ⁄2NE ⁄2. 6,500 acres, as generally depicted on a map shall be treated as real property subject to Sec. 8: All. entitled ‘The Priest Wilderness Study Area’, the Federal Property and Administrative T. 16 N., R. 22 E. dated June 6, 2000, to be known as the ‘Priest Services Act of 1949 (40 U.S.C. 471 et seq.). Sec. 12: All. Wilderness Area’; and (3) WITHDRAWAL OF MINERAL ESTATE.—Sub- T. 17 N., R. 21 E. ‘‘(8) certain land in the George Washington 1 1 ject to valid existing rights, the mineral es- Sec. 32: S ⁄2SE ⁄4. National Forest, comprising approximately 1 tate of the lands described in paragraph (1) is Sec. 34: W ⁄2. 4,800 acres, as generally depicted on a map withdrawn from all forms of appropriation Aggregating 3,090.80 acres. entitled ‘The Three Ridges Wilderness Study under the public land laws, including the (4) USE OF MINERAL MATERIALS.—Notwith- Area’, dated June 6, 2000, to be known as the mining laws and the mineral and geothermal standing any other provision of this sub- ‘Three Ridges Wilderness Area.’’. leasing laws, but not the Act of July 31, 1947 section or the Act of July 31, 1947, the Sec- f (commonly known as the Materials Act of retary of the Army may use, without appli- 1947; 30 U.S.C. 601 et seq.). cation to the Secretary of the Interior, the TEXAS NATIONAL FORESTS (4) USE OF MINERAL MATERIALS.—Notwith- sand, gravel, or similar mineral material re- IMPROVEMENT ACT OF 1999 standing any other provision of this sub- sources on the lands described in paragraphs The Senate proceeded to consider the section or the Act of July 31, 1947, the Sec- (1) and (3), of the type subject to disposition under the Act of July 31, 1947, when the use bill (H.R. 4285) to authorize the Sec- retary of the Air Force may use, without ap- plication to the Secretary of the Interior, of such resources is required for construction retary of Agriculture to convey certain the sand, gravel, or similar mineral material needs on the Yakima Training Center, Wash- administrative sites for National For- resources on the lands described in para- ington. est System Lands in the State of graph (1), of the type subject to disposition The committee amendments were Texas, to convey certain National For- under the Act of July 31, 1947, when the use agreed to. est System land to the New Waverly of such resources is required for construction The bill (S. 2757), as amended, was Gulf Coast Trades Center, and for other needs on Melrose Air Force Range, New Mex- read the third time and passed, as fol- purposes. ico. lows: (b) YAKIMA TRAINING CENTER, WASH- S. 2757 The bill (H.R. 4285) was read the third INGTON.— time and passed. (1) TRANSFER.—Administrative jurisdiction Be it enacted by the Senate and House of Rep- f over the surface estate of the following lands resentatives of the United States of America in is hereby transferred from the Secretary of Congress assembled, TRANSFER AND OTHER DISPOSI- the Interior to the Secretary of the Army: SECTION 1. LAND TRANSFER AND WITHDRAWAL, MELROSE AIR FORCE RANGE, NEW TION OF CERTAIN LANDS AT WILLAMETTE MERIDIAN MELROSE AIR FORCE RANGE, MEXICO, AND YAKIMA TRAINING T. 17 N., R. 20 E. CENTER, WASHINGTON. NEW MEXICO, AND YAKIMA Sec. 22: S1⁄2. (a) MELROSE AIR FORCE RANGE, NEW MEX- TRAINING CENTER, WASHINGTON Sec. 24: S1⁄2SW1⁄4 and that portion of the ICO.— 1 The Senate proceeded to consider the E ⁄2 lying south of the Interstate Highway 90 (1) TRANSFER.—Administrative jurisdiction right-of-way. over the surface estate of the following lands bill (S. 2757) to provide for the transfer Sec. 26: All. and other disposition of certain lands is hereby transferred from the Secretary of T. 16 N., R. 21 E. the Interior to the Secretary of the Air at Melrose Air Force Range, New Mex- Sec. 4: SW1⁄4SW1⁄4. Force: Sec. 12: øSW1⁄4.¿ SE1⁄4. ico, and Yakima Training Center, NEW MEXICO PRINCIPAL MERIDIAN Washington, which had been reported Sec. 18: Lots 1, 2, 3, and 4, E1⁄2 and E1⁄2W1⁄2. T. 17 N., R. 21 E. T. 1 N., R. 30 E. from the Committee on Energy and 1 Sec. 30: Lots 3 and 4. Sec. 2: S ⁄2. Natural Resources, with amendments Sec. 11: All. Sec. 32: NE1⁄4SE1⁄4. as follows: T. 16 N., R. 22 E. Sec. 20: S1⁄2SE1⁄4. (Omit the parts in black brackets and Sec. 2: Lots 1, 2, 3, and 4, S1⁄2N1⁄2 and S1⁄2. Sec. 28: All. insert the part printed in italic) Sec. 4: Lots 1, 2, 3, and 4, S1⁄2N1⁄2 and S1⁄2. T. 1 S., R. 30 E. 1 S. 2757 Sec. 10: All. Sec. 2: Lots 1–12, S ⁄2. Sec. 3: Lots 1–12, S1⁄2. Be it enacted by the Senate and House of Rep- Sec. 14: All. 1 1 Sec. 4: Lots 1–12, S1⁄2. resentatives of the United States of America in Sec. 20: SE ⁄4SW ⁄4. Sec. 22: All. Sec. 6: Lots 1 and 2. Congress assembled, 1 1 1 Sec. 26: N1⁄2. Sec. 9: N ⁄2, N ⁄2S ⁄2. SECTION 1. LAND TRANSFER AND WITHDRAWAL, 1 1 1 Sec. 28: N1⁄2. Sec. 10: N ⁄2, N ⁄2S ⁄2. MELROSE AIR FORCE RANGE, NEW Sec. 11: N1⁄2, N1⁄2S1⁄2. MEXICO, AND YAKIMA TRAINING T. 16 N., R. 23 E. 1 1 1 1 T. 2 N., R. 30 E. CENTER, WASHINGTON. Sec. 18: Lots 3 and 4, E ⁄2SW ⁄4, W ⁄2SE ⁄4, 1 1 Sec. 20: E1⁄2SE1⁄4. (a) MELROSE AIR FORCE RANGE, NEW MEX- and that portion of the E ⁄2SE ⁄4 lying west- Sec. 21: SW1⁄4, W1⁄2SE1⁄4. ICO.— erly of the westerly right-of-way line of Sec. 28: W1⁄2E1⁄2, W1⁄2. (1) TRANSFER.—Administrative jurisdiction Huntzinger Road. 1 Sec. 29: E1⁄2E1⁄2. over the surface estate of the following lands Sec. 20: That portion of the SW ⁄4 lying Sec. 32: E1⁄2E1⁄2. is hereby transferred from the Secretary of westerly of the easterly right-of-way line of Sec. 33: W1⁄2E1⁄2, NW1⁄4, S1⁄2SW1⁄4. the Interior to the Secretary of the Air the railroad. 1 1 1 Aggregating 6,713.90 acres, more or less. Force: Sec. 30: Lots 1 and 2, NE ⁄4 and E ⁄2NW ⁄4. Aggregating 6,640.02 acres. (2) STATUS OF SURFACE ESTATE.—Upon ø ¿ NEW MEXICO PRIME PRINCIPAL MERIDIAN (2) STATUS OF SURFACE ESTATE.—Upon transfer of the surface estate of the lands de- T. 1 N., R. 30 E. transfer of the surface estate of the lands de- scribed in paragraph (1), the surface estate Sec. 2: S1⁄2. scribed in paragraph (1), the surface estate shall be treated as real property subject to Sec. 11: All. shall be treated as real property subject to the Federal Property and Administrative Sec. 20: S1⁄2SE1⁄4. the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). Sec. 28: All. Services Act of 1949 (40 U.S.C 471 et seq.). (3) WITHDRAWAL OF MINERAL ESTATE.—Sub- T. 1 S., R. 30 E. (3) WITHDRAWAL OF MINERAL ESTATE.—Sub- ject to valid existing rights, the mineral es- Sec. 2: Lots 1–12, S1⁄2. ject to valid existing rights, the mineral es- tate of the lands described in paragraph (1) is

VerDate 11-MAY-2000 23:31 Oct 06, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.173 pfrm02 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9987 withdrawn from all forms of appropriation Aggregating 3,090.80 acres. been reported from the Committee on under the public land laws, including the (4) USE OF MINERAL MATERIALS.—Notwith- Energy and Natural Resources, with mining laws and the mineral and geothermal standing any other provision of this sub- amendments as follows: leasing laws, but not the Act of July 31, 1947 section or the Act of July 31, 1947, the Sec- (Omit the part in black brackets and (commonly known as the Materials Act of retary of the Army may use, without appli- insert the part printed in italic) 1947; 30 U.S.C. 601 et seq.). cation to the Secretary of the Interior, the (4) USE OF MINERAL MATERIALS.—Notwith- sand, gravel, or similar mineral material re- S. 2885 standing any other provision of this sub- sources on the lands described in paragraphs Be it enacted by the Senate and House of Rep- section or the Act of July 31, 1947, the Sec- (1) and (3), of the type subject to disposition resentatives of the United States of America in retary of the Air Force may use, without ap- under the Act of July 31, 1947, when the use Congress assembled, plication to the Secretary of the Interior, of such resources is required for construction SECTION 1. SHORT TITLE. the sand, gravel, or similar mineral material needs on the Yakima Training Center, Wash- This Act may be cited as the ‘‘Jamestown resources on the lands described in para- ington. 400th Commemoration Commission Act of 2000’’. graph (1), of the type subject to disposition f under the Act of July 31, 1947, when the use SEC. 2. FINDINGS AND PURPOSE. of such resources is required for construction INTERPRETIVE CENTER AND MU- (a) FINDINGS.—Congress finds that— needs on Melrose Air Force Range, New Mex- SEUM, DIAMOND VALLEY LAKE, (1) the founding of the colony at James- ico. HEMET, CALIFORNIA town, Virginia in 1607, the first permanent (b) YAKIMA TRAINING CENTER, WASH- English colony in the New World, and the INGTON.— The Senate proceeded to consider the capital of Virginia for 92 years, has major (1) TRANSFER.—Administrative jurisdiction bill (S. 2977) to assist the establishment significance in the history of the United over the surface estate of the following lands of an interpretive center and museum States; is hereby transferred from the Secretary of in the vicinity of the Diamond Valley (2) the settlement brought people from the Interior to the Secretary of the Army: Lake in southern California to ensure throughout the Atlantic Basin together to form a multicultural society, including WILLAMETTE MERIDIAN the protection and interpretation of T. 17 N., R. 20 E. English, other Europeans, Native Americans, the paleontology discoveries made at and Africans; Sec. 22: S1⁄2. the lake and to develop a trail system (3) the economic, political, religious, and Sec. 24: S1⁄2SW1⁄4 and that portion of the for the lake for use by pedestrians and social institutions that developed during the E1⁄2 lying south of the Interstate Highway 90 right-of-way. nonmotorized vehicles. first 9 decades of the existence of Jamestown Sec. 26: All. The bill (S. 2977) was read the third continue to have profound effects on the T. 16 N., R. 21 E. time and passed, as follows: United States, particularly in English com- mon law and language, cross cultural rela- Sec. 4: SW1⁄4SW1⁄4. S. 2977 tionships, and economic structure and sta- Sec. 12: SE1⁄4. Be it enacted by the Senate and House of Rep- tus; Sec. 18: Lots 1, 2, 3, and 4, E1⁄2 and E1⁄2W1⁄2. resentatives of the United States of America in T. 17 N., R. 21 E. (4) the National Park Service, the Associa- Sec. 30: Lots 3 and 4. Congress assembled, tion for the Preservation of Virginia Antiq- 1 1 SECTION 1. INTERPRETIVE CENTER AND MU- uities, and the Jamestown-Yorktown Foun- Sec. 32: NE ⁄4SE ⁄4. T. 16 N., R. 22 E. SEUM, DIAMOND VALLEY LAKE, dation of the Commonwealth of Virginia col- HEMET, CALIFORNIA. lectively own and operate significant re- Sec. 2: Lots 1, 2, 3, and 4, S1⁄2N1⁄2 and S1⁄2. (a) ASSISTANT FOR ESTABLISHMENT OF CEN- sources related to the early history of Sec. 4: Lots 1, 2, 3, and 4, S1⁄2N1⁄2 and S1⁄2. TER AND MUSEUM.—The Secretary of the In- Sec. 10: All. Jamestown; and terior shall enter into an agreement with an Sec. 14: All. (5) in 1996— appropriate entity for the purpose of sharing (A) the Commonwealth of Virginia des- Sec. 20: SE1⁄4SW1⁄4. costs incurred to design, construct, furnish, ignated the Jamestown-Yorktown Founda- Sec. 22: All. and operate an interpretive center and mu- tion as the State agency responsible for Sec. 26: N1⁄2. seum, to be located on lands under the juris- planning and implementing the Common- Sec. 28: N1⁄2. diction of the Metropolitan Water District of wealth’s portion of the commemoration of T. 16 N., R. 23 E. Southern California, intended to preserve, the 400th anniversary of the founding of the Sec. 18: Lots 3 and 4, E1⁄2SW1⁄4, W1⁄2SE1⁄4, display, and interpret the paleontology dis- Jamestown settlement; and that portion of the E1⁄2SE1⁄4 lying west- coveries made at and in the vicinity of the (B) the Foundation created the Celebration erly of the westerly right-of-way line of Diamond Valley Lake, near Hemet, Cali- 2007 Steering Committee, known as the Huntzinger Road. fornia, and to promote other historical and Jamestown 2007 Steering Committee; and Sec. 20: That portion of the SW1⁄4 lying cultural resources of the area. (C) planning for the commemoration westerly of the easterly right-of-way line of (b) ASSISTANCE FOR NONMOTORIZED began. the railroad. TRAILS.—The Secretary shall enter into an (b) PURPOSE.—The purpose of this Act is to Sec. 30: Lots 1 and 2, NE1⁄4 and E1⁄2NW1⁄4. agreement with the State of California, a po- establish the Jamestown 400th Commemora- Aggregating 6,640.02 acres. litical subdivision of the State, or a com- tion Commission to— (2) STATUS OF SURFACE ESTATE.—Upon bination of State and local public agencies (1) ensure a suitable national observance of transfer of the surface estate of the lands de- for the purpose of sharing costs incurred to the Jamestown 2007 anniversary by comple- scribed in paragraph (1), the surface estate design, construct, and maintain a system of menting the programs and activities of the shall be treated as real property subject to trails around the perimeter of the Diamond øState¿ Commonwealth of Virginia; the Federal Property and Administrative Valley Lake for use by pedestrians and non- (2) cooperate with and assist the programs Services Act of 1949 (40 U.S.C 471 et seq.). motorized vehicles. and activities of the State in observance of (3) WITHDRAWAL OF MINERAL ESTATE.—Sub- (c) MATCHING REQUIREMENT.—The Sec- the Jamestown 2007 anniversary; ject to valid existing rights, the mineral es- retary shall require the other parties to an (3) assist in ensuring that Jamestown 2007 tate of the lands described in paragraph (1) agreement under this section to secure an observances provide an excellent visitor ex- and of the following lands are withdrawn amount of funds from non-Federal sources perience and beneficial interaction between from all forms of appropriation under the that is at least equal to the amount provided visitors and the natural and cultural re- public land laws, including the mining laws by the Secretary. sources of the Jamestown sites; and the geothermal leasing laws, but not the (d) TIME FOR AGREEMENT.—The Secretary (4) assist in ensuring that the Jamestown Act of July 31, 1947 (commonly known as the shall enter into the agreements required by 2007 observances are inclusive and appro- Materials Act of 1947; 30 U.S.C. 601 et seq.) this section not later than 180 days after the priately recognize the experiences of all peo- and the Mineral Leasing Act (30 U.S.C. 181 et date on which funds are first made available ple present in 17th century Jamestown; seq.): to carry out this section. (5) provide assistance to the development WILLAMETTE MERIDIAN (e) AUTHORIZATION OF APPROPRIATIONS.— of Jamestown-related programs and activi- T. 16 N., R. 20 E. There is authorized to be appropriated not ties; Sec. 12: All. more than $14,000,000 to carry out this sec- (6) facilitate international involvement in Sec. 18: Lot 4 and SE1⁄4. tion. the Jamestown 2007 observances; Sec. 20: S1⁄2. f (7) support and facilitate marketing efforts T. 16 N., R. 21 E. for a commemorative coin, stamp, and re- Sec. 4: Lots 1, 2, 3, and 4, S1⁄2NE1⁄2. JAMESTOWN 400TH lated activities for the Jamestown 2007 ob- Sec. 8: All. COMMEMORATION COMMISSION servances; and T. 16 N., R. 22 E. (8) assist in the appropriate development of Sec. 12: All. The Senate proceeded to consider the heritage tourism and economic benefits to T. 17 N., R. 21 E. bill (S. 2885) to establish the James- the United States. Sec. 32: S1⁄2SE1⁄4. town 400th Commemoration Commis- SEC. 3. DEFINITIONS. Sec. 34: W1⁄2. sion, and for other purposes, which has In this Act:

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(1) COMMEMORATION.—The term ‘‘com- (B) generally facilitate Jamestown-related United States Code, while away from the memoration’’ means the commemoration of activities throughout the United States; home or regular place of business of the the 400th anniversary of the founding of the (C) encourage civic, patriotic, historical, member in the performance of the duties of Jamestown settlement. educational, religious, economic, and other the Commission. (2) COMMISSION.—The term ‘‘Commission’’ organizations throughout the United States (2) STAFF.— means the Jamestown 400th Commemoration to organize and participate in anniversary (A) IN GENERAL.—The Chairperson of the Commission established by section 4(a). activities to expand the understanding and Commission may, without regard to the civil (3) GOVERNOR.—The term ‘‘Governor’’ appreciation of the significance of the found- service laws (including regulations), appoint means the Governor of øthe State.¿ Virginia. ing and early history of Jamestown; and terminate an executive director and (4) SECRETARY.—The term ‘‘Secretary’’ (D) coordinate and facilitate for the public such other additional personnel as are nec- means the Secretary of the Interior. scholarly research on, publication about, and essary to enable the Commission to perform ø(5) STATE.— interpretation of, Jamestown; and the duties of the Commission. ø(A) IN GENERAL.—The term ‘‘State’’ means (E) ensure that the 400th anniversary of (B) CONFIRMATION OF EXECUTIVE DIREC- the State of Virginia. Jamestown provides a lasting legacy and TOR.—The employment of an executive direc- ø(B) INCLUSIONS.—The term ‘‘State’’ in- long-term public benefit by assisting in the tor shall be subject to confirmation by the cludes agencies and entities of the State.¿ development of appropriate programs and fa- Commission. (5) STATE.—The term ‘‘State’’ means the Com- cilities. (3) COMPENSATION.— monwealth of Virginia, including agencies and (2) PLANS; REPORTS.— (A) IN GENERAL.—Except as provided in entities of the Commonwealth. (A) STRATEGIC PLAN; ANNUAL PERFORMANCE subparagraph (B), the Chairperson of the PLANS.—In accordance with the Government SEC. 4. JAMESTOWN 400TH COMMEMORATION Commission may fix the compensation of the COMMISSION. Performance and Results Act of 1993 (Public executive director and other personnel with- Law 103–62; 107 Stat. 285), the Commission (a) IN GENERAL.—There is established a out regard to the provisions of chapter 51 and shall prepare a strategic plan and annual commission to be known as the ‘‘Jamestown subchapter III of chapter 53 of title 5, United performance plans for the activities of the 400th Commemoration Commission’’. States Code, relating to classification of po- Commission carried out under this Act. (b) MEMBERSHIP.— sitions and General Schedule pay rates. (B) FINAL REPORT.—Not later than Sep- (1) IN GENERAL.—The Commission shall be (B) MAXIMUM RATE OF PAY.—The rate of tember 30, 2008, the Commission shall com- composed of ø16 members,¿ 15 members, of pay for the executive director and other per- plete a final report that contains— sonnel shall not exceed the rate payable for whom— (i) a summary of the activities of the Com- (A) 4 members shall be appointed by the level V of the Executive Schedule under sec- mission; tion 5316 of title 5, United States Code. Secretary, taking into consideration the rec- (ii) a final accounting of funds received and (4) DETAIL OF GOVERNMENT EMPLOYEES.— ommendations of the Chairperson of the expended by the Commission; and (A) FEDERAL EMPLOYEES.— Jamestown 2007 Steering Committee; (iii) the findings and recommendations of (B) 4 members shall be appointed by the (i) IN GENERAL.—On the request of the the Commission. Commission, the head of any Federal agency Secretary, taking into consideration the rec- (d) POWERS OF THE COMMISSION.—The Com- may detail, on a reimbursable or non-reim- ommendations of the Governor; mission may— bursable basis, any of the personnel of the (C) 2 members shall be employees of the (1) accept donations and make dispersions National Park Service, of which— of money, personal services, and real and agency to the Commission to assist the Com- (i) 1 shall be the Director of the National personal property related to Jamestown and mission in carrying out the duties of the Park Service (or a designee); and of the significance of Jamestown in the his- Commission under this Act. (ii) 1 shall be an employee of the National tory of the United States; (ii) CIVIL SERVICE STATUS.—The detail of an Park Service having experience relevant to (2) appoint such advisory committees as employee under clause (i) shall be without the commemoration, to be appointed by the the Commission determines to be necessary interruption or loss of civil service status or Secretary; and to carry out this Act; privilege. (D) 5 members shall be individuals that (3) authorize any member or employee of (B) STATE EMPLOYEES.—The Commission have an interest in, support for, and exper- the Commission to take any action that the may— tise appropriate to, the commemoration, to Commission is authorized to take by this (i) accept the services of personnel detailed be appointed by the Secretary. Act; from States (including subdivisions of (2) TERM; VACANCIES.— (4) procure supplies, services, and property, States); and (A) TERM.—A member of the Commission and make or enter into contracts, leases or (ii) reimburse States for services of de- shall be appointed for the life of the Commis- other legal agreements, to carry out this Act tailed personnel. sion. (except that any contracts, leases or other (5) VOLUNTEER AND UNCOMPENSATED SERV- (B) VACANCIES.— legal agreements made or entered into by ICES.—Notwithstanding section 1342 of title (i) IN GENERAL.—A vacancy on the Commis- the Commission shall not extend beyond the 31, United States Code, the Commission may sion shall be filled in the same manner in date of termination of the Commission); accept and use voluntary and uncompensated which the original appointment was made. (5) use the United States mails in the same services as the Commission determines nec- (ii) PARTIAL TERM.—A member appointed manner and under the same conditions as essary. to fill a vacancy on the Commission shall other Federal agencies; (6) SUPPORT SERVICES.—The Director of the serve for the remainder of the term for which (6) subject to approval by the Commission, National Park Service shall provide to the the predecessor of the member was ap- make grants in amounts not to exceed $10,000 Commission, on a reimbursable basis, such pointed. to communities and nonprofit organizations administrative support services as the Com- (3) MEETINGS.— to develop programs to assist in the com- mission may request. (A) IN GENERAL.—The Commission shall memoration; (f) PROCUREMENT OF TEMPORARY AND INTER- meet— (7) make grants to research and scholarly MITTENT SERVICES.—The Chairperson of the (i) at least twice each year; or organizations to research, publish, or dis- Commission may procure temporary and (ii) at the call of the Chairperson or the tribute information relating to the early his- intermittent services in accordance with sec- majority of the members of the Commission. tory of Jamestown; and tion 3109(b) of title 5, United States Code, at (B) INITIAL MEETING.—Not later than 30 (8) provide technical assistance to States, rates for individuals that do not exceed the days after the date on which all members of localities, and nonprofit organizations to daily equivalent of the annual rate of basic the Commission have been appointed, the further the commemoration. pay prescribed for level V of the Executive Commission shall hold the initial meeting of (e) COMMISSION PERSONNEL MATTERS.— Schedule under section 5316 of that title. the Commission. (1) COMPENSATION OF MEMBERS OF THE COM- (g) FACA NONAPPLICABILITY.—Section 14(b) (4) VOTING.— MISSION.— of the Federal Advisory Committee Act (5 (A) IN GENERAL.—The Commission shall act (A) IN GENERAL.—Except as provided in U.S.C. App.) shall not apply to the Commis- only on an affirmative vote of a majority of subparagraph (B), a member of the Commis- sion. the members of the Commission. sion shall serve without compensation. (h) NO EFFECT ON AUTHORITY.—Nothing in (B) QUORUM.—A majority of the Commis- (B) FEDERAL EMPLOYEES.—A member of the this section supersedes the authority of the sion shall constitute a quorum. Commission who is an officer or employee of State, the National Park Service, or the As- (5) CHAIRPERSON.—The Secretary shall ap- the Federal Government shall serve without sociation for the Preservation of Virginia point a Chairperson of the Commission, tak- compensation in addition to the compensa- Antiquities, concerning the commemoration. ing into consideration any recommendations tion received for the services of the member (i) TERMINATION.—The Commission shall of the Governor. as an officer or employee of the Federal Gov- terminate on December 31, 2008. (c) DUTIES.— ernment. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (1) IN GENERAL.—The Commission shall— (C) TRAVEL EXPENSES.—A member of the There are authorized to be appropriated (A) plan, develop, and execute programs Commission shall be allowed travel expenses, such sums as are necessary to carry out this and activities appropriate to commemorate including per diem in lieu of subsistence, at Act. the 400th anniversary of the founding of rates authorized for an employee of an agen- The committee amendment in the Jamestown; cy under subchapter I of chapter 57 of title 5, nature of a substitute was agreed to.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.177 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9989 The bill (S. 3000), as amended, was (6) facilitate international involvement in (1) IN GENERAL.—The Commission shall— read the third time and passed. the Jamestown 2007 observances; (A) plan, develop, and execute programs The title was amended so as to read: (7) support and facilitate marketing efforts and activities appropriate to commemorate ‘‘To authorize the exchange of land be- for a commemorative coin, stamp, and re- the 400th anniversary of the founding of lated activities for the Jamestown 2007 ob- Jamestown; tween the Secretary of the Interior and servances; and (B) generally facilitate Jamestown-related the Director of Central Intelligence at (8) assist in the appropriate development of activities throughout the United States; the George Washington Memorial heritage tourism and economic benefits to (C) encourage civic, patriotic, historical, Parkway in McLean, Virginia, and for the United States. educational, religious, economic, and other other purposes.’’ SEC. 3. DEFINITIONS. organizations throughout the United States The committee amendments were In this Act: to organize and participate in anniversary activities to expand the understanding and agreed to. (1) COMMEMORATION.—The term ‘‘com- The bill (S. 2885), as amended, was memoration’’ means the commemoration of appreciation of the significance of the found- ing and early history of Jamestown; read the third time and passed, as fol- the 400th anniversary of the founding of the Jamestown settlement. (D) coordinate and facilitate for the public lows: scholarly research on, publication about, and (2) COMMISSION.—The term ‘‘Commission’’ S. 2885 means the Jamestown 400th Commemoration interpretation of, Jamestown; and Be it enacted by the Senate and House of Rep- Commission established by section 4(a). (E) ensure that the 400th anniversary of Jamestown provides a lasting legacy and resentatives of the United States of America in (3) GOVERNOR.—The term ‘‘Governor’’ Congress assembled, means the Governor of Virginia. long-term public benefit by assisting in the development of appropriate programs and fa- SECTION 1. SHORT TITLE. (4) SECRETARY.—The term ‘‘Secretary’’ cilities. This Act may be cited as the ‘‘Jamestown means the Secretary of the Interior. (2) PLANS; REPORTS.— 400th Commemoration Commission Act of (5) STATE.—The term ‘‘State’’ means the (A) STRATEGIC PLAN; ANNUAL PERFORMANCE 2000’’. Commonwealth of Virginia, including agen- PLANS.—In accordance with the Government cies and entities of the Commonwealth. SEC. 2. FINDINGS AND PURPOSE. Performance and Results Act of 1993 (Public (a) FINDINGS.—Congress finds that— SEC. 4. JAMESTOWN 400TH COMMEMORATION Law 103–62; 107 Stat. 285), the Commission (1) the founding of the colony at James- COMMISSION. shall prepare a strategic plan and annual town, Virginia in 1607, the first permanent (a) IN GENERAL.—There is established a performance plans for the activities of the English colony in the New World, and the commission to be known as the ‘‘Jamestown Commission carried out under this Act. capital of Virginia for 92 years, has major 400th Commemoration Commission’’. (B) FINAL REPORT.—Not later than Sep- significance in the history of the United (b) MEMBERSHIP.— tember 30, 2008, the Commission shall com- States; (1) IN GENERAL.—The Commission shall be plete a final report that contains— (2) the settlement brought people from composed of 15 members, of whom— (i) a summary of the activities of the Com- throughout the Atlantic Basin together to (A) 4 members shall be appointed by the mission; form a multicultural society, including Secretary, taking into consideration the rec- (ii) a final accounting of funds received and English, other Europeans, Native Americans, ommendations of the Chairperson of the expended by the Commission; and and Africans; Jamestown 2007 Steering Committee; (iii) the findings and recommendations of (3) the economic, political, religious, and (B) 4 members shall be appointed by the the Commission. social institutions that developed during the Secretary, taking into consideration the rec- (d) POWERS OF THE COMMISSION.—The Com- first 9 decades of the existence of Jamestown ommendations of the Governor; mission may— continue to have profound effects on the (C) 2 members shall be employees of the (1) accept donations and make dispersions United States, particularly in English com- National Park Service, of which— of money, personal services, and real and mon law and language, cross cultural rela- (i) 1 shall be the Director of the National personal property related to Jamestown and tionships, and economic structure and sta- Park Service (or a designee); and of the significance of Jamestown in the his- tus; (ii) 1 shall be an employee of the National tory of the United States; (4) the National Park Service, the Associa- Park Service having experience relevant to (2) appoint such advisory committees as tion for the Preservation of Virginia Antiq- the commemoration, to be appointed by the the Commission determines to be necessary uities, and the Jamestown-Yorktown Foun- Secretary; and to carry out this Act; dation of the Commonwealth of Virginia col- (D) 5 members shall be individuals that (3) authorize any member or employee of lectively own and operate significant re- have an interest in, support for, and exper- the Commission to take any action that the sources related to the early history of tise appropriate to, the commemoration, to Commission is authorized to take by this Jamestown; and be appointed by the Secretary. Act; (5) in 1996— (2) TERM; VACANCIES.— (4) procure supplies, services, and property, (A) the Commonwealth of Virginia des- (A) TERM.—A member of the Commission and make or enter into contracts, leases or ignated the Jamestown-Yorktown Founda- shall be appointed for the life of the Commis- other legal agreements, to carry out this Act tion as the State agency responsible for sion. (except that any contracts, leases or other planning and implementing the Common- (B) VACANCIES.— legal agreements made or entered into by wealth’s portion of the commemoration of (i) IN GENERAL.—A vacancy on the Commis- the Commission shall not extend beyond the the 400th anniversary of the founding of the sion shall be filled in the same manner in date of termination of the Commission); Jamestown settlement; which the original appointment was made. (5) use the United States mails in the same (B) the Foundation created the Celebration (ii) PARTIAL TERM.—A member appointed manner and under the same conditions as 2007 Steering Committee, known as the to fill a vacancy on the Commission shall other Federal agencies; Jamestown 2007 Steering Committee; and serve for the remainder of the term for which (6) subject to approval by the Commission, (C) planning for the commemoration the predecessor of the member was ap- make grants in amounts not to exceed $10,000 began. pointed. to communities and nonprofit organizations (b) PURPOSE.—The purpose of this Act is to (3) MEETINGS.— to develop programs to assist in the com- establish the Jamestown 400th Commemora- (A) IN GENERAL.—The Commission shall memoration; tion Commission to— meet— (7) make grants to research and scholarly (1) ensure a suitable national observance of (i) at least twice each year; or organizations to research, publish, or dis- the Jamestown 2007 anniversary by comple- (ii) at the call of the Chairperson or the tribute information relating to the early his- menting the programs and activities of the majority of the members of the Commission. tory of Jamestown; and Commonwealth of Virginia; (B) INITIAL MEETING.—Not later than 30 (8) provide technical assistance to States, (2) cooperate with and assist the programs days after the date on which all members of localities, and nonprofit organizations to and activities of the State in observance of the Commission have been appointed, the further the commemoration. the Jamestown 2007 anniversary; Commission shall hold the initial meeting of (e) COMMISSION PERSONNEL MATTERS.— (3) assist in ensuring that Jamestown 2007 the Commission. (1) COMPENSATION OF MEMBERS OF THE COM- observances provide an excellent visitor ex- (4) VOTING.— MISSION.— perience and beneficial interaction between (A) IN GENERAL.—The Commission shall act (A) IN GENERAL.—Except as provided in visitors and the natural and cultural re- only on an affirmative vote of a majority of subparagraph (B), a member of the Commis- sources of the Jamestown sites; the members of the Commission. sion shall serve without compensation. (4) assist in ensuring that the Jamestown (B) QUORUM.—A majority of the Commis- (B) FEDERAL EMPLOYEES.—A member of the 2007 observances are inclusive and appro- sion shall constitute a quorum. Commission who is an officer or employee of priately recognize the experiences of all peo- (5) CHAIRPERSON.—The Secretary shall ap- the Federal Government shall serve without ple present in 17th century Jamestown; point a Chairperson of the Commission, tak- compensation in addition to the compensa- (5) provide assistance to the development ing into consideration any recommendations tion received for the services of the member of Jamestown-related programs and activi- of the Governor. as an officer or employee of the Federal Gov- ties; (c) DUTIES.— ernment.

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(C) TRAVEL EXPENSES.—A member of the SEC. 5. AUTHORIZATION OF APPROPRIATIONS. approval, and similar expenses with respect to Commission shall be allowed travel expenses, There are authorized to be appropriated the conveyance under this section, shall be including per diem in lieu of subsistence, at such sums as are necessary to carry out this borne by KATY. rates authorized for an employee of an agen- Act. (g) ASSUMPTION OF LIABILITY.—By acceptance cy under subchapter I of chapter 57 of title 5, f of the conveyance of the parcel of real property United States Code, while away from the referred to in subsection (a), KATY, and its suc- home or regular place of business of the COLORADO CANYONS NATIONAL cessors and assigns will indemnify and hold member in the performance of the duties of CONSERVATION AREA AND harmless the United States for any and all li- the Commission. BLACK RIDGE CANYONS WILDER- ability to General Telephone and Electronics (2) STAFF.— Corporation (also known as ‘‘GTE’’ ) KATY, NESS ACT OF 2000 (A) IN GENERAL.—The Chairperson of the and any third party that is associated with the Commission may, without regard to the civil The Senate proceeded to consider the parcel, including liability for any buildings or service laws (including regulations), appoint bill (H.R. 4275) to establish the Colo- personal property on the parcel belonging to and terminate an executive director and rado National Conservation Area and GTE and any other third parties. such other additional personnel as are nec- the Black Ridge Canyons Wilderness, (h) TREATMENT OF RECEIPTS.—All funds re- essary to enable the Commission to perform ceived pursuant to this section shall be depos- the duties of the Commission. and for other purposes. ited in the fund established under Public Law (B) CONFIRMATION OF EXECUTIVE DIREC- The bill (H.R. 4275) was read the third 90–171 (16 U.S.C. 484a; commonly known as the TOR.—The employment of an executive direc- time and passed. Sisk Act), and the funds shall remain available tor shall be subject to confirmation by the f to the Secretary, until expended, for the acquisi- Commission. tion of lands, waters, and interests in land for (3) COMPENSATION.— LAND CONVEYANCE AND SETTLE- the inclusion in the San Bernardino National (A) IN GENERAL.—Except as provided in MENT, SAN BERNARDINO NA- Forest. subparagraph (B), the Chairperson of the TIONAL FOREST, CALIFORNIA TO (i) RECEIPTS ACT AMENDMENT.—The Act of Commission may fix the compensation of the KATY June 15, 1938 (Chapter 438:52 Stat. 699), as executive director and other personnel with- amended by the Acts of May 26, 1944 (58 Stat. out regard to the provisions of chapter 51 and The Senate proceeded to consider the 227), is further amended— subchapter III of chapter 53 of title 5, United bill (S. 2111) to direct the Secretary of (1) by striking the comma after the words States Code, relating to classification of po- Agriculture to convey for fair market ‘‘Secretary of Agriculture’’; sitions and General Schedule pay rates. value 1.06 acres of land in the San (2) by striking the words ‘‘with the approval (B) MAXIMUM RATE OF PAY.—The rate of Bernardino National Forest, California, of the National Forest Reservation Commission established by section 4 of the Act of March 1, pay for the executive director and other per- to KATY 101.3 FM, a California Cor- sonnel shall not exceed the rate payable for 1911 (16 U.S.C. 513),’’; level V of the Executive Schedule under sec- poration, which had been reported by (3) by inserting the words ‘‘, real property or tion 5316 of title 5, United States Code. the Committee on Energy and Natural interests in lands,’’ after the word ‘‘lands’’ the (4) DETAIL OF GOVERNMENT EMPLOYEES.— Resources with an amendment as fol- first time it is used; (A) FEDERAL EMPLOYEES.— lows: (4) by striking ‘‘San Bernardino and Cleve- land’’ and inserting ‘‘counties of San (i) IN GENERAL.—On the request of the (Strike out all after the enacting clause Bernardino, Cleveland and Los Angeles’’; Commission, the head of any Federal agency and insert the part printed in italic) may detail, on a reimbursable or non-reim- (5) by striking ‘‘county of Riverside’’ each SECTION 1. LAND CONVEYANCE AND SETTLE- place it appears and inserting ‘‘counties of Riv- bursable basis, any of the personnel of the MENT, SAN BERNARDINO NATIONAL agency to the Commission to assist the Com- FOREST, CALIFORNIA. erside and San Bernardino’’; (6) by striking ‘‘as to minimize soil erosion mission in carrying out the duties of the (a) CONVEYANCE REQUIRED.—Subject to valid and flood damage’’ and inserting ‘‘for National Commission under this Act. existing rights and settlement of claims as pro- Forest System purposes’’; and (ii) CIVIL SERVICE STATUS.—The detail of an vided in this section, the Secretary of Agri- (7) after the ‘‘Provided further, That’’, by employee under clause (i) shall be without culture shall convey to KATY 101.3 FM (in this striking the remainder of the sentence to the end interruption or loss of civil service status or section referred to as ‘‘KATY’’ ) all right, title of the paragraph, and inserting ‘‘twelve and privilege. and interest of the United States in and to a one-half percent of the monies otherwise pay- (B) STATE EMPLOYEES.—The Commission parcel of real property consisting of approxi- able to the State of California for the benefit of may— mately 1.06 acres within the San Bernardino San Bernardino County under the aforemen- (i) accept the services of personnel detailed National Forest in Riverside County, California, tioned Act of March 1, 1911 (16 U.S.C. 500) shall from States (including subdivisions of generally located in the north 1⁄2 of section 23, be available to be appropriated for expenditure States); and township 5 south, range 2 east, San Bernardino in furtherance of this Act. (ii) reimburse States for services of de- meridian. The committee amendment in the tailed personnel. (b) LEGAL DESCRIPTION.—The Secretary and (5) VOLUNTEER AND UNCOMPENSATED SERV- KATY shall, by mutual agreement, prepare the nature of a substitute was agreed to. ICES.—Notwithstanding section 1342 of title legal description of the parcel of real property to The bill (S. 2111), as amended, was 31, United States Code, the Commission may be conveyed under subsection (a), which is gen- read the third time and passed. accept and use voluntary and uncompensated erally depicted as Exhibit A–2 in an appraisal f services as the Commission determines nec- report of the subject parcel dated August 26, essary. 1999, by Paul H. Meiling. GREAT SAND DUNES NATIONAL (6) SUPPORT SERVICES.—The Director of the (c) CONSIDERATION.—Consideration for the PARK ACT OF 2000 National Park Service shall provide to the conveyance under subsection (a) shall be equal Commission, on a reimbursable basis, such The Senate proceeded to consider the to the appraised fair market value of the parcel bill (S. 2547) to provide for the estab- administrative support services as the Com- of real property to be conveyed. Any appraisal mission may request. to determine the fair market value of the parcel lishment of the Great Sand Dunes Na- (f) PROCUREMENT OF TEMPORARY AND INTER- shall be prepared in conformity with the Uni- tional Park and the Great Sand Dunes MITTENT SERVICES.—The Chairperson of the form Appraisal Standards for Federal Land Ac- National Preserve in the State of Colo- Commission may procure temporary and quisition and approved by the Secretary. rado, and for other purposes, which had intermittent services in accordance with sec- (d) SETTLEMENT.—In addition to the consider- been reported by the Committee on En- tion 3109(b) of title 5, United States Code, at ation referred to in subsection (c), upon the re- ergy and Natural Resources with an rates for individuals that do not exceed the ceipt of $16,600 paid by KATY to the Secretary, amendment to strike out all after the daily equivalent of the annual rate of basic the Secretary shall release KATY from any and enacting clause and insert the part pay prescribed for level V of the Executive all claims of the United States arising from the Schedule under section 5316 of that title. occupancy and use of the San Bernardino Na- printed in italic. tional Forest by KATY for communication site SECTION 1. SHORT TITLE. (g) FACA NONAPPLICABILITY.—Section 14(b) This Act may be cited as the ‘‘Great Sand of the Federal Advisory Committee Act (5 purposes. Dunes National Park Act of 2000’’. U.S.C. App.) shall not apply to the Commis- (e) ACCESS REQUIREMENTS.—Notwithstanding sion. section 1323(a) of the Alaska National Interest SEC. 2. FINDINGS. Lands Conservation Act (16 U.S.C. 3210(a)) or Congress finds that— (h) NO EFFECT ON AUTHORITY.—Nothing in any other law, the Secretary is not required to (1) the Great Sand Dunes National Monument this section supersedes the authority of the provide access over National Forest System in the State of Colorado was established by State, the National Park Service, or the As- lands to the parcel of real property to be con- Presidential proclamation in 1932 to preserve sociation for the Preservation of Virginia veyed under subsection (a). Federal land containing spectacular and unique Antiquities, concerning the commemoration. (f) ADMINISTRATIVE COSTS.—Any costs associ- sand dunes and additional features of scenic, (i) TERMINATION.—The Commission shall ated with the creation of a subdivided parcel, scientific, and educational interest for the ben- terminate on December 31, 2008. recordation of a survey, zoning, and planning efit and enjoyment of future generations;

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.178 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9991 (2) the Great Sand Dunes, together with the National Monument, including lands added to date of enactment of this Act shall remain sub- associated sand sheet and adjacent wetland and the monument pursuant to this Act. ject to the Wilderness Act (16 U.S.C. 1131 et seq.) upland, contain a variety of rare ecological, ge- (5) NATIONAL PARK.—The term ‘‘national and the Colorado Wilderness Act of 1993 (Public ological, paleontological, archaeological, scenic, park’’ means the Great Sand Dunes National Law 103–767; 16 U.S.C. 539i note). historical, and wildlife components, which— Park established in section 4. (b) MAP AND LEGAL DESCRIPTION.—(1) As soon (A) include the unique pulse flow characteris- (6) NATIONAL WILDLIFE REFUGE.—The term as practicable after the establishment of the na- tics of Sand Creek and Medano Creek that are ‘‘wildlife refuge’’ means the Baca National tional park and the preserve, the Secretary shall integral to the existence of the dunes system; Wildlife Refuge established in section 6. file maps and a legal description of the national (B) interact to sustain the unique Great Sand (7) PRESERVE.—The term ‘‘preserve’’ means park and the preserve with the Committee on Dunes system beyond the boundaries of the ex- the Great Sand Dunes National Preserve estab- Energy and Natural Resources of the Senate isting National Monument; lished in section 5. and the Committee on Resources of the House of (C) are enhanced by the serenity and rural (8) RESOURCES.—The term ‘‘resources’’ means Representatives. western setting of the area; and the resources described in section 2. (2) The map and legal description shall have (D) comprise a setting of irreplaceable na- (9) SECRETARY.—The term ‘‘Secretary’’ means the same force and effect as if included in this tional significance; the Secretary of the Interior. Act, except that the Secretary may correct cler- (3) the Great Sand Dunes and adjacent land (10) USES.—The term ‘‘uses’’ means the uses ical and typographical errors in the legal de- within the Great Sand Dunes National described in section 2. scription and maps. Monument— SEC. 4. GREAT SAND DUNES NATIONAL PARK, (3) The map and legal description shall be on (A) provide extensive opportunities for edu- COLORADO. file and available for public inspection in the cational activities, ecological research, and rec- (a) ESTABLISHMENT.—When the Secretary de- appropriate offices of the National Park Service. reational activities; and termines that sufficient land having a sufficient (c) BOUNDARY SURVEY.—As soon as prac- (B) are publicly used for hiking, camping, and diversity of resources has been acquired to war- ticable after the establishment of the national fishing, and for wilderness value (including soli- rant designation of the land as a national park, park and preserve and subject to the availability tude); the Secretary shall establish the Great Sand of funds, the Secretary shall complete an official (4) other public and private land adjacent to Dunes National Park in the State of Colorado, boundary survey. the Great Sand Dunes National Monument— as generally depicted on the map, as a unit of SEC. 6. BACA NATIONAL WILDLIFE REFUGE, COL- (A) offers additional unique geological, the National Park System. Such establishment ORADO. hydrological, paleontological, scenic, scientific, shall be effective upon publication of a notice of (a) ESTABLISHMENT.—(1) When the Secretary educational, wildlife, and recreational re- the Secretary’s determination in the Federal determines that sufficient land has been ac- sources; and Register. quired to constitute an area that can be effi- (B) contributes to the protection of— (b) AVAILABILITY OF MAP.—The map shall be ciently managed as a National Wildlife Refuge, (i) the sand sheet associated with the dune on file and available for public inspection in the the Secretary shall establish the Baca National mass; appropriate offices of the National Park Service. Wildlife Refuge, as generally depicted on the (ii) the surface and ground water systems that map. are necessary to the preservation of the dunes (c) NOTIFICATION.—Until the date on which the national park is established, the Secretary (2) Such establishment shall be effective upon and the adjacent wetland; and publication of a notice of the Secretary’s deter- (iii) the wildlife, viewshed, and scenic quali- shall annually notify the Committee on Energy and Natural Resources of the Senate and the mination in the Federal Register. ties of the Great Sand Dunes National Monu- (b) AVAILABILITY OF MAP.—The map shall be ment; Committee on Resources of the House of Rep- resentatives of— on file and available for public inspection in the (5) some of the private land described in para- appropriate offices of the United States Fish graph (4) contains important portions of the (1) the estimate of the Secretary of the lands necessary to achieve a sufficient diversity of re- and Wildlife Service. sand dune mass, the associated sand sheet, and (c) ADMINISTRATION.—The Secretary shall ad- sources to warrant designation of the national unique alpine environments, which would be minister all lands and interests therein acquired park; and threatened by future development pressures; within the boundaries of the national wildlife (2) the progress of the Secretary in acquiring (6) the designation of a Great Sand Dunes Na- refuge in accordance with the National Wildlife the necessary lands. tional Park, which would encompass the exist- Refuge System Administration Act of 1966 (16 (d) ABOLISHMENT OF NATIONAL MONUMENT.— ing Great Sand Dunes National Monument and U.S.C. 668dd et seq.) and the Act of September (1) On the date of establishment of the national additional land, would provide— 28, 1962 (16 U.S.C. 460k et seq.) (commonly park pursuant to subsection (a), the Great Sand (A) greater long-term protection of the geo- known as the Refuge Recreation Act). Dunes National Monument shall be abolished, logical, hydrological, paleontological, scenic, (d) PROTECTION OF WATER RESOURCES.—In and any funds made available for the purposes scientific, educational, wildlife, and rec- administering water resources for the national of the national monument shall be available for reational resources of the area (including the wildlife refuge, the Secretary shall— the purposes of the national park. sand sheet associated with the dune mass and (1) protect and maintain irrigation water (2) Any reference in any law (other than this the ground water system on which the sand rights necessary for the protection of monument, Act), regulation, document, record, map, or dune and wetland systems depend); and park, preserve, and refuge resources and uses; other paper of the United States to ‘‘Great Sand (B) expanded visitor use opportunities; and (7) land in and adjacent to the Great Sand Dunes National Monument’’ shall be considered (2) minimize, to the extent consistent with the Dunes National Monument is— a reference to ‘‘Great Sand Dunes National protection of national wildlife refuge resources, (A) recognized for the culturally diverse na- Park’’. adverse impacts on other water users. (e) TRANSFER OF JURISDICTION.—Administra- ture of the historical settlement of the area; SEC. 7. ADMINISTRATION OF NATIONAL PARK (B) recognized for offering natural, ecological, tive jurisdiction is transferred to the National AND PRESERVE. Park Service over any land under the jurisdic- wildlife, cultural, scenic, paleontological, wil- (a) IN GENERAL.—The Secretary shall admin- derness, and recreational resources; and tion of the Department of the Interior that— ister the national park and the preserve in ac- (C) recognized as being a fragile and irre- (1) is depicted on the map as being within the cordance with— placeable ecological system that could be de- boundaries of the national park or the preserve; (1) this Act; and stroyed if not carefully protected; and and (2) all laws generally applicable to units of (8) preservation of this diversity of resources (2) is not under the administrative jurisdiction the National Park System, including— would ensure the perpetuation of the entire eco- of the National Park Service on the date of en- (A) the Act entitled ‘‘An Act to establish a Na- system for the enjoyment of future generations. actment of this Act. tional Park Service, and for other purposes’’, SEC. 3. DEFINITIONS. SEC. 5. GREAT SAND DUNES NATIONAL PRE- approved August 25, 1916 (16 U.S.C. 1, 2–4) and In this Act: SERVE, COLORADO. (B) the Act entitled ‘‘An Act to provide for the (1) ADVISORY COUNCIL.—The term ‘‘Advisory (a) ESTABLISHMENT OF GREAT SAND DUNES preservation of historic American sites, build- Council’’ means the Great Sand Dunes National NATIONAL PRESERVE.—(1) There is hereby estab- ings, objects, and antiquities of national signifi- Park Advisory Council established under section lished the Great Sand Dunes National Preserve cance, and for other purposes’’, approved Au- 8(a). in the State of Colorado, as generally depicted gust 21, 1935 (16 U.S.C. 461 et seq.). (2) LUIS MARIA BACA GRANT NO. 4.—The term on the map, as a unit of the National Park Sys- (b) GRAZING.— ‘‘Luis Maria Baca Grant No. 4’’ means those tem. (1) ACQUIRED STATE OR PRIVATE LAND.—With lands as described in the patent dated February (2) Administrative jurisdiction of lands and respect to former State or private land on which 20, 1900, from the United States to the heirs of interests therein administered by the Secretary grazing is authorized to occur on the date of en- Luis Maria Baca recorded in book 86, page 20, of Agriculture within the boundaries of the pre- actment of this Act and which is acquired for of the records of the Clerk and Recorder of serve is transferred to the Secretary of the Inte- the national monument, or the national park Saguache County, Colorado. rior, to be administered as part of the preserve. and preserve, or the wildlife refuge, the Sec- (3) MAP.—The term ‘‘map’’ means the map en- The Secretary of Agriculture shall modify the retary, in consultation with the lessee, may per- titled ‘‘Great Sand Dunes National Park and boundaries of the Rio Grande National Forest to mit the continuation of grazing on the land by Preserve’’, numbered 140/80,032 and dated Sep- exclude the transferred lands from the forest the lessee at the time of acquisition, subject to tember 19, 2000. boundaries. applicable law (including regulations). (4) NATIONAL MONUMENT.—The term ‘‘na- (3) Any lands within the preserve boundaries (2) FEDERAL LAND.—Where grazing is per- tional monument’’ means the Great Sand Dunes which were designated as wilderness prior to the mitted on land that is Federal land as of the

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.182 pfrm04 PsN: S05PT2 S9992 CONGRESSIONAL RECORD — SENATE October 5, 2000 date of enactment of this Act and that is located SEC. 8. ACQUISITION OF PROPERTY AND BOUND- (D) subject to the provisions of paragraph (2), within the boundaries of the national monu- ARY ADJUSTMENTS state jurisdiction over any water law. ment or the national park and preserve, the Sec- (a) ACQUISITION AUTHORITY.— (2) WATER RIGHTS FOR NATIONAL PARK AND NA- retary is authorized to permit the continuation (1) Within the area depicted on the map as the TIONAL PRESERVE.—In carrying out this Act, the of such grazing activities unless the Secretary ‘‘Acquisition Area’’ or the national monument, Secretary shall obtain and exercise any water determines that grazing would harm the re- the Secretary may acquire lands and interests rights required to fulfill the purposes of the na- sources or values of the national park or the therein by purchase, donation, transfer from tional park and the national preserve in accord- preserve. another Federal agency, or exchange: Provided, ance with the following provisions: (3) TERMINATION OF LEASES.—Nothing in this That lands or interests therein may only be ac- (A) Such water rights shall be appropriated, subsection shall prohibit the Secretary from ac- quired with the consent of the owner thereof. adjudicated, changed, and administered pursu- cepting the voluntary termination of leases or (2) Lands or interests therein owned by the ant to the procedural requirements and priority permits for grazing within the national monu- State of Colorado, or a political subdivision system of the laws of the State of Colorado. ment or the national park or the preserve. thereof, may only be acquired by donation or (B) The purposes and other substantive char- (c) HUNTING, FISHING, AND TRAPPING.— exchange. acteristics of such water rights shall be estab- (1) IN GENERAL.—Except as provided in para- (b) BOUNDARY ADJUSTMENT.—As soon as prac- lished pursuant to State law, except that the graph (2), the Secretary shall permit hunting, ticable after the acquisition of any land or in- Secretary is specifically authorized to appro- fishing, and trapping on land and water within terest under this section, the Secretary shall priate water under this Act exclusively for the the preserve in accordance with applicable Fed- modify the boundary of the unit to which the purpose of maintaining ground water levels, eral and State laws. land is transferred pursuant to subsection (b) to surface water levels, and stream flows on, (2) ADMINISTRATIVE EXCEPTIONS.—The Sec- include any land or interest acquired. across, and under the national park and na- retary may designate areas where, and establish (c) ADMINISTRATION OF ACQUIRED LANDS.— tional preserve, in order to accomplish the pur- limited periods when, no hunting, fishing, or (1) GENERAL AUTHORITY.—Upon acquisition of poses of the national park and the national pre- trapping shall be permitted under paragraph (1) lands under subsection (a), the Secretary shall, serve and to protect park resources and park for reasons of public safety, administration, or as appropriate— uses. compliance with applicable law. (A) transfer administrative jurisdiction of the (C) Such water rights shall be established and (3) AGENCY AGREEMENT.—Except in an emer- lands of the National Park Service— used without interfering with— gency, regulations closing areas within the pre- (i) for addition to and management as part of (i) any exercise of a water right in existence serve to hunting, fishing, or trapping under this the Great Sand Dunes National Monument, or on the date of enactment of this Act for a non- subsection shall be made in consultation with (ii) for addition to and management as part of Federal purpose in the San Luis Valley, Colo- the appropriate agency of the State of Colorado the Great Sand Dunes National Park (after des- rado; and having responsibility for fish and wildlife ad- ignation of the Park) or the Great Sand Dunes (ii) the Closed Basin Division, San Luis Valley ministration. National Preserve; or Project. (4) SAVINGS CLAUSE.—Nothing in this Act af- (B) transfer administrative jurisdiction of the (D) Except as provided in subsections (c) and fects any jurisdiction or responsibility of the lands to the United States Fish and Wildlife (d) below, no Federal reservation of water may State of Colorado with respect to fish and wild- Service for addition to and administration as be claimed or established for the national park life on Federal land and water covered by this part of the Baca National Wildlife Refuge. or the national preserve Act. (2) FOREST SERVICE ADMINISTRATION.— (c) NATIONAL FOREST WATER RIGHTS.—To the (d) CLOSED BASIN DIVISION, SAN LUIS VALLEY (A) Any lands acquired within the area de- extent that a water right is established or ac- PROJECT.—Any feature of the Closed Basin Di- picted on the map as being located within Zone quired by the United States for the Rio Grande vision, San Luis Valley Project, located within B shall be transferred to the Secretary of Agri- National Forest, the water right shall— the boundaries of the national monument, na- culture and shall be added to and managed as (1) be considered to be of equal use and value tional park or the national wildlife refuge, in- part of the Rio Grande National Forest. for the national preserve; and cluding any well, pump, road, easement, pipe- (B) For the purposes of section 7 of the Land (2) retain its priority and purpose when in- line, canal, ditch, power line, power supply fa- and Water Conservation Fund Act of 1965 (16 cluded in the national preserve. cility, or any other project facility, and the op- U.S.C. 4601–9), the boundaries of the Rio (d) NATIONAL MONUMENT WATER RIGHTS.—To eration, maintenance, repair, and replacement Grande National Forest, as revised by the trans- the extent that a water right has been estab- of such a feature— fer of land under paragraph (A), shall be con- lished or acquired by the United States for the (1) shall not be affected by this Act; and sidered to be the boundaries of the national for- Great Sand Dunes National Monument, the (2) shall continue to be the responsibility of, est. water right shall— and be operated by, the Bureau of Reclamation SEC. 9. WATER RIGHTS. (1) be considered to be of equal use and value in accordance with title I of the Reclamation (a) SAN LUIS VALLEY PROTECTION, COLO- for the national park; and Project Authorization Act of 1972 (43 U.S.C. RADO.—Section 1501(a) of the Reclamation (2) retain its priority and purpose when in- 615aaa et seq.). Projects Authorization and Adjustment Act of cluded in the national park. (e) WITHDRAWAL— 1992 (Public Law 102–575; 106 Stat. 4663) is (e) ACQUIRED WATER RIGHTS AND WATER RE- (1) On the date of enactment of this Act, sub- amended by striking paragraph (3) and insert- SOURCES.— ject to valid existing rights, all Federal land de- ing the following: (1) IN GENERAL.—(A) If, and to the extent picted on the map as being located within Zone ‘‘(3) adversely affect the purposes of— that, the Luis Maria Baca Grant No. 4 is ac- A, or within the boundaries of the national ‘‘(A) the Great Sand Dunes National Monu- quired, all water rights and water resources as- monument, the national park or the preserve is ment; sociated with the Luis Maria Baca Grant No. 4 withdrawn from— ‘‘(B) the Great Sands Dunes National Park shall be restricted for use only within— (A) all forms of entry, appropriation, or dis- (including purposes relating to all water, water (i) the national park; posal under the public land laws; rights, and water-dependent resources within (ii) the preserve; (B) location, entry, and patent under the min- the park); (iii) the national wildlife refuge; or ing laws; and ‘‘(C) the Great Sand Dunes National Preserve (iv) the immediately surrounding areas of (C) disposition under all laws relating to min- (including purposes relating to all water, water Alamosa or Saguache Counties, Colorado. eral and geothermal leasing. rights, and water-dependent resources within (B) USE.—Except as provided in the memo- (2) The provisions of this subsection also shall the preserve); randum of water service agreement and the apply to any lands— ‘‘(D) the Baca National Wildlife Refuge (in- water service agreement between the Cabeza de (A) acquired under this Act; or cluding purposes relating to all water, water Vaca Land and Cattle Company, LC, and Baca (B) transferred from any Federal agency after rights, and water-dependent resources within Grande Water and Sanitation District, dated the date of enactment of this Act for the na- the national wildlife refuge); and August 28, 1997, water rights and water re- tional monument, the national park or preserve, ‘‘(E) any Federal land adjacent to any area sources described in subparagraph (A) shall be or the national wildlife refuge. described in subparagraphs (A), (B), (C), or restricted for use in— (f) WILDNERNESS PROTECTION.— (D).’’. (i) the protection of resources and values for (1) Nothing in this Act alters the Wilderness (b) EFFECT ON WATER RIGHTS.— the national monument, the national park, the designation of any land within the national (1) IN GENERAL.—Subject to the amendment preserve, or the wildlife refuge; monument, the national park, or the preserve. made by subsection (a), nothing in this Act (ii) fish and wildlife management and protec- (2) All areas designated as Wilderness that are affects— tion; or transferred to the administrative jurisdiction of (A) the use, allocation, ownership, or control, (iii) irrigation necessary to protect water re- the National Park Service shall remain subject in existence on the date of enactment of this sources. to the Wilderness Act (16 U.S.C. 1131 et seq.) Act, of any water, water right, or any other (2) STATE AUTHORITY.—If, and to the extent and the Colorado Wilderness Act of 1993 (Public valid existing right; that, water rights associated with the Luis Law 103–77; 16 U.S.C. 539i note). If any part of (B) any vested absolute or decreed conditional Maria Baca Grant No. 4 are acquired, the use of this Act conflicts with the provisions of the Wil- water right in existence on the date of enact- those water rights shall be changed only in ac- derness Act or the Colorado Wilderness Act of ment of this Act, including water right held by cordance with the laws of the State of Colorado. 1993 with respect to the wilderness areas within the United States; (f) DISPOSAL.—The Secretary is authorized to the preserve boundaries, the provisions of those (C) any interstate water compact in existence sell the water resources and related appur- Acts shall control. on the date of enactment of this Act; or tenances and fixtures as the Secretary deems

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.182 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9993 necessary to obtain the termination of obliga- The preamble was agreed to. (E) Lawrence Livermore National Laboratory; tions specified in the memorandum of water The resolution, with its preamble, (F) Los Alamos National Laboratory; service agreement and the water service agree- reads as follows: (G) National Renewable Energy Laboratory; ment between the Cabeza de Vaca Land and (H) Oak Ridge National Laboratory; Cattle Company, LLC and the Baca Grande H. CON. RES. 89 (I) Pacific Northwest National Laboratory; or Water and Sanitation District, dated August 28, Whereas there are currently more than (J) Sandia National Laboratory; 1997. Prior to the sale, the Secretary shall deter- 57,900,000 individuals of German heritage re- (5) the term ‘‘facility’’ means any of the fol- mine that the sale is not detrimental to the pro- siding in the United States, who comprise lowing institutions owned by the Department of tection of the resources of Great Sand Dunes nearly 25 percent of the population of the Energy— National Monument, Great Sand Dunes Na- United States and are therefore the largest (A) Ames Laboratory; tional Park, and Great Sand Dunes National ethnic group in the United States; (B) East Tennessee Technology Park; (C) Environmental Measurement Laboratory; Preserve, and the Baca National Wildlife Ref- Whereas those of German heritage are not (D) Fermi National Accelerator Laboratory; uge, and that appropriate measures to provide merely descendants of one political entity, but of all German speaking areas; (E) Kansas City Plant; for such protection are included in the sale. (F) National Energy Technology Laboratory; Whereas numerous Americans of German SEC. 10. ADVISORY COUNCIL. (G) Nevada Test Site; heritage have made countless contributions (a) ESTABLISHMENT.—The Secretary shall es- (H) Princeton Plasma Physics Laboratory; tablish an advisory council to be known as the to American culture, arts, and industry, the (I) Savannah River Technology Center; ‘‘Great Sand Dunes National Park Advisory American military, and American govern- (J) Stanford Linear Accelerator Center; Council’’. ment; (K) Thomas Jefferson National Accelerator Whereas there is no recognized tangible, (b) DUTIES.—The Advisory Council shall ad- Facility; vise the Secretary with respect to the prepara- national symbol dedicated to German Ameri- (L) Waste Isolation Pilot Plant; tion and implementation of a management plan cans and their positive contributions to the (M) Y–12 facility at Oak Ridge National Lab- for the national park and the preserve. United States; oratory; or Whereas the story of Hermann the (c) MEMBERS.—The Advisory Council shall (N) other similar organization of the Depart- consist of 10 members to be appointed by the Cheruscan parallels that of the American ment designated by the Secretary that engages Secretary, as follows: Founding Fathers, because he was a freedom in technology transfer, partnering, or licensing (1) one member of, or nominated by, the fighter who united ancient German tribes in activities; Alamosa County Commission. order to shed the yoke of Roman tyranny (6) the term ‘‘nonprofit institution’’ has the (2) one member of, or nominated by, the and preserve freedom for the territory of meaning given such term in section 4 of the Ste- Saguache County Commission. present-day Germany; venson-Wydler Technology Innovation Act of (3) one member of, or nominated by, the Whereas the Hermann Monument located 1980 (15 U.S.C. 3703(5)); Friends of the Dunes Organization. in Hermann Heights Park in New Ulm, Min- (7) the term ‘‘Secretary’’ means the Secretary (4) 4 members residing in, or within reasonable nesota, was dedicated in 1897 in honor of the of Energy; proximity to, the San Luis Valley and 3 of the spirit of freedom and later dedicated to all (8) the term ‘‘small business concern’’ has the general public, all of who have recognized back- German immigrants who settled in New Ulm meaning given such term in section 3 of the grounds reflecting— and elsewhere in the United States; and Small Business Act (15 U.S.C. 632); (A) the purposes for which the national park Whereas the Hermann Monument has been (9) the term ‘‘technology-related business con- and the preserve are established; and recognized as a site of special historical sig- cern’’ means a for-profit corporation, company, (B) the interests of persons that will be af- nificance by the United States Government, association, firm, partnership, or small business fected by the planning and management of the by placement on the National Register of concern that— national park and the preserve. Historic Places: Now, therefore, be it (A) conducts scientific or engineering re- (d) APPLICABLE LAW.—The Advisory Council Resolved by the House of Representatives (the search, shall function in accordance with the Federal Senate concurring), That the Hermann Monu- (B) develops new technologies, Advisory Committee Act (5 U.S.C. App.) and ment and Hermann Heights Park in New (C) manufacturers products based on new other applicable laws. Ulm, Minnesota, are recognized by the Con- technologies, or gress to be a national symbol for the con- (D) performs technological services; (e) VACANCY.—A vacancy on the Advisory (10) the term ‘‘technology cluster’’ means a Council shall be filled in the same manner as tributions of Americans of German heritage. concentration of— the original appointment. f (A) technology-related business concerns; (f) CHAIRPERSON.—The Advisory Council shall NATIONAL LABORATORIES PART- (B) institution of higher education; or elect a chairperson and shall establish such (C) other nonprofit institutions, rules and procedures as it deems necessary or NERSHIP IMPROVEMENT ACT OF 1999 that reinforce each other’s performance through desirable. formal or informal relationships; (g) NO COMPENSATION.—Members of the Advi- The Senate proceeded to consider the (11) the term ‘‘socially and economically dis- sory Council shall serve without compensation. bill (S. 1756) to enhance the ability of advantaged small business concerns’’ has the (h) TERMINATION.—The Advisory Council meaning given such term in section 8(a)(4) of shall terminate upon the completion of the man- the National Laboratories to meet De- partment of Energy missions, and for the Small Business Act (15 U.S.C. 637(a)(4)); and agement plan for the national park and pre- (12) the term ‘‘NNSA’’ means the National Nu- serve. other purposes, which had been re- clear Security Administration established by SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ported by the Committee on Energy Title XXXII of National Defense Authorization There are authorized to be appropriated such and Natural Resources with an amend- Act for Fiscal Year 2000 (Public Law 106–65). sums as are necessary to carry out this Act. ment to strike out all after the enact- SEC. 3. TECHNOLOGY INFRASTRUCTURE PILOT The committee amendment in the ing clause and insert the part printed PROGRAM. nature of a substitute was agreed to. in italic. (a) ESTABLISHMENT.—The Secretary, through The bill (S. 2547), as amended, was SECTION 1. SHORT TITLE. the appropriate officials of the Department, read the third time and passed. This Act may be cited as the ‘‘National Lab- shall establish a Technology Infrastructure The title was amended so as to read: oratories Partnership Improvement Act of 2000’’. Pilot Program in accordance with this section. (b) PURPOSE.—The purpose of the program ‘‘A bill to provide for the establish- SEC. 2. DEFINITIONS. shall be to improve the ability of National Lab- ment of the Great Sand Dunes National For purposes of this Act— oratories or facilities to support departmental Park and Preserve and the Baca Na- (1) the term ‘‘Department’’ means the Depart- missions by— tional Wildlife Refuge in the State of ment of Energy; (1) stimulating the development of technology Colorado, and for other purposes.’’ (2) the term ‘‘departmental mission’’ means clusters that can support the missions of the Na- any of the functions vested in the Secretary of f tional Laboratories or facilities; Energy by the Department of Energy Organiza- (2) improving the ability of National Labora- HERMANN MONUMENT AND HER- tion Act (42 U.S.C. 7101 et seq.) or other law; tories or facilities to leverage and benefit from MANN HEIGHTS PARK IN NEW (3) the term ‘‘institution of higher education’’ commercial research, technology, products, has the meaning given such term in section ULM, MINNESOTA processes, and services; and 1201(a) of the Higher Education Act of 1965 (20 (3) encouraging the exchange of scientific and The Senate proceeded to consider the U.S.C. 1141(a)); technological expertise between National Lab- resolution (H. Con. Res. 89) recognizing (4) the term ‘‘National Laboratory’’ means oratories or facilities and— the Hermann Monument and Hermann any of the following institutions owned by the (A) institutions of higher education, Heights Park in New Ulm, Minnesota, Department of Energy— (B) technology-related business concerns, (A) Argonne National Laboratory; (C) nonprofit institutions, and as a national symbol of the contribu- (B) Brookhaven National Laboratory; (D) agencies of State, tribal, or local govern- tions of Americans of German heritage. (C) Idaho National Engineering and Environ- ments, The resolution (H. Con. Res. 89) was mental Laboratory; that can support the missions of the National agreed to. (D) Lawrence Berkeley National Laboratory; Laboratories and facilities.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.182 pfrm04 PsN: S05PT2 S9994 CONGRESSIONAL RECORD — SENATE October 5, 2000

(c) PILOT PROGRAM.—In each of the first three nology cluster, one that will derive most of the (b) ESTABLISHMENT OF SMALL BUSINESS AS- fiscal years after the date of enactment of this demand for its products or services from the pri- SISTANCE PROGRAM.—The Secretary shall direct section, the Secretary may provide no more than vate sector, that can support the missions of the the Director of each National Laboratory, and $10,000,000, divided equally, among no more participating National Laboratory or facility; may direct the Director of each facility the Sec- than ten National Laboratories or facilities se- (C) the potential of the project to promote the retary determines to be appropriate, to establish lected by the Secretary to conduct Technology use of commercial research, technology, prod- a program to provide small business concerns— Infrastructure Program Pilot Programs. ucts, processes, and services by the participating (1) assistance directed at making them more (d) PROJECTS.—The Secretary shall authorize National Laboratory or facility to achieve its effective and efficient subcontractors or sup- the Director of each National Laboratory or fa- departmental mission or the commercial develop- pliers to the National Laboratory or facility; or cility designated under subsection (c) to imple- ment of technological innovations made at the (2) general technical assistance, the cost of ment the Technology Infrastructure Pilot Pro- participating National Laboratory or facility; which shall not exceed $10,000 per instance of gram at such National Laboratory or facility (D) the commitment shown by non-Federal or- assistance, to improve the small business con- through projects that meet the requirements of ganizations to the project, based primarily on cern’s products or services. subsections (e) and (f). the nature and amount of the financial and (c) USE OF FUNDS.—None of the funds ex- (e) PROGRAM REQUIREMENTS.—Each project other resources they will risk on the project; pended under subsection (b) may be used for di- funded under this section shall meet the fol- (E) the extent to which the project involves a rect grants to the small business concerns. lowing requirements: wide variety and number of institutions of high- SEC. 5. TECHNOLOGY PARTNERSHIPS OMBUDS- (1) MINIMUM PARTICIPANTS.—Each project er education, nonprofit institutions, and tech- MAN. shall at a minimum include— nology-related business concerns that can sup- (a) APPOINTMENT OF OMBUDSMAN.—The Sec- (A) a National Laboratory of facility; and port the missions of the participating National retary shall direct the Director of each National (B) one of the following entities— Laboratory or facility and that will make sub- Laboratory, and may direct the Director of each (i) a business, stantive contributions to achieving the goals of facility the Secretary determines to be appro- (ii) an institution of higher education, the project; priate, to appoint a technology partnership om- (iii) a nonprofit institution, or (F) the extent of participation in the project (iv) an agency of a State, local, or tribal gov- budsman to hear and help resolve complaints by agencies of State, tribal, or local governments from outside organizations regarding each lab- ernment. that will make substantive contributions to (2) COST SHARING.— oratory’s policies and actions with respect to achieving the goals of the project; and (A) MINIMUM AMOUNT.—Not less than 50 per- technology partnerships (including cooperative (G) the extent to which the project focuses on cent of the costs of each project funded under research and development agreements), patents, promoting the development of technology-re- this section shall be provided from non-Federal and technology licensing. Each ombudsman lated business concerns that are small business sources. shall— concerns or involves such small business con- (B) QUALIFIED FUNDING AND RESOURCES.— (1) be a senior official of the National Labora- (i) The calculation of costs paid by the non- cerns substantively in the project. tory or facility who is not involved in day-to- Federal sources to a project shall include cash, (3) SAVINGS CLAUSE.—Nothing in this sub- day technology partnerships, patents, or tech- personnel, services, equipment, and other re- section shall limit the Secretary from requiring nology licensing, or, if appointed from outside sources expended on the project. the consideration of other criteria, as appro- the laboratory, function as such a senior offi- (ii) Independent research and development ex- priate, in determining whether projects should cial; and penses of government contractors that qualify be funded under this section. (2) have direct access to the Director of the for reimbursement under section 31–205–18(e) of (g) REPORT TO CONGRESS ON FULL IMPLEMEN- National Laboratory or facility. the Federal Acquisition Regulations issued pur- TATION.—Not later than 120 days after the start (b) DUTIES.—Each ombudsman shall— suant to section 25(c)(1) of the Office of Federal of the third fiscal year after the date of enact- (1) serve as the focal point for assisting the Procurement Policy Act (41 U.S.C. 421(c)(1)) ment of this section, the Secretary shall report public and industry in resolving complaints and may be credited towards costs paid by non-Fed- to Congress on whether the Technology Infra- disputes with the laboratory regarding tech- eral sources to a project, if the expenses meet structure Program should be continued beyond nology partnerships, patents, and technology li- the other requirements of this section. the pilot stage, and, if so, how the fully imple- censing; (iii) No funds or other resources expended ei- mented program should be managed. This report (2) promote the use of collaborative alter- ther before the start of a project under this sec- shall take into consideration the results of the native dispute resolution techniques such as me- tion or outside the project’s scope of work shall pilot program to date the views of the relevant diation to facilitate the speedy and low-cost res- be credited toward the costs paid by the non- Directors of the National laboratories and facili- olution of complaints and disputes, when appro- Federal sources to the project. ties. The report shall include any proposals for priate; and (3) COMPETITIVE SELECTION.—All projects legislation considered necessary by the Sec- (3) report, through the Director of the Na- where a party other than the Department or a retary to fully implement the program. tional Laboratory or facility, to the Department National Laboratory or facility receives funding SEC. 4. SMALL BUSINESS ADVOCACY AND ASSIST- annually on the number and nature of com- under this section shall, to the extent prac- ANCE. plaints and disputes raised, along with ombuds- ticable, be competitively selected by the National (a) ADVOCACY FUNCTION.—The Secretary shall man’s assessment of their resolution, consistent Laboratory or facility using procedures deter- direct the Director of each National Laboratory, with the protection of confidential and sensitive mined to be appropriate by the Secretary or his and may direct the Director of each facility the information. designee. Secretary determines to be appropriate, to estab- (c) DUAL APPOINTMENT.—A person vested (4) ACCOUNTING STANDARDS.—Any participant lish a small business advocacy function that is with the small business advocacy function of receiving funding under this section, other than organizationally independent of the procure- section 4 may also serve as the technology part- a National Laboratory or facility, may use gen- ment function at the National Laboratory or fa- nership ombudsman. erally accepted accounting principles for main- cility. The person or office vested with the small SEC. 6. STUDIES RELATED TO IMPROVING MIS- taining accounts, books, and records relating to business advocacy function shall— SION EFFECTIVENESS, PARTNER- the project. (1) work to increase the participation of small SHIPS, AND TECHNOLOGY TRANSFER (5) LIMITATIONS.—No Federal funds shall be business concerns, including socially and eco- AT NATIONAL LABORATORIES. made available under this section for— nomically disadvantaged small business con- (a) STUDIES.—The Secretary shall direct the (A) construction; or cerns, in procurements, collaborative research, Laboratory Operations Board to study and re- (B) any project for more than five years. technology licensing, and technology transfer port to him, not later than one year after the (f) SELECTION CRITERIA.— activities conducted by the National Laboratory date of enactment of this section, on the fol- (1) THRESHOLD FUNDING CRITERIA.—The Sec- or facility; lowing topics. retary shall authorize the provision of Federal (2) report to the Director of the National Lab- (1) the possible benefits from the need for poli- funds for projects under this section only when oratory or facility on the actual participation of cies and procedures to facilitate the transfer of the Director of the National Laboratory or facil- small business concerns in procurements and scientific, technical, and professional personnel ity managing such a project determines that the collaborative research along with recommenda- among National Laboratories and facilities; and project is likely to improve the participating Na- tions, if appropriate, on how to improve partici- (2) the possible benefits from and need for tional Laboratory or facility’s ability to achieve pation; changes in— technical success in meeting departmental mis- (3) make available to small business concerns (A) the indemnification requirements for pat- sions. training, mentoring, and clear, up-to-date infor- ents or other intellectual property licensed from (2) ADDITIONAL CRITERIA.—The Secretary mation on how to participate in the procure- a National Laboratory or facility; shall also require the Director of the National ments and collaborative research, including how (B) the royalty and fee schedules and types of Laboratory or facility managing a project under to submit effective proposals; compensation that may be used for patents or this section to consider the following criteria in (4) increase the awareness inside the National other intellectual property licensed to a small selecting a project to receive federal funds— Laboratory or facility of the capabilities and op- business concern from a National Laboratory or (A) the potential of the project to succeed, portunities presented by small business con- facility; based on its technical merit, team members, cerns, and (C) the licensing procedures and requirements management approach, resources, and project (5) establish guidelines for the program under for patents and other intellectual property; plan; subsection (b) and report on the effectiveness of (D) the rights given to small business concern (B) to potential of the project to promote the such program to the Director of the National that has licensed a patent or other intellectual development of a commercially sustainable tech- Laboratory or facility. property from a National Laboratory or facility

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.183 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9995 to bring suit against third parties infringing order to implement projects funded under sec- (b) in an amount at least equal to the percent- such intellectual property; tion 3. age of the total amount appropriated for the (E) the advance funding requirements for SEC. 8. CONFORMANCE WITH NNSA ORGANIZA- Administration for such fiscal year that is speci- small business concern funding a project at a TIONAL STRUCTURE. fied for such fiscal year under subsection (b). National Laboratory or facility through a All actions taken by the Secretary in carrying (b) FISCAL YEAR PERCENTAGES.—The percent- Funds-In-Agreement; out this Act with respect to National Labora- ages of funds appropriated for the National Nu- (F) the intellectual property rights allocated tories and facilities that are part of the NNSA clear Security Administration that are obligated to a business when it is funding a project at a shall be through the Administrator for Nuclear in accordance with the objective under sub- National Laboratory or facility through a Security in accordance with the requirements of section (a) are as follows: Funds-In-Agreement; and Title XXXII of National Defense Authorization (1) In each of fiscal years 2001 and 2002, 0.5 (G) policies on royalty payments to inventors Act of Fiscal Year 2000. percent. (2) In any fiscal year after fiscal year 2002, employed by a contractor-operated National SEC. 9. COOPERATIVE RESEARCH AND DEVELOP- Laboratory or facility, including those for in- MENT AGREEMENTS FOR GOVERN- the percentage recommend by the Administrator ventions made under a Funds-In-Agreement. MENT-OWNED, CONTRACTOR-OPER- for each such fiscal year in the report under (b) DEFINITION.—For the purposes of this sec- ATED LABORATORIES. subsection (c). tion, the term ‘‘Funds-In-Agreement’’ means a (a) STRATEGIC PLANS.—Subsection (a) of sec- (c) RECOMMENDTIONS FOR PERCENTAGES IN contract between the Department and a non- tion 12 of the Stevenson-Wydler Technology In- LATER FISCAL YEARS.—Not later than one year Federal organization where that organization novation Act of 1980 (15 U.S.C. 3710a) is amend- after the date of the enactment of this Act, the pays the Department to provide a service or ma- ed by striking ‘‘joint work statement,’’ and in- Administrator shall submit to the congressional terial not otherwise available in the domestic serting ‘‘joint work statement or, if permitted by defense committees a report setting forth the Ad- private sector. the agency, in an agency-approved annual stra- ministrator’s recommendations for appropriate (c) REPORT TO CONGRESS.—Not later than one tegic plan,’’. percentages of funds appropriated for the Na- month after receiving the report under sub- (b) EXPERIMENTAL FEDERAL WAIVERS.—Sub- tional Nuclear Security Administration to be ob- section (a), the Secretary transmit the report, section (b) of that section is amended by adding ligated for agreements described in subsection along with this recommendations for action and at the end the following new paragraph: (a) during each fiscal year covered by the re- proposals for legislation to implement the rec- ‘‘(6)(A) In the case of a Department of Energy port. ommendations, to Congress. laboratory, a designated official of the Depart- (d) CONSISTENCY OF AGREEMENTS.—Any agreement entered into under this section shall SEC. 7. OTHER TRANSACTIONS AUTHORITY. ment of Energy may waive any license retained by the Government under paragraph (1)(A), (2), be consistent with and in support of the mission (a) NEW AUTHORITY.—Section 646 of the De- or (3)(D), in whole or in part and according to of the National Nuclear Security Administra- partment of Energy Organization Act (42 U.S.C. negotiated terms and conditions, if the des- tion. 7256) is amended by adding at the end the fol- ignated official finds that the retention of the li- (e) REPORTS ON ACHIEVEMENT OF OBJEC- lowing new subsection: cense by the Department of Energy would sub- TIVE.—(1) Not later than March 30, 2002, and ‘‘(g) OTHER TRANSACTIONS AUTHORITY.—(1) In stantially inhibit the commercialization of an each year thereafter, the Administrator shall addition to other authorities granted to the Sec- invention that would otherwise serve an impor- submit to the congressional defense committees a retary to enter into procurement contracts, tant federal mission. report on whether funds of the National Nuclear leases, cooperative agreements, grants, and ‘‘(B) The authority to grant a waiver under Security Administration were obligated in the other similar arrangements, the Secretary may subparagraph (A) shall expire on the date that fiscal year ending in the preceding year in ac- enter into other transactions with public agen- is 5 years after the date of the enactment of the cordance with the objective for such fiscal year cies, private organizations, or persons on such National Defense Authorization Act for Fiscal under this section. terms as the Secretary may deem appropriate in Year 2001. (2) If funds were not obligated in a fiscal year furtherance of basic, applied, and advanced re- ‘‘(C) The expiration under subparagraph (B) in accordance with the objective under this sec- search functions now or hereafter vested in the of authority to grant a waiver under subpara- tion for such fiscal year, the report under para- Secretary. Such other transactions shall not be graph (A) shall not effect any waiver granted graph (1) shall— subject to the provisions of section 9 of the Fed- under subparagraph (A) before the expiration of (A) describe the actions the Administrator pro- eral Nonnuclear Energy Research and Develop- such authority.’’. poses to take to ensure that the objective under ment Act of 1974 (42 U.S.C. 5908.) (c) TIME REQUIRED FOR APPROVAL.—Sub- this section for the current fiscal year and fu- ‘‘(2)(A) The Secretary of Energy shall ensure section (c)(5) of that section is amended— ture fiscal years will be met; and that— (1) by striking subparagraph (C); (B) include any recommendations for legisla- ‘‘(i) to the maximum extent practicable, no (2) by redesignating subparagraph (D) as sub- tion required to achieve such actions. transaction entered into under paragraph (1) paragraph (C); and The committee amendment in the provides for research that duplicates research (3) in subparagraph (C) as so redesignated— nature of a substitute was agreed to. being conducted under existing programs carried (A) in clause (i)— The bill (S. 1756), as amended, was out by the Department of Energy; and (i) by striking ‘‘with a small business firm’’; read the third time and passed. ‘‘(ii) to the extent that the Secretary deter- and f mines practicable, the funds provided by the (ii) by inserting ‘‘if’’ after ‘‘statement’’; and Government under a transaction authorized by (B) by adding at the end the following new THE CALENDAR paragraph (1) do not exceed the total amount clauses: provided by other parties to the transaction. ‘‘(iv) Any agency that has contracted with a Mr. MACK. Mr. President, I ask ‘‘(B) A transaction authorized by paragraph non-Federal entity to operate a laboratory may unanimous consent that the Senate (1) may be used for a research project when the develop and provide to such laboratory one or now proceed to the consideration, en use of a standard contract, grant, or cooperative more model cooperative research and develop- bloc, of the following reported by the agreement for such project is not feasible or ap- ment agreements, for the purposes of standard- Energy Committee: Calendar No. 470, propriate. izing practices and procedures, resolving com- H.R. 1725; Calendar No. 632, S. 1367; Cal- ‘‘(3)(A) The Secretary shall not disclose any mon legal issues, and enabling review of cooper- endar No. 795, S. 2439; Calendar No. 827, trade secret or commercial or financial informa- ative research and development agreements to be tion submitted by a non-Federal entity under carried out in a routine and prompt manner. S. 2950; Calendar No. 850, S. 2691; Cal- paragraph (1) that is privileged and confiden- ‘‘(v) A Federal agency may waive the require- endar No. 885, S. 2345; and Calendar No. tial. ments of clause (i) or (ii) under such cir- 926, S. 2331. ‘‘(B) The Secretary shall not disclose, for five cumstances as the agency considers appropriate. I further ask unanimous consent that years after the date the information is received, However, the agency may not take longer than any committee amendments be agreed any other information submitted by a non-Fed- 30 days to review and approve, request modifica- to, where appropriate, and the fol- eral entity under paragraph (1), including any tions to, or disapprove any proposed agreement lowing amendments at the desk: proposal, proposal abstract, document sup- or joint work statement that it elects to re- amendment No. 4290 to H.R. 1725; porting a proposal, business plan, or technical ceive.’’. amendment No. 4291 to S. 1367; amend- information that is privileged and confidential. SEC. 10. COOPERATIVE RESEARCH AND DEVELOP- ‘‘(C) The Secretary may protect from disclo- MENT OF THE NATIONAL NUCLEAR ment No. 4292 to S. 2439; amendment sure, for up to five years, any information de- SECURITY ADMINISTRATION. No. 4293 to S. 2950; amendment No. 4294 veloped pursuant to a transaction under para- (a) OBJECTIVE FOR OBLIGATION OF FUNDS.—It to S. 2691; amendment No. 4295 to S. graph (1) that would be protected from disclo- shall be an objective of the Administrator of the 2345; and amendment No. 4296 to S. 2331 sure under section 552(b)(4) of title 5, United National Nuclear Security Administration to ob- be agreed to, the bills, as amended, be States Code, if obtained from a person other ligate funds for cooperative research and devel- read the third time, passed, and any than a Federal agency.’’. opment agreements (as that term is defined in title amendment be agreed to, the mo- (b) IMPLEMENTATION.—Not later than six section 12(d)(1) of the Stevenson-Wydler Tech- months after the date of enactment of this sec- nology Innovation Act of 1980 (15 U.S.C. tions to reconsider be laid upon the tion, the Department shall establish guidelines 3710a(d)(1)), or similar cooperative, cost-shared table, with no intervening action, and for the use of other transactions. Other trans- research partnerships with non-Federal organi- that any statements thereto be printed actions shall be made available, if needed, in zations, in a fiscal year covered by subsection in the RECORD.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.183 pfrm04 PsN: S05PT2 S9996 CONGRESSIONAL RECORD — SENATE October 5, 2000 The PRESIDING OFFICER. Without in’’ and inserting ‘‘279 acres of lands and ‘‘(d) ANNUAL REPORTS.—Not later than objection, it is so ordered. buildings, or interests therein’’; February 1, 2002 and for each of the five suc- f (2) in section 6 by striking ‘‘$2,677,000’’ ceeding years, the Secretary of Energy shall from the first sentence and inserting submit a report to Congress on the status of MIWALETA PARK EXPANSION ACT ‘‘$10,632,000’’; and the programs and the progress towards meet- (3) in section 6 by striking ‘‘$80,000’’ from ing its goal under subsection (a). The Senate proceeded to consider the the last sentence and inserting ‘‘$2,000,000’’. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— bill (H.R. 1725) to provide for the con- f There are authorized to be appropriated to veyance by the Bureau of Land Man- the Secretary of Energy to carry out this agement to Douglas County, OR, of a CONSTRUCTION OF THE SOUTH- section $15,000,000 for each of the fiscal years county park and certain adjacent land. EASTERN ALASKA INTERTIE 2002 through 2006.’’ AMENDMENT NO. 4290 SYSTEM The bill (S. 2439), as amended, was (Purpose: To add clarifying language related The Senate proceeded to consider the read the third time and passed, as fol- to management of conveyed lands) bill (S. 2439) to authorize the appropria- lows: On page 3, beginning on line 6 strike Sec- tion of funds for the construction of S. 2439 tion 2(b)(1) and insert: the Southeastern Alaska Intertie sys- Be it enacted by the Senate and House of Rep- ‘‘(1) IN GENERAL.—After conveyance of land tem, and for other purposes. resentatives of the United States of America in under subsection (a), the County shall man- Congress assembled, age the land for public park purposes con- The amendment (No. 4292) was agreed sistent with the plan for expansion of the to, as follows: SECTION 1. SOUTHEASTERN ALASKA INTERTIE AUTHORIZATION LIMIT. Miwaleta Park as approved in the Decision AMENDMENT NO. 4292 Record for Galesville Campground, EA Upon the completion and submission to the (Purpose: To limit the authorization for the United States Congress by the Forest Serv- #OR110–99–01, dated September 17, 1999.’’. Southeastern Alaska Intertie and provide Section 2(b)(2)(A) strike ‘‘purposes—’’ and ice of the ongoing High Voltage Direct Cur- an authorization for Navajo electrifica- rent viability analysis pursuant to United insert: ‘‘purposes as described in paragraph tion) 2(b)(1)—’’. States Forest Service Collection Agreement Strike all after the enacting clause and in- #00CO–111005–105 or no later than February 1, The amendment (No. 4290) was agreed sert the following: 2001, there is hereby authorized to be appro- to. ‘‘That upon the completion and submission priated to the Secretary of Energy such The bill (H.R. 1725), as amended, was to the United States Congress by the Forest sums as may be necessary to assist in the read the third time and passed. Service of the ongoing High Voltage Direct construction of the Southeastern Alaska f Current viability analysis pursuant to USFS Intertie system as generally identified in Re- Collection Agreement #00CO–111005–105 or no port #97–01 of the Southeast Conference. SAINT-GAUDENS NATIONAL later than February 1, 2001, there is hereby Such sums shall equal 80 percent of the cost HISTORIC SITE MODIFICATIONS authorized to be appropriated to the Sec- of the system and may not exceed The Senate proceeded to consider the retary of Energy such sums as may be nec- $384,000,000. Nothing in this Act shall be con- essary to assist in the construction of the strued to limit or waive any otherwise appli- bill (S. 1367) to amend the act which es- Southeastern Alaska Intertie system as gen- cable State or Federal law. tablished the Saint-Gaudens National erally identified in Report #97–01 of the SEC. 2. NAVAJO ELECTRIFICATION DEMONSTRA- Historic Site, in the State of New Southeast Conference. Such sums shall equal TION PROGRAM. Hampshire, by modifying the boundary 80 percent of the cost of the system and may (a) ESTABLISHMENT.—The Secretary of En- and for other purposes, which had been not exceed $384 million. Nothing in this Act ergy shall establish a 5-year program to as- reported from the Committee on En- shall be construed to limit or waive any oth- sist the Navajo nation to meet its electricity ergy and Natural Resources, with an erwise applicable State or Federal Law. needs. The purpose of the program shall be amendment to omit the parts in black ‘‘SEC. 2. NAVAJO ELECTRIFICATION DEMONSTRA- to provide electric power to the estimated brackets and insert the parts printed in TION PROGRAM. 18,000 occupied structures on the Navajo Na- ‘‘(a) ESTABLISHMENT.—The Secretary of tion that lack electric power. The goal of the italic. Energy shall establish a five year program to program shall be to ensure that every house- S. 1367 assist the Navajo Nation to meet its elec- hold on the Navajo Nation that requests it Be it enacted by the Senate and House of Rep- tricity needs. The purpose of the program has access to a reliable and affordable source resentatives of the United States of America in shall be to provide electric power to the esti- of electricity by the year 2006. Congress assembled, That øthe Act of August mated 18,000 occupied structures on the Nav- (b) SCOPE.—In order to meet the goal in 31, 1964 (78 Stat. 749),¿ Public Law 88–543 (16 ajo Nation that lack electric power. The goal subsection (a), the Secretary of Energy shall U.S.C. 461 (note)), which established Saint- of the program shall be to ensure that every provide grants to the Navajo Nation to— Gaudens National Historic Site is amended— household on the Navajo Nation that re- (1) extend electric transmission and dis- (1) in section 3 by striking ‘‘not to exceed quests it has access to a reliable and afford- tribution lines to new or existing structures sixty-four acres of lands and interests there- able source of electricity by the year 2006. that are not served by electric power and do in’’ and inserting ‘‘215 acres of lands and ‘‘(b) SCOPE.—In order to meet the goal in not have adequate electric power service; buildings, or interests therein’’; subsection (a), the Secretary of Energy shall (2) purchase and install distributed power (2) in section 6 by striking ‘‘$2,677,000’’ provide grants to the Navajo Nation to— generating facilities, including small gas from the first sentence and inserting ‘‘(1) extend electric transmission and dis- turbines, fuel cells, solar photovoltaic sys- ‘‘$10,632,000’’; and tribution lines to new or existing structures tems, solar thermal systems, geothermal (3) in section 6 by striking ‘‘$80,000’’ from that are not served by electric power and do systems, wind power systems, or biomass- the last sentence and inserting ‘‘$2,000,000’’. not have adequate electric power service; fueled systems; AMENDMENT NO. 4291 ‘‘(2) purchase and install distributed power (3) purchase and install other equipment (Purpose: Technical and clarifying generating facilities, including small gas associated with the generation, trans- corrections) turbines, fuel cells, solar photovoltaic sys- mission, distribution, and storage of electric tems, solar thermal systems, geothermal power; On page 2, line 3, strike ‘‘215’’ and insert in systems, wind power systems, or biomass- (4) provide training in the installation, op- lieu thereof ‘‘279’’. fueled systems; eration, or maintenance of the lines, facili- The amendment (No. 4291) was agreed ‘‘(3) purchase and install other equipment ties, or equipment in paragraphs (1) through to. associated with the generation, trans- (3); or The committee amendment was mission, distribution, and storage of electric (5) support other activities that the Sec- agreed to. power; or retary of Energy determines are necessary to The bill (S. 1367), as amended, was ‘‘(4) provide training in the installation op- meet the goal of the program. read the third time and passed, as fol- eration, or maintenance of the lines, facili- (c) TECHNICAL SUPPORT.—At the request of ties, or equipment in paragraphs (1) through the Navajo Nation, the Secretary of Energy lows: (3); or may provide technical support through De- S. 1367 ‘‘(5) support other activities that the Sec- partment of Energy laboratories and facili- Be it enacted by the Senate and House of Rep- retary of Energy determines are necessary to ties to the Navajo Nation to assist in achiev- resentatives of the United States of America in met the goal of the program. ing the goal of this program. Congress assembled, That Public Law 88–543 ‘‘(c) TECHNICAL SUPPORT.—At the request (d) ANNUAL REPORTS.—Not later than Feb- (16 U.S.C. 461 (note)), which established of the Navajo Nation, the Secretary of En- ruary 1, 2002 and for each of the five suc- Saint-Gaudens National Historic Site is ergy may provide technical support through ceeding years, the Secretary of Energy shall amended— Department of Energy laboratories and fa- submit a report to Congress on the status of (1) in section 3 by striking ‘‘not to exceed cilities to the Navajo Nation to assist in the programs and the progress towards meet- sixty-four acres of lands and interests there- achieving the goal of this program. ing its goal under subsection (a).

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(e) AUTHORIZATION OF APPROPRIATIONS.— (3) to provide opportunities for øtribes¿ for (C) the cultural landscape of the site, in a There are authorized to be appropriated to the tribes and the State to be involved in the manner that preserves, as closely as prac- the Secretary of Energy to carry out this formulation of general management plans ticable, the cultural landscape of the site as section $15,000,000 for each of the fiscal years and educational programs for the national it appeared at the time of the Sand Creek 2002 through 2006. historic site. Massacre; f SEC. 3. DEFINITIONS. (2)(A) to interpret the natural and cultural In this Act: SAND CREEK MASSACRE NA- resource values associated with the site; and (1) DESCENDANT.—The term ‘‘descendant’’ (B) provide for public understanding and TIONAL HISTORIC SITE ESTAB- means a member of a tribe, an ancestor of appreciation of, and preserve for future gen- LISHMENT ACT OF 2000 whom was injured or killed in, or otherwise erations, those values; and The Senate proceeded to consider the affected by, the Sand Creek Massacre. (3) to memorialize, commemorate, and pro- bill (S. 2950) to authorize the Secretary (2) MANAGEMENT PLAN.—The term ‘‘man- vide information to visitors to the site to— agement plan’’ means the management plan of the Interior to establish the Sand (A) enhance cultural understanding about required to be developed for the site under the site; and Creek Massacre National Historic Site section 7(a). in the State of Colorado, which had (B) assist in minimizing the chances of (3) SECRETARY.—The term ‘‘Secretary’’ similar incidents in the future. been reported from the Committee on means the Secretary of the Interior, acting Energy and Natural Resources with through the Director of the National Park (c) CONSULTATION AND TRAINING.— Service. (1) IN GENERAL.—In developing the manage- amendments to omit the parts in black ment plan and preparing educational pro- brackets and insert the parts printed in (4) SITE.—The term ‘‘site’’ means the Sand Creek Massacre National Historic Site estab- grams for the public about the site, the Sec- italic. ø ¿ lished under section 4(a). retary shall consult with the with and so- S. 2950 (5) STATE.—The term ‘‘State’’ means the licit advice and recommendations from the Be it enacted by the Senate and House of Rep- State of Colorado. tribes and the State. resentatives of the United States of America in (6) TRIBE.—The term ‘‘tribe’’ means— (2) AGREEMENTS.—The Secretary may enter Congress assembled, (A) the øCheyenne Tribe¿ Cheyenne and into cooperative agreements with the tribes SECTION 1. SHORT TITLE. Arapaho Tribes of Oklahoma; (including boards, committees, enterprises, This Act may be cited as the ‘‘Sand Creek ø(B) the Arapaho Tribe of Oklahoma; and traditional leaders of the tribes) and the Massacre National Historic Site Establish- ø(C)¿ (B) the Northern Cheyenne Tribe; or State to carry out this Act. ø ¿ ment Act of 2000’’. (D) (C) the Northern Arapaho Tribe. SEC. 6. ACQUISITION OF PROPERTY. SEC. 2. FINDINGS AND PURPOSES. SEC. 4. ESTABLISHMENT. (a) FINDINGS.—Congress finds that— (a) IN GENERAL.— (a) IN GENERAL.—The Secretary may ac- (1) on November 29, 1864, a peaceful village (1) DETERMINATION.—On a determination quire land and interests in land within the of Cheyenne and øNorthern and Southern¿ by the Secretary that land described in sub- boundaries of the site— Arapaho øIndians¿ Indians under the leader- section (b)(1) containing a sufficient quan- (1) through purchase (including purchase ship of Chief Black Kettle, along Sand Creek tity of resources to provide for the preserva- with donated or appropriated funds) only in southeastern Colorado territory was at- tion, memorialization, commemoration, and from a willing seller; and tacked by approximately 700 volunteer sol- interpretation of the Sand Creek Massacre (2) by donation, exchange, or other means, diers commanded by Colonel John M. has been acquired by the National Park except that any land or interest in land Chivington; Service, the Secretary shall establish the owned by the State (including a political (2) more than 150 Cheyenne and Arapaho Sand Creek Massacre National Historic Site, subdivision of the State) may be acquired were killed in the attack, most of whom Colorado. only by donation. were women, children, or elderly; (2) PUBLICATION.—The Secretary shall pub- ø(b) AGRICULTURE; RANCHING.—The Sec- (3) during the massacre and the following lish in the Federal Register a notice of the retary shall permit traditional agricultural day, the soldiers committed atrocities on the determination of the Secretary under para- and ranching activities conducted at the site dead before withdrawing from the field; graph (1). on the date of enactment of this Act to con- (b) BOUNDARY.— (4) the site of the Sand Creek Massacre is tinue on privately owned land within the (1) MAP AND ACREAGE.—The site shall con- of great significanceø,¿ to descendants of the designated boundary of the site in effect on sist of approximately 12,480 acres in Kiowa victims of the massacre and their respective the date of enactment of this Act. County, Colorado, the site of the Sand Creek tribes, for the commemoration of ancestors Massacre, as generally depicted on the map ø(c)¿ (b) PRIORITY FOR ACQUISITION.—The at the site; entitled, ‘‘Boundary of the Sand Creek Mas- Secretary shall give priority to the acquisi- (5) the site is a reminder of the tragic ex- sacre Site’’, numbered, SAND 80,009 IR, and tion of land containing the marker in exist- tremes sometimes reached in the 500 years of dated July 1, 2000. ence on the date of enactment of this Act, conflict between Native Americans and peo- (2) LEGAL DESCRIPTION.—The Secretary which states ‘‘Sand Creek Battleground, No- ple of European and other origins concerning shall prepare a legal description of the land vember 29 and 30, 1864’’, within the boundary the land that now comprises the United and interests in land described in paragraph of the site. States; (1). (6) Congress, in enacting the Sand Creek ø(d)¿ (c) COST-EFFECTIVENESS.— (3) PUBLIC AVAILABILITY.—The map pre- Massacre National Historic Site Study Act (1) IN GENERAL.—In acquiring land for the pared under paragraph (1) and the legal de- site, the Secretary, to the maximum extent of 1998 (Public Law 105–243; 112 Stat. 1579), di- scription prepared under paragraph (2) shall rected the National Park Service to com- practicable, shall use cost-effective alter- be on file and available for public inspection natives to Federal fee ownership, including— plete a resources study of the site; in the appropriate offices of the National (7) the study completed under that Act— (A) the acquisition of conservation ease- Park Service. ments; and (A) identified the location and extent of (4) BOUNDARY REVISION.—The Secretary the area in which the massacre took place; (B) other means of acquisition that are may, as necessary, make minor revisions to consistent with local zoning requirements. and the boundary of the site in accordance with (B) confirmed the national significance, (2) SUPPORT FACILITIES.—A support facility section 7(c) of the Land and Water Conserva- for the site that is not within the designated suitability, and feasibility of, and evaluated tion Act of 1965 (16 U.S.C. 460l–9(c)). management options for, that area, includ- boundary of the site may be located in Kiowa SEC. 5. ADMINISTRATION. County, Colorado, subject to an agreement ing designation of the site as a unit of the (a) IN GENERAL.—The Secretary shall man- between the Secretary and the Commis- National Park System; and age the site in accordance with— (8) the study included an evaluation of en- (1) this Act; sioners of Kiowa County, Colorado. vironmental impacts and preliminary cost (2) the Act entitled ‘‘An Act to establish a SEC. 7. MANAGEMENT PLAN. estimates for facility development, adminis- National Park Service, and for other pur- (a) IN GENERAL.—Not later than 5 years tration, and necessary land acquisition. poses’’, approved August 25, 1916 (39 Stat. 535; after the date on which funds are made avail- (b) PURPOSES.—The purposes of this Act 16 U.S.C. 1 et seq.); able to carry out this Act, the Secretary are— (3) the Act of August 21, 1935 (16 U.S.C. 461 shall prepare a management plan for the (1) to recognize the importance of the Sand et seq.); and site. Creek Massacre as— (4) other laws generally applicable to man- (A) a nationally significant element of agement of units of the National Park Sys- (b) INCLUSIONS.—The management plan frontier military and Native American his- tem. shall cover, at a minimum— tory; and (b) MANAGEMENT.—The Secretary shall (1) measures for the preservation of the re- (B) a symbol of the struggles of Native manage the site— sources of the site; American tribes to maintain their way of life (1) to protect and preserve the site, includ- (2) requirements for the type and extent of on ancestral land; ing— development and use of the site, including, (2) to authorize, on acquisition of sufficient (A) the topographic features that the Sec- for each development— land, the establishment of the site of the retary determines are important to the site; (A) the general location; Sand Creek Massacre as a national historic (B) artifacts and other physical remains of (B) timing and implementation require- site; and the Sand Creek Massacre; and ments; and

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(C) anticipated costs; (d) TRIBAL CONSULTATION.—In exercising (B) a symbol of the struggles of Native (3) requirements for offsite support facili- any authority under this section, the Sec- American tribes to maintain their way of life ties in Kiowa County; retary shall consult with, and solicit advice on ancestral land; (4) identification of, and implementation and recommendations from, descendants and (2) to authorize, on acquisition of sufficient commitments for, visitor carrying capacities øtribes located in the vicinity of the site.¿ land, the establishment of the site of the for all areas of the site; the tribes. Sand Creek Massacre as a national historic (5) opportunities for involvement by the SEC. 10. AUTHORIZATION OF APPROPRIATIONS. site; and tribes and the State in the formulation of There are authorized to be appropriated (3) to provide opportunities for the tribes educational programs for the site; and such sums as are necessary to carry out this and the State to be involved in the formula- (6) opportunities for involvement by the Act. tion of general management plans and edu- tribes, the State, and other local and na- The amendment (No. 4293) was agreed cational programs for the national historic tional entities in the responsibilities of de- to, as follows: site. veloping and supporting the site. SEC. 3. DEFINITIONS. AMENDMENT NO. 4293 SEC. 8. SPECIAL NEEDS OF DESCENDANTS. In this Act: (Purpose: Technical and clarifying (a) IN GENERAL.—A descendant shall have (1) DESCENDANT.—The term ‘‘descendant’’ corrections) øspecial¿ reasonable rights of access to, and means a member of a tribe, an ancestor of use of, federally acquired land within the On page 5, line 23, strike ‘‘Boundary of the whom was injured or killed in, or otherwise site, in accordance with the terms and condi- San Creek Massacre Site’’ and insert in lieu affected by, the Sand Creek Massacre. tions of a written agreement between the thereof ‘‘Sand Creek Massacre Historic (2) MANAGEMENT PLAN.—The term ‘‘man- Secretary and the tribe of which the de- Site’’. agement plan’’ means the management plan scendant is a member. On page 5, line 25, strike ‘‘SAND 80,009 IR’’ required to be developed for the site under and insert in lieu thereof ‘‘SAND 80,013 IR’’. section 7(a). (b) COMMEMORATIVE NEEDS.—In addition to (3) SECRETARY.—The term ‘‘Secretary’’ the rights described in subsection (a), any The committee amendments were means the Secretary of the Interior, acting øspecial¿ reasonable need of a descendant agreed to. through the Director of the National Park shall be considered in park planning and op- The bill (S. 2950), as amended, was Service. erations, especially with respect to com- read the third time and passed, as fol- (4) SITE.—The term ‘‘site’’ means the Sand memorative activities in designated areas lows: Creek Massacre National Historic Site estab- within the site. S. 2950 lished under section 4(a). SEC. 9. TRIBAL ACCESS FOR TRADITIONAL CUL- Be it enacted by the Senate and House of Rep- (5) STATE.—The term ‘‘State’’ means the TURAL AND HISTORICAL OBSERV- State of Colorado. ANCE. resentatives of the United States of America in Congress assembled, (6) TRIBE.—The term ‘‘tribe’’ means— (a) ACCESS.— (A) the Cheyenne and Arapaho Tribes of SECTION 1. SHORT TITLE. (1) IN GENERAL.—The Secretary shall grant Oklahoma; This Act may be cited as the ‘‘Sand Creek to any descendant or other member of a tribe (B) the Northern Cheyenne Tribe; or Massacre National Historic Site Establish- reasonable access to federally acquired land (C) the Northern Arapaho Tribe. within the site for the purpose of carrying ment Act of 2000’’. SEC. 4. ESTABLISHMENT. out a traditional, cultural, or historical ob- SEC. 2. FINDINGS AND PURPOSES. (a) IN GENERAL.— servance. (a) FINDINGS.—Congress finds that— (1) DETERMINATION.—On a determination (2) NO FEE.—The Secretary shall not (1) on November 29, 1864, a peaceful village by the Secretary that land described in sub- charge any fee for access granted under para- of Cheyenne and Arapaho Indians under the section (b)(1) containing a sufficient quan- graph (1). leadership of Chief Black Kettle, along Sand tity of resources to provide for the preserva- ø (b) TEMPORARY MEASURES.— Creek in southeastern Colorado territory tion, memorialization, commemoration, and ø (1) IN GENERAL.—In addition to access was attacked by approximately 700 volunteer interpretation of the Sand Creek Massacre granted under subsection (a), the Secretary, soldiers commanded by Colonel John M. has been acquired by the National Park on a request by a tribe, may take such tem- Chivington; Service, the Secretary shall establish the porary measures as are necessary, regarding (2) more than 150 Cheyenne and Arapaho Sand Creek Massacre National Historic Site, 1 or more portions of federally acquired land were killed in the attack, most of whom Colorado. within the site, to protect the privacy of any were women, children, or elderly; (2) PUBLICATION.—The Secretary shall pub- traditional, cultural, or historical observ- (3) during the massacre and the following lish in the Federal Register a notice of the ance of the tribe that is conducted on that day, the soldiers committed atrocities on the determination of the Secretary under para- land. dead before withdrawing from the field; graph (1). ø(2) DURATION; AREA.—A temporary meas- (4) the site of the Sand Creek Massacre is (b) BOUNDARY.— ure under paragraph (1) shall remain in ef- of great significance to descendants of the (1) MAP AND ACREAGE.—The site shall con- fect only for the duration of, and with re- victims of the massacre and their respective sist of approximately 12,480 acres in Kiowa spect to the area in the site that is involved tribes, for the commemoration of ancestors County, Colorado, the site of the Sand Creek in, the carrying out of a traditional, cul- at the site; Massacre, as generally depicted on the map tural, or historical observance under para- (5) the site is a reminder of the tragic ex- entitled, ‘‘Sand Creek Massacre Historic graph (1).¿ tremes sometimes reached in the 500 years of Site’’, numbered, SAND 80,013 IR, and dated (b) CONDITIONS OF ACCESS.—In granting ac- conflict between Native Americans and peo- July 1, 2000. cess under subsection (a), the Secretary shall ple of European and other origins concerning (2) LEGAL DESCRIPTION.—The Secretary temporarily close to the general public one or the land that now comprises the United shall prepare a legal description of the land more specific portions of the site in order to pro- States; and interests in land described in paragraph tect the privacy of tribal members engaging in a (6) Congress, in enacting the Sand Creek (1). traditional, cultural, or historical observance in Massacre National Historic Site Study Act (3) PUBLIC AVAILABILITY.—The map pre- those portions; and any such closure shall be of 1998 (Public Law 105–243; 112 Stat. 1579), di- pared under paragraph (1) and the legal de- made in a manner that affects the smallest prac- rected the National Park Service to com- scription prepared under paragraph (2) shall ticable area for the minimum period necessary plete a resources study of the site; be on file and available for public inspection for the purposes described above. (7) the study completed under that Act— in the appropriate offices of the National (c) SAND CREEK REPATRIATION SITE.— (A) identified the location and extent of Park Service. (1) IN GENERAL.—The Secretary shall dedi- the area in which the massacre took place; (4) BOUNDARY REVISION.—The Secretary cate a portion of the federally acquired land and may, as necessary, make minor revisions to within the site to the establishment and op- (B) confirmed the national significance, the boundary of the site in accordance with eration of a site at which certain items re- suitability, and feasibility of, and evaluated section 7(c) of the Land and Water Conserva- ferred to in paragraph (2) that are repatri- management options for, that area, includ- tion Act of 1965 (16 U.S.C. 460l–9(c)). ated under the Native American Graves Pro- ing designation of the site as a unit of the SEC. 5. ADMINISTRATION. tection and Repatriation Act (25 U.S.C. 300 et National Park System; and (a) IN GENERAL.—The Secretary shall man- seq.) or any other provision of law may be in- (8) the study included an evaluation of en- age the site in accordance with— terred, reinterred, preserved, or otherwise vironmental impacts and preliminary cost (1) this Act; protected. estimates for facility development, adminis- (2) the Act entitled ‘‘An Act to establish a (2) ACCEPTABLE ITEMS.—The items referred tration, and necessary land acquisition. National Park Service, and for other pur- to in paragraph (1) are any items associated (b) PURPOSES.—The purposes of this Act poses’’, approved August 25, 1916 (39 Stat. 535; with the Sand Creek Massacre, such as— are— 16 U.S.C. 1 et seq.); (A) Native American human remains; (1) to recognize the importance of the Sand (3) the Act of August 21, 1935 (16 U.S.C. 461 (B) associated funerary objects; Creek Massacre as— et seq.); and (C) unassociated funerary objects; (A) a nationally significant element of (4) other laws generally applicable to man- (D) sacred objects; and frontier military and Native American his- agement of units of the National Park Sys- (E) objects of cultural patrimony. tory; and tem.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.035 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S9999 (b) MANAGEMENT.—The Secretary shall (3) requirements for offsite support facili- Watershed Management Unit, Oregon, manage the site— ties in Kiowa County; and for other purposes, which had been (1) to protect and preserve the site, (4) identification of, and implementation reported from the Committee on En- including— commitments for, visitor carrying capacities ergy and Natural Resources with an (A) the topographic features that the Sec- for all areas of the site; retary determines are important to the site; (5) opportunities for involvement by the amendment to insert the part printed (B) artifacts and other physical remains of tribes and the State in the formulation of in italic. the Sand Creek Massacre; and educational programs for the site; and S. 2691 (C) the cultural landscape of the site, in a (6) opportunities for involvement by the Be it enacted by the Senate and House of Rep- manner that preserves, as closely as prac- tribes, the State, and other local and na- resentatives of the United States of America in ticable, the cultural landscape of the site as tional entities in the responsibilities of de- Congress assembled, it appeared at the time of the Sand Creek veloping and supporting the site. SECTION 1. INCLUSION OF ADDITIONAL PORTION Massacre; SEC. 8. NEEDS OF DESCENDANTS. OF THE LITTLE SANDY RIVER WA- TERSHED IN THE BULL RUN WATER- (2)(A) to interpret the natural and cultural (a) IN GENERAL.—A descendant shall have SHED MANAGEMENT UNIT, OREGON. resource values associated with the site; and reasonable rights of access to, and use of, (a) IN GENERAL.—Public Law 95–200 (16 (B) provide for public understanding and federally acquired land within the site, in ac- appreciation of, and preserve for future gen- U.S.C. 482b note) is amended by striking sec- cordance with the terms and conditions of a tion 1 and inserting the following: erations, those values; and written agreement between the Secretary ‘‘SECTION 1. ESTABLISHMENT OF SPECIAL RE- (3) to memorialize, commemorate, and pro- and the tribe of which the descendant is a vide information to visitors to the site to— SOURCES MANAGEMENT UNIT; DEFI- member. NITION OF SECRETARY. (A) enhance cultural understanding about (b) COMMEMORATIVE NEEDS.—In addition to ‘‘(a) ESTABLISHMENT.— the site; and the rights described in subsection (a), any ‘‘(1) IN GENERAL.—There is established, sub- (B) assist in minimizing the chances of reasonable need of a descendant shall be con- ject to valid existing rights, a special re- similar incidents in the future. sidered in park planning and operations, es- sources management unit in the State of Or- (c) CONSULTATION AND TRAINING.— pecially with respect to commemorative ac- egon comprising approximately 98,272 acres, (1) IN GENERAL.—In developing the manage- tivities in designated areas within the site. as depicted on a map dated May 2000, and en- ment plan and preparing educational pro- SEC. 9. TRIBAL ACCESS FOR TRADITIONAL CUL- titled ‘Bull Run Watershed Management grams for the public about the site, the Sec- TURAL AND HISTORICAL OBSERV- Unit’. retary shall consult with and solicit advice ANCE. ‘‘(2) MAP.—The map described in paragraph and recommendations from the tribes and (a) ACCESS.— (1) shall be on file and available for public in- the State. (1) IN GENERAL.—The Secretary shall grant spection in the offices of the Regional For- (2) AGREEMENTS.—The Secretary may enter to any descendant or other member of a tribe ester-Pacific Northwest Region, Forest Serv- into cooperative agreements with the tribes reasonable access to federally acquired land ice, Department of Agriculture, and in the (including boards, committees, enterprises, within the site for the purpose of carrying offices of the State Director, Bureau of Land and traditional leaders of the tribes) and the out a traditional, cultural, or historical ob- Management, Department of the Interior. State to carry out this Act. servance. ‘‘(3) BOUNDARY ADJUSTMENTS.—Minor ad- SEC. 6. ACQUISITION OF PROPERTY. (2) NO FEE.—The Secretary shall not justments in the boundaries of the unit may (a) IN GENERAL.—The Secretary may ac- charge any fee for access granted under para- be made from time to time by the Secretary quire land and interests in land within the graph (1). after consultation with the city and appro- boundaries of the site— (b) CONDITIONS OF ACCESS.—In granting ac- priate public notice and hearings. (1) through purchase (including purchase cess under subsection (a), the Secretary shall ‘‘(b) DEFINITION OF SECRETARY.—In this with donated or appropriated funds) only temporarily close to the general public one Act, the term ‘Secretary’ means— from a willing seller; and or more specific portions of the site in order ‘‘(1) with respect to land administered by (2) by donation, exchange, or other means, to protect the privacy of tribal members en- the Secretary of Agriculture, the Secretary except that any land or interest in land gaging in a traditional, cultural, or histor- of Agriculture; and owned by the State (including a political ical observance in those portions; and any ‘‘(2) with respect to land administered by subdivision of the State) may be acquired such closure shall be made in a manner that the Secretary of the Interior, the Secretary only by donation. affects the smallest practicable area for the of the Interior.’’. (b) PRIORITY FOR ACQUISITION.—The Sec- minimum period necessary for the purposes (b) CONFORMING AND TECHNICAL AMEND- retary shall give priority to the acquisition described above. MENTS.— of land containing the marker in existence (c) SAND CREEK REPATRIATION SITE.— (1) SECRETARY.—Public Law 95–200 (16 on the date of enactment of this Act, which (1) IN GENERAL.—The Secretary shall dedi- U.S.C. 482b note) is amended by striking states ‘‘Sand Creek Battleground, November cate a portion of the federally acquired land ‘‘Secretary of Agriculture’’ each place it ap- 29 and 30, 1864’’, within the boundary of the within the site to the establishment and op- pears (except subsection (b) of section 1, as site. eration of a site at which certain items re- added by subsection (a), and except in the (c) COST-EFFECTIVENESS.— ferred to in paragraph (2) that are repatri- amendments made by paragraph (2)) and in- (1) IN GENERAL.—In acquiring land for the ated under the Native American Graves Pro- serting ‘‘Secretary’’. site, the Secretary, to the maximum extent tection and Repatriation Act (25 U.S.C. 300 et (2) APPLICABLE LAW.— practicable, shall use cost-effective alter- seq.) or any other provision of law may be in- (A) IN GENERAL.—Section 2(a) of Public natives to Federal fee ownership, including— terred, reinterred, preserved, or otherwise Law 95–200 (16 U.S.C. 482b note) is amended (A) the acquisition of conservation ease- protected. by striking ‘‘applicable to National Forest ments; and (2) ACCEPTABLE ITEMS.—The items referred System lands’’ and inserting ‘‘applicable to (B) other means of acquisition that are to in paragraph (1) are any items associated National Forest System land (in the case of consistent with local zoning requirements. with the Sand Creek Massacre, such as— land administered by the Secretary of Agri- (2) SUPPORT FACILITIES.—A support facility (A) Native American human remains; culture) or applicable to land under the ad- for the site that is not within the designated (B) associated funerary objects; ministrative jurisdiction of the Bureau of boundary of the site may be located in Kiowa (C) unassociated funerary objects; Land Management (in the case of land ad- County, Colorado, subject to an agreement (D) sacred objects; and ministered by the Secretary of the Inte- between the Secretary and the Commis- (E) objects of cultural patrimony. rior)’’. sioners of Kiowa County, Colorado. (d) TRIBAL CONSULTATION.—In exercising (B) MANAGEMENT PLANS.—The first sen- SEC. 7. MANAGEMENT PLAN. any authority under this section, the Sec- tence of section 2(c) of Public Law 95–200 (16 (a) IN GENERAL.—Not later than 5 years retary shall consult with, and solicit advice U.S.C. 482b note) is amended— after the date on which funds are made avail- and recommendations from, descendants and (i) by striking ‘‘subsection (a) and (b)’’ and able to carry out this Act, the Secretary the tribes. inserting ‘‘subsections (a) and (b)’’; and shall prepare a management plan for the SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (ii) by striking ‘‘, through the mainte- site. There are authorized to be appropriated nance’’ and inserting ‘‘(in the case of land (b) INCLUSIONS.—The management plan such sums as are necessary to carry out this administered by the Secretary of Agri- shall cover, at a minimum— Act. culture) or section 202 of the Federal Land (1) measures for the preservation of the re- f Policy and Management Act of 1976 (43 sources of the site; U.S.C. 1712) (in the case of land administered (2) requirements for the type and extent of PROTECTIONS FOR LITTLE SANDY by the Secretary of the Interior), through development and use of the site, including, RIVER the maintenance’’. for each development— SEC. 2. MANAGEMENT. (A) the general location; The Senate proceeded to consider the (a) TIMBER HARVESTING RESTRICTIONS.— (B) timing and implementation require- bill (S. 2691) to provide further protec- Section 2(b) of Public Law 95–200 (16 U.S.C. ments; and tions for the watershed of the Little 482b note) is amended by striking paragraph (C) anticipated costs; Sandy River as part of the Bull Run (1) and inserting the following:

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.150 pfrm04 PsN: S05PT2 S10000 CONGRESSIONAL RECORD — SENATE October 5, 2000

‘‘(1) IN GENERAL.—Subject to paragraph (2), AMENDMENT NO. 4294 SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE SANDY RIVER WA- the Secretary shall prohibit the cutting of (Purpose: The amendment replaces two sec- trees on Federal land in the entire unit, as TERSHED IN THE BULL RUN WATER- tions of the bill to require the Secretaries SHED MANAGEMENT UNIT, OREGON. designated in section 1 and depicted on the of Agriculture and Interior to complete an (a) IN GENERAL.—Public Law 95–200 (16 map referred to in that section.’’. administrative reclassification such that U.S.C. 482b note) is amended by striking sec- (b) REPEAL OF MANAGEMENT EXCEPTION.— Oregon and California Railroad lands with- tion 1 and inserting the following: The Oregon Resource Conservation Act of in the area described in the Act become ‘‘SECTION 1. ESTABLISHMENT OF SPECIAL RE- 1996 (division B of Public Law 104–208) is public domains lands not subject to dis- SOURCES MANAGEMENT UNIT; DEFI- tribution provisions, and to authorize eco- NITION OF SECRETARY. amended by striking section 606 (110 Stat. system restoration activities in Clackamas ‘‘(a) ESTABLISHMENT.— 3009–543). County, Oregon) ‘‘(1) IN GENERAL.—There is established, sub- (c) REPEAL OF DUPLICATIVE ENACTMENT.— ject to valid existing rights, a special re- Strike Section 3, through the end of the sources management unit in the State of Or- Section 1026 of division I of the Omnibus bill, and insert: Parks and Public Lands Management Act of egon comprising approximately 98,272 acres, SEC. 3. LAND RECLASSIFICATION. as depicted on a map dated May 2000, and en- 1996 (Public Law 104–333; 110 Stat. 4228) and titled ‘Bull Run Watershed Management the amendments made by that section are (a) Within six months of the date of enact- ment of this Act, the Secretaries of Agri- Unit’. repealed. culture and Interior shall identify any Or- ‘‘(2) MAP.—The map described in paragraph (d) WATER RIGHTS.—Nothing in this section egon and California Railroad lands (O&C (1) shall be on file and available for public in- strengthens, diminishes, or has any other ef- lands) subject to the distribution provision spection in the offices of the Regional For- fect on water rights held by any person or of the Act of August 28, 1937 (chapter 876, ester-Pacific Northwest Region, Forest Serv- ice, Department of Agriculture, and in the entity. title II, 50 Stat. 875; 43 U.S.C. Sec. 1181f) within the boundary of the special resources offices of the State Director, Bureau of Land SEC. 3. LAND RECLASSIFICATION. management area described in Section 1 of Management, Department of the Interior. this Act. ‘‘(3) BOUNDARY ADJUSTMENTS.—Minor ad- (a) Within six months of the date of enact- justments in the boundaries of the unit may ment of this Act, the Secretaries of Agriculture (b) Within eighteen months of the date of be made from time to time by the Secretary and Interior shall identify any Oregon and enactment of this Act, the Secretary of the after consultation with the city and appro- California Railroad lands (O&C lands) subject Interior shall identify public domain lands priate public notice and hearings. to the distribution provision of the Act of Au- within the Medford, Roseburg, Eugene, ‘‘(b) DEFINITION OF SECRETARY.—In this gust 28, 1937 (chapter 876, title II, 50 Stat. 875; Salem and Coos Bay Districts and the Klam- Act, the term ‘Secretary’ means— 43 U.S.C. § 1181f) within the boundary of the ath Resource Area of the Lakeview District ‘‘(1) with respect to land administered by of the Bureau of Land Management approxi- special resources management area described in the Secretary of Agriculture, the Secretary mately equal in size and condition as those Section 1 of this Act. of Agriculture; and lands identified in paragraph (a) but not sub- ‘‘(2) with respect to land administered by (b) Interior shall identify public domain lands ject to the Act of August 28, 1937 (chapter the Secretary of the Interior, the Secretary within the Medford, Roseburg, Eugene, Salem 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 1181a– of the Interior.’’. and Coos Bay Districts and the Klamath Re- f). For purposes of this paragraph, ‘‘public (b) CONFORMING AND TECHNICAL AMEND- source Area of the Lakeview District of the Bu- domain lands’’ shall have the meaning given MENTS.— reau of Land Management approximately equal the term ‘‘public lands’’ in Section 103 of the (1) SECRETARY.—Public Law 95–200 (16 in size and condition as those lands identified in Federal Land Policy and Management Act of U.S.C. 482b note) is amended by striking paragraph (a) but not subject to the distribution 1976 (43 U.S.C. 1702), but excluding there from ‘‘Secretary of Agriculture’’ each place it ap- provision of the Act of August 28, 1937 (chapter any lands managed pursuant to the Act of pears (except subsection (b) of section 1, as 876, title II, 50 Stat. 875; 43 U.S.C. § 1181f). For August 28, 1937 (chapter 876, title II, 50 Stat. added by subsection (a), and except in the purposes of this paragraph, ‘‘public domain 875; 43 U.S.C. 1181a–f). amendments made by paragraph (2)) and in- lands’’ shall have the meaning given the term (c) Within two years after the date of en- serting ‘‘Secretary’’. ‘‘public lands’’ in Section 103 of the Federal actment of this Act, the Secretary of the In- (2) APPLICABLE LAW.— (A) IN GENERAL.—Section 2(a) of Public Land Policy and Management Act of 1976 (43 terior shall submit to Congress and publish Law 95–200 (16 U.S.C. 482b note) is amended U.S.C. § 1702), but excluding therefrom any in the Federal Register a map or maps iden- by striking ‘‘applicable to National Forest lands managed pursuant to the Act of August tifying those public domain lands pursuant to paragraphs (a) and (b) of this Section. System lands’’ and inserting ‘‘applicable to 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 After an opportunity for public comment, National Forest System land (in the case of U.S.C. § 1181f). the Secretary of the Interior shall complete land administered by the Secretary of Agri- (c) Within two years after the date of enact- an administrative land reclassification such culture) or applicable to land under the ad- ment of this Act, the Secretary of the Interior that those lands identified pursuant to para- ministrative jurisdiction of the Bureau of shall submit to Congress and publish in the Fed- graph (a) become public domain lands not Land Management (in the case of land ad- eral Register a map or maps identifying those subject to the distribution provision of the ministered by the Secretary of the Inte- public domain lands pursuant to paragraphs (a) Act of August 28, 1937 (chapter 876, title II, 50 rior)’’. and (b) of this Section. After an opportunity for Stat. 875; 43 U.S.C. Sec. 1181f) and those lands (B) MANAGEMENT PLANS.—The first sen- public comment, the Secretary of the Interior identified pursuant to paragraph (b) become tence of section 2(c) of Public Law 95–200 (16 shall complete an administrative land reclassi- Oregon and California Railroad lands (O&C U.S.C. 482b note) is amended— (i) by striking ‘‘subsection (a) and (b)’’ and fication such that those lands identified pursu- lands) subject to the Act of August 28, 1937 inserting ‘‘subsections (a) and (b)’’; and ant to paragraph (a) become public domain (chapter 876, title II, 50 Stat. 875; 43 U.S.C. (ii) by striking ‘‘, through the mainte- lands not subject to the distribution provision of 1181a–f). nance’’ and inserting ‘‘(in the case of land SEC. 4. ENVIRONMENTAL RESTORATION. the Act of August 28, 1937 (chapter 876, title II, administered by the Secretary of Agri- 50 Stat. 875; 43 U.S.C. § 1181f) and those lands (a) IN GENERAL.—In order to further the culture) or section 202 of the Federal Land identified pursuant to paragraph (b) become Or- purposes of this Act, there is hereby author- Policy and Management Act of 1976 (43 egon and California Railroad lands (O&C ized to be appropriated $10 million under the U.S.C. 1712) (in the case of land administered lands) subject to the distribution provision of provisions of section 323 of the FY 1999 Inte- by the Secretary of the Interior), through the Act of August 28, 1937 (chapter 876, title II, rior Appropriations Act (P.L. 105–277) for the maintenance’’. 50 Stat. 875; 43 U.S.C. § 1181f). Clackamas County, Oregon, for watershed SEC. 2. MANAGEMENT. restoration, except timber extraction, that (a) TIMBER HARVESTING RESTRICTIONS.— SEC. 4. ENVIRONMENTAL RESTORATION. protects or enhances water quality or relates Section 2(b) of Public Law 95–200 (16 U.S.C. (a) IN GENERAL.—In order to further the pur- to the recovery of species listed pursuant to 482b note) is amended by striking paragraph poses of this Act, there is hereby authorized to the Endangered Species Act (Public Law 93– (1) and inserting the following: be appropriated $10 million under the provisions 205) near the Bull Run Management Unit. ‘‘(1) IN GENERAL.—Subject to paragraph (2), of section 323 of the FY 1999 Interior Appropria- The committee amendment was the Secretary shall prohibit the cutting of tions Act (P.L. 105–277) for Clackamas County, agreed to. trees on Federal land in the entire unit, as designated in section 1 and depicted on the Oregon, for watershed restoration near the Bull The bill (S. 2691), as amended, was Run Management Unit. map referred to in that section.’’. read the third time and passed, as fol- (b) REPEAL OF MANAGEMENT EXCEPTION.— The amendment (No. 4294) was agreed lows: The Oregon Resource Conservation Act of to, as follows: S. 2691 1996 (division B of Public Law 104–208) is amended by striking section 606 (110 Stat. Be it enacted by the Senate and House of Rep- 3009–543). resentatives of the United States of America in (c) REPEAL OF DUPLICATIVE ENACTMENT.— Congress assembled, Section 1026 of division I of the Omnibus

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.037 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10001 Parks and Public Lands Management Act of SECTION 1. SHORT TITLE. use the criteria for the study of areas for poten- 1996 (Public Law 104–333; 110 Stat. 4228) and This Act may be cited as the ‘‘Harriet Tubman tial inclusion in the National Park System con- the amendments made by that section are Special Resource Study Act’’. tained in Section 8 of P.L. 91–383, as amended repealed. SEC. 2. FINDINGS. by Section 303 of the National Park Omnibus (d) WATER RIGHTS.—Nothing in this section Congress finds that— Management Act ((P.L. 105–391), 112 Stat. 3501). strengthens, diminishes, or has any other ef- (1) Harriet Tubman was born into slavery on (d) CONSULTATION.—In preparing and con- fect on water rights held by any person or a plantation in Dorchester County, Maryland, ducting the study under subsection (a), the Sec- entity. in 1821; retary shall consult with— SEC. 3. LAND RECLASSIFICATION. (2) in 1849, Harriet Tubman escaped the plan- (1) the Governors of the States of Maryland (a) Within 6 months of the date of enact- tation on foot, using the North Star for direction and New York; ment of this Act, the Secretaries of Agri- and following a route through Maryland, Dela- (2) a member of the Board of County Commis- culture and Interior shall identify any Or- ware, and Pennsylvania to Philadelpha, where sioners of Dorchester County, Maryland; egon and California Railroad lands (O&C she gained her freedom; (3) the Mayor of the city of Auburn, New lands) subject to the distribution provision (3) Harriet Tubman is an important figure in York; of the Act of August 28, 1937 (chapter 876, the history of the United States, and is most fa- (4) the owner of the sites specified in sub- title II, 50 Stat. 875; 43 U.S.C. sec. 1181f) with- mous for her role as a ‘‘conductor’’ on the Un- section (a); and in the boundary of the special resources derground Railroad, in which, as a fugitive (5) the appropriate representatives of— management area described in section 1 of slave, she helped hundreds of enslaved individ- (A) the Thompson Memorial A.M.E. Zion this Act. uals to esacape to freedom before and during the Church; (b) Within 18 months of the date of enact- Civil War; (B) the Bazel Church; ment of this Act, the Secretary of the Inte- (4) during the Civil War, Harriet Tubman (C) the Harriet Tubman Foundation; and rior shall identify public domain lands with- served the Union Army as a guide, spy, and (D) the Harriet Tubman Organization, Inc. in the Medford, Roseburg, Eugene, Salem nurse; (e) REPORT.—Not later than 2 years after the and Coos Bay Districts and the Klamath Re- (5) after the Civil War, Harriet Tubman was date on which funds are made available for the source Area of the Lakeview District of the an advocate for the education of black children; study under subsection (a), the Secretary shall Bureau of Land Management approximately (6) Harriet Tubman settled in Auburn, New submit to Congress a report describing the re- equal in size and condition as those lands York, in 1857, and lived there until 1913; sults of the study. identified in subsection (a) but not subject to (7) while in Auburn, Harriet Tubman dedi- The amendment (No. 4295) was agreed cated her life to caring selflessly and tirelessly the Act of August 28, 1937 (chapter 876, title to, as follows: II, 50 Stat. 875; 43 U.S.C. sec. 1181a–f). For for people who could not care for themselves, AMENDMENT NO. 4295 purposes of this subsection, ‘‘public domain was an influential member of the community lands’’ shall have the meaning given the and an active member of the Thompson Memo- (Purpose: To make a technical correction) term ‘‘public lands’’ in section 103 of the rial A.M.E. Zion Church, and established a On page 7, line 24, strike ‘‘Port Hill Ceme- Federal Land Policy and Management Act of home for the elderly; tery,’’ and insert in lieu thereof ‘‘Fort Hill 1976 (43 U.S.C. 1702), but excluding therefrom (8) Harriet Tubman was a friend of William Cemetery,’’. Henry Seward, who served as the Governor of any lands managed pursuant to the Act of The committee amendment in the August 28, 1937 (chapter 876, title II, 50 Stat. and a Senator from the State of New York and 875; 43 U.S.C. 1181a–f). as Secretary of State under President Abraham nature of a substitute, as amended, was (c) Within 2 years after the date of enact- Lincoln; agreed to. ment of this Act, the Secretary of the Inte- (9) 4 sites in Auburn that directly relate to The bill (S. 2345), as amended, was rior shall submit to Congress and publish in Harriet Tubman and are listed on the National read the third time and passed, as fol- the Federal Register a map or maps identi- Register of Historic Places are— lows: fying those public domain lands pursuant to (A) Harriet Tubman’s home; (B) the Harriet Tubman Home for the Aged; S. 2345 subsections (a) and (b) of this section. After (C) the Thompson Memorial A.M.E. Zion an opportunity for public comment, the Sec- Be it enacted by the Senate and House of Rep- Church; and retary of the Interior shall complete an ad- resentatives of the United States of America in (D) Harriet Tubman Home for the Aged and ministrative land reclassification such that Congress assembled, William Henry Seward’s home in Auburn are those lands identified pursuant to subsection SECTION 1. SHORT TITLE. national historic landmarks. (a) become public domain lands not subject This Act may be cited as the ‘‘Harriet Tub- to the distribution provision of the Act of SEC. 3. STUDY CONCERNING SITES IN AUBURN, man Special Resource Study Act’’. NEW YORK, ASSOCIATED WITH HAR- August 28, 1937 (chapter 876, title II, 50 Stat. RIET TUBMAN. SEC. 2. FINDINGS. 875; 43 U.S.C. Sec. 1181f) and those lands iden- (a) IN GENERAL.—The Secretary of the Inte- Congress finds that— tified pursuant to subsection (b) become Or- rior shall conduct a special resource study of (1) Harriet Tubman was born into slavery egon and California Railroad lands (O&C the national significance, feasibility of long- on a plantation in Dorchester County, Mary- lands) subject to the Act of August 28, 1937 term preservation, and public use of the fol- land, in 1821; (chapter 876, title II, 50 Stat. 875; 43 U.S.C. lowing sites associated with Harriet Tubman: (2) in 1849, Harriet Tubman escaped the 1181a–f). (1) Harriet Tubman’s Birthplace, located on plantation on foot, using the North Star for SEC. 4. ENVIRONMENTAL RESTORATION. Greenbriar Road, off of Route 50, in Dorchester direction and following a route through (a) IN GENERAL.—In order to further the County, Maryland. Maryland, Delaware, and Pennsylvania to purposes of this Act, there is hereby author- (2) Bazel Church, located 1 mile South of Philadelphia, where she gained her freedom; ized to be appropriated $10,000,000 under the Greenbriar Road in Cambridge, Maryland. (3) Harriet Tubman is an important figure provisions of section 323 of the FY 1999 Inte- (3) Harriet Tubman’s home, located at 182 in the history of the United States, and is rior Appropriations Act (P.L. 105–277) for South Street, Auburn, New York. most famous for her role as a ‘‘conductor’’ Clackamas County, Oregon, for watershed (4) The Harriet Tubman Home for the Aged, on the Underground Railroad, in which, as a restoration, except timber extraction, that located at 180 South Street, Auburn, New York. fugitive slave, she helped hundreds of protects or enhances water quality or relates (5) The Thompson Memorial A.M.E. Zion enslaved individuals to escape to freedom be- to the recovery of species listed pursuant to Church, located at 33 Parker Street, Auburn, fore and during the Civil War; the Endangered Species Act (P.L. 93–205) New York. (4) during the Civil War, Harriet Tubman near the Bull Run Management Unit. (6) Harriet Tubman’s grave at Port Hill Ceme- served the Union Army as a guide, spy, and f tery, located at 19 Fort Street, Auburn, New nurse; York. (5) after the Civil War, Harriet Tubman HARRIET TUBMAN SPECIAL (7) William Henry Seward’s home, located at was an advocate for the education of black RESOURCE STUDY ACT 33 South Street, Auburn, New York. children; (b) INCLUSION OF SITES IN THE NATIONAL PARK (6) Harriet Tubman settled in Auburn, New The Senate proceeded to consider the SYSTEM.—The study under subsection (a) shall York, in 1857, and lived there until 1913; bill (S. 2345) to direct the Secretary of include an analysis and any recommendations (7) while in Auburn, Harriet Tubman dedi- the Interior to conduct a special re- of the Secretary concerning the suitability and cated her life to caring selflessly and tire- source study concerning the preserva- feasibility of— lessly for people who could not care for tion and public use of sites associated (1) designating one or more of the sites speci- themselves, was an influential member of with Harriet Tubman located in Au- fied in subsection (a) as units of the National the community and an active member of the burn, NY, and for other purposes, Park System; and Thompson Memorial A.M.E. Zion Church, which had been reported from the Com- (2) establishing a national heritage corridor and established a home for the elderly; that incorporates the sites specified in sub- (8) Harriet Tubman was a friend of William mittee on Energy and Natural Re- section (a) and any other sites associated with Henry Seward, who served as the Governor of sources with an amendment to strike Harriet Tubman. and a Senator from the State of New York out all after the enacting clause and (c) STUDY GUIDELINES.—In conducting the and as Secretary of State under President insert the part printed in italic. study authorized by this Act, the Secretary shall Abraham Lincoln;

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.149 pfrm04 PsN: S05PT2 S10002 CONGRESSIONAL RECORD — SENATE October 5, 2000 (9) 4 sites in Auburn that directly relate to the Interior to recalculate the fran- appointment of the arbitrator or the conduct of Harriet Tubman and are listed on the Na- chise fee owed by Fort Sumter Tours, the arbitration, may petition the United States tional Register of Historic Places are— Inc., a concessioner providing service District Court for the District of South Carolina (A) Harriet Tubman’s home; to Fort Sumter National Monument, or the United States District Court for the Dis- (B) the Harriet Tubman Home for the trict of Columbia for an order directing that the Aged; SC, which had been reported from the arbitration proceed in the manner provided by (C) the Thompson Memorial A.M.E. Zion Committee on Energy and Natural Re- this Act. Church; and sources with an amendment to strike Amend the title to read: ‘‘A bill to re- (D) Harriet Tubman Home for the Aged and out all after the enacting clause and quire the Secretary of the Interior to submit William Henry Seward’s home in Auburn are insert the part printed in italic. the dispute over the franchise fee owed by national historic landmarks. SECTION 1. ARBITRATION REQUIREMENT. Fort Sumter Tours, Inc. to binding arbitra- SEC. 3. STUDY CONCERNING SITES IN AUBURN, The Secretary of the Interior (in this Act re- tion.’’. NEW YORK, ASSOCIATED WITH HAR- ferred to as the ‘‘Secretary’’) shall, upon the re- The amendment (No. 4296) was agreed RIET TUBMAN. quest of Fort Sumter Tours, Inc. (in this Act re- to, as follows: (a) IN GENERAL.—The Secretary of the In- ferred to as the ‘‘Concessioner’’), agree to bind- terior shall conduct a special resource study AMENDMENT NO. 4296 ing arbitration to determine the franchise fee of the national significance, feasibility of Strike all and insert the following: payable under the contract executed on June 13, long-term preservation, and public use of the ‘‘SECTION 1. ARBITRATION REQUIREMENT. 1986, by the Concessioner and the National Park following sites associated with Harriet Tub- ‘‘The Secretary of the Interior (in this Act Service, under which the Concessioner provides man: referred to as the ‘Secretary’) shall, upon the passenger boat service to Fort Sumter National (1) Harriet Tubman’s Birthplace, located request of Fort Sumter Tours, Inc. (in this Monument in Charleston Harbor, South Caro- on Greenbriar Road, off of Route 50, in Dor- Act referred to as the ‘Concessioner’), agree lina (in this Act referred to as ‘‘the Contract’’). chester County, Maryland. to binding arbitration to determine the fran- (2) Bazel Church, located 1 mile South of SEC. 2. APPOINTMENT OF THE ARBITRATOR. chise fee payable under the contract exe- Greenbriar Road in Cambridge, Maryland. (a) MUTUAL AGREEMENT.—Not later than 90 cuted on June 13, 1986 by the Concessioner (3) Harriet Tubman’s home, located at 182 days after the date of enactment of this Act, and the National Park Service, under which South Street, Auburn, New York. The Secretary and the Concessioner shall jointly the Concessioner provides passenger boat (4) The Harriet Tubman Home for the select a single arbitrator to conduct the arbitra- service to Fort Sumter National Monument Aged, located at 180 South Street, Auburn, tion under this Act. in Charleston Harbor, South Carolina (in New York. (b) FAILURE TO AGREE.—If the Secretary and this Act referred to as ‘the Contract’). (5) The Thompson Memorial A.M.E. Zion the concessioner are unable to agree on the se- ‘‘SEC. 2. APPOINTMENT OF THE ARBITRATOR. Church, located at 33 Parker Street, Auburn, lection of a single arbitrator within 90 days ‘‘(a) MUTUAL AGREEMENT.—Not later than New York. after the date of enactment of this Act, within 30 days after the date of enactment of this (6) Harriet Tubman’s grave at Fort Hill 30 days thereafter the Secretary and the Conces- Act, the Secretary and the Concessioner Cemetery, located at 19 Fort Street, Auburn, sioner shall each select an arbitrator, the two shall jointly select a single arbitrator to New York. arbitrators selected by the Secretary and the conduct the arbitration under this Act. (7) William Henry Seward’s home, located Concessioner shall jointly select a third arbi- ‘‘(b) FAILURE TO AGREE.—If the Secretary at 33 South Street, Auburn, New York. trator, and the three arbitrators shall jointly and the Concessioner are unable to agree on (b) INCLUSION OF SITES IN THE NATIONAL conduct the arbitration. the selection of a single arbitrator within 30 PARK SYSTEM.—The study under subsection (c) QUALIFICATIONS.—Any arbitrator selected days after the date of enactment of this Act, (a) shall include an analysis and any rec- under either subsection (a) or subsection (b) within 30 days thereafter the Secretary and ommendations of the Secretary concerning shall be a neutral who meets the criteria of sec- the Concessioner shall each select an arbi- the suitability and feasibility of— tion 573 of title 5, United States Code. trator, the two arbitrators selected by the (1) designating one or more of the sites (d) PAYMENT OF EXPENSES.—The Secretary Secretary and the Concessioner shall jointly specified in subsection (a) as units of the Na- and the Concessioner shall share equally the ex- select a third arbitrator, and the three arbi- tional Park System; and penses of the arbitration. trators shall jointly conduct the arbitration. (2) establishing a national heritage cor- (e) DEFINITION.—As used in this Act, the term ‘‘(c) QUALIFICATIONS.—Any arbitrator se- ridor that incorporates the sites specified in ‘‘arbitrator’’ includes either a single arbitrator lected under either subsection (a) or sub- subsection (a) and any other sites associated selected under subsection (a) or a three-member section (b) shall be a neutral who meets the with Harriet Tubman. panel of arbitrators selected under (b). criteria of section 573 of title 5, United (c) STUDY GUIDELINES.—In conducting the SEC. 3. SCOPE OF THE ARBITRATION. States Code. study authorized by this Act, the Secretary (a) SOLE ISSUE TO BE DECIDED.—The arbi- ‘‘(d) PAYMENT OF EXPENSES.—The Sec- shall use the criteria for the study of areas trator shall determine— retary and the Concessioner shall share for potential inclusion in the National Park (1) the appropriate amount of the franchise equally the expenses of the arbitration. System contained in Section 8 of P.L. 91–383, fee under the Contract for the period from June ‘‘(e) DEFINITION.—As used in this Act, the as amended by Section 303 of the National 13, 1991, through December 31, 2000, in accord- term ‘arbitrator’ includes either a single ar- Park Omnibus Management Act ((P.L. 105– ance with the terms of the Contract; and bitrator selected under subsection (a) or a 391), 112 Stat. 3501). (2) any interest or penalties on the amount three-member panel of arbitrators selected (d) CONSULTATION.—In preparing and con- owed under paragraph (1). under subsection (b). ducting the study under subsection (a), the (b) DE NOVO DECISION.—The arbitrator shall ‘‘SEC. 3. SCOPE OF THE ARBITRATION. Secretary shall consult with— not be bound by any prior determination of the ‘‘(a) SOLE ISSUES TO BE DECIDED.—The ar- (1) the Governors of the States of Maryland appropriate amount of the fee by the Secretary. bitrator shall, after affording the parties an and New York; (c) BASIS FOR DECISION.—The arbitrator shall opportunity to be heard in accordance with (2) a member of the Board of County Com- determine the appropriate amount of the fee section 579 of title 5, United States Code, missioners of Dorchester County, Maryland; based upon the law in effect on the effective determine— (3) the Mayor of the city of Auburn, New date of the Contract and the terms of section 9 ‘‘(1) the appropriate amount of the fran- York; of the Contract. chise fee under the Contract for the period (4) the owner of the sites specified in sub- SEC. 4. EFFECT OF DECISION. from June 13, 1991 through December 31, 2000 in accordance with the terms of the Con- section (a); and (a) RETROACTIVE EFFECT.—The amount of the tract; and (5) the appropriate representatives of— fee determined by the arbitrator under section ‘‘(2) any interest or penalties on the (A) the Thompson Memorial A.M.E. Zion 3(a) shall be retroactive to June 13, 1991. amount owed under paragraph (1). Church; (b) NO FURTHER REVIEW.—Notwithstanding ‘‘(b) DE NOVO DECISION.—The arbitrator (B) the Bazel Church; subchapter IV of title 5, United States Code shall not be bound by an prior determination (C) the Harriet Tubman Foundation; and (commonly known as the Administrative Dispute of the appropriate amount of the fee by the (D) the Harriet Tubman Organization, Inc. Resolution Act), the decision of the arbitrator Secretary or any prior court review thereof. (e) REPORT.—Not later than 2 years after shall be final and conclusive upon the Secretary ‘‘(c) BASIS FOR DECISION.—The arbitrator the date on which funds are made available and the Concessioner and shall not be subject to shall determine the appropriate amount of for the study under subsection (a), the Sec- judicial review. the fee based upon law in effect on the effec- retary shall submit to Congress a report de- SEC. 5. GENERAL AUTHORITY. tive date of the contract and the terms of scribing the results of the study. Except to the extent inconsistent with this the Contract. f Act, the arbitration under this Act shall be con- ‘‘SEC. 4. FINAL DECISION. RECALCULATING FRANCHISE FEE ducted in accordance with subchapter IV of title ‘‘The arbitrator shall issue a final decision OWED BY FORT SUMTER TOURS, 5, United States Code. not later than 300 days after the date of en- INC. SEC. 6. ENFORCEMENT. actment of this Act. A party aggrieved by the alleged failure, ne- ‘‘SEC. 5. EFFECT OF DECISION. The Senate proceeded to consider the glect, or refusal of another to arbitrate under ‘‘(a) RETROACTIVE EFFECT.—The amount of bill (S. 2331) to direct the Secretary of this Act, or by any unreasonable delay in the the fee determined by the arbitrator under

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.154 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10003 section 3(a) shall be retroactive to June 13, the fee based upon the law in effect on the ef- ARROWROCK DAM 1991. fective date of the Contract and the terms of HYDROELECTRIC PROJECT ‘‘(b) NO FURTHER REVIEW.—Notwith- the Contract. standing subchapter IV of title 5, United SEC. 4. FINAL DECISION. The PRESIDING OFFICER laid be- States Code (commonly known as the Ad- The arbitrator shall issue a final decision fore the Senate the following message ministrative Dispute Resolution Act), the not later than 300 days after the date of en- from the House of Representatives: decision of the arbitrator shall be final and actment of this Act. Resolved, That the bill from the Senate (S. conclusive upon the Secretary and the Con- SEC. 5. EFFECT OF DECISION. 1236) entitled ‘‘An Act to extend the deadline cessioner and shall not be subject to judicial (a) RETROACTIVE EFFECT.—The amount of under the Federal Power Act for commence- review. the fee determined by the arbitrator under ment of the construction of the Arrowrock ‘‘SEC. 6. GENERAL AUTHORITY. section 3(a) shall be retroactive to June 13, Dam Hydroelectric Project in the State of ‘‘Except to the extent inconsistent with 1991. Idaho’’, do pass with the following amend- this Act, the arbitration under this Act shall (b) NO FURTHER REVIEW.—Notwithstanding ment: be conducted in accordance with subchapter subchapter IV of title 5, United States Code Strike out all after the enacting clause and IV of title 5, United States Code.’’. (commonly known as the Administrative insert: The committee amendment in the Dispute Resolution Act), the decision of the SECTION 1. EXTENSION OF TIME FOR FEDERAL nature of a substitute, as amended, was arbitrator shall be final and conclusive upon ENERGY REGULATORY COMMISSION agreed to. the Secretary and the Concessioner and shall PROJECT. The bill (S. 2331), as amended, was not be subject to judicial review. (a) IN GENERAL.—Notwithstanding the time read the third time and passed, as fol- SEC. 6. GENERAL AUTHORITY. period specified in section 13 of the Federal Power Act (16 U.S.C. 806) that would otherwise lows: Except to the extent inconsistent with this Act, the arbitration under this Act shall be apply to the Federal Energy Regulatory Com- S. 2331 conducted in accordance with subchapter IV mission project numbered 4656, the Commission Be it enacted by the Senate and House of Rep- of title 5, United States Code. may, at the request of the licensee for the resentatives of the United States of America in The title was amended so as to read: project and after reasonable notice, in accord- Congress assembled, ance with the good faith, due diligence, and ‘‘A bill to require the Secretary of the SECTION. 1. ARBITRATION REQUIREMENT. public interest requirements of that section and The Secretary of the Interior (in this Act Interior to submit the dispute over the the Commission’s procedures under that section, referred to as the ‘‘Secretary’’) shall, upon franchise fee owed by Fort Sumter extend the time period during which the licensee the request of Fort Sumter Tours, Inc. (in Tours, Inc. to binding arbitration.’’. is required to commence the construction of the this Act referred to as the ‘‘Concessioner’’), f project for three consecutive 2-year periods. agree to binding arbitration to determine (b) EFFECTIVE DATE.—Subsection (a) shall the franchise fee payable under the contract MAKING TECHNICAL CORRECTIONS take effect on the date of the expiration of the executed on June 13, 1986 by the Conces- TO ENERGY POLICY ACT OF 1992 extension issued by the Commission prior to the sioner and the National Park Service, under date of the enactment of this Act under section which the Concessioner provides passenger 13 of the Federal Power Act (16 U.S.C. 806). boat service to Fort Sumter National Monu- DAYTON AVIATION HERITAGE (c) REINSTATEMENT OF EXPIRED LICENSE.—If ment in Charleston Harbor, South Carolina PRESERVATION AMENDMENTS the period required for commencement of con- (in this Act referred to as ‘‘the Contract’’). ACT OF 2000 struction of the project described in subsection (a) has expired prior to the date of the enact- SEC. 2. APPOINTMENT OF THE ARBITRATOR. Mr. MACK. Mr. President, I ask (a) MUTUAL AGREEMENT.—Not later than 30 ment of this Act, the Commission shall reinstate days after the date of enactment of this Act, unanimous consent that the Senate the license effective as of the date of its expira- the Secretary and the Concessioner shall proceed, en bloc, to the immediate con- tion and the first extension authorized under jointly select a single arbitrator to conduct sideration of the following items which subsection (a) shall take effect on the date of the arbitration under this Act. are at the desk: H.R. 2641 and H.R. 5036. such expiration. (b) FAILURE TO AGREE.—If the Secretary The PRESIDING OFFICER. The The Senate concurred in the amend- and the Concessioner are unable to agree on clerk will report the bills by title. ment of the House. the selection of a single arbitrator within 30 The legislative clerk read as follows: f days after the date of enactment of this Act, A bill (H.R. 2641) to make technical correc- within 30 days thereafter the Secretary and tions to title X of the Energy Policy Act of WHITE CLAY CREEK WILD AND the Concessioner shall each select an arbi- 1992. SCENIC RIVERS SYSTEM ACT trator, the two arbitrators selected by the A bill (H.R. 5036) to amend the Dayton Secretary and the Concessioner shall jointly The PRESIDING OFFICER laid be- Aviation Heritage Preservation Act of 1992 select a third arbitrator, and the three arbi- fore the Senate the following message to clarify the areas included in the Dayton trators shall jointly conduct the arbitration. from the House of Representatives: Aviation Heritage National Historical Park (c) QUALIFICATIONS.—Any arbitrator se- Resolved, That the bill from the Senate (S. lected under either subsection (a) or sub- and to authorize appropriations for that park. 1849) entitled ‘‘An Act to designate segments section (b) shall be a neutral who meets the and tributaries of White Clay Creek, Dela- criteria of section 573 of title 5, United There being no objection, the Senate ware and Pennsylvania, as a component of States Code. proceeded to consider the bills. the National Wild and Scenic Rivers Sys- (d) PAYMENT OF EXPENSES.—The Secretary Mr. MACK. Mr. President, I ask tem’’, do pass with the following amend- and the Concessioner shall share equally the unanimous consent that the bills be ment: expenses of the arbitration. read the third time, passed, and the Strike out all after the enacting clause and (e) DEFINITION.—As used in this Act, the insert: term ‘‘arbitrator’’ includes either a single motions to reconsider be laid upon the arbitrator selected under subsection (a) or a table, with no intervening action or de- SECTION 1. SHORT TITLE. three-member panel of arbitrators selected bate. This Act may be cited as the ‘‘White Clay under subsection (b). The PRESIDING OFFICER. Without Creek Wild and Scenic Rivers System Act’’. SEC. 3. SCOPE OF THE ARBITRATION. objection, it is so ordered. SEC. 2. FINDINGS. (a) SOLE ISSUES TO BE DECIDED.—The arbi- The bills (H.R. 2641 and H.R. 5036) Congress finds that— trator shall, after affording the parties an were read the third time and passed. (1) Public Law 102–215 (105 Stat. 1664) directed opportunity to be heard in accordance with the Secretary of the Interior, in cooperation and f section 579 of title 5, United States Code, consultation with appropriate State and local determine— UNANIMOUS CONSENT governments and affected landowners, to con- (1) the appropriate amount of the franchise AGREEMENT—S. 1236 AND S. 1849 duct a study of the eligibility and suitability of fee under the Contract for the period from White Clay Creek, Delaware and Pennsylvania, June 13, 1991 through December 31, 2000 in ac- Mr. MACK. Mr. President, I ask and the tributaries of the creek for inclusion in cordance with the terms of the Contract; and unanimous consent that it be in order the National Wild and Scenic Rivers System; (2) any interest or penalties on the amount for the Chair to lay before the Senate, (2) as a part of the study described in para- owed under paragraph (1). en bloc, messages from the House on S. graph (1), the White Clay Creek Wild and Sce- (b) DE NOVO DECISION.—The arbitrator 1236 and S. 1849, that the Senate con- nic Study Task Force and the National Park shall not be bound by any prior determina- cur, en bloc, to the House amendment, Service prepared a watershed management plan tion of the appropriate amount of the fee by for the study area entitled ‘‘White Clay Creek the Secretary or any prior court review and that the action be reconsidered and and Its Tributaries Watershed Management thereof. tabled. Plan’’, dated May 1998, that establishes goals (c) BASIS FOR DECISION.—The arbitrator The PRESIDING OFFICER. Without and actions to ensure the long-term protection shall determine the appropriate amount of objection, it is so ordered. of the outstanding values of, and compatible

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.048 pfrm04 PsN: S05PT2 S10004 CONGRESSIONAL RECORD — SENATE October 5, 2000

management of land and water resources associ- ‘‘(K) 4.4 miles of the main stem beginning at (d) NATIONAL PARK SYSTEM.—Notwith- ated with, the watershed; and the southern boundary of the property of the standing section 10(c) of the Wild and Scenic (3) after completion of the study described in corporation known as United Water Delaware Rivers Act (16 U.S.C. 1281(c)), any portion of a paragraph (1), Chester County, Pennsylvania, downstream to the confluence of White Clay segment designated by the amendment made by New Castle County, Delaware, Newark, Dela- Creek with the Christina River, as a rec- section 3 that is not in the National Park Sys- ware, and 12 Pennsylvania municipalities lo- reational river. tem as of the date of the enactment of this Act cated within the watershed boundaries passed ‘‘(L) 1.3 miles of Middle Run outside the shall not, under this Act— resolutions that— boundaries of the Middle Run Natural Area, as (1) be considered a part of the National Park (A) expressed support for the White Clay a recreational river. System; Creek Watershed Management Plan; ‘‘(M) 5.2 miles of Middle Run that flow within (2) be managed by the National Park Service; (B) expressed agreement to take action to im- the boundaries of the Middle Run Natural Area, or plement the goals of the Plan; and as a scenic river. (3) be subject to laws (including regulations) (C) endorsed the designation of the White ‘‘(N) 15.6 miles of Pike Creek, as a recreational that govern the National Park System. Clay Creek and the tributaries of the creek for river. SEC. 7. STATE REQUIREMENTS. ‘‘(O) 38.7 miles of Mill Creek, as a recreational inclusion in the National Wild and Scenic Riv- State and local zoning laws and ordinances, river.’’. ers System. as in effect on the date of the enactment of this SEC. 3. DESIGNATION OF WHITE CLAY CREEK. SEC. 4. BOUNDARIES. Act, shall be considered to satisfy the standards Section 3(a) of the Wild and Scenic Rivers Act With respect to each of the segments of White and requirements under section 6(c) of the Wild (16 U.S.C. 1274(a)) is amended by adding at the Clay Creek and its tributaries designated by the and Scenic Rivers Act (16 U.S.C. 1277(c)) with end the following: amendment made by section 3, in lieu of the respect to the segment designated by the amend- ‘‘(162) WHITE CLAY CREEK, DELAWARE AND boundaries provided for in section 3(b) of the ment made by section 3. PENNSYLVANIA.—The 190 miles of river segments Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundaries of the segment shall be 250 feet SEC. 8. NO LAND ACQUISITION. of White Clay Creek (including tributaries of The Federal Government shall not acquire, by White Clay Creek and all second order tribu- as measured from the ordinary high water mark on both sides of the segment. any means, any right or title in or to land, any taries of the designated segments) in the States easement, or any other interest along the seg- SEC. 5. ADMINISTRATION. of Delaware and Pennsylvania, as depicted on ments designated by the amendment made by (a) BY SECRETARY OF THE INTERIOR.—The seg- the recommended designation and classification section 3 for the purpose of carrying out the ments designated by the amendment made by maps (dated June 2000), to be administered by amendment or this Act. the Secretary of the Interior, as follows: section 3 shall be administered by the Secretary ‘‘(A) 30.8 miles of the east branch, including of the Interior (referred to in this Act as the The Senate concurred in the amend- Trout Run, beginning at the headwaters within ‘‘Secretary’’), in cooperation with the White ment of the House. West Marlborough township downstream to a Clay Creek Watershed Management Committee f point that is 500 feet north of the Borough of as provided for in the plan prepared by the Avondale wastewater treatment facility, as a White Clay Creek Wild and Scenic Study Task THE CALENDAR recreational river. Force and the National Park Service, entitled Mr. MACK. Mr. President, I ask ‘‘(B) 15.0 miles of the east branch beginning at ‘‘White Clay Creek and Its Tributaries Water- unanimous consent that the Energy the southern boundary line of the Borough of shed Management Plan’’ and dated May 1998 Committee be discharged from the fol- Avondale to a point where the East Branch en- (referred to in this Act as the ‘‘Management lowing bills and resolutions and, fur- ters New Garden Township at the Franklin Plan’’). Township boundary line, including Walnut Run (b) REQUIREMENT FOR COMPREHENSIVE MAN- ther, the Senate now proceed to their and Broad Run outside the boundaries of the AGEMENT PLAN.—The Management Plan shall consideration en bloc: H.R. 1509, H.R. White Clay Creek Preserve, as a recreational be considered to satisfy the requirements for a 2778, H.R. 3676, H.R. 3817, S. 2273 with river. comprehensive management plan under section amendment No. 4297, and S. Res. 326. ‘‘(C) 4.0 miles of the east branch that flow 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. I ask unanimous consent that the through the boundaries of the White Clay Creek 1274(d)). amendment No. 4297 be agreed to, the Preserve, Pennsylvania, beginning at the north- (c) COOPERATIVE AGREEMENTS.—In order to bills be considered read the third time provide for the long-term protection, preserva- ern boundary line of London Britain township and passed, the resolution and pre- and downstream to the confluence of the middle tion, and enhancement of the segments des- and east branches, as a scenic river. ignated by the amendment made by section 3, amble be agreed to, the motions to re- ‘‘(D) 6.8 miles of the middle branch, beginning the Secretary shall offer to enter into a coopera- consider be laid upon the table, and at the headwaters within Londonderry town- tive agreement pursuant to sections 10(c) and that any statements relating to any of ship downstream to a point that is 500 feet north 11(b)(1) of the Wild and Scenic Rivers Act (16 the bills or resolutions be printed in of the Borough of West Grove wastewater treat- U.S.C. 1281(e), 1282(b)(1)) with the White Clay the RECORD, with the above occurring ment facility, as a recreational river. Creek Watershed Management Committee as en bloc. ‘‘(E) 14 miles of the middle branch, beginning provided for in the Management Plan. The PRESIDING OFFICER. Without at a point that is 500 feet south of the Borough SEC. 6. FEDERAL ROLE IN MANAGEMENT. objection, it is so ordered. of West Grove wastewater treatment facility (a) IN GENERAL.—The Director of the National downstream to the boundary of the White Clay Park Service (or a designee) shall represent the f Creek Preserve in London Britain township, as Secretary in the implementation of the Manage- DISABLED VETERANS’ LIFE a recreational river. ment Plan, this Act, and the Wild and Scenic MEMORIAL FOUNDATION ‘‘(F) 2.1 miles of the middle branch that flow Rivers Act with respect to each of the segments within the boundaries of the White Clay Creek designated by the amendment made by section 3, The bill (H.R. 1509) to authorize the Preserve in London Britain township, as a sce- including the review, required under section 7(a) Disabled Veterans’ Life Memorial nic river. of the Wild and Scenic Rivers Act (16 U.S.C. Foundation to establish a memorial in ‘‘(G) 17.2 miles of the west branch, beginning 1278(a)), of proposed federally-assisted water re- the District of Columbia or its environs at the headwaters within Penn township down- sources projects that could have a direct and to honor veterans who became disabled stream to the confluence with the middle adverse effect on the values for which the seg- branch, as a recreational river. ment is designated. while serving in the Armed Forces of ‘‘(H) 12.7 miles of the main stem, excluding (b) ASSISTANCE.—To assist in the implementa- the United States, was considered, or- Lamborn Run, that flow through the boundaries tion of the Management Plan, this Act, and the dered to a third reading, read the third of the White Clay Creek Preserve, Pennsylvania Wild and Scenic Rivers Act with respect to each time, and passed. and Delaware, and White Clay Creek State of the segments designated by the amendment f Park, Delaware, beginning at the confluence of made by section 3, the Secretary may provide the east and middle branches in London Britain technical assistance, staff support, and funding DESIGNATING THE TAUNTON township, Pennsylvania, downstream to the at a cost to the Federal Government in an RIVER FOR POTENTIAL ADDI- northern boundary line of the city of Newark, amount, in the aggregate, of not to exceed TION TO NATIONAL WILD AND Delaware, as a scenic river. $150,000 for each fiscal year. SCENIC RIVERS SYSTEM ‘‘(I) 5.4 miles of the main stem (including all (c) COOPERATIVE AGREEMENTS.—Any coopera- second order tributaries outside the boundaries tive agreement entered into under section 10(e) The bill (H.R. 2778) to amend the Wild of the White Clay Creek Preserve and White of the Wild and Scenic Rivers Act (16 U.S.C. and Scenic Rivers Act to designate seg- Clay Creek State Park), beginning at the con- 1281(e)) relating to any of the segments des- ments of the Taunton River in the fluence of the east and middle branches in Lon- ignated by the amendment made by section 3— Commonwealth of Massachusetts for don Britain township, Pennsylvania, down- (1) shall be consistent with the Management study for potential addition to the Na- stream to the northern boundary of the city of Plan; and Newark, Delaware, as a recreational river. (2) may include provisions for financial or tional Wild and Scenic Rivers System, ‘‘(J) 16.8 miles of the main stem beginning at other assistance from the United States to facili- and for other purposes, was considered, Paper Mill Road downstream to the Old Route tate the long-term protection, conservation, and ordered to a third reading, read the 4 bridge, as a recreational river. enhancement of the segments. third time, and passed.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.049 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10005 SANTA ROSA AND SAN JACINTO (5) The archaeological, paleontological, shall manage the conservation area in a MOUNTAINS NATIONAL MONU- and geographical resources of the Black manner that conserves, protects and en- MENT Rock-High Rock region include numerous hances its resources and values, including prehistoric and historic Native American those resources and values specified in sub- The bill (H.R. 3676) to establish the sites, wooly mammoth sites, some of the section 4(a), in accordance with this Act, the Santa Rosa and San Jacinto Mountains largest natural potholes of North America, Federal Land Policy and Management Act of National Monument in the State of and a remnant dry Pelistocene lakebed 1976 (43 U.S.C. 1701 et seq.), and other appli- California, was considered, ordered to a (playa) where the curvature of the Earth cable provisions of law. third reading, read the third time, and may be observed. (b) ACCESS.— (1) IN GENERAL.—The Secretary shall main- passed. (6) The two large wilderness mosaics that frame the conservation area offer excep- tain adequate access for the reasonable use f tional opportunities for solitude and serve to and enjoyment of the conservation area. protect the integrity of the viewshed of the (2) PRIVATE LAND.—The Secretary shall DEDICATION OF BIG SOUTH TRAIL historic emigrant trails. provide reasonable access to privately owned TO LEGACY OF JARYD ATADERO (7) Public lands in the conservation area land or interests in land within the bound- The bill (H.R. 3817) to dedicate the have been used for domestic livestock graz- aries of the conservation area. (3) EXISTING PUBLIC ROADS.—The Secretary Big South Trail in the Comanche Peak ing for over a century, with resultant bene- fits to community stability and contribu- is authorized to maintain existing public ac- Wilderness Area of Roosevelt National tions to the local and State economies. It cess within the boundaries of the conserva- Forest in Colorado to the legacy of has not been demonstrated that continu- tion areas in a manner consistent with the Jaryd Atadero, was considered, ordered ation of this use would be incompatible with purposes for which the conservation area was to a third reading, read the third time, appropriate protection and sound manage- established. and passed. ment of the resource values of these lands; (c) USES.— (1) IN GENERAL.—The Secretary shall only f therefore, it is expected that such grazing will continue in accordance with the man- allow such uses of the conservation area as the Secretary finds will further the purposes BLACK ROCK DESERT-HIGH ROCK agement plan for the conservation area and other applicable laws and regulations. for which the conservation area is estab- CANYON EMIGRANT TRAILS NA- lished. TIONAL CONSERVATION AREA (8) The Black Rock Desert playa is a unique natural resource that serves as the (2) OFF-HIGHWAY VEHICLE USE.—Except ACT OF 2000 primary destination for the majority of visi- where needed for administrative purposes or The Senate proceeded to consider the tors to the conservation area, including visi- to respond to an emergency, use of motorized vehicles in the conservation area shall be bill (S. 2273) to establish the Black tors associated with large-scale permitted events. It is expected that such permitted permitted only on roads and trails and in Rock Desert-High Rock Canyon Emi- other areas designated for use of motorized grant Trails National Conservation events will continue to be administered in accordance with the management plan for vehicles as part of the management plan pre- Area, and for other purposes, which the conservation area and other applicable pared pursuant to subsection (e). (3) PERMITTED EVENTS.—The Secretary was reported from the Committee on laws and regulations. may continue to permit large-scale events in Energy and Natural Resources. SEC. 3. DEFINITIONS. The amendment (No. 4297) was agreed defined, low impact areas of the Black Rock As used in this Act: Desert plays in the conservation area in ac- to, as follows: (1) The term ‘‘Secretary’’ means the Sec- cordance with the management plan pre- AMENDMENT NO. 4297 retary of the Interior. pared pursuant to subsection (e). (2) The term ‘‘public lands’’ has the mean- (Purpose: to provide a complete substitute) (d) HUNTING, TRAPPING, AND FISHING.— ing stated in section 103(e) of the Federal Nothing in this Act shall be deemed to di- Strike all after the enacting clause and in- Land Policy and Management Act of 1976 (43 sert the following: minish the jurisdiction of the State of Ne- U.S.C. 1702(e)). vada with respect to fish and wildlife man- SECTION 1. SHORT TITLE. (3) The term ‘‘conservation area’’ means agement, including regulation of hunting This Act may be cited as the ‘‘Black Rock the Black Rock Desert-High Rock Canyon and fishing, on public lands within the con- Desert-High Rock Canon Emigrant Trails Emigrant Trails National Conservation Area servation area. National Conservation Area Act of 2000’’. established pursuant to section 4 of this Act. (e) MANAGEMENT PLAN.—Within three years SEC. 2. FINDINGS. SEC. 4. ESTABLISHMENT OF THE CONSERVATION following the date of enactment of this Act, The Congress finds the following: AREA. the Secretary shall develop a comprehensive (1) The areas of northwestern Nevada (a) ESTABLISHMENT AND PURPOSES.—In resource management plan for the long-term known as the Black Rock Desert and High order to conserve, protect, and enhance for protection and management of the conserva- Rock Canyon contain and surround the last the benefit and enjoyment of present and fu- tion area. The plan shall be developed with nationally significant, untouched segments ture generations the unique and nationally full public participation and shall developed of the historic California Emigrant Trails, important historical, cultural, paleontolog- with full public participation and shall de- including wagon ruts, historic inscriptions, ical, scenic, scientific, biological, edu- scribe the appropriate uses and management and a wilderness landscape largely un- cational, wildlife, riparian, wilderness, en- of the conservation area consistent with the changed since the days of the pioneers. dangered species, and recreational values provisions of this Act. The plan may incor- (2) The relative absence of development in and resources associated with the Applegate- porate appropriate decisions contained in the Black Rock Desert and High Rock Can- Lassen and Nobles Trails corridors and sur- any current management or activity plan for yon areas from emigrant times to the rounding areas, there is hereby established the area and may use information developed present day offers a unique opportunity to the Black Rock Desert-High Rock Canyon in previous studies of the lands within or ad- capture the terrain, sights, and conditions of Emigrant Trails National Conservation Area jacent to the conservation area. the overland trails as they were experienced in the State of Nevada. (f) GRAZING.—Where the Secretary of the by the emigrants and to make available to (b) AREAS INCLUDED.—The conservation Interior currently permits livestock grazing both present and future generations of Amer- area shall consist of approximately 797,100 in the conservation area, such grazing shall icans the opportunity of experiencing emi- acres of public lands as generally depicted on be allowed to continue subject to all applica- grant conditions in an unaltered setting. the map entitled ‘‘Black Rock Desert Emi- ble laws, regulations, and executive orders. (3) The Black Rock Desert and High Rock grant Trail National Conservation Area’’ and (g) VISITOR SERVICE FACILITIES.—The Sec- Canyon areas are unique segments of the dated July 19, 2000. retary is authorized to establish, in coopera- Northern Great Basin and contain broad rep- (c) MAPS AND LEGAL DESCRIPTION.—As soon tion with other public or private entities as resentation of the Great Basin’s land forms as practicable after the date of the enact- the Secretary may deem appropriate, visitor and plant and animal species, including gold- ment of this Act, the Secretary shall submit service facilities for the purpose of providing en eagles and other birds of prey, sage to Congress a map and legal description of information about the historical, cultural, grouse, mule deer, pronghorn antelope, big- the conservation area. The map and legal de- ecological, recreational, and other resources horn sheep, free roaming horses and burros, scription shall have the same force and ef- of the conservation area. threatened fish and sensitive plants. fect as if included in this Act, except the SEC. 6. WITHDRAWAL. (4) The Black Rock-High Rock region con- Secretary may correct clerical and typo- (a) IN GENERAL.—Subject to valid existing tains a number of cultural and natural re- graphical errors in such map and legal de- rights, all Federal lands within the conserva- sources that have been declared eligible for scription. Copies of the map and legal de- tion area and all lands and interests therein National Historic Landmark and Natural scription shall be on file and available for which are hereafter acquired by the United Landmark status, including a portion of the public inspection in the appropriate offices States are hereby withdrawn from all forms 1843–44 John Charles Fremont exploration of the Bureau of Land Management. of entry, appropriation, or disposal under the route, the site of the death of Peter Lassen, SEC. 5. MANAGEMENT. public land laws, from location, entry, and early military facilities, and examples of (a) MANAGEMENT.—The Secretary, acting patent under the mining laws, from oper- early homesteading and mining. through the Bureau of Land Management, ation of the mineral leasing and geothermal

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.183 pfrm04 PsN: S05PT2 S10006 CONGRESSIONAL RECORD — SENATE October 5, 2000 leasing laws and from the minerals materials of approximately 24,000 acres, as generally (4) The Black Rock-High Rock region con- laws and all amendments thereto. depicted on a map entitled ‘‘North Jackson tains a number of cultural and natural re- SEC. 7. NO BUFFER ZONES. Mountains Wilderness—Proposed’’ and dated sources that have been declared eligible for The Congress does not intend for the estab- July 19, 2000, and which shall be known as National Historic Landmark and Natural lishment of the conservation area to lead to the North Jackson Mountains Wilderness. Landmark status, including a portion of the the creation of protective perimeters or buff- (b) ADMINISTRATION OF WILDERNESS 1843–44 John Charles Fremont exploration er zones around the conservation area. The AREAS.—Subject to valid existing rights, route, the site of the death of Peter Lassen, fact that there may be activities or uses on each wilderness area designated by this Act early military facilities, and examples of lands outside the conservation area that shall be administered by the Secretary in ac- early homesteading and mining. would not be permitted in the conservation cordance with the provisions of the Wilder- (5) The archeological, paleontological, and area shall not preclude such activities or ness Act, except that any reference in such geographical resources of the Black Rock- uses on such lands up to the boundary of the provisions to the effective date of the Wil- High Rock region include numerous pre- conservation area consistent with other ap- derness Act shall be deemed to be a reference historic and historic Native American sites, plicable laws. to the date of enactment of this Act and any wooly mammoth sites, some of the largest SEC. 8. WILDERNESS. reference to the Secretary of Agriculture natural potholes of North America, and a shall be deemed to be a reference to the Sec- (a) DESIGNATIN.—In furtherance of the pur- remnant dry Pleistocene lakebed (playa) poses of the Wilderness Act of 1964 (16 U.S.C. retary of the Interior. where the curvature of the Earth may be ob- (c) MAPS AND LEGAL DESCRIPTION.—As soon 1131 et seq.), the following lands in the State served. as practicable after the date of the enact- of Nevada are designated as wilderness, and, (6) The two large wilderness mosaics that ment of this Act, the Secretary shall submit therefore, as components of the National frame the conservation area offer excep- to Congress a map and legal description of Wilderness Preservation System: tional opportunities for solitude and serve to the wilderness areas designated under this (1) Certain lands in the Black Rock Desert protect the integrity of the viewshed of the Act. The map and legal description shall Wilderness Study Area comprised of approxi- historic emigrant trails. have the same force and effect as if included mately 315,700 acres, as generally depicted on (7) Public lands in the conservation area in this Act, except the Secretary may cor- a map entitled ‘‘Black Rock Desert Wilder- have been used for domestic livestock graz- rect clerical and typographical errors in such ness—Proposed’’ and dated July 19, 2000, and ing for over a century, with resultant bene- map and legal description. Copies of the map which shall be known as the Black Rock fits to community stability and contribu- and legal description shall be on file and Desert Wilderness. tions to the local and State economies. It available for public inspection in the appro- (2) Certain lands in the Pahute Peak Wil- has not been demonstrated that continu- priate offices of the Bureau of Land Manage- derness Study Area comprised of approxi- ation of this use would be incompatible with ment. mately 57,400 acres, as generally depicted on (d) GRAZING.—Within the wilderness areas appropriate protection and sound manage- a map entitled ‘‘Pahute Peak Wilderness— designated under subsection (a), the grazing ment of the resource values of these lands; Proposed’’ and dated July 19, 2000, and which of livestock, where established prior to the therefore, it is expected that such grazing shall be known as the Pahute Peak Wilder- date of enactment of this Act, shall be per- will continue in accordance with the man- ness. mitted to continue subject to such reason- agement plan for the conservation area and (3) Certain lands in the North Black Rock able regulations, policies, and practices as other applicable laws and regulations. Range Wilderness Study Area comprised of the Secretary deems necessary, as long as (8) The Black Rock Desert playa is a approximately 30,800 acres, as generally de- such regulations, policies, and practices unique natural resource that serves as the picted on a map entitled ‘‘North Black Rock fully conform with and implement the intent primary destination for the majority of visi- Range Wilderness—Proposed’’ and dated July of Congress regarding grazing in such areas tors to the conservation area, including visi- 19, 2000, and which shall be known as the as such intent is expressed in the Wilderness tors associated with large-scale permitted North Black Rock Range Wilderness. Act and section 101(f) of Public Law 101–628. events. It is expected that such permitted (4) Certain lands in the East Fork High events will continue to be administered in Rock Canyon Wilderness Study Area com- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appro- accordance with the management plan for prised of approximately 52,800 acres, as gen- priated such sums as may be necessary to the conservation area and other applicable erally depicted on a map entitled ‘‘East Fork carry out the provisions of this Act. laws and regulations. High Rock Canyon Wilderness—Proposed’’ SEC. 3. DEFINITIONS. and dated July 19, 2000, and which shall be The bill (S. 2273), as amended, was read the third time and passed, as fol- As used in this Act: known as the East Fork High Rock Canyon (1) The term ‘‘Secretary’’ means the Sec- Wilderness. lows: retary of the Interior. (5) Certain lands in the High Rock Lake S. 2273 (2) The term ‘‘public lands’’ has the mean- Wilderness Study Area comprised of approxi- Be it enacted by the Senate and House of Rep- ing stated in section 103(e) of the Federal mately 59,300 acres, as generally depicted on resentatives of the United States of America in Land Policy and Management Act of 1976 (43 a map entitled ‘‘High Rock Lake Wilder- Congress assembled, U.S.C. 1702(e)). ness—Proposed’’ and dated July 19, 2000, and SECTION 1. SHORT TITLE. (3) The term ‘‘conservation area’’ means which shall be known as the High Rock Lake This Act may be cited as the ‘‘Black Rock the Black Rock Desert-High Rock Canyon Wilderness. (6) Certain lands in the Little High Rock Desert-High Rock Canyon Emigrant Trails Emigrant Trails National Conservation Area Canyon Wilderness Study Area comprised of National Conservation Area Act of 2000’’. established pursuant to section 4 of this Act. approximately 48,700 acres, as generally de- SEC. 2. FINDINGS. SEC. 4. ESTABLISHMENT OF THE CONSERVATION picted on a map entitled ‘‘Little High Rock The Congress finds the following: AREA. Canyon Wilderness—Proposed’’ and dated (1) The areas of northwestern Nevada (a) ESTABLISHMENT AND PURPOSES.—In July 19, 2000, and which shall be known as known as the Black Rock Desert and High order to conserve, protect, and enhance for the Little High Rock Canyon Wilderness. Rock Canyon contain and surround the last the benefit and enjoyment of present and fu- (7) Certain lands in the High Rock Canyon nationally significant, untouched segments ture generations the unique and nationally Wilderness Study Area and Yellow Rock of the historic California emigrant Trails, important historical, cultural, paleontolog- Canyon Wilderness Study Area comprised of including wagon ruts, historic inscriptions, ical, scenic, scientific, biological, edu- approximately 46,600 acres, as generally de- and a wilderness landscape largely un- cational, wildlife, riparian, wilderness, en- picted on a map entitled ‘‘High Rock Canyon changed since the days of the pioneers. dangered species, and recreational values Wilderness—Proposed’’ and dated July 19, (2) The relative absence of development in and resources associated with the Applegate- 2000, and which shall be known as the High the Black Rock Desert and high Rock Can- Lassen and Nobles Trails corridors and sur- Rock Canyon Wilderness. yon areas from emigrant times to the rounding areas, there is hereby established (8) Certain land in the Calico Mountains present day offers a unique opportunity to the Black Rock Desert-High Rock Canyon Wilderness Study Area comprised of approxi- capture the terrain, sights, and conditions of Emigrant Trails National Conservation Area mately 65,400 acres, as generally depicted on the overland trails as they were experienced in the State of Nevada. a map entitled ‘‘Calico Mountains Wilder- by the emigrants and to make available to (b) AREAS INCLUDED.—The conservation ness—Proposed’’ and dated July 19, 2000, and both present and future generations of Amer- area shall consist of approximately 797,100 which shall be known as the Calico Moun- icans the opportunity of experiencing emi- acres of public lands as generally depicted on tains Wilderness. grant conditions in an unaltered setting. the map entitled ‘‘Black Rock Desert Emi- (9) Certain lands in the South Jackson (3) The Black Rock Desert and High Rock grant Trail National Conservation Area’’ and Mountains Wilderness Study Area comprised Canyon areas are unique segments of the dated July 19, 2000. of approximately 56,800 acres, as generally Northern Great Basin and contain broad rep- (c) MAPS AND LEGAL DESCRIPTION.—As soon depicted on a map entitled ‘‘South Jackson resentation of the Great Basin’s land forms as practicable after the date of the enact- Mountains Wilderness—Proposed’’ and dated and plant and animal species, including gold- ment of this Act, the Secretary shall submit July 19, 2000, and which shall be known as en eagles and other birds of prey, sage to Congress a map and legal description of the South Jackson Mountains Wilderness. grouse, mule deer, pronghorn antelope, big- the conservation area. The map and legal de- (10) Certain lands in the North Jackson horn sheep, free roaming horses and burros, scription shall have the same force and ef- Mountains Wilderness Study Area comprised threatened fish and sensitive plants. fect as if included in this Act, except the

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.055 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10007 Secretary may correct clerical and typo- SEC. 6. WITHDRAWAL. which shall be known as the Calico Moun- graphical errors in such map and legal de- (a) IN GENERAL.—Subject to valid existing tains Wilderness. scription. Copies of the map and legal de- rights, all Federal lands within the conserva- (9) Certain lands in the South Jackson scription shall be on file and available for tion area and all lands and interests therein Mountains Wilderness Study Area comprised public inspection in the appropriate offices which are hereafter acquired by the United of approximately 56,800 acres, as generally of the Bureau of Land Management. States are hereby withdrawn from all forms depicted on a map entitled ‘‘South Jackson SEC. 5. MANAGEMENT. of entry, appropriation, or disposal under the Mountains Wilderness—Proposed’’ and dated (a) MANAGEMENT.—The Secretary, acting public land laws, from location, entry, and July 19, 2000, and which shall be known as through the Bureau of Land Management, patent under the mining laws, from oper- the South Jackson Mountains Wilderness. shall manage the conservation area in a ation of the mineral leasing and geothermal (10) Certain lands in the North Jackson manner that conserves, protects and en- leasing laws and from the minerals materials Mountains Wilderness Study Area comprised hances its resources and values, including laws and all amendments thereto. of approximately 24,000 acres, as generally those resources and values specified in sub- SEC. 7. NO BUFFER ZONES. depicted on a map entitled ‘‘North Jackson section 4(a), in accordance with this Act, the The Congress does not intend for the estab- Mountains Wilderness—Proposed’’ and dated Federal Land Policy and Management Act of lishment of the conservation area to lead to July 19, 2000, and which shall be known as 1976 (43 U.S.C. 1701 et seq.), and other appli- the creation of protective perimeters or buff- the North Jackson Mountains Wilderness. cable provisions of law. er zones around the conservation area. The (b) ADMINISTRATION OF WILDERNESS (b) ACCESS.— fact that there may be activities or uses on AREAS.—Subject to valid existing rights, (1) IN GENERAL.—The Secretary shall main- lands outside the conservation area that each wilderness area designated by this Act tain adequate access for the reasonable use would not be permitted in the conservation shall be administered by the Secretary in ac- and enjoyment of the conservation area. area shall not preclude such activities or cordance with the provisions of the Wilder- (2) PRIVATE LAND.—The Secretary shall uses on such lands up to the boundary of the ness Act, except that any reference in such provide reasonable access to privately owned conservation area consistent with other ap- provisions to the effective date of the Wil- land or interests in land within the bound- plicable laws. derness Act shall be deemed to be a reference aries of the conservation area. SEC. 8. WILDERNESS. to the date of enactment of this Act and any (3) EXISTING PUBLIC ROADS.—The Secretary (a) DESIGNATION.—In furtherance of the reference to the Secretary of Agriculture is authorized to maintain existing public ac- purposes of the Wilderness Act of 1964 (16 shall be deemed to be a reference to the Sec- cess within the boundaries of the conserva- U.S.C. 1131 et seq.), the following lands in the retary of the Interior. tion area in a manner consistent with the State of Nevada are designated as wilder- (c) MAPS AND LEGAL DESCRIPTION.—As soon purposes for which the conservation area was ness, and, therefore, as components of the as practicable after the date of the enact- established. National Wilderness Preservation System: ment of this Act, the Secretary shall submit (c) USES.— (1) Certain lands in the Black Rock Desert to Congress a map and legal description of (1) IN GENERAL.—The Secretary shall only Wilderness Study Area comprised of approxi- the wilderness areas designated under this allow such uses of the conservation area as mately 315,700 acres, as generally depicted on Act. The map and legal description shall the Secretary finds will further the purposes a map entitled ‘‘Black Rock Desert Wilder- have the same force and effect as if included for which the conservation area is estab- ness—Proposed’’ and dated July 19, 2000, and in this Act, except the Secretary may cor- lished. which shall be known as the Black Rock rect clerical and typographical errors in such (2) OFF-HIGHWAY VEHICLE USE.—Except Desert Wilderness. map and legal description. Copies of the map where needed for administrative purposes or (2) Certain lands in the Pahute Peak Wil- and legal description shall be on file and to respond to an emergency, use of motorized derness Study Area comprised of approxi- available for public inspection in the appro- vehicles in the conservation area shall be mately 57,400 acres, as generally depicted on priate offices of the Bureau of Land Manage- permitted only on roads and trails and in a map entitled ‘‘Pahute Peak Wilderness— ment. other areas designated for use of motorized Proposed’’ and dated July 19, 2000, and which (d) GRAZING.—Within the wilderness areas vehicles as part of the management plan pre- shall be known as the Pahute Peak Wilder- designated under subsection (a), the grazing pared pursuant to subsection (e). ness. of livestock, where established prior to the (3) PERMITTED EVENTS.—The Secretary (3) Certain lands in the North Black Rock date of enactment of this Act, shall be per- may continue to permit large-scale events in Range Wilderness Study Area comprised of mitted to continue subject to such reason- defined, low impact areas of the Black Rock approximately 30,800 acres, as generally de- able regulations, policies, and practices as Desert playa in the conservation area in ac- picted on a map entitled ‘‘North Black Rock the Secretary deems necessary, as long as cordance with the management plan pre- Range Wilderness—Proposed’’ and dated July such regulations, policies, and practices pared pursuant to subsection (e). 19, 2000, and which shall be known as the fully conform with and implement the intent (d) HUNTING, TRAPPING, AND FISHING.— North Black Rock Range Wilderness. of Congress regarding grazing in such areas Nothing in this Act shall be deemed to di- (4) Certain lands in the East Fork High as such intent is expressed in the Wilderness minish the jurisdiction of the State of Ne- Rock Canyon Wilderness Study Area com- Act and section 101(f) of Public Law 101–628. vada with respect to fish and wildlife man- prised of approximately 52,800 acres, as gen- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. agement, including regulation of hunting erally depicted on a map entitled ‘‘East Fork There is hereby authorized to be appro- and fishing, on public lands within the con- High Rock Canyon Wilderness—Proposed’’ priated such sums as may be necessary to servation area. and dated July 19, 2000, and which shall be carry out the provisions of this Act. (e) MANAGEMENT PLAN.—Within three known as the East Fork High Rock Canyon f years following the date of enactment of this Wilderness. Act, the Secretary shall develop a com- (5) Certain lands in the High Rock Lake NATIONAL COWBOY POETRY prehensive resource management plan for Wilderness Study Area comprised of approxi- GATHERING the long-term protection and management of mately 59,300 acres, as generally depicted on The Senate proceeded to consider the the conservation area. The plan shall be de- a map entitled ‘‘High Rock Lake Wilder- resolution (S. Res. 326) designating the veloped with full public participation and ness—Proposed’’ and dated July 19, 2000, and shall describe the appropriate uses and man- which shall be known as the High Rock Lake Cowboy Poetry Gathering in Elko, NV, agement of the conservation area consistent Wilderness. as the ‘‘National Cowboy Poetry Gath- with the provisions of this Act. The plan (6) Certain lands in the Little High Rock ering’’. may incorporate appropriate decisions con- Canyon Wilderness Study Area comprised of The resolution (S. Res. 326) was tained in any current management or activ- approximately 48,700 acres, as generally de- agreed to. ity plan for the area and may use informa- picted on a map entitled ‘‘Little High Rock The preamble was agreed to. tion developed in previous studies of the Canyon Wilderness—Proposed’’ and dated The resolution, with its preamble, lands within or adjacent to the conservation July 19, 2000, and which shall be known as reads as follows: area. the Little High Rock Canyon Wilderness. (f) GRAZING.—Where the Secretary of the (7) Certain lands in the High Rock Canyon S. RES. 326 Interior currently permits livestock grazing Wilderness Study Area and Yellow Rock Whereas working cowboys and the ranch- in the conservation area, such grazing shall Canyon Wilderness Study Area comprised of ing community have contributed greatly to be allowed to continue subject to all applica- approximately 46,600 acres, as generally de- the establishment and perpetuation of west- ble laws, regulations, and executive orders. picted on a map entitled ‘‘High Rock Canyon ern life in the United States; (g) VISITOR SERVICE FACILITIES.—The Sec- Wilderness—Proposed’’ and dated July 19, Whereas the practice of composing verses retary is authorized to establish, in coopera- 2000, and which shall be known as the High about life and work on the range dates back tion with other public or private entities as Rock Canyon Wilderness. to at least the trail drive era of the late 19th the Secretary may deem appropriate, visitor (8) Certain lands in the Calico Mountains century; service facilities for the purpose of providing Wilderness Study Area comprised of approxi- Whereas the Cowboy Poetry Gathering has information about the historical, cultural, mately 65,400 acres, as generally depicted on revived and continues to preserve the art of ecological, recreational, and other resources a map entitled ‘‘Calico Mountains Wilder- cowboy poetry by increasing awareness and of the conservation area. ness—Proposed’’ and dated July 19, 2000, and appreciation of this tradition-based art form;

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.153 pfrm04 PsN: S05PT2 S10008 CONGRESSIONAL RECORD — SENATE October 5, 2000

Whereas the reemergence of cowboy poetry (1) GENERAL ADMINISTRATION.—The Sec- shall be subject to an agreement that con- both highlights recitation traditions that retary of the Interior (in this Act referred to version, use, or disposal of the project so as- are a central form of artistry in commu- as the ‘‘Secretary’’) shall administer the sisted for purposes contrary to the purposes nities throughout the West and promotes park in accordance with this Act and the of this Act, as determined by the Secretary, popular poetry and literature to the general provisions of law generally applicable to shall entitle the United States to reimburse- public; units of the National Park System, including ment of the greater of— Whereas the Cowboy Poetry Gathering the Act entitled ‘‘An Act to establish a Na- (A) all funds paid by the Secretary to such serves as a bridge between urban and rural tional Park Service, and for other purposes,’’ project; or people by creating a forum for the presen- approved August 35, 1916 (39 Stat. 535; 16 (B) the proportion of the increased value of tation of art and for the discussion of cul- U.S.C. 1 through 4), and the Act of August 21, the project attributable to such payments, tural issues in a humane and non-political 1935 (49 Stat. 666; 16 U.S.C. 461–467). determined at the time of such conversion, manner; (2) SPECIFIC AUTHORITIES.—The Secretary use, or disposal. Whereas the Western Folklife Center in may interpret the story of Rosie the Riveter (e) ACQUISITION.— Reno, Nevada, established and hosted the in- and the World War II home front, conduct (1) FORD ASSEMBLY BUILDING.—The Sec- augural Cowboy Poetry Gathering in Janu- and maintain oral histories that relate to retary may acquire a leasehold interest in ary of 1985; the World War II home front theme, and pro- the Ford Assembly Building for the purposes Whereas since its inception 16 years ago, vide technical assistance in the preservation of operating a World War II Home Front some 200 similar local spin-off events are of historic properties that support this story. Education Center. now held in communities throughout the (b) COOPERATIVE AGREEMENTS.— (2) OTHER FACILITIES.—The Secretary may ø West; and (1) GENERAL AGREEMENTS.—The Secretary acquire, from willing sellers, lands or inter- ¿ Whereas it is proper and desirable to recog- may enter into cooperative agreements with ests in interests within the boundaries of the nize Elko, Nevada, as the original home of the owners of the World War II Child Devel- park in the World War II day care centers, the Cowboy Poetry Gathering: Now, there- opment Centers, the World War II worker the World War II worker housing, the Kaiser- fore, be it housing, the Kaiser-Permanente Field Hos- Permanente Field Hospital, and Fire Station Resolved, That the Senate designates the pital, and Fire Station 67A, pursuant to 67, through donation, purchase with donated Cowboy Poetry Gathering in Elko, Nevada, which the Secretary may mark, interpret, or appropriated funds, transfer from any as the ‘‘National Cowboy Poetry Gathering’’. improve, restore, and provide technical as- other Federal Agency, or exchange. (3) ARTIFACTS.—The Secretary may acquire f sistance with respect to the preservation and interpretation of such properties. Such and provide for the curation of historic arti- WORLD WAR II HOME FRONT NA- agreements shall contain, but need not be facts that relate to the park. TIONAL HISTORICAL PARK ES- limited to, provisions under which the Sec- (f) DONATIONS.—The Secretary may accept TABLISHMENT ACT OF 2000 retary shall have the right of access at rea- and use donations of funds, property, and sonable times to public portions of the prop- services to carry out this Act. (g) GENERAL MANAGEMENT PLAN.— Mr. MACK. Mr. President I ask unan- erty for interpretive and other purposes, and (1) IN GENERAL.—Not later than 3 complete imous consent that the Senate now that no changes or alterations shall be made fiscal years after the date funds are made proceed to the consideration of Cal- in the property except by mutual agreement. available, the Secretary shall prepare, in endar No. 891, H.R. 4063. (2) LIMITED AGREEMENTS.—The Secretary consultation with the City of Richmond, may consult and enter into cooperative The PRESIDING OFFICER. The California, and transmit to the Committee agreements with interested persons for inter- clerk will state the bill by title. on Resources of the House of Representatives pretation and technical assistance with the The legislative clerk read as follows: and the Committee on Energy and Natural preservation of— Resources of the Senate a general manage- A bill (H.R. 4063) to establish the Rosie the (A) the Ford Assembly Building; ment plan for the park in accordance with Riveter/World War II Home Front National (B) the intact dry docks/basin docks and the provisions of section 12(b) of the Act of Historic Park in the State of California, and five historic structures at Richmond Ship- August 18, 1970 (16 U.S.C. 1a–7(b)), popularly for other purposes. yard #3; known as the National Park System General There being no objection, the Senate (C) the Shimada Peace Memorial Park; Authorities Act, and other applicable law. proceeded to consider the bill, which (D) Westshore Park; (2) PRESERVATION OF SETTING.—The general (E) the Rosie the Riveter Memorial; was reported from the Committee on management plan shall include a plan to pre- (F) Sheridan Observation Point Park; Energy and Natural Resources, with serve the historic setting of the Rosie the (G) the Bay Trail/Esplanade; amendments. Riveter/World War II Home Front National (H) Vincent Park; and [Omit the parts in black brackets and Historical Park, which shall be jointly devel- (I) the vessel S.S. RED OAK VICTORY, and oped and approved by the City of Richmond. insert the parts printed in italic.] Whirley Cranes associated with shipbuilding (3) ADDITIONAL SITES.—The general man- H.R. 4063 in Richmond. agement plan shall include a determination Be it enacted by the Senate and House of Rep- (c) EDUCATION CENTER.—The Secretary may establish a World War II Home Front of whether there are additional representa- resentatives of the United States of America in tive sites in Richmond that should be added Congress assembled, Education Center in the Ford Assembly Building. Such center shall include a pro- to the park or sites in the rest of the United SECTION 1. SHORT TITLE. gram that allows for distance learning and States that relate to the industrial, govern- This Act may be cited as the ‘‘Rosie the linkages to other representative sites across mental, and citizen efforts during World War Riveter/World War II Home Front National the country, for the purpose of educating the II that should be linked to and interpreted at Historical Park Establishment Act of 2000’’. public as to the significance of the site and the park. Such determination shall consider SEC. 2. ROSIE THE RIVETER/WORLD WAR II HOME the World War II Home Front. any information or findings developed in the FRONT NATIONAL HISTORICAL ø(d) USE OF FEDERAL FUNDS.— National Park Service study of the World PARK. ø(1) NON-FEDERAL MATCHING.—(A) As a con- War II Home Front under section 4. (a) ESTABLISHMENT.—In order to preserve dition of expending any funds appropriated SEC. 4. WORLD WAR II HOME FRONT STUDY. for the benefit and inspiration of the people to the Secretary for the purposes of the co- The Secretary shall conduct a theme study of the United States as a national historical operative agreements under subsection of the World War II home front to determine park certain sites, structures, and areas lo- (b)(2), the Secretary shall require that such whether other sites in the United States cated in Richmond, California, that are asso- expenditure must be matched by expenditure meet the criteria for potential inclusion in ciated with the industrial, governmental, of an equal amount of funds, goods, services, the National Park System in accordance and citizen efforts that led to victory in or in-kind contributions provided by non- with Section 8 of Public Law 91–383 (16 U.S.C. World War II, there is established the Rosie Federal sources. 1a–5). the Riveter/World War II Home Front Na- ø(B) With the approval of the Secretary, SEC. 5. AUTHORIZATION OF APPROPRIATIONS. tional Historical Park (in this Act referred any donation of property, services, or goods (a) IN GENERAL.— to as the ‘‘park’’). from a non-Federal source may be considered (1) ORAL HISTORIES, PRESERVATION, AND VIS- (b) AREAS INCLUDED.—The boundaries of as a contribution of funds from a non-Fed- ITOR SERVICES.—There are authorized to be the park shall be those generally depicted on eral source for purposes of this paragraph.¿ appropriated such sums as may be necessary the map entitled ‘‘Proposed Boundary Map, (d)(1) The Secretary shall require a match of to conduct oral histories and to carry out Rosie the Riveter/World War II Home Front not less than 50% for the expenditure of any the preservation, interpretation, education, National Historical Park’’ numbered 963/ federal funds for the purpose of the cooperative and other essential visitor services provided 80000 and dated May 2000. The map shall be agreements under subsection (b)(2). The non- for by this Act. on file and available for public inspection in federal match may be in funds or, with the ap- (2) ARTIFACTS.—There are authorized to be the appropriate offices of the National Park proval of the Secretary, in goods, services, or in- appropriated $1,000,000 for the acquisition Service. kind contributions. and curation of historical artifacts related to SEC. 3. ADMINISTRATION OF THE NATIONAL HIS- (2) COOPERATIVE AGREEMENT.—Any pay- the park. TORICAL PARK. ment made by the Secretary pursuant to a (b) PROPERTY ACQUISITION.—There are au- (a) IN GENERAL.— cooperative agreement under this section thorized to be appropriated such sums as are

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.050 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10009 necessary to acquire the properties listed in now proceed to the consideration of JUNIOR DUCK STAMP CONSERVA- section 3(e)(2). Calendar No. 898, S. 2872. TION AND DESIGN PROGRAM (c) LIMITATION ON USE OF FUNDS FOR S.S. ACT OF 1994 RED OAK VICTORY.—None of the funds au- The PRESIDING OFFICER. The thorized to be appropriated by this section clerk will state the bill by title. Mr. MACK. Mr. President, I ask may be used for the operation, maintenance, The legislative clerk read as follows: unanimous consent that the Senate or preservation of the vessel S.S. RED OAK now proceed to the consideration of VICTORY. A bill (S. 2872) to improve the cause of ac- Calendar No. 904, H.R. 2496. Mr. MACK. Mr. President, I ask tion for misrepresentation of Indian arts and crafts. The PRESIDING OFFICER. The unanimous consent that the committee clerk will state the bill by title. amendments be withdrawn, the bill be There being no objection, the Senate The legislative clerk read as follows: read the third time and passed, the mo- proceeded to consider the bill. A bill (H.R. 2496) to reauthorize the Junior tion to reconsider be laid upon the Mr. MACK. Mr. President, I ask Duck Stamp Conservation and Design Pro- table, and any statements relating to unanimous consent that the bill be gram Act of 1994. the bill be printed in the RECORD. read the third time and passed, the mo- There being no objection, the Senate The PRESIDING OFFICER. Without tion to reconsider be laid upon the proceeded to consider the bill. objection, it is so ordered. table, and any statements relating to Mr. MACK. Mr. President, I ask The committee amendments were the bill be printed in the RECORD. unanimous consent that the bill be withdrawn. The bill (H.R. 4063) was read the third The PRESIDING OFFICER. Without read the third time and passed, the mo- time and passed. objection, it is so ordered. tion to reconsider be laid upon the table, and any statements relating to f The bill (S. 2872) was read the third the bill be printed in the RECORD. time and passed, as follows: MAKING TECHNICAL CORRECTIONS The PRESIDING OFFICER. Without IN THE ENROLLMENT OF H.R. 3676 S. 2872 objection, it is so ordered. Mr. MACK. Mr. President, I ask Be it enacted by the Senate and House of Rep- The bill (H.R. 2496) was read the third unanimous consent that the Senate resentatives of the United States of America in time and passed. now proceed to the immediate consid- Congress assembled, f eration of S. Con. Res. 143, submitted SECTION 1. SHORT TITLE. CAT ISLAND NATIONAL WILDLIFE earlier today by Senators MURKOWSKI This Act may be cited as the ‘‘Indian Arts REFUGE ESTABLISHMENT ACT and BINGAMAN. and Crafts Enforcement Act of 2000’’. The PRESIDING OFFICER. The Mr. MACK. Mr. President, I ask clerk will state the concurrent resolu- SEC. 2. AMENDMENTS TO CIVIL ACTION PROVI- unanimous consent that the Senate SIONS. tion by title. now proceed to the consideration of The legislative clerk read as follows: Section 6 of the Act entitled ‘‘An Act to Calendar No. 906, H.R. 3292. A concurrent resolution (S. Con. Res. 143) promote the development of Indian arts and The PRESIDING OFFICER. The to make technical corrections in the enroll- crafts and to create a board to assist therein, clerk will state the bill by title. ment of the H.R. 3676. and for other purposes’’ (25 U.S.C. 305e) (as The legislative clerk read as follows: added by section 105 of the Indian Arts and Mr. MACK. Mr. President, I ask Crafts Act of 1990 (Public Law 101–644; 104 A bill (H.R. 3292) to provide for the estab- unanimous consent that the concur- Stat. 4664)) is amended— lishment of the Cat Island National Wildlife rent resolution be agreed to and the (1) in subsection (a)— Refuge in West Feliciana Parish, Louisiana. motion to reconsider be laid upon the (A) in the matter preceding paragraph (1), There being no objection, the Senate table. by inserting ‘‘, directly or indirectly,’’ after proceeded to consider the bill, which The PRESIDING OFFICER. Without ‘‘against a person who’’; and was reported from the Committee on objection, it is so ordered. (B) by inserting the following flush lan- Environment and Public Works, with guage after paragraph (2)(B): The concurrent resolution (S. Con. amendments. Res. 143) was agreed to, as follows: ‘‘For purposes of paragraph (2)(A), damages [Omit the parts in black brackets and S. CON. RES. 143 shall include any and all gross profits ac- insert the parts printed in italic.] crued by the defendant as a result of the ac- Resolved by the Senate (the House of Rep- H.R. 3292 resentatives concurring), That in the enroll- tivities found to violate this subsection.’’; Be it enacted by the Senate and House of Rep- ment of the bill (H.R. 3676 to establish the (2) in subsection (c)— resentatives of the United States of America in Santa Rosa and San Jacinto Mountains Na- (A) in paragraph (1)— Congress assembled, tional Monument in the State of California, (i) in subparagraph (A), by striking ‘‘or’’ at the Clerk of the House of Representatives the end; SECTION 1. SHORT TITLE. shall make the following corrections: (ii) in subparagraph (B), by striking the pe- This Act may be cited as the ‘‘Cat Island (1) In the second sentence of section 2(d)(1), riod and inserting ‘‘; or’’; and National Wildlife Refuge Establishment strike ‘‘and the Committee on Agriculture, (iii) by adding at the end the following: Act’’. Nutrition, and Forestry’’. ‘‘(C) by an Indian arts and crafts organiza- SEC. 2. FINDINGS. (2) In the second sentence of section 4(a)(3), tion on behalf of itself, or by an Indian on The Congress finds that— strike ‘‘Nothing in this section’’ and insert behalf of himself or herself.’’; and (1) as the southernmost unleveed portion of ‘‘Nothing in this Act’’. (B) in paragraph (2)(A)— the Mississippi River, Cat Island, Louisiana, (3) In section 4(c)(1), strike ‘‘any person, (i) by striking ‘‘the amount recovered the is one of the last remaining tracts in the including’’. amount’’ and inserting ‘‘the amount lower Mississippi Valley that is still influ- (4) In section 5, add at the end the fol- recovered— enced by the natural dynamics of the river; lowing: ‘‘(i) the amount’’; and (2) Cat Island supports one of the highest ‘‘(j) WILDERNESS PROTECTION.—Nothing in (ii) by adding at the end the following: densities of virgin bald cypress trees in the this Act alters the management of any areas ‘‘(ii) the amount for the costs of investiga- entire Mississippi River Valley, including designated as Wilderness which are within tion awarded pursuant to subsection (b) and the Nation’s champion cypress tree which is the boundaries of the National Monument. reimburse the Board the amount of such 17 feet wide and has a circumference of 53 All such areas shall remain subject to the costs incurred as a direct result of Board ac- feet; Wilderness Act (16 U.S.C. 1131 et seq.), the tivities in the suit; and’’; (3) Cat Island is important habitat for sev- laws designating such areas as Wilderness, (3) in subsection (d)(2), by inserting ‘‘sub- eral declining species of forest songbirds and and other applicable laws. If any part of this ject to subsection (f),’’ after ‘‘(2)’’; and supports thousands of wintering waterfowl; Act conflicts with any provision of those (4) by adding at the end the following: (4) Cat Island supports high populations of laws with respect to the management of the ‘‘(f) Not later than 180 days after the date deer, turkey, and furbearers, such as mink Wilderness areas, such provisions shall con- of enactment of the Indian Arts and Crafts and bobcats; trol’’. Enforcement Act of 2000, the Board shall pro- (5) conservation and enhancement of this f mulgate regulations to include in the defini- area through inclusion in the National Wild- INDIAN ARTS AND CRAFTS tion of the term ‘Indian product’ specific ex- life Refuge System would help meet the ENFORCEMENT ACT OF 2000 amples of such product to provide guidance habitat conservation goals of the North to Indian artisans as well as to purveyors American Waterfowl Management Plan; Mr. MACK. Mr. President, I ask and consumers of Indian arts and crafts, as (6) these forested wetlands represent one of unanimous consent that the Senate defined under this Act.’’. the most valuable and productive wildlife

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.051 pfrm04 PsN: S05PT2 S10010 CONGRESSIONAL RECORD — SENATE October 5, 2000 habitat types in the United States, and have provision of fish- and wildlife-oriented rec- ‘‘section 4(a)(3) and (4) of the National Wild- extremely high recreational value for hunt- reational opportunities as the Secretary con- life Refuge System Administration Act of ers, anglers, birdwatchers, nature photog- siders appropriate to carry out the purposes 1966 (16 U.S.C. 668ee(a)(3), (4))’’ and inserting raphers, and others; and of this Act. ‘‘paragraphs (3) and (4) of section 4(a) of the (7) the Cat Island area is deserving of in- (b) PRIORITY USES.—In providing opportuni- National Wildlife Refuge System Adminis- clusion in the National Wildlife Refuge Sys- ties for compatible fish- and wildlife-ori- tration Act of 1966 (16 U.S.C. 668dd(a))’’. tem. ented recreation, the Secretary, in accord- Mr. MACK. Mr. President, I ask SEC. 3. DEFINITIONS. ance with paragraphs (3) and (4) of section unanimous consent that the committee For purposes of this Act— 4(a) of the National Wildlife Refuge System amendments be agreed to, the amend- (1) the term ‘‘Refuge’’ means the Cat Is- Administration Act of 1966 (16 U.S.C. ment be agreed to, the bill be read the 668dd(a)), shall ensure that hunting, fishing, land National Wildlife Refuge; and third time and passed, the motion to (2) the term ‘‘Secretary’’ means the Sec- wildlife observation and photography, and retary of the Interior. environmental education and interpretation reconsider be laid upon the table, and any statements relating to the bill be SEC. 4. PURPOSES. are the priority public uses of the Refuge. The purposes for which the Refuge is estab- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. printed in the RECORD. lished and shall be managed are— There are authorized to be appropriated to The PRESIDING OFFICER. Without (1) to conserve, restore, and manage habi- the Department of the Interior— objection, it is so ordered. tats as necessary to contribute to the migra- (1) such funds as may be necessary for the The committee amendments were tory bird population goals and habitat objec- acquisition of lands and waters designated in agreed to. tive as established through the Lower Mis- section 5(c); and The amendment (No. 4298) was agreed sissippi Valley Joint Venture; (2) such funds as may be necessary for the to. (2) to conserve, restore, and manage the development, operation, and maintenance of The bill (H.R. 3292), as amended, was significant aquatic resource values associ- the Refuge. read the third time and passed. ated with the area’s forested wetlands and to AMENDMENT NO. 4298 f achieve the habitat objectives of the ‘‘Mis- Mr. MACK. Mr. President, I send an sissippi River Aquatic Resources Manage- amendment to the desk and ask for its CAHABA RIVER NATIONAL WILD- ment Plan’’; immediate consideration. LIFE REFUGE ESTABLISHMENT (3) to conserve, enhance, and restore the ACT historic native bottomland community char- The PRESIDING OFFICER. The acteristics of the lower Mississippi alluvial clerk will report. Mr. MACK. Mr. President, I ask valley and its associated fish, wildlife, and The legislative clerk read as follows: unanimous consent that the Senate plant species; The Senator from Florida [Mr. MACK], for now proceed to the consideration of (4) to conserve, enhance, and restore habi- Mr. SMITH of New Hampshire, proposes an Calendar No. 908, H.R. 4286. tat to maintain and assist in the recovery of amendment numbered 4298. The PRESIDING OFFICER. The endangered, and threatened plants and ani- Mr. MACK. Mr. President, I ask clerk will state the bill by title. mals; and The legislative clerk read as follows: ø unanimous consent that reading of the (5) to provide opportunities for priority A bill (H.R. 4286) to provide for the estab- public wildlife dependent uses for compatible amendment be dispensed with. The PRESIDING OFFICER. Without lishment of the Cahaba River National Wild- hunting, fishing, trapping, wildlife observa- life Refuge in Bibb County, Alabama. tion and photography, and environmental objection, it is so ordered. education and interpretation; and The amendment is as follows: There being no objection, the Senate ø(6)¿(5) to encourage the use of volunteers At the end, add the following: proceeded to consider the bill. and facilitate partnerships among the United SEC. 8. DESIGNATION OF HERBERT H. BATEMAN Mr. MACK. Mr. President, I ask States Fish and Wildlife Service, local com- EDUCATION AND ADMINISTRATIVE unanimous consent that the bill be munities, conservation organizations, and CENTER. read the third time and passed, the mo- other non-Federal entities to promote public (a) IN GENERAL.—A building proposed to be tion to reconsider be laid upon the awareness of the resources of the Refuge and located within the boundaries of the Chin- table, and any statements relating to the National Wildlife Refuge System and coteague National Wildlife Refuge, on the bill be printed in the RECORD. public participation in the conservation of Assateague Island, Virginia, shall be known The PRESIDING OFFICER. Without those resources. and designated as the ‘‘Herbert H. Bateman objection, it is so ordered. Education and Administrative Center’’. SEC. 5. ESTABLISHMENT OF REFUGE. The bill (H.R. 4286) was read the third (b) REFERENCES.—Any reference in a law, (a) ACQUISITION BOUNDARY.—The Secretary time and passed. is authorized to establish the Cat Island Na- map, regulation, document, paper, or other tional Wildlife Refuge, consisting of approxi- record of the United States to the building f mately 36,500 acres of land and water, as de- referred to in subsection (a) shall be deemed to be a reference to the Herbert H. Bateman MAKING TECHNICAL CORRECTIONS picted upon a map entitled ‘‘Cat Island Na- TO A MAP RELATING TO THE tional Wildlife Refuge–Proposed’’, dated Feb- Education and Administrative Center. ruary 8, 2000, and available for inspection in SEC. 9. TECHNICAL CORRECTIONS. COASTAL BARRIER RESOURCES appropriate offices of the United States Fish (a) Effective on the day after the date of SYSTEM and Wildlife Service. enactment of the Act entitled, ‘‘An Act to Mr. MACK. Mr. President, I ask (b) BOUNDARY REVISIONS.—The Secretary reauthorize the Junior Duck Stamp Con- unanimous consent that the Senate may make such minor revisions of the servation and Design Program Act of 1994’’ proceed to the consideration of Cal- boundary designated under this section as (106th Congress), section 6 of the Junior may be appropriate to carry out the purposes endar No. 920, H.R. 34. Duck Stamp Conservation and Design Pro- The PRESIDING OFFICER. The of the Refuge or to facilitate the acquisition gram Act of 1994 (16 U.S.C. 668dd note; Public of property within the Refuge. Law 103–340), relating to an environmental clerk will state the bill by title. (c) ACQUISITION.—The Secretary is author- education center and refuge, is redesignated The legislative clerk read as follows: ized to acquire the lands and waters, or in- as section 7. A bill (H.R. 34) to direct the Secretary of terests therein, within the acquisition (b) Effective on the day after the date of the Interior to make technical corrections to boundary described in subsection (a) of this enactment of the Cahaba River National a map relating to the Coastal Barrier Re- section. Wildlife Refuge Establishment Act (106th sources System. (d) ESTABLISHMENT.—The Secretary shall Congress), section 6 of that Act is amended— There being no objection, the Senate establish the Refuge by publication of a no- (1) in paragraph (2), by striking ‘‘the En- proceeded to consider the bill, which tice to that effect in the Federal Register dangered Species Act of 1973 (16 U.S.C. 1331 et was reported from the Committee on and publications of local circulation when- seq.)’’ and inserting ‘‘the Endangered Species ever sufficient property has been acquired to Environment and Public Works, with Act of 1973 (16 U.S.C. 1531 et seq.)’’; and amendments. constitute an area that can be efficiently (2) in paragraph (3), by striking ‘‘section managed as a National Wildlife Refuge. 4(a)(3) and (4) of the National Wildlife Refuge [Omit the parts in black brackets and SEC. 6. ADMINISTRATION. System Administration Act of 1966 (16 U.S.C. insert the parts printed in italic.] (a) IN GENERAL.—The Secretary shall ad- 668ee(a)(3), (4))’’ and inserting ‘‘paragraphs H.R. 34 minister all lands, waters, and interests (3) and (4) of section 4(a) of the National Be it enacted by the Senate and House of Rep- therein acquired under this Act in accord- Wildlife Refuge System Administration Act resentatives of the United States of America in ance with the National Wildlife Refuge Sys- of 1966 (16 U.S.C. 668dd(a))’’. Congress assembled, tem Administration Act (16 U.S.C. 668dd et (c) Effective on the day after the date of SECTION 1. CORRECTIONS TO MAPS. seq.). The Secretary may use such additional enactment of the Red River National Wild- (a) IN GENERAL.—The Secretary of the In- statutory authority as may be available for life Refuge Act (106th Congress), section terior shall, before the end of the 30-day pe- the conservation of fish and wildlife, and the 4(b)(2)(D) of that Act is amended by striking riod beginning on the date of the enactment

VerDate 02-OCT-2000 23:58 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.056 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10011 of this Act, make such corrections to the There being no objection, the Senate costs of disaster assistance, and for map described in subsection (b) as are nec- proceeded to consider the concurrent other purposes.’’ essary to ensure that depictions of areas on resolution. The PRESIDING OFFICER laid be- that map are consistent with the depictions Mr. MACK. Mr. President, I ask fore the Senate the following message of areas appearing on the map entitled ‘‘Amendments to the Coastal Barrier Re- unanimous consent that the concur- from the House of Representatives: sources System’’, ødated ——————, and on rent resolution be agreed to, the pre- Resolved, That the House agree to the file with the Committee on Resources of the amble be agreed to, the motion to re- amendment of the Senate to the bill (H.R. House of Representatives.¿ dated June 5, 2000. consider be laid upon the table, and 707) entitled ‘‘An Act to amend the Robert T. (b) MAP DESCRIBED.—The map described in any statements relating to the resolu- Stafford Disaster Relief and Emergency As- sistance Act to authorize a program for this subsection is the map that— tion be printed in the RECORD. (1) is included in a set of maps entitled predisaster mitigation, to streamline the ad- The PRESIDING OFFICER. Without ministration of disaster relief, to control the ‘‘Coastal Barrier Resources System’’, dated objection, it is so ordered. November 2, 1994; and Federal costs of disaster assistance, and for (2) relates to unit P19–P of the Coastal Bar- The concurrent resolution (S. Con. other purposes’’, with the following House rier Resources System. Res. 144) was agreed to. Amendment to Senate Amendment: (c) AVAILABILITY.—The Secretary of the Inte- The preamble was agreed to. In lieu of the matter proposed to be in- rior shall keep the map described in subsection The concurrent resolution with its serted by the amendment of the Senate, in- (b) on file and available for public inspection in preamble reads as follows: sert the following: accordance with section 4(b) of the Coastal Bar- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. S. CON. RES. 144 rier Resources Act (16 U.S.C. 3503(b)). (a) SHORT TITLE.—This Act may be cited as Whereas November 17, 2000, is the 200th an- the ‘‘Disaster Mitigation Act of 2000’’. Mr. MACK. Mr. President, I ask niversary of the first meeting of Congress in (b) TABLE OF CONTENTS.—The table of con- unanimous consent that the committee Washington, DC; tents of this Act is as follows: amendments be agreed to, the bill be Whereas Congress, having previously con- Sec. 1. Short title; table of contents. vened at the Federal Hall in New York City read the third time and passed, the mo- TITLE I—PREDISASTER HAZARD and at the Congress Hall in Philadelphia, has tion to reconsider be laid upon the MITIGATION table, and any statements relating to met in the United States Capitol Building since November 17, 1800; Sec. 101. Findings and purpose. the bill be printed in the RECORD. Whereas President John Adams, on Novem- Sec. 102. Predisaster hazard mitigation. The PRESIDING OFFICER. Without ber 22, 1800, addressed a joint session of Con- Sec. 103. Interagency task force. Sec. 104. Mitigation planning; minimum stand- objection, it is so ordered. gress in Washington, DC, for the first time, ards for public and private struc- The committee amendments were stating, ‘‘I congratulate the people of the tures. agreed to. United States on the assembling of Congress The bill (H.R. 34), as amended, was at the permanent seat of their Government; TITLE II—STREAMLINING AND COST REDUCTION read the third time and passed. and I congratulate you, gentlemen, on the Sec. 201. Technical amendments. f prospect of a residence not to be changed.’’; Whereas, on December 12, 1900, Congress Sec. 202. Management costs. CLARIFYING BOUNDARIES ON THE convened a joint meeting to observe the cen- Sec. 203. Public notice, comment, and consulta- MAP RELATING TO THE COAST- tennial of its residence in Washington, DC; tion requirements. Whereas since its first meeting in Wash- Sec. 204. State administration of hazard mitiga- AL BARRIER RESOURCES SYS- tion grant program. TEM ington, DC, on November 17, 1800, Congress has continued to cultivate and build upon a Sec. 205. Assistance to repair, restore, recon- Mr. MACK. Mr. President, I ask heritage of respect for individual liberty, struct, or replace damaged facili- unanimous consent that the Senate representative government, and the attain- ties. ment of equal and inalienable rights, all of Sec. 206. Federal assistance to individuals and now proceed to the consideration of households. Calendar No. 922, H.R. 4435. which are symbolized in the physical struc- ture of the United States Capitol Building; Sec. 207. Community disaster loans. The PRESIDING OFFICER. The Sec. 208. Report on State management of small and disasters initiative. clerk will state the bill by title. Whereas it is appropriate for Congress, as Sec. 209. Study regarding cost reduction. The legislative clerk read as follows: the first branch of the government under the A bill (H.R. 4435) to clarify certain bound- Constitution, to commemorate the 200th an- TITLE III—MISCELLANEOUS aries on the map relating to Unit NC–01 of niversary of the first meeting of Congress in Sec. 301. Technical correction of short title. the Coastal Barrier Resources System. Washington, DC, in order to focus public at- Sec. 302. Definitions. tention on its present duties and responsibil- Sec. 303. Fire management assistance. There being no objection, the Senate Sec. 304. President’s Council on Domestic Ter- proceeded to consider the bill. ities: Now, therefore, be it Resolved by the Senate (the House of Rep- rorism Preparedness. Mr. MACK. Mr. President, I ask resentatives concurring), That it is the sense Sec. 305. Disaster grant closeout procedures. unanimous consent that the bill be of Congress that— Sec. 306. Public safety officer benefits for cer- read the third time and passed, the mo- (1) November 17, 2000, be designated as a tain Federal and State employees. tion to reconsider be laid upon the day of national observance for the 200th an- Sec. 307. Buy American. Sec. 308. Treatment of certain real property. niversary of the first meeting of Congress in table, and any statements relating to Sec. 309. Study of participation by Indian tribes Washington, DC; and the bill be printed in the RECORD. in emergency management. (2) the people of the United States be urged The PRESIDING OFFICER. Without TITLE I—PREDISASTER HAZARD objection, it is so ordered. and invited to observe such date by cele- brating and examining the legislative proc- MITIGATION The bill (H.R. 4435) was read the third ess by which members of Congress convene SEC. 101. FINDINGS AND PURPOSE. time and passed. and air differences, learn from one another, (a) FINDINGS.—Congress finds that— f subordinate parochial interests, compromise, (1) natural disasters, including earthquakes, and work towards achieving a constructive tsunamis, tornadoes, hurricanes, flooding, and 200TH ANNIVERSARY OF THE consensus for the good of the people of the wildfires, pose great danger to human life and FIRST MEETING OF THE CON- United States. to property throughout the United States; GRESS IN WASHINGTON, DC f (2) greater emphasis needs to be placed on— (A) identifying and assessing the risks to Mr. MACK. Mr. President, I ask ROBERT T. STAFFORD DISASTER States and local governments (including Indian unanimous consent that the Senate RELIEF AND EMERGENCY AS- tribes) from natural disasters; now proceed to the immediate consid- SISTANCE ACT (B) implementing adequate measures to reduce eration of S. Con. Res. 144, submitted losses from natural disasters; and earlier by Senator LOTT and Senator Mr. MACK. Mr. President, I ask that (C) ensuring that the critical services and fa- DASCHLE. the Chair lay before the Senate a mes- cilities of communities will continue to function The PRESIDING OFFICER. The sage from the House to accompany after a natural disaster; (3) expenditures for postdisaster assistance are clerk will report. H.R. 707, an act to amend the Robert T. Stafford Disaster Relief and Emer- increasing without commensurate reductions in The legislative clerk read as follows: the likelihood of future losses from natural dis- A Senate concurrent resolution (S. Con. gency Assistance Act to authorize a asters; 144) commemorating the 200th anniversary of program for predisaster mitigation, to (4) in the expenditure of Federal funds under the first meeting of the Congress in Wash- streamline the administration of dis- the Robert T. Stafford Disaster Relief and Emer- ington, DC. aster relief, to control the Federal gency Assistance Act (42 U.S.C. 5121 et seq.),

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.063 pfrm04 PsN: S05PT2 S10012 CONGRESSIONAL RECORD — SENATE October 5, 2000 high priority should be given to mitigation of shall select from local governments rec- ‘‘(8) the opportunity to fund activities that hazards at the local level; and ommended by the Governors under this sub- maximize net benefits to society; (5) with a unified effort of economic incen- section. ‘‘(9) the extent to which assistance will fund tives, awareness and education, technical assist- ‘‘(B) EXTRAORDINARY CIRCUMSTANCES.—In mitigation activities in small impoverished com- ance, and demonstrated Federal support, States providing assistance to local governments under munities; and and local governments (including Indian tribes) this section, the President may select a local ‘‘(10) such other criteria as the President es- will be able to— government that has not been recommended by tablishes in consultation with State and local (A) form effective community-based partner- a Governor under this subsection if the Presi- governments. ships for hazard mitigation purposes; dent determines that extraordinary cir- ‘‘(h) FEDERAL SHARE.— (B) implement effective hazard mitigation cumstances justify the selection and that mak- ‘‘(1) IN GENERAL.—Financial assistance pro- measures that reduce the potential damage from ing the selection will further the purpose of this vided under this section may contribute up to 75 natural disasters; section. percent of the total cost of mitigation activities (C) ensure continued functionality of critical ‘‘(3) EFFECT OF FAILURE TO NOMINATE.—If a approved by the President. services; Governor of a State fails to submit recommenda- ‘‘(2) SMALL IMPOVERISHED COMMUNITIES.— (D) leverage additional non-Federal resources tions under this subsection in a timely manner, Notwithstanding paragraph (1), the President in meeting natural disaster resistance goals; and the President may select, subject to the criteria may contribute up to 90 percent of the total cost (E) make commitments to long-term hazard specified in subsection (g), any local govern- of a mitigation activity carried out in a small mitigation efforts to be applied to new and exist- ments of the State to receive assistance under impoverished community. ing structures. this section. ‘‘(i) NATIONAL PREDISASTER MITIGATION (b) PURPOSE.—The purpose of this title is to ‘‘(e) USES OF TECHNICAL AND FINANCIAL AS- FUND.— establish a national disaster hazard mitigation SISTANCE.— ‘‘(1) ESTABLISHMENT.—The President may es- program— ‘‘(1) IN GENERAL.—Technical and financial as- tablish in the Treasury of the United States a (1) to reduce the loss of life and property, sistance provided under this section— fund to be known as the ‘National Predisaster human suffering, economic disruption, and dis- ‘‘(A) shall be used by States and local govern- Mitigation Fund’, to be used in carrying out aster assistance costs resulting from natural dis- ments principally to implement predisaster haz- this section. asters; and ard mitigation measures that are cost-effective ‘‘(2) TRANSFERS TO FUND.—There shall be de- (2) to provide a source of predisaster hazard and are described in proposals approved by the posited in the Fund— mitigation funding that will assist States and President under this section; and ‘‘(A) amounts appropriated to carry out this local governments (including Indian tribes) in ‘‘(B) may be used— section, which shall remain available until ex- implementing effective hazard mitigation meas- ‘‘(i) to support effective public-private natural pended; and ures that are designed to ensure the continued disaster hazard mitigation partnerships; ‘‘(B) sums available from gifts, bequests, or functionality of critical services and facilities ‘‘(ii) to improve the assessment of a commu- donations of services or property received by the after a natural disaster. nity’s vulnerability to natural hazards; or President for the purpose of predisaster hazard mitigation. SEC. 102. PREDISASTER HAZARD MITIGATION. ‘‘(iii) to establish hazard mitigation priorities, and an appropriate hazard mitigation plan, for ‘‘(3) EXPENDITURES FROM FUND.—Upon re- (a) IN GENERAL.—Title II of the Robert T. a community. quest by the President, the Secretary of the Stafford Disaster Relief and Emergency Assist- ‘‘(2) DISSEMINATION.—A State or local govern- Treasury shall transfer from the Fund to the ance Act (42 U.S.C. 5131 et seq.) is amended by ment may use not more than 10 percent of the fi- President such amounts as the President deter- adding at the end the following: nancial assistance received by the State or local mines are necessary to provide technical and fi- ‘‘SEC. 203. PREDISASTER HAZARD MITIGATION. government under this section for a fiscal year nancial assistance under this section. ‘‘(a) DEFINITION OF SMALL IMPOVERISHED to fund activities to disseminate information re- ‘‘(4) INVESTMENT OF AMOUNTS.— COMMUNITY.—In this section, the term ‘small garding cost-effective mitigation technologies. ‘‘(A) IN GENERAL.—The Secretary of the impoverished community’ means a community of ‘‘(f) ALLOCATION OF FUNDS.—The amount of Treasury shall invest such portion of the Fund 3,000 or fewer individuals that is economically financial assistance made available to a State as is not, in the judgment of the Secretary of the disadvantaged, as determined by the State in (including amounts made available to local gov- Treasury, required to meet current withdrawals. which the community is located and based on ernments of the State) under this section for a Investments may be made only in interest-bear- criteria established by the President. fiscal year— ing obligations of the United States. ‘‘(b) ESTABLISHMENT OF PROGRAM.—The ‘‘(1) shall be not less than the lesser of— ‘‘(B) ACQUISITION OF OBLIGATIONS.—For the President may establish a program to provide ‘‘(A) $500,000; or purpose of investments under subparagraph (A), technical and financial assistance to States and ‘‘(B) the amount that is equal to 1.0 percent of obligations may be acquired— local governments to assist in the implementa- the total funds appropriated to carry out this ‘‘(i) on original issue at the issue price; or tion of predisaster hazard mitigation measures section for the fiscal year; ‘‘(ii) by purchase of outstanding obligations at that are cost-effective and are designed to re- ‘‘(2) shall not exceed 15 percent of the total the market price. duce injuries, loss of life, and damage and de- funds described in paragraph (1)(B); and ‘‘(C) SALE OF OBLIGATIONS.—Any obligation struction of property, including damage to crit- ‘‘(3) shall be subject to the criteria specified in acquired by the Fund may be sold by the Sec- ical services and facilities under the jurisdiction subsection (g). retary of the Treasury at the market price. of the States or local governments. ‘‘(g) CRITERIA FOR ASSISTANCE AWARDS.—In ‘‘(D) CREDITS TO FUND.—The interest on, and ‘‘(c) APPROVAL BY PRESIDENT.—If the Presi- determining whether to provide technical and fi- the proceeds from the sale or redemption of, any dent determines that a State or local government nancial assistance to a State or local govern- obligations held in the Fund shall be credited to has identified natural disaster hazards in areas ment under this section, the President shall take and form a part of the Fund. under its jurisdiction and has demonstrated the into account— ‘‘(E) TRANSFERS OF AMOUNTS.— ability to form effective public-private natural ‘‘(1) the extent and nature of the hazards to ‘‘(i) IN GENERAL.—The amounts required to be disaster hazard mitigation partnerships, the be mitigated; transferred to the Fund under this subsection President, using amounts in the National ‘‘(2) the degree of commitment of the State or shall be transferred at least monthly from the Predisaster Mitigation Fund established under local government to reduce damages from future general fund of the Treasury to the Fund on the subsection (i) (referred to in this section as the natural disasters; basis of estimates made by the Secretary of the ‘Fund’), may provide technical and financial ‘‘(3) the degree of commitment by the State or Treasury. assistance to the State or local government to be local government to support ongoing non-Fed- ‘‘(ii) ADJUSTMENTS.—Proper adjustment shall used in accordance with subsection (e). eral support for the hazard mitigation measures be made in amounts subsequently transferred to ‘‘(d) STATE RECOMMENDATIONS.— to be carried out using the technical and finan- the extent prior estimates were in excess of or ‘‘(1) IN GENERAL.— cial assistance; less than the amounts required to be trans- ‘‘(A) RECOMMENDATIONS.—The Governor of ‘‘(4) the extent to which the hazard mitigation ferred. each State may recommend to the President not measures to be carried out using the technical ‘‘(j) LIMITATION ON TOTAL AMOUNT OF FINAN- fewer than five local governments to receive as- and financial assistance contribute to the miti- CIAL ASSISTANCE.—The President shall not pro- sistance under this section. gation goals and priorities established by the vide financial assistance under this section in ‘‘(B) DEADLINE FOR SUBMISSION.—The rec- State; an amount greater than the amount available in ommendations under subparagraph (A) shall be ‘‘(5) the extent to which the technical and fi- the Fund. submitted to the President not later than Octo- nancial assistance is consistent with other as- ‘‘(k) MULTIHAZARD ADVISORY MAPS.— ber 1, 2001, and each October 1st thereafter or sistance provided under this Act; ‘‘(1) DEFINITION OF MULTIHAZARD ADVISORY such later date in the year as the President may ‘‘(6) the extent to which prioritized, cost-effec- MAP.—In this subsection, the term ‘multihazard establish. tive mitigation activities that produce meaning- advisory map’ means a map on which hazard ‘‘(C) CRITERIA.—In making recommendations ful and definable outcomes are clearly identi- data concerning each type of natural disaster is under subparagraph (A), a Governor shall con- fied; identified simultaneously for the purpose of sider the criteria specified in subsection (g). ‘‘(7) if the State or local government has sub- showing areas of hazard overlap. ‘‘(2) USE.— mitted a mitigation plan under section 322, the ‘‘(2) DEVELOPMENT OF MAPS.—In consultation ‘‘(A) IN GENERAL.—Except as provided in sub- extent to which the activities identified under with States, local governments, and appropriate paragraph (B), in providing assistance to local paragraph (6) are consistent with the mitigation Federal agencies, the President shall develop governments under this section, the President plan; multihazard advisory maps for areas, in not

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.060 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10013 fewer than five States, that are subject to com- ‘‘(2) establish a strategy to implement those (B) in the third sentence, by striking ‘‘The monly recurring natural hazards (including actions. total’’ and inserting ‘‘Subject to section 322, the flooding, hurricanes and severe winds, and seis- ‘‘(c) STATE PLANS.—The State process of de- total’’. mic events). velopment of a mitigation plan under this sec- (2) Section 409 of the Robert T. Stafford Dis- ‘‘(3) USE OF TECHNOLOGY.—In developing tion shall— aster Relief and Emergency Assistance Act (42 multihazard advisory maps under this sub- ‘‘(1) identify the natural hazards, risks, and U.S.C. 5176) is repealed. section, the President shall use, to the maximum vulnerabilities of areas in the State; TITLE II—STREAMLINING AND COST extent practicable, the most cost-effective and ‘‘(2) support development of local mitigation REDUCTION efficient technology available. plans; SEC. 201. TECHNICAL AMENDMENTS. ‘‘(4) USE OF MAPS.— ‘‘(3) provide for technical assistance to local ‘‘(A) ADVISORY NATURE.—The multihazard ad- and tribal governments for mitigation planning; Section 311 of the Robert T. Stafford Disaster visory maps shall be considered to be advisory and Relief and Emergency Assistance Act (42 U.S.C. and shall not require the development of any ‘‘(4) identify and prioritize mitigation actions 5154) is amended in subsections (a)(1), (b), and new policy by, or impose any new policy on, that the State will support, as resources become (c) by striking ‘‘section 803 of the Public Works any government or private entity. available. and Economic Development Act of 1965’’ each ‘‘(B) AVAILABILITY OF MAPS.—The multi- ‘‘(d) FUNDING.— place it appears and inserting ‘‘section 209(c)(2) hazard advisory maps shall be made available to ‘‘(1) IN GENERAL.—Federal contributions of the Public Works and Economic Development the appropriate State and local governments for under section 404 may be used to fund the devel- Act of 1965 (42 U.S.C. 3149(c)(2))’’. the purposes of— opment and updating of mitigation plans under SEC. 202. MANAGEMENT COSTS. ‘‘(i) informing the general public about the this section. (a) IN GENERAL.—Title III of the Robert T. risks of natural hazards in the areas described ‘‘(2) MAXIMUM FEDERAL CONTRIBUTION.—With Stafford Disaster Relief and Emergency Assist- in paragraph (2); respect to any mitigation plan, a State, local, or ance Act (42 U.S.C. 5141 et seq.) (as amended by ‘‘(ii) supporting the activities described in sub- tribal government may use an amount of Fed- section 104(a)) is amended by adding at the end section (e); and eral contributions under section 404 not to ex- the following: ‘‘(iii) other public uses. ceed 7 percent of the amount of such contribu- ‘‘SEC. 324. MANAGEMENT COSTS. ‘‘(l) REPORT ON FEDERAL AND STATE ADMINIS- tions available to the government as of a date ‘‘(a) DEFINITION OF MANAGEMENT COST.—In TRATION.—Not later than 18 months after the determined by the government. this section, the term ‘management cost’ in- ‘‘(e) INCREASED FEDERAL SHARE FOR HAZARD date of the enactment of this section, the Presi- cludes any indirect cost, any administrative ex- MITIGATION MEASURES.— dent, in consultation with State and local gov- pense, and any other expense not directly ‘‘(1) IN GENERAL.—If, at the time of the dec- ernments, shall submit to Congress a report chargeable to a specific project under a major laration of a major disaster, a State has in effect evaluating efforts to implement this section and disaster, emergency, or disaster preparedness or an approved mitigation plan under this section, recommending a process for transferring greater mitigation activity or measure. the President may increase to 20 percent, with authority and responsibility for administering ‘‘(b) ESTABLISHMENT OF MANAGEMENT COST respect to the major disaster, the maximum per- the assistance program established under this RATES.—Notwithstanding any other provision of centage specified in the last sentence of section section to capable States. law (including any administrative rule or guid- 404(a). ‘‘(m) TERMINATION OF AUTHORITY.—The au- ance), the President shall by regulation estab- ‘‘(2) FACTORS FOR CONSIDERATION.—In deter- thority provided by this section terminates De- lish management cost rates, for grantees and mining whether to increase the maximum per- cember 31, 2003.’’. subgrantees, that shall be used to determine centage under paragraph (1), the President (b) CONFORMING AMENDMENT.—Title II of the contributions under this Act for management shall consider whether the State has Robert T. Stafford Disaster Relief and Emer- costs. gency Assistance Act (42 U.S.C. 5131 et seq.) is established— ‘‘(A) eligibility criteria for property acquisi- ‘‘(c) REVIEW.—The President shall review the amended by striking the title heading and in- management cost rates established under sub- serting the following: tion and other types of mitigation measures; ‘‘(B) requirements for cost effectiveness that section (b) not later than 3 years after the date ‘‘TITLE II—DISASTER PREPAREDNESS AND are related to the eligibility criteria; of establishment of the rates and periodically MITIGATION ASSISTANCE’’. ‘‘(C) a system of priorities that is related to thereafter.’’. SEC. 103. INTERAGENCY TASK FORCE. the eligibility criteria; and (b) APPLICABILITY.— Title II of the Robert T. Stafford Disaster Re- ‘‘(D) a process by which an assessment of the (1) IN GENERAL.—Subject to paragraph (2), lief and Emergency Assistance Act (42 U.S.C. effectiveness of a mitigation action may be car- subsections (a) and (b) of section 324 of the Rob- 5131 et seq.) (as amended by section 102(a)) is ried out after the mitigation action is complete. ert T. Stafford Disaster Relief and Emergency amended by adding at the end the following: ‘‘SEC. 323. MINIMUM STANDARDS FOR PUBLIC Assistance Act (as added by subsection (a)) shall ‘‘SEC. 204. INTERAGENCY TASK FORCE. AND PRIVATE STRUCTURES. apply to major disasters declared under that Act ‘‘(a) IN GENERAL.—The President shall estab- ‘‘(a) IN GENERAL.—As a condition of receipt of on or after the date of the enactment of this Act. lish a Federal interagency task force for the a disaster loan or grant under this Act— (2) INTERIM AUTHORITY.—Until the date on purpose of coordinating the implementation of ‘‘(1) the recipient shall carry out any repair or which the President establishes the management predisaster hazard mitigation programs adminis- construction to be financed with the loan or cost rates under section 324 of the Robert T. tered by the Federal Government. grant in accordance with applicable standards Stafford Disaster Relief and Emergency Assist- ‘‘(b) CHAIRPERSON.—The Director of the Fed- of safety, decency, and sanitation and in con- ance Act (as added by subsection (a)), section eral Emergency Management Agency shall serve formity with applicable codes, specifications, 406(f) of the Robert T. Stafford Disaster Relief as the chairperson of the task force. and standards; and and Emergency Assistance Act (42 U.S.C. ‘‘(c) MEMBERSHIP.—The membership of the ‘‘(2) the President may require safe land use 5172(f)) (as in effect on the day before the date task force shall include representatives of— and construction practices, after adequate con- of the enactment of this Act) shall be used to es- ‘‘(1) relevant Federal agencies; sultation with appropriate State and local gov- tablish management cost rates. ‘‘(2) State and local government organizations ernment officials. SEC. 203. PUBLIC NOTICE, COMMENT, AND CON- (including Indian tribes); and ‘‘(b) EVIDENCE OF COMPLIANCE.—A recipient SULTATION REQUIREMENTS. ‘‘(3) the American Red Cross.’’. of a disaster loan or grant under this Act shall Title III of the Robert T. Stafford Disaster Re- SEC. 104. MITIGATION PLANNING; MINIMUM provide such evidence of compliance with this lief and Emergency Assistance Act (42 U.S.C. STANDARDS FOR PUBLIC AND PRI- section as the President may require by regula- 5141 et seq.) (as amended by section 202(a)) is VATE STRUCTURES. tion.’’. amended by adding at the end the following: (a) IN GENERAL.—Title III of the Robert T. (b) LOSSES FROM STRAIGHT LINE WINDS.—The ‘‘SEC. 325. PUBLIC NOTICE, COMMENT, AND CON- Stafford Disaster Relief and Emergency Assist- President shall increase the maximum percent- SULTATION REQUIREMENTS. ance Act (42 U.S.C. 5141 et seq.) is amended by age specified in the last sentence of section ‘‘(a) PUBLIC NOTICE AND COMMENT CON- adding at the end the following: 404(a) of the Robert T. Stafford Disaster Relief CERNING NEW OR MODIFIED POLICIES.— ‘‘SEC. 322. MITIGATION PLANNING. and Emergency Assistance Act (42 U.S.C. ‘‘(1) IN GENERAL.—The President shall provide ‘‘(a) REQUIREMENT OF MITIGATION PLAN.—As 5170c(a)) from 15 percent to 20 percent with re- for public notice and opportunity for comment a condition of receipt of an increased Federal spect to any major disaster that is in the State before adopting any new or modified policy share for hazard mitigation measures under sub- of Minnesota and for which assistance is being that— section (e), a State, local, or tribal government provided as of the date of the enactment of this ‘‘(A) governs implementation of the public as- shall develop and submit for approval to the Act, except that additional assistance provided sistance program administered by the Federal President a mitigation plan that outlines proc- under this subsection shall not exceed $6,000,000. Emergency Management Agency under this Act; esses for identifying the natural hazards, risks, The mitigation measures assisted under this sub- and and vulnerabilities of the area under the juris- section shall be related to losses in the State of ‘‘(B) could result in a significant reduction of diction of the government. Minnesota from straight line winds. assistance under the program. ‘‘(b) LOCAL AND TRIBAL PLANS.—Each mitiga- (c) CONFORMING AMENDMENTS.— ‘‘(2) APPLICATION.—Any policy adopted under tion plan developed by a local or tribal govern- (1) Section 404(a) of the Robert T. Stafford paragraph (1) shall apply only to a major dis- ment shall— Disaster Relief and Emergency Assistance Act aster or emergency declared on or after the date ‘‘(1) describe actions to mitigate hazards, (42 U.S.C. 5170c(a)) is amended— on which the policy is adopted. risks, and vulnerabilities identified under the (A) in the second sentence, by striking ‘‘sec- ‘‘(b) CONSULTATION CONCERNING INTERIM plan; and tion 409’’ and inserting ‘‘section 322’’; and POLICIES.—

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‘‘(1) IN GENERAL.—Before adopting any in- ‘‘(A) the costs of mobilizing and employing the government may elect to receive, in lieu of a terim policy under the public assistance program National Guard for performance of eligible contribution under subsection (a)(1)(A), a con- to address specific conditions that relate to a work; tribution in an amount equal to 75 percent of major disaster or emergency that has been de- ‘‘(B) the costs of using prison labor to perform the Federal share of the Federal estimate of the clared under this Act, the President, to the max- eligible work, including wages actually paid, cost of repairing, restoring, reconstructing, or imum extent practicable, shall solicit the views transportation to a worksite, and extraordinary replacing the facility and of management ex- and recommendations of grantees and sub- costs of guards, food, and lodging; and penses. grantees with respect to the major disaster or ‘‘(C) base and overtime wages for the employ- ‘‘(B) AREAS WITH UNSTABLE SOIL.—In any emergency concerning the potential interim pol- ees and extra hires of a State, local government, case in which a State or local government deter- icy, if the interim policy is likely— or person described in paragraph (1) that per- mines that the public welfare would not best be ‘‘(A) to result in a significant reduction of as- form eligible work, plus fringe benefits on such served by repairing, restoring, reconstructing, or sistance to applicants for the assistance with re- wages to the extent that such benefits were replacing any public facility owned or con- spect to the major disaster or emergency; or being paid before the major disaster. trolled by the State or local government because ‘‘(B) to change the terms of a written agree- ‘‘(3) CONDITIONS FOR ASSISTANCE TO PRIVATE soil instability in the disaster area makes repair, ment to which the Federal Government is a NONPROFIT FACILITIES.— restoration, reconstruction, or replacement in- party concerning the declaration of the major ‘‘(A) IN GENERAL.—The President may make feasible, the State or local government may elect disaster or emergency. contributions to a private nonprofit facility to receive, in lieu of a contribution under sub- ‘‘(2) NO LEGAL RIGHT OF ACTION.—Nothing in under paragraph (1)(B) only if— section (a)(1)(A), a contribution in an amount this subsection confers a legal right of action on ‘‘(i) the facility provides critical services (as equal to 90 percent of the Federal share of the any party. defined by the President) in the event of a major Federal estimate of the cost of repairing, restor- ‘‘(c) PUBLIC ACCESS.—The President shall pro- disaster; or ing, reconstructing, or replacing the facility and mote public access to policies governing the im- ‘‘(ii) the owner or operator of the facility— of management expenses. plementation of the public assistance program.’’. ‘‘(I) has applied for a disaster loan under sec- ‘‘(C) USE OF FUNDS.—Funds contributed to a SEC. 204. STATE ADMINISTRATION OF HAZARD tion 7(b) of the Small Business Act (15 U.S.C. State or local government under this paragraph MITIGATION GRANT PROGRAM. 636(b)); and may be used— Section 404 of the Robert T. Stafford Disaster ‘‘(II)(aa) has been determined to be ineligible ‘‘(i) to repair, restore, or expand other selected Relief and Emergency Assistance Act (42 U.S.C. for such a loan; or public facilities; 5170c) is amended by adding at the end the fol- ‘‘(bb) has obtained such a loan in the max- ‘‘(ii) to construct new facilities; or lowing: imum amount for which the Small Business Ad- ‘‘(iii) to fund hazard mitigation measures that ‘‘(c) PROGRAM ADMINISTRATION BY STATES.— ministration determines the facility is eligible. the State or local government determines to be ‘‘(1) IN GENERAL.—A State desiring to admin- ‘‘(B) DEFINITION OF CRITICAL SERVICES.—In necessary to meet a need for governmental serv- ister the hazard mitigation grant program estab- this paragraph, the term ‘critical services’ in- ices and functions in the area affected by the lished by this section with respect to hazard cludes power, water (including water provided major disaster. mitigation assistance in the State may submit to by an irrigation organization or facility), sewer, ‘‘(D) LIMITATIONS.—Funds made available to the President an application for the delegation wastewater treatment, communications, and a State or local government under this para- of the authority to administer the program. emergency medical care. graph may not be used for— ‘‘(2) CRITERIA.—The President, in consulta- ‘‘(4) NOTIFICATION TO CONGRESS.—Before mak- ‘‘(i) any public facility located in a regulatory tion and coordination with States and local gov- ing any contribution under this section in an floodway (as defined in section 59.1 of title 44, ernments, shall establish criteria for the ap- amount greater than $20,000,000, the President Code of Federal Regulations (or a successor reg- proval of applications submitted under para- shall notify— ulation)); or graph (1). The criteria shall include, at a ‘‘(A) the Committee on Environment and Pub- ‘‘(ii) any uninsured public facility located in minimum— lic Works of the Senate; a special flood hazard area identified by the Di- ‘‘(A) the demonstrated ability of the State to ‘‘(B) the Committee on Transportation and In- rector of the Federal Emergency Management manage the grant program under this section; frastructure of the House of Representatives; Agency under the National Flood Insurance Act ‘‘(B) there being in effect an approved mitiga- ‘‘(C) the Committee on Appropriations of the of 1968 (42 U.S.C. 4001 et seq.). tion plan under section 322; and Senate; and ‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.— ‘‘(C) a demonstrated commitment to mitigation ‘‘(D) the Committee on Appropriations of the ‘‘(A) IN GENERAL.—In any case in which a activities. House of Representatives.’’. person that owns or operates a private nonprofit ‘‘(3) APPROVAL.—The President shall approve (b) FEDERAL SHARE.—Section 406 of the Rob- facility determines that the public welfare an application submitted under paragraph (1) ert T. Stafford Disaster Relief and Emergency would not best be served by repairing, restoring, that meets the criteria established under para- Assistance Act (42 U.S.C. 5172) is amended by reconstructing, or replacing the facility, the per- graph (2). striking subsection (b) and inserting the fol- son may elect to receive, in lieu of a contribu- ‘‘(4) WITHDRAWAL OF APPROVAL.—If, after ap- tion under subsection (a)(1)(B), a contribution proving an application of a State submitted lowing: ‘‘(b) FEDERAL SHARE.— in an amount equal to 75 percent of the Federal under paragraph (1), the President determines ‘‘(1) MINIMUM FEDERAL SHARE.—Except as share of the Federal estimate of the cost of re- that the State is not administering the hazard provided in paragraph (2), the Federal share of pairing, restoring, reconstructing, or replacing mitigation grant program established by this assistance under this section shall be not less the facility and of management expenses. section in a manner satisfactory to the Presi- than 75 percent of the eligible cost of repair, res- ‘‘(B) USE OF FUNDS.—Funds contributed to a dent, the President shall withdraw the ap- toration, reconstruction, or replacement carried person under this paragraph may be used— proval. out under this section. ‘‘(i) to repair, restore, or expand other selected ‘‘(5) AUDITS.—The President shall provide for private nonprofit facilities owned or operated by periodic audits of the hazard mitigation grant ‘‘(2) REDUCED FEDERAL SHARE.—The President shall promulgate regulations to reduce the Fed- the person; programs administered by States under this sub- ‘‘(ii) to construct new private nonprofit facili- eral share of assistance under this section to not section.’’. ties to be owned or operated by the person; or less than 25 percent in the case of the repair, SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RE- ‘‘(iii) to fund hazard mitigation measures that restoration, reconstruction, or replacement of CONSTRUCT, OR REPLACE DAMAGED the person determines to be necessary to meet a any eligible public facility or private nonprofit FACILITIES. need for the person’s services and functions in facility following an event associated with a (a) CONTRIBUTIONS.—Section 406 of the Robert the area affected by the major disaster. T. Stafford Disaster Relief and Emergency As- major disaster— ‘‘(C) LIMITATIONS.—Funds made available to sistance Act (42 U.S.C. 5172) is amended by ‘‘(A) that has been damaged, on more than a person under this paragraph may not be used striking subsection (a) and inserting the fol- one occasion within the preceding 10-year pe- for— lowing: riod, by the same type of event; and ‘‘(i) any private nonprofit facility located in a ‘‘(a) CONTRIBUTIONS.— ‘‘(B) the owner of which has failed to imple- regulatory floodway (as defined in section 59.1 ‘‘(1) IN GENERAL.—The President may make ment appropriate mitigation measures to address of title 44, Code of Federal Regulations (or a contributions— the hazard that caused the damage to the facil- successor regulation)); or ‘‘(A) to a State or local government for the re- ity.’’. ‘‘(ii) any uninsured private nonprofit facility pair, restoration, reconstruction, or replacement (c) LARGE IN-LIEU CONTRIBUTIONS.—Section located in a special flood hazard area identified of a public facility damaged or destroyed by a 406 of the Robert T. Stafford Disaster Relief and by the Director of the Federal Emergency Man- major disaster and for associated expenses in- Emergency Assistance Act (42 U.S.C. 5172) is agement Agency under the National Flood In- curred by the government; and amended by striking subsection (c) and inserting surance Act of 1968 (42 U.S.C. 4001 et seq.).’’. ‘‘(B) subject to paragraph (3), to a person that the following: (d) ELIGIBLE COST.— owns or operates a private nonprofit facility ‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.— (1) IN GENERAL.—Section 406 of the Robert T. damaged or destroyed by a major disaster for ‘‘(1) FOR PUBLIC FACILITIES.— Stafford Disaster Relief and Emergency Assist- the repair, restoration, reconstruction, or re- ‘‘(A) IN GENERAL.—In any case in which a ance Act (42 U.S.C. 5172) is amended by striking placement of the facility and for associated ex- State or local government determines that the subsection (e) and inserting the following: penses incurred by the person. public welfare would not best be served by re- ‘‘(e) ELIGIBLE COST.— ‘‘(2) ASSOCIATED EXPENSES.—For the purposes pairing, restoring, reconstructing, or replacing ‘‘(1) DETERMINATION.— of this section, associated expenses shall any public facility owned or controlled by the ‘‘(A) IN GENERAL.—For the purposes of this include— State or local government, the State or local section, the President shall estimate the eligible

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cost of repairing, restoring, reconstructing, or thereafter, the President shall review the cost ‘‘(c) TYPES OF HOUSING ASSISTANCE.— replacing a public facility or private nonprofit estimation procedures and the ceiling and floor ‘‘(1) TEMPORARY HOUSING.— facility— percentages established under this paragraph. ‘‘(A) FINANCIAL ASSISTANCE.— ‘‘(i) on the basis of the design of the facility ‘‘(E) REPORT TO CONGRESS.—Not later than 1 ‘‘(i) IN GENERAL.—The President may provide as the facility existed immediately before the year after the date of promulgation of regula- financial assistance to individuals or house- major disaster; and tions under subparagraph (C), 3 years after that holds to rent alternate housing accommodations, ‘‘(ii) in conformity with codes, specifications, date, and at the end of each 2-year period there- existing rental units, manufactured housing, and standards (including floodplain manage- after, the expert panel shall submit to Congress recreational vehicles, or other readily fabricated ment and hazard mitigation criteria required by a report on the appropriateness of the cost esti- dwellings. the President or under the Coastal Barrier Re- mation procedures. ‘‘(ii) AMOUNT.—The amount of assistance sources Act (16 U.S.C. 3501 et seq.)) applicable at ‘‘(4) SPECIAL RULE.—In any case in which the under clause (i) shall be based on the fair mar- the time at which the disaster occurred. facility being repaired, restored, reconstructed, ket rent for the accommodation provided plus ‘‘(B) COST ESTIMATION PROCEDURES.— or replaced under this section was under con- the cost of any transportation, utility hookups, ‘‘(i) IN GENERAL.—Subject to paragraph (2), struction on the date of the major disaster, the or unit installation not provided directly by the the President shall use the cost estimation pro- cost of repairing, restoring, reconstructing, or President. cedures established under paragraph (3) to de- replacing the facility shall include, for the pur- ‘‘(B) DIRECT ASSISTANCE.— termine the eligible cost under this subsection. poses of this section, only those costs that, ‘‘(i) IN GENERAL.—The President may provide ‘‘(ii) APPLICABILITY.—The procedures speci- under the contract for the construction, are the temporary housing units, acquired by purchase fied in this paragraph and paragraph (2) shall owner’s responsibility and not the contractor’s or lease, directly to individuals or households apply only to projects the eligible cost of which responsibility.’’. who, because of a lack of available housing re- is equal to or greater than the amount specified (2) EFFECTIVE DATE.—The amendment made sources, would be unable to make use of the as- in section 422. by paragraph (1) takes effect on the date of the sistance provided under subparagraph (A). ‘‘(2) MODIFICATION OF ELIGIBLE COST.— enactment of this Act and applies to funds ap- ‘‘(ii) PERIOD OF ASSISTANCE.—The President ‘‘(A) ACTUAL COST GREATER THAN CEILING PER- propriated after the date of the enactment of may not provide direct assistance under clause CENTAGE OF ESTIMATED COST.—In any case in this Act, except that paragraph (1) of section (i) with respect to a major disaster after the end which the actual cost of repairing, restoring, re- 406(e) of the Robert T. Stafford Disaster Relief of the 18-month period beginning on the date of constructing, or replacing a facility under this and Emergency Assistance Act (as amended by the declaration of the major disaster by the section is greater than the ceiling percentage es- paragraph (1)) takes effect on the date on which President, except that the President may extend tablished under paragraph (3) of the cost esti- the cost estimation procedures established under that period if the President determines that due mated under paragraph (1), the President may paragraph (3) of that section take effect. to extraordinary circumstances an extension determine that the eligible cost includes a por- (e) CONFORMING AMENDMENT.—Section 406 of would be in the public interest. tion of the actual cost of the repair, restoration, the Robert T. Stafford Disaster Relief and Emer- ‘‘(iii) COLLECTION OF RENTAL CHARGES.—After reconstruction, or replacement that exceeds the gency Assistance Act (42 U.S.C. 5172) is amend- the end of the 18-month period referred to in cost estimated under paragraph (1). ed by striking subsection (f). clause (ii), the President may charge fair market ‘‘(B) ACTUAL COST LESS THAN ESTIMATED rent for each temporary housing unit provided. SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS COST.— AND HOUSEHOLDS. ‘‘(2) REPAIRS.— ‘‘(i) GREATER THAN OR EQUAL TO FLOOR PER- ‘‘(A) IN GENERAL.—The President may provide (a) IN GENERAL.—Section 408 of the Robert T. CENTAGE OF ESTIMATED COST.—In any case in financial assistance for— Stafford Disaster Relief and Emergency Assist- which the actual cost of repairing, restoring, re- ‘‘(i) the repair of owner-occupied private resi- ance Act (42 U.S.C. 5174) is amended to read as constructing, or replacing a facility under this dences, utilities, and residential infrastructure follows: section is less than 100 percent of the cost esti- (such as a private access route) damaged by a mated under paragraph (1), but is greater than ‘‘SEC. 408. FEDERAL ASSISTANCE TO INDIVID- major disaster to a safe and sanitary living or UALS AND HOUSEHOLDS. or equal to the floor percentage established functioning condition; and under paragraph (3) of the cost estimated under ‘‘(a) IN GENERAL.— ‘‘(ii) eligible hazard mitigation measures that paragraph (1), the State or local government or ‘‘(1) PROVISION OF ASSISTANCE.—In accord- reduce the likelihood of future damage to such person receiving funds under this section shall ance with this section, the President, in con- residences, utilities, or infrastructure. use the excess funds to carry out cost-effective sultation with the Governor of a State, may pro- ‘‘(B) RELATIONSHIP TO OTHER ASSISTANCE.—A activities that reduce the risk of future damage, vide financial assistance, and, if necessary, di- recipient of assistance provided under this para- hardship, or suffering from a major disaster. rect services, to individuals and households in graph shall not be required to show that the as- ‘‘(ii) LESS THAN FLOOR PERCENTAGE OF ESTI- the State who, as a direct result of a major dis- sistance can be met through other means, except MATED COST.—In any case in which the actual aster, have necessary expenses and serious insurance proceeds. cost of repairing, restoring, reconstructing, or needs in cases in which the individuals and ‘‘(C) MAXIMUM AMOUNT OF ASSISTANCE.—The replacing a facility under this section is less households are unable to meet such expenses or amount of assistance provided to a household than the floor percentage established under needs through other means. under this paragraph shall not exceed $5,000, as paragraph (3) of the cost estimated under para- ‘‘(2) RELATIONSHIP TO OTHER ASSISTANCE.— adjusted annually to reflect changes in the Con- graph (1), the State or local government or per- Under paragraph (1), an individual or house- sumer Price Index for All Urban Consumers son receiving assistance under this section shall hold shall not be denied assistance under para- published by the Department of Labor. reimburse the President in the amount of the graph (1), (3), or (4) of subsection (c) solely on ‘‘(3) REPLACEMENT.— difference. the basis that the individual or household has ‘‘(A) IN GENERAL.—The President may provide ‘‘(C) NO EFFECT ON APPEALS PROCESS.—Noth- not applied for or received any loan or other fi- financial assistance for the replacement of ing in this paragraph affects any right of ap- nancial assistance from the Small Business Ad- owner-occupied private residences damaged by a peal under section 423. ministration or any other Federal agency. major disaster. ‘‘(3) EXPERT PANEL.— ‘‘(b) HOUSING ASSISTANCE.— ‘‘(B) MAXIMUM AMOUNT OF ASSISTANCE.—The ‘‘(A) ESTABLISHMENT.—Not later than 18 ‘‘(1) ELIGIBILITY.—The President may provide amount of assistance provided to a household months after the date of the enactment of this financial or other assistance under this section under this paragraph shall not exceed $10,000, paragraph, the President, acting through the to individuals and households to respond to the as adjusted annually to reflect changes in the Director of the Federal Emergency Management disaster-related housing needs of individuals Consumer Price Index for All Urban Consumers Agency, shall establish an expert panel, which and households who are displaced from their published by the Department of Labor. shall include representatives from the construc- predisaster primary residences or whose ‘‘(C) APPLICABILITY OF FLOOD INSURANCE RE- tion industry and State and local government. predisaster primary residences are rendered un- QUIREMENT.—With respect to assistance pro- ‘‘(B) DUTIES.—The expert panel shall develop inhabitable as a result of damage caused by a vided under this paragraph, the President may recommendations concerning— major disaster. not waive any provision of Federal law requir- ‘‘(i) procedures for estimating the cost of re- ‘‘(2) DETERMINATION OF APPROPRIATE TYPES ing the purchase of flood insurance as a condi- pairing, restoring, reconstructing, or replacing a OF ASSISTANCE.— tion of the receipt of Federal disaster assistance. facility consistent with industry practices; and ‘‘(A) IN GENERAL.—The President shall deter- ‘‘(4) PERMANENT HOUSING CONSTRUCTION.— ‘‘(ii) the ceiling and floor percentages referred mine appropriate types of housing assistance to The President may provide financial assistance to in paragraph (2). be provided under this section to individuals or direct assistance to individuals or households ‘‘(C) REGULATIONS.—Taking into account the and households described in subsection (a)(1) to construct permanent housing in insular areas recommendations of the expert panel under sub- based on considerations of cost effectiveness, outside the continental United States and in paragraph (B), the President shall promulgate convenience to the individuals and households, other remote locations in cases in which— regulations that establish— and such other factors as the President may ‘‘(A) no alternative housing resources are ‘‘(i) cost estimation procedures described in consider appropriate. available; and subparagraph (B)(i); and ‘‘(B) MULTIPLE TYPES OF ASSISTANCE.—One or ‘‘(B) the types of temporary housing assist- ‘‘(ii) the ceiling and floor percentages referred more types of housing assistance may be made ance described in paragraph (1) are unavailable, to in paragraph (2). available under this section, based on the suit- infeasible, or not cost-effective. ‘‘(D) REVIEW BY PRESIDENT.—Not later than 2 ability and availability of the types of assist- ‘‘(d) TERMS AND CONDITIONS RELATING TO years after the date of promulgation of regula- ance, to meet the needs of individuals and HOUSING ASSISTANCE.— tions under subparagraph (C) and periodically households in the particular disaster situation. ‘‘(1) SITES.—

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‘‘(A) IN GENERAL.—Any readily fabricated ‘‘(2) ACCESS TO RECORDS.—In providing assist- to Congress a report describing the results of the dwelling provided under this section shall, ance to individuals and households under this State Management of Small Disasters Initiative, whenever practicable, be located on a site that— section, the President shall provide for the sub- including— ‘‘(i) is complete with utilities; and stantial and ongoing involvement of the States (1) identification of any administrative or fi- ‘‘(ii) is provided by the State or local govern- in which the individuals and households are lo- nancial benefits of the initiative; and ment, by the owner of the site, or by the occu- cated, including by providing to the States ac- (2) recommendations concerning the condi- pant who was displaced by the major disaster. cess to the electronic records of individuals and tions, if any, under which States should be al- ‘‘(B) SITES PROVIDED BY THE PRESIDENT.—A households receiving assistance under this sec- lowed the option to administer parts of the as- readily fabricated dwelling may be located on a tion in order for the States to make available sistance program under section 406 of the Robert site provided by the President if the President any additional State and local assistance to the T. Stafford Disaster Relief and Emergency As- determines that such a site would be more eco- individuals and households. sistance Act (42 U.S.C. 5172). nomical or accessible. ‘‘(g) COST SHARING.— SEC. 209. STUDY REGARDING COST REDUCTION. ‘‘(2) DISPOSAL OF UNITS.— ‘‘(1) FEDERAL SHARE.—Except as provided in Not later than 3 years after the date of the en- ‘‘(A) SALE TO OCCUPANTS.— paragraph (2), the Federal share of the costs eli- ‘‘(i) IN GENERAL.—Notwithstanding any other actment of this Act, the Director of the Congres- gible to be paid using assistance provided under provision of law, a temporary housing unit pur- sional Budget Office shall complete a study esti- this section shall be 100 percent. chased under this section by the President for mating the reduction in Federal disaster assist- ‘‘(2) FINANCIAL ASSISTANCE TO ADDRESS OTHER the purpose of housing disaster victims may be ance that has resulted and is likely to result NEEDS.—In the case of financial assistance pro- sold directly to the individual or household who from the enactment of this Act. vided under subsection (e)— is occupying the unit if the individual or house- ‘‘(A) the Federal share shall be 75 percent; TITLE III—MISCELLANEOUS hold lacks permanent housing. and SEC. 301. TECHNICAL CORRECTION OF SHORT ‘‘(ii) SALE PRICE.—A sale of a temporary hous- ‘‘(B) the non-Federal share shall be paid from TITLE. ing unit under clause (i) shall be at a price that funds made available by the State. The first section of the Robert T. Stafford Dis- is fair and equitable. AXIMUM MOUNT OF SSISTANCE ‘‘(iii) DEPOSIT OF PROCEEDS.—Notwith- ‘‘(h) M A A .— aster Relief and Emergency Assistance Act (42 standing any other provision of law, the pro- ‘‘(1) IN GENERAL.—No individual or household U.S.C. 5121 note) is amended to read as follows: ceeds of a sale under clause (i) shall be depos- shall receive financial assistance greater than ‘‘SECTION 1. SHORT TITLE. ited in the appropriate Disaster Relief Fund ac- $25,000 under this section with respect to a sin- ‘‘This Act may be cited as the ‘Robert T. Staf- count. gle major disaster. ford Disaster Relief and Emergency Assistance ‘‘(iv) HAZARD AND FLOOD INSURANCE.—A sale ‘‘(2) ADJUSTMENT OF LIMIT.—The limit estab- Act’.’’. lished under paragraph (1) shall be adjusted an- of a temporary housing unit under clause (i) SEC. 302. DEFINITIONS. shall be made on the condition that the indi- nually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Section 102 of the Robert T. Stafford Disaster vidual or household purchasing the housing Relief and Emergency Assistance Act (42 U.S.C. unit agrees to obtain and maintain hazard and Department of Labor. ‘‘(i) RULES AND REGULATIONS.—The President 5122) is amended— flood insurance on the housing unit. (1) in each of paragraphs (3) and (4), by strik- ‘‘(v) USE OF GSA SERVICES.—The President shall prescribe rules and regulations to carry out this section, including criteria, standards, ing ‘‘the Northern’’ and all that follows through may use the services of the General Services Ad- ‘‘Pacific Islands’’ and inserting ‘‘and the Com- ministration to accomplish a sale under clause and procedures for determining eligibility for as- sistance.’’. monwealth of the Northern Mariana Islands’’; (i). (2) by striking paragraph (6) and inserting the ‘‘(B) OTHER METHODS OF DISPOSAL.—If not (b) CONFORMING AMENDMENT.—Section following: disposed of under subparagraph (A), a tem- 502(a)(6) of the Robert T. Stafford Disaster Re- ‘‘(6) LOCAL GOVERNMENT.—The term ‘local porary housing unit purchased under this sec- lief and Emergency Assistance Act (42 U.S.C. government’ means— tion by the President for the purpose of housing 5192(a)(6)) is amended by striking ‘‘temporary ‘‘(A) a county, municipality, city, town, town- disaster victims— housing’’. ‘‘(i) may be sold to any person; or (c) ELIMINATION OF INDIVIDUAL AND FAMILY ship, local public authority, school district, spe- ‘‘(ii) may be sold, transferred, donated, or oth- GRANT PROGRAMS.—Section 411 of the Robert T. cial district, intrastate district, council of gov- erwise made available directly to a State or Stafford Disaster Relief and Emergency Assist- ernments (regardless of whether the council of other governmental entity or to a voluntary or- ance Act (42 U.S.C. 5178) is repealed. governments is incorporated as a nonprofit cor- ganization for the sole purpose of providing tem- (d) EFFECTIVE DATE.—The amendments made poration under State law), regional or interstate porary housing to disaster victims in major dis- by this section take effect 18 months after the government entity, or agency or instrumentality asters and emergencies if, as a condition of the date of the enactment of this Act. of a local government; ‘‘(B) an Indian tribe or authorized tribal orga- sale, transfer, or donation, the State, other gov- SEC. 207. COMMUNITY DISASTER LOANS. nization, or Alaska Native village or organiza- ernmental agency, or voluntary organization Section 417 of the Robert T. Stafford Disaster tion; and agrees— Relief and Emergency Assistance Act (42 U.S.C. ‘‘(C) a rural community, unincorporated town ‘‘(I) to comply with the nondiscrimination 5184) is amended— or village, or other public entity, for which an provisions of section 308; and (1) by striking ‘‘(a) The President’’ and insert- application for assistance is made by a State or ‘‘(II) to obtain and maintain hazard and flood ing the following: political subdivision of a State.’’; and insurance on the housing unit. ‘‘(a) IN GENERAL.—The President’’; (3) in paragraph (9), by inserting ‘‘irrigation,’’ ‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS (2) by striking ‘‘The amount’’ and inserting after ‘‘utility,’’. OTHER NEEDS.— the following: ‘‘(1) MEDICAL, DENTAL, AND FUNERAL EX- ‘‘(b) AMOUNT.—The amount’’; SEC. 303. FIRE MANAGEMENT ASSISTANCE. PENSES.—The President, in consultation with (3) by striking ‘‘Repayment’’ and inserting the (a) IN GENERAL.—Section 420 of the Robert T. the Governor of a State, may provide financial following: Stafford Disaster Relief and Emergency Assist- assistance under this section to an individual or ‘‘(c) REPAYMENT.— ance Act (42 U.S.C. 5187) is amended to read as household in the State who is adversely affected ‘‘(1) CANCELLATION.—Repayment’’; follows: by a major disaster to meet disaster-related med- (4) by striking ‘‘(b) Any loans’’ and inserting ‘‘SEC. 420. FIRE MANAGEMENT ASSISTANCE. ical, dental, and funeral expenses. the following: ‘‘(2) PERSONAL PROPERTY, TRANSPORTATION, ‘‘(a) IN GENERAL.—The President is author- ‘‘(d) EFFECT ON OTHER ASSISTANCE.—Any AND OTHER EXPENSES.—The President, in con- ized to provide assistance, including grants, sultation with the Governor of a State, may pro- loans’’; equipment, supplies, and personnel, to any vide financial assistance under this section to (5) in subsection (b) (as designated by para- State or local government for the mitigation, an individual or household described in para- graph (2))— management, and control of any fire on public graph (1) to address personal property, trans- (A) by striking ‘‘and shall’’ and inserting or private forest land or grassland that threat- portation, and other necessary expenses or seri- ‘‘shall’’; and ens such destruction as would constitute a ous needs resulting from the major disaster. (B) by inserting before the period at the end major disaster. ‘‘(f) STATE ROLE.— the following: ‘‘, and shall not exceed ‘‘(b) COORDINATION WITH STATE AND TRIBAL ‘‘(1) FINANCIAL ASSISTANCE TO ADDRESS OTHER $5,000,000’’; and DEPARTMENTS OF FORESTRY.—In providing as- NEEDS.— (6) in subsection (c) (as designated by para- sistance under this section, the President shall ‘‘(A) GRANT TO STATE.—Subject to subsection graph (3)), by adding at the end the following: coordinate with State and tribal departments of (g), a Governor may request a grant from the ‘‘(2) CONDITION ON CONTINUING ELIGIBILITY.— forestry. President to provide financial assistance to indi- A local government shall not be eligible for fur- ‘‘(c) ESSENTIAL ASSISTANCE.—In providing as- viduals and households in the State under sub- ther assistance under this section during any sistance under this section, the President may section (e). period in which the local government is in ar- use the authority provided under section 403. ‘‘(B) ADMINISTRATIVE COSTS.—A State that re- rears with respect to a required repayment of a ‘‘(d) RULES AND REGULATIONS.—The President ceives a grant under subparagraph (A) may ex- loan under this section.’’. shall prescribe such rules and regulations as are pend not more than 5 percent of the amount of SEC. 208. REPORT ON STATE MANAGEMENT OF necessary to carry out this section.’’. the grant for the administrative costs of pro- SMALL DISASTERS INITIATIVE. (b) EFFECTIVE DATE.—The amendment made viding financial assistance to individuals and Not later than 3 years after the date of the en- by subsection (a) takes effect 1 year after the households in the State under subsection (e). actment of this Act, the President shall submit date of the enactment of this Act.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.060 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10017 SEC. 304. PRESIDENT’S COUNCIL ON DOMESTIC governmental entities implementing terrorist at- section 1105(a) of title 31, United States Code, TERRORISM PREPAREDNESS. tack preparedness programs. an annual strategy for carrying out the Domes- Title VI of the Robert T. Stafford Disaster Re- ‘‘(9) Coordinate and oversee the implementa- tic Terrorism Preparedness Plan in the fiscal lief and Emergency Assistance Act (42 U.S.C. tion by Federal departments and agencies of the year following the fiscal year in which the 5195 et seq.) is amended by adding at the end policies, objectives, and priorities established strategy is submitted. the following: under paragraph (1) and the fulfillment of the ‘‘(2) CONTENTS.—The annual strategy for a ‘‘Subtitle C—President’s Council on Domestic responsibilities of such departments and agen- fiscal year shall include the following: Terrorism Preparedness cies under the Domestic Terrorism Preparedness ‘‘(A) An inventory of Federal training and ex- ercise programs, response teams, grant pro- ‘‘SEC. 651. ESTABLISHMENT OF COUNCIL. Plan. grams, and other programs and activities related ‘‘(a) IN GENERAL.—There is established a ‘‘(10) Make recommendations to the heads of to domestic preparedness against a terrorist at- council to be known as the President’s Council appropriate Federal departments and agencies tack conducted in the preceding fiscal year and on Domestic Terrorism Preparedness (in this regarding— a determination as to whether any of such pro- subtitle referred to as the ‘Council’). ‘‘(A) changes in the organization, manage- grams or activities may be duplicative. The in- ‘‘(b) MEMBERSHIP.—The Council shall be com- ment, and resource allocations of the depart- posed of the following members: ments and agencies; and ventory shall consist of a complete description of ‘‘(1) The President. ‘‘(B) the allocation of personnel to and within each such program and activity, including the ‘‘(2) The Director of the Federal Emergency the departments and agencies, funding level and purpose of and goal to be Management Agency. to implement the Domestic Terrorism Prepared- achieved by the program or activity. ‘‘(3) The Attorney General. ness Plan. ‘‘(B) If the Council determines under subpara- ‘‘(4) The Secretary of Defense. ‘‘(11) Assess all Federal terrorism prepared- graph (A) that certain programs and activities ‘‘(5) The Director of the Office of Management ness programs and ensure that each program are duplicative, a detailed plan for consoli- and Budget. complies with the Domestic Terrorism Prepared- dating, eliminating, or modifying the programs ‘‘(6) The Assistant to the President for Na- ness Plan. and activities. tional Security Affairs. ‘‘(12) Identify duplication, fragmentation, and ‘‘(C) An inventory of Federal training and ex- ‘‘(7) Any additional members appointed by the overlap within Federal terrorism preparedness ercise programs, grant programs, response President. programs and eliminate such duplication, frag- teams, and other programs and activities to be ‘‘(c) CHAIRMAN.— mentation and overlap. conducted in such fiscal year under the Domes- ‘‘(1) IN GENERAL.—The President shall serve ‘‘(13) Evaluate Federal emergency response tic Terrorism Preparedness Plan and measurable as the chairman of the Council. assets and make recommendations regarding the objectives to be achieved in such fiscal year for ‘‘(2) EXECUTIVE CHAIRMAN.—The President organization, need, and geographic location of enhancing domestic preparedness against a ter- may appoint an Executive Chairman of the such assets. rorist attack. The inventory shall provide for Council (in this subtitle referred to as the ‘Exec- ‘‘(14) Establish general policies regarding fi- implementation of any plan developed under utive Chairman’). The Executive Chairman nancial assistance to States based on potential subparagraph (B), relating to duplicative pro- shall represent the President as chairman of the risk and threat, response capabilities, and abil- grams and activities. Council, including in communications with Con- ity to achieve the end state of preparedness for ‘‘(D) A complete assessment of how resource gress and State Governors. emergency responders established under section allocation recommendations developed under ‘‘(3) SENATE CONFIRMATION.—An individual 653(b)(1)(D). section 654(a) are intended to implement the an- selected to be the Executive Chairman under ‘‘(15) Notify a Federal department or agency nual strategy. paragraph (2) shall be appointed by and with in writing if the Council finds that its policies ‘‘(d) CONSULTATION.— the advice and consent of the Senate, except are not in compliance with its responsibilities ‘‘(1) IN GENERAL.—In developing the Domestic that Senate confirmation shall not be required under the Domestic Terrorism Preparedness Terrorism Preparedness Plan and each annual if, on the date of appointment, the individual Plan. strategy for carrying out the plan, the Council holds a position for which Senate confirmation ‘‘SEC. 653. DOMESTIC TERRORISM PREPARED- shall consult with— was required. NESS PLAN AND ANNUAL STRATEGY. ‘‘(A) the head of each Federal department and ‘‘(d) FIRST MEETING.—The first meeting of the ‘‘(a) DEVELOPMENT OF PLAN.—Not later than agency that will have responsibilities under the Council shall be held not later than 90 days 180 days after the date of the first meeting of the Domestic Terrorism Preparedness Plan or an- after the date of the enactment of this Act. Council, the Council shall develop a Domestic nual strategy; ‘‘(B) Congress; Terrorism Preparedness Plan and transmit a ‘‘SEC. 652. DUTIES OF COUNCIL. ‘‘(C) State and local officials; ‘‘The Council shall carry out the following copy of the plan to Congress. ‘‘(D) congressionally authorized panels; and duties: ‘‘(b) CONTENTS.— ‘‘(E) emergency preparedness organizations ‘‘(1) Establish the policies, objectives, and pri- ‘‘(1) IN GENERAL.—The Domestic Terrorism with memberships that include State and local orities of the Federal Government for enhancing Preparedness Plan shall include the following: emergency responders. the capabilities of State and local emergency ‘‘(A) A statement of the policies, objectives, ‘‘(2) REPORTS.—As part of the Domestic Ter- preparedness and response personnel in early and priorities established by the Council under rorism Preparedness Plan and each annual detection and warning of and response to all do- section 652(1). strategy for carrying out the plan, the Council mestic terrorist attacks, including attacks in- ‘‘(B) A plan for implementing such policies, shall include a written statement indicating the volving weapons of mass destruction. objectives, and priorities that is based on a persons consulted under this subsection and the ‘‘(2) Publish a Domestic Terrorism Prepared- threat, risk, and capability assessment and in- recommendations made by such persons. ness Plan and an annual strategy for carrying cludes measurable objectives to be achieved in ‘‘(e) TRANSMISSION OF CLASSIFIED INFORMA- out the plan in accordance with section 653, in- each of the following 5 years for enhancing do- TION.—Any part of the Domestic Terrorism Pre- cluding the end state of preparedness for emer- mestic preparedness against a terrorist attack. paredness Plan or an annual strategy for car- gency responders established under section ‘‘(C) A description of the specific role of each rying out the plan that involves information 653(b)(1)(D). Federal department and agency, and the roles properly classified under criteria established by ‘‘(3) To the extent practicable, rely on existing of State and local governmental entities, under an Executive order shall be presented to Con- resources (including planning documents, equip- the plan developed under subparagraph (B). gress separately. ment lists, and program inventories) in the exe- ‘‘(D) A definition of an end state of prepared- ‘‘(f) RISK OF TERRORIST ATTACKS AGAINST cution of its duties. ness for emergency responders that sets forth TRANSPORTATION FACILITIES.— ‘‘(4) Consult with and utilize existing inter- measurable, minimum standards of acceptability ‘‘(1) IN GENERAL.—In developing the plan and agency boards and committees, existing govern- for preparedness. risk assessment under subsection (b), the Coun- mental entities, and non-governmental organi- ‘‘(2) EVALUATION OF FEDERAL RESPONSE cil shall designate an entity to assess the risk of zations in the execution of its duties. TEAMS.—In preparing the description under terrorist attacks against transportation facili- ‘‘(5) Ensure that a biennial review of the ter- paragraph (1)(C), the Council shall evaluate ties, personnel, and passengers. rorist attack preparedness programs of State each Federal response team and the assistance ‘‘(2) CONTENTS.—In developing the plan and and local governmental entities is conducted that the team offers to State and local emer- risk assessment under subsection (b), the Coun- and provide recommendations to the entities gency personnel when responding to a terrorist cil shall ensure that the following three tasks based on the reviews. attack. The evaluation shall include an assess- are accomplished: ‘‘(6) Provide for the creation of a State and ment of how the Federal response team will as- ‘‘(A) An examination of the extent to which local advisory group for the Council, to be com- sist State and local emergency personnel after transportation facilities, personnel, and pas- posed of individuals involved in State and local the personnel has achieved the end state of pre- sengers have been the target of terrorist attacks emergency preparedness and response to ter- paredness for emergency responders established and the extent to which such facilities, per- rorist attacks. under paragraph (1)(D). sonnel, and passengers are vulnerable to such ‘‘(7) Provide for the establishment by the ‘‘(c) ANNUAL STRATEGY.— attacks. Council’s State and local advisory group of vol- ‘‘(1) IN GENERAL.—The Council shall develop ‘‘(B) An evaluation of Federal laws that can untary guidelines for the terrorist attack pre- and transmit to Congress, on the date of trans- be used to combat terrorist attacks against paredness programs of State and local govern- mittal of the Domestic Terrorism Preparedness transportation facilities, personnel, and pas- mental entities in accordance with section 655. Plan and, in each of the succeeding 4 fiscal sengers, and the extent to which such laws are ‘‘(8) Designate a Federal entity to consult years, on the date that the President submits an enforced. The evaluation may also include a re- with, and serve as a contact for, State and local annual budget to Congress in accordance with view of applicable State laws.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.060 pfrm04 PsN: S05PT2 S10018 CONGRESSIONAL RECORD — SENATE October 5, 2000 ‘‘(C) An evaluation of available technologies the temporary reassignment within the Federal ‘‘SEC. 660. AUTHORIZATION OF APPROPRIATIONS. and practices to determine the best means of Government of personnel employed by such de- ‘‘There is authorized to be appropriated to protecting transportation facilities, personnel, partment or agency; carry out this subtitle $9,000,000 for fiscal year and passengers against terrorist attacks. ‘‘(2) use for administrative purposes, on a re- 2001 and such sums as may be necessary for ‘‘(3) CONSULTATION.—In developing the plan imbursable basis, the available services, equip- each of fiscal years 2002 through 2005. Such and risk assessment under subsection (b), the ment, personnel, and facilities of Federal, State, sums shall remain available until expended.’’. Council shall consult with the Secretary of and local agencies; SEC. 305. DISASTER GRANT CLOSEOUT PROCE- Transportation, representatives of persons pro- ‘‘(3) procure the services of experts and con- DURES. viding transportation, and representatives of sultants in accordance with section 3109 of title Title VII of the Robert T. Stafford Disaster employees of such persons. 5, United States Code, relating to appointments Relief and Emergency Assistance Act (42 U.S.C. ‘‘(g) MONITORING.—The Council, with the as- in the Federal Service, at rates of compensation 5101 et seq.) is amended by adding at the end sistance of the Inspector General of the relevant for individuals not to exceed the daily equiva- the following: Federal department or agency as needed, shall lent of the rate of pay payable for GS–18 of the ‘‘SEC. 705. DISASTER GRANT CLOSEOUT PROCE- monitor the implementation of the Domestic Ter- General Schedule under section 5332 of title 5, DURES. rorism Preparedness Plan, including conducting United States Code; ‘‘(a) STATUTE OF LIMITATIONS.— program and performance audits and evalua- ‘‘(4) accept and use donations of property ‘‘(1) IN GENERAL.—Except as provided in para- tions. from Federal, State, and local government agen- graph (2), no administrative action to recover ‘‘SEC. 654. NATIONAL DOMESTIC PREPAREDNESS cies; any payment made to a State or local govern- BUDGET. ‘‘(5) use the mails in the same manner as any ment for disaster or emergency assistance under ‘‘(a) RECOMMENDATIONS REGARDING RESOURCE other department or agency of the executive this Act shall be initiated in any forum after the ALLOCATIONS.— branch; and date that is 3 years after the date of trans- ‘‘(1) TRANSMITTAL TO COUNCIL.—Each Federal ‘‘(6) request the assistance of the Inspector mission of the final expenditure report for the Government program manager, agency head, General of a Federal department or agency in disaster or emergency. and department head with responsibilities under conducting audits and evaluations under sec- ‘‘(2) FRAUD EXCEPTION.—The limitation under the Domestic Terrorism Preparedness Plan shall tion 653(g). paragraph (1) shall apply unless there is evi- transmit to the Council for each fiscal year rec- dence of civil or criminal fraud. ‘‘SEC. 657. ROLE OF COUNCIL IN NATIONAL SECU- ‘‘(b) REBUTTAL OF PRESUMPTION OF RECORD ommended resource allocations for programs RITY COUNCIL EFFORTS. and activities relating to such responsibilities on MAINTENANCE.— ‘‘The Council may, in the Council’s role as ‘‘(1) IN GENERAL.—In any dispute arising or before the earlier of— principal adviser to the National Security Coun- ‘‘(A) the 45th day before the date of the budg- under this section after the date that is 3 years cil on Federal efforts to assist State and local et submission of the department or agency to the after the date of transmission of the final ex- governmental entities in domestic terrorist at- Director of the Office of Management and penditure report for the disaster or emergency, tack preparedness matters, and subject to the di- Budget for the fiscal year; or there shall be a presumption that accounting rection of the President, attend and participate ‘‘(B) August 15 of the fiscal year preceding records were maintained that adequately iden- in meetings of the National Security Council. the fiscal year for which the recommendations tify the source and application of funds pro- The Council may, subject to the direction of the are being made. vided for financially assisted activities. President, participate in the National Security ‘‘(2) TRANSMITTAL TO THE OFFICE OF MANAGE- ‘‘(2) AFFIRMATIVE EVIDENCE.—The presump- Council’s working group structure. MENT AND BUDGET.—The Council shall develop tion described in paragraph (1) may be rebutted for each fiscal year recommendations regarding ‘‘SEC. 658. EXECUTIVE DIRECTOR AND STAFF OF only on production of affirmative evidence that resource allocations for each program and activ- COUNCIL. the State or local government did not maintain ity identified in the annual strategy completed ‘‘(a) EXECUTIVE DIRECTOR.—The Council documentation described in that paragraph. under section 653 for the fiscal year. Such rec- shall have an Executive Director who shall be ‘‘(3) INABILITY TO PRODUCE DOCUMENTA- ommendations shall be submitted to the relevant appointed by the President. TION.—The inability of the Federal, State, or departments and agencies and to the Director of ‘‘(b) STAFF.—The Executive Director may ap- local government to produce source documenta- the Office of Management and Budget. The Di- point such personnel as the Executive Director tion supporting expenditure reports later than 3 rector of the Office of Management and Budget considers appropriate. Such personnel shall be years after the date of transmission of the final shall consider such recommendations in formu- assigned to the Council on a full-time basis and expenditure report shall not constitute evidence lating the annual budget of the President sub- shall report to the Executive Director. to rebut the presumption described in paragraph mitted to Congress under section 1105(a) of title ‘‘(c) ADMINISTRATIVE SUPPORT SERVICES.— (1). 31, United States Code, and shall provide to the The Executive Office of the President shall pro- ‘‘(4) RIGHT OF ACCESS.—The period during Council a written explanation in any case in vide to the Council, on a reimbursable basis, which the Federal, State, or local government which the Director does not accept such a rec- such administrative support services, including has the right to access source documentation ommendation. office space, as the Council may request. shall not be limited to the required 3-year reten- ‘‘(3) RECORDS.—The Council shall maintain ‘‘SEC. 659. COORDINATION WITH EXECUTIVE tion period referred to in paragraph (3), but records regarding recommendations made and BRANCH DEPARTMENTS AND AGEN- shall last as long as the records are maintained. written explanations received under paragraph CIES. ‘‘(c) BINDING NATURE OF GRANT REQUIRE- (2) and shall provide such records to Congress ‘‘(a) REQUESTS FOR ASSISTANCE.—The head of MENTS.—A State or local government shall not upon request. The Council may not fulfill such each Federal department and agency with re- be liable for reimbursement or any other penalty a request before the date of submission of the sponsibilities under the Domestic Terrorism Pre- for any payment made under this Act if— relevant annual budget of the President to Con- paredness Plan shall cooperate with the Council ‘‘(1) the payment was authorized by an ap- gress under section 1105(a) of title 31, United and, subject to laws governing disclosure of in- proved agreement specifying the costs; formation, provide such assistance, information, ‘‘(2) the costs were reasonable; and States Code. ‘‘(3) the purpose of the grant was accom- ‘‘(4) NEW PROGRAMS OR REALLOCATION OF RE- and advice as the Council may request. plished.’’. SOURCES.—The head of a Federal department or ‘‘(b) CERTIFICATION OF POLICY CHANGES BY agency shall consult with the Council before COUNCIL.— SEC. 306. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL AND STATE EM- ‘‘(1) IN GENERAL.—The head of each Federal acting to enhance the capabilities of State and PLOYEES. department and agency with responsibilities local emergency preparedness and response per- (a) IN GENERAL.—Section 1204 of the Omnibus sonnel with respect to terrorist attacks by— under the Domestic Terrorism Preparedness Crime Control and Safe Streets Act of 1968 (42 ‘‘(A) establishing a new program or office; or Plan shall, unless exigent circumstances require U.S.C. 3796b) is amended by striking paragraph ‘‘(B) reallocating resources, including Federal otherwise, notify the Council in writing regard- (7) and inserting the following: response teams. ing any proposed change in policies relating to ‘‘(7) ‘public safety officer’ means— ‘‘SEC. 655. VOLUNTARY GUIDELINES FOR STATE the activities of such department or agency ‘‘(A) an individual serving a public agency in AND LOCAL PROGRAMS. under the Domestic Terrorism Preparedness an official capacity, with or without compensa- ‘‘The Council shall provide for the establish- Plan prior to implementation of such change. tion, as a law enforcement officer, as a fire- ment of voluntary guidelines for the terrorist at- The Council shall promptly review such pro- fighter, or as a member of a rescue squad or am- tack preparedness programs of State and local posed change and certify to the department or bulance crew; governmental entities for the purpose of pro- agency head in writing whether such change is ‘‘(B) an employee of the Federal Emergency viding guidance in the development and imple- consistent with the Domestic Terrorism Pre- Management Agency who is performing official mentation of such programs. The guidelines paredness Plan. duties of the Agency in an area, if those official shall address equipment, exercises, and training ‘‘(2) NOTICE IN EXIGENT CIRCUMSTANCES.—If duties— and shall establish a desired threshold level of prior notice of a proposed change under para- ‘‘(i) are related to a major disaster or emer- preparedness for State and local emergency re- graph (1) is not possible, the department or gency that has been, or is later, declared to exist sponders. agency head shall notify the Council as soon as with respect to the area under the Robert T. ‘‘SEC. 656. POWERS OF COUNCIL. practicable. The Council shall review such Stafford Disaster Relief and Emergency Assist- ‘‘In carrying out this subtitle, the Council change and certify to the department or agency ance Act (42 U.S.C. 5121 et seq.); and may— head in writing whether such change is con- ‘‘(ii) are determined by the Director of the ‘‘(1) direct, with the concurrence of the Sec- sistent with the Domestic Terrorism Prepared- Federal Emergency Management Agency to be retary of a department or head of an agency, ness Plan. hazardous duties; or

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.060 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10019 ‘‘(C) an employee of a State, local, or tribal (b) STUDY.— Mr. SMITH. I would be happy to emergency management or civil defense agency (1) IN GENERAL.—The Director of the Federal elaborate on the provision. The bill who is performing official duties in cooperation Emergency Management Agency shall conduct a caps ‘‘non-means-tested’’ emergency study of participation by Indian tribes in emer- with the Federal Emergency Management Agen- home repair assistance at $5,000. In cy in an area, if those official duties— gency management. ‘‘(i) are related to a major disaster or emer- (2) REQUIRED ELEMENTS.—The study shall— other words, as long as insurance pro- gency that has been, or is later, declared to exist (A) survey participation by Indian tribes in ceeds were not available, an individual with respect to the area under the Robert T. training, predisaster and postdisaster mitiga- or household would be eligible for up to Stafford Disaster Relief and Emergency Assist- tion, disaster preparedness, and disaster recov- $5,000 of emergency home repair assist- ance Act (42 U.S.C. 5121 et seq.); and ery programs at the Federal and State levels; ance before he/she was required to seek ‘‘(ii) are determined by the head of the agency and additional assistance from other (B) review and assess the capacity of Indian to be hazardous duties.’’. sources, such as the SBA Disaster Loan (b) EFFECTIVE DATE.—The amendment made tribes to participate in cost-shared emergency by subsection (a) applies only to employees de- management programs and to participate in the Program. If that individual or house- scribed in subparagraphs (B) and (C) of section management of the programs. hold was not able to obtain an SBA 1204(7) of the Omnibus Crime Control and Safe (3) CONSULTATION.—In conducting the study, loan, then he/she could be eligible for Streets Act of 1968 (as amended by subsection the Director shall consult with Indian tribes. additional emergency home repair as- (a)) who are injured or who die in the line of (c) REPORT.—Not later than 1 year after the sistance, as long as the total amount of duty on or after the date of the enactment of date of the enactment of this Act, the Director FEMA assistance to this individual or shall submit a report on the study under sub- this Act. household does not exceed $25,000. SEC. 307. BUY AMERICAN. section (b) to— (1) the Committee on Environment and Public Mr. GRAHAM. Is it correct, then, (a) COMPLIANCE WITH BUY AMERICAN ACT.— that if an individual or household was No funds authorized to be appropriated under Works of the Senate; this Act or any amendment made by this Act (2) the Committee on Transportation and In- unable to obtain a loan from SBA, or may be expended by an entity unless the entity, frastructure of the House of Representatives; assistance from another source, then in expending the funds, complies with the Buy (3) the Committee on Appropriations of the they could be eligible to receive addi- American Act (41 U.S.C. 10a et seq.). Senate; and tional emergency home repair assist- (4) the Committee on Appropriations of the (b) DEBARMENT OF PERSONS CONVICTED OF House of Representatives. ance, based upon the regulations that FRAUDULENT USE OF ‘‘MADE IN AMERICA’’ LA- FEMA promulgates for this section, Mr. MACK. Mr. President, I ask BELS.— and as long as the total FEMA assist- (1) IN GENERAL.—If the Director of the Federal unanimous consent that the Senate ance received by that individual or Emergency Management Agency determines that concur in the amendment of the House a person has been convicted of intentionally household does not exceed $25,000? with a further amendment which is at Mr. SMITH. The Senator is correct. affixing a label bearing a ‘‘Made in America’’ the desk. inscription to any product sold in or shipped to Mr. GRAHAM. I thank the Chairman The PRESIDING OFFICER. Without the United States that is not made in America, for the clarification. objection, it is so ordered. the Director shall determine, not later than 90 f days after determining that the person has been (The amendment (No. 4299) is printed so convicted, whether the person should be in today’s RECORD under ‘‘Amendments RESTORATION OF ESTUARY debarred from contracting under the Robert T. Submitted.’’) HABITAT Stafford Disaster Relief and Emergency Assist- Mr. SMITH of New Hampshire. Mr. Mr. MACK. Mr. President, I ask that ance Act (42 U.S.C. 5121 et seq.). President, I rise in support of H.R. 707, (2) DEFINITION OF DEBAR.—In this subsection, the Chair lay before the Senate a mes- the Disaster Mitigation Act of 2000, and sage from the House to accompany S. the term ‘‘debar’’ has the meaning given the urge its passage by the full Senate. term in section 2393(c) of title 10, United States 835, ‘‘An Act to encourage the restora- Code. This legislation represents compromise tion of estuary habitat through more SEC. 308. TREATMENT OF CERTAIN REAL PROP- language negotiated with the House of efficient project financing and en- ERTY. Representatives, but, is, substantively, hanced coordination of Federal and (a) IN GENERAL.—Notwithstanding the Na- very similar to the bill passed by the non-Federal restoration programs, and tional Flood Insurance Act of 1968 (42 U.S.C. Senate in July of this year. This bill for other purposes.’’ 4001 et seq.), the Flood Disaster Protection Act will ensure that FEMA not only re- of 1973 (42 U.S.C. 4002 et seq.), or any other pro- The PRESIDING OFFICER laid be- mains responsive to local communities fore the Senate the following message vision of law, or any flood risk zone identified, after a disaster, but also makes dis- delineated, or established under any such law from the House of Representatives: aster preparedness and mitigation a (by flood insurance rate map or otherwise), the Resolved, That the bill from the Senate (S. real property described in subsection (b) shall priority. Further, I am proud that this 835) entitled ‘‘An Act to encourage the res- not be considered to be, or to have been, located bill will also result in both short and toration of estuary habitat through more ef- in any area having special flood hazards (in- long term savings to the American tax- ficient project financing and enhanced co- cluding any floodway or floodplain). payer while, at the same time, pro- ordination of Federal and non-Federal res- (b) REAL PROPERTY.—The real property de- viding the states and local commu- toration programs, and for other purposes’’, scribed in this subsection is all land and im- nities with added resources for future do pass with the following amendment: provements on the land located in the Maple Strike out all after the enacting clause and Terrace Subdivisions in the city of Sycamore, mitigation efforts. Through added effi- ciencies this bill saves billions in the insert: DeKalb County, Illinois, including— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) Maple Terrace Phase I; long run. (a) SHORT TITLE.—This Act may be cited as (2) Maple Terrace Phase II; I would like to take this opportunity the ‘‘Clean Waters and Bays Act of 2000’’. (3) Maple Terrace Phase III Unit 1; to thank a number of staff members (b) TABLE OF CONTENTS.—The table of con- (4) Maple Terrace Phase III Unit 2; who have worked so hard on this bill. (5) Maple Terrace Phase III Unit 3; tents for this Act is as follows: (6) Maple Terrace Phase IV Unit 1; In particular, I would like to recognize Sec. 1. Short title; table of contents. Marty Hall from my committee staff; (7) Maple Terrace Phase IV Unit 2; and TITLE I—ESTUARY RESTORATION (8) Maple Terrace Phase IV Unit 3. Jo-Ellen Darcy, committee staff for Sec. 101. Short title. (c) REVISION OF FLOOD INSURANCE RATE LOT Senator BAUCUS; Andy Wheeler and Sec. 102. Purposes. MAPS.—As soon as practicable after the date of Mike Murray from Senator INHOFE’S Sec. 103. Definitions. the enactment of this Act, the Director of the staff; and Jason McNamara from Sen- Sec. 104. Estuary habitat restoration program. Federal Emergency Management Agency shall ator GRAHAM’S staff. Sec. 105. Establishment of Estuary Habitat Res- revise the appropriate flood insurance rate lot toration Council. maps of the agency to reflect the treatment EMERGENCY HOME REPAIR ASSISTANCE Sec. 106. Advisory board. under subsection (a) of the real property de- Mr. GRAHAM. The bill includes a Sec. 107. Estuary habitat restoration strategy. scribed in subsection (b). provision that caps emergency home Sec. 108. Monitoring of estuary habitat restora- SEC. 309. STUDY OF PARTICIPATION BY INDIAN repair assistance for individuals and tion projects. TRIBES IN EMERGENCY MANAGE- households at $5,000. Could the Chair- Sec. 109. Reporting. MENT. man elaborate on this provision to de- Sec. 110. Funding. (a) DEFINITION OF INDIAN TRIBE.—In this sec- Sec. 111. General provisions. tion, the term ‘‘Indian tribe’’ has the meaning scribe what additional assistance given the term in section 4 of the Indian Self- might be available to individuals and TITLE II—CHESAPEAKE BAY Determination and Education Assistance Act (25 households should their emergency RESTORATION U.S.C. 450b). home repair costs exceed $5,000? Sec. 201. Short title.

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Sec. 202. Findings and purposes. (2) ESTUARY.—The term ‘‘estuary’’ means a or interstate agency, or, as provided in section Sec. 203. Chesapeake Bay. part of a river or stream or other body of water 104(g)(2), a nongovernmental organization. Sec. 204. Sense of the Congress; requirement re- that has an unimpaired connection with the (10) SECRETARY.—The term ‘‘Secretary’’ means garding notice. open sea and where the sea water is measurably the Secretary of the Army. TITLE III—NATIONAL ESTUARY PROGRAM. diluted with fresh water derived from land (11) STATE.—The term ‘‘State’’ means the States of Alabama, Alaska, California, Con- Sec. 301. Additions to national estuary pro- drainage. The term also includes near coastal necticut, Delaware, Florida, Georgia, Hawaii, gram. waters and wetlands of the Great Lakes that are Illinois, Indiana, Louisiana, Maine, Maryland, Sec. 302. Grants. similar in form and function to estuaries. Massachusetts, Michigan, Minnesota, Mis- Sec. 303. Authorization of appropriations. (3) ESTUARY HABITAT.—The term ‘‘estuary habitat’’ means the physical, biological, and sissippi, New Hampshire, New Jersey, New York, TITLE IV—FLORIDA KEYS WATER chemical elements associated with an estuary, North Carolina, Ohio, Oregon, Pennsylvania, QUALITY including the complex of physical and hydro- Rhode Island, South Carolina, Texas, Virginia, Sec. 401. Short title. logic features and living organisms within the Washington, and Wisconsin, the District of Co- Sec. 402. Florida Keys water quality improve- estuary and associated ecosystems. lumbia, the Commonwealth of Puerto Rico, the ments. (4) ESTUARY HABITAT RESTORATION ACTIV- Commonwealth of the Northern Mariana Is- Sec. 403. Sense of the Congress; requirement re- ITY.— lands, the United States Virgin Islands, Amer- garding notice. (A) IN GENERAL.—The term ‘‘estuary habitat ican Samoa, and Guam. TITLE V—LONG ISLAND SOUND restoration activity’’ means an activity that re- SEC. 104. ESTUARY HABITAT RESTORATION PRO- RESTORATION sults in improving degraded estuaries or estuary GRAM. Sec. 501. Short title. habitat or creating estuary habitat (including (a) ESTABLISHMENT.—There is established an Sec. 502. Nitrogen credit trading system and both physical and functional restoration), with estuary habitat restoration program under other measures. the goal of attaining a self-sustaining system in- which the Secretary may carry out estuary Sec. 503. Assistance for distressed communities. tegrated into the surrounding landscape. habitat restoration projects and provide tech- Sec. 504. Reauthorization of appropriations. (B) INCLUDED ACTIVITIES.—The term ‘‘estuary nical assistance in accordance with the require- TITLE VI—LAKE PONTCHARTRAIN BASIN habitat restoration activity’’ includes— ments of this title. (b) ORIGIN OF PROJECTS.—A proposed estuary RESTORATION (i) the reestablishment of chemical, physical, hydrologic, and biological features and compo- habitat restoration project shall originate from a Sec. 601. Short title. nents associated with an estuary; non-Federal interest consistent with State or Sec. 602. National estuary program. (ii) except as provided in subparagraph (C), local laws. Sec. 603. Lake Pontchartrain Basin. the cleanup of pollution for the benefit of estu- (c) REQUIRED ELEMENTS OF PROJECT PRO- Sec. 604. Sense of the Congress. ary habitat; POSALS.—To be eligible for the estuary habitat TITLE VII—ALTERNATIVE WATER (iii) the control of nonnative and invasive spe- restoration program established under this title, SOURCES cies in the estuary; each proposed estuary habitat restoration Sec. 701. Short title. (iv) the reintroduction of species native to the project must— Sec. 702. Grants for alternative water source estuary, including through such means as (1) address restoration needs identified in an projects. planting or promoting natural succession; estuary habitat restoration plan; Sec. 703. Sense of the Congress; requirement re- (v) the construction of reefs to promote fish (2) be consistent with the estuary habitat res- garding notice. and shellfish production and to provide estuary toration strategy developed under section 107; (3) be technically feasible; TITLE VIII—CLEAN LAKES habitat for living resources; and (vi) other activities that improve estuary habi- (4) include a monitoring plan that is con- Sec. 801. Grants to States. sistent with standards for monitoring developed Sec. 802. Demonstration program. tat. (C) EXCLUDED ACTIVITIES.—The term ‘‘estuary under section 108 to ensure that short-term and Sec. 803. Sense of the Congress; requirement re- long-term restoration goals are achieved; and garding notice. habitat restoration activity’’ does not include an activity that— (5) include satisfactory assurance from the TITLE IX—MISSISSIPPI SOUND (i) constitutes mitigation required under any non-Federal interests proposing the project that RESTORATION Federal or State law for the adverse effects of the non-Federal interests will have adequate Sec. 901. Short title. an activity regulated or otherwise governed by personnel, funding, and authority to carry out Sec. 902. National estuary program. Federal or State law; or and properly maintain the project. ELECTION OF PROJECTS.— Sec. 903. Mississippi Sound. (ii) constitutes restoration for natural re- (d) S (1) IN GENERAL.—The Secretary, after consid- Sec. 904. Sense of the Congress. source damages required under any Federal or ering the advice and recommendations of the TITLE X—TIJUANA RIVER VALLEY State law. Council, shall select estuary habitat restoration ESTUARY AND BEACH CLEANUP (5) ESTUARY HABITAT RESTORATION PROJECT.— projects taking into account the following fac- The term ‘‘estuary habitat restoration project’’ Sec. 1001. Short title. tors: Sec. 1002. Purpose. means a project to carry out an estuary habitat (A) The scientific merit of the project. Sec. 1003. Definitions. restoration activity. (B) Whether the project will encourage in- Sec. 1004. Actions to be taken by the Commis- (6) ESTUARY HABITAT RESTORATION PLAN.— creased coordination and cooperation among sion and the Administrator. (A) IN GENERAL.—The term ‘‘estuary habitat Federal, State, and local government agencies. Sec. 1005. Negotiation of new treaty minute. restoration plan’’ means any Federal or State (C) Whether the project fosters public-private Sec. 1006. Authorization of appropriations. plan for restoration of degraded estuary habitat partnerships and uses Federal resources to en- TITLE I—ESTUARY RESTORATION that was developed with the substantial partici- courage increased private sector involvement, pation of appropriate public and private stake- including consideration of the amount of private SEC. 101. SHORT TITLE. holders. This title may be cited as the ‘‘Estuary Res- funds or in-kind contributions for an estuary (B) INCLUDED PLANS AND PROGRAMS.—The toration Act of 2000’’. habitat restoration activity. term ‘‘estuary habitat restoration plan’’ in- (D) Whether the project is cost-effective. SEC. 102. PURPOSES. cludes estuary habitat restoration components (E) Whether the State in which the non-Fed- The purposes of this title are— of— eral interest is proposing the project has a dedi- (1) to promote the restoration of estuary habi- (i) a comprehensive conservation and manage- cated source of funding to acquire or restore es- tat; ment plan approved under section 320 of the tuary habitat, natural areas, and open spaces (2) to develop a national estuary habitat res- Federal Water Pollution Control Act (33 U.S.C. for the benefit of estuary habitat restoration or toration strategy for creating and maintaining 1330); protection. effective estuary habitat restoration partner- (ii) a lakewide management plan or remedial (F) Other factors that the Secretary deter- ships among public agencies at all levels of gov- action plan developed under section 118 of the mines to be reasonable and necessary for consid- ernment and to establish new partnerships be- Federal Water Pollution Control Act (33 U.S.C. eration. tween the public and private sectors; 1268); (2) PRIORITY.—In selecting estuary habitat (3) to provide Federal assistance for estuary (iii) a management plan approved under the restoration projects to be carried out under this habitat restoration projects and to promote effi- Coastal Zone Management Act of 1972 (16 title, the Secretary shall give priority consider- cient financing of such projects; and U.S.C. 1451 et seq.); and ation to a project if, in addition to meriting se- (4) to develop and enhance monitoring and re- (iv) the interstate management plan developed lection based on the factors under paragraph search capabilities to ensure that estuary habi- pursuant to the Chesapeake Bay program under (1)— tat restoration efforts are based on sound sci- section 117 of the Federal Water Pollution Con- (A) the project occurs within a watershed in entific understanding and to create a national trol Act (33 U.S.C. 1267). which there is a program being carried out that database of estuary habitat restoration informa- (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ addresses sources of pollution and other activi- tion. has the meaning given such term by section 4 of ties that otherwise would re-impair the restored SEC. 103. DEFINITIONS. the Indian Self-Determination and Education habitat; or In this title, the following definitions apply: Assistance Act (25 U.S.C. 450b). (B) the project includes pilot testing or a dem- (1) COUNCIL.—The term ‘‘Council’’ means the (9) NON-FEDERAL INTEREST.—The term ‘‘non- onstration of an innovative technology having Estuary Habitat Restoration Council established federal interest’’ means a State, a political sub- the potential for improved cost-effectiveness in by section 105. division of a State, an Indian tribe, a regional estuary habitat restoration.

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(e) COST SHARING.— (3) The Administrator of the Environmental appoint an appropriate individual to fill that (1) FEDERAL SHARE.—The Federal share of the Protection Agency (or the Administrator’s des- vacancy for the remainder of the applicable cost of an estuary habitat restoration project ignee). term. carried out under this title shall not exceed 65 (4) The Secretary of the Interior, acting (f) BOARD LEADERSHIP.—The board shall elect percent of such cost. through the Director of the United States Fish from among its members a chairperson of the (2) NON-FEDERAL SHARE.—The non-Federal and Wildlife Service (or such Secretary’s des- board to represent the board in matters related share of the cost of an estuary habitat restora- ignee). to its duties under this title. tion project carried out under this title shall in- (5) The Secretary of Agriculture (or such Sec- (g) COMPENSATION.—Members of the board clude lands, easements, rights-of-way, and relo- retary’s designee). shall not be considered to be employees of the cations and may include services, or any other (6) The head of any other Federal agency des- United States and may not receive compensation form of in-kind contribution determined by the ignated by the President to serve as an ex officio for their service as members of the board, except Secretary to be an appropriate contribution member of the Council. that while engaged in the performance of their equivalent to the monetary amount required for (d) PROHIBITION OF COMPENSATION.—Members duties while away from their homes or regular the non-Federal share of the activity. of the Council may not receive compensation for place of business, members of the board may be (f) INTERIM ACTIONS.— their service as members of the Council. allowed necessary travel expenses as authorized (1) IN GENERAL.—Pending completion of the (e) CHAIRPERSON.—The chairperson shall be by section 5703 of title 5, United States Code. estuary habitat restoration strategy to be devel- elected by the Council from among its members (h) TECHNICAL SUPPORT.—Technical support oped under section 107, the Secretary may take for a 3-year term, except that the first elected may be provided to the board by regional and interim actions to carry out an estuary habitat chairperson may serve a term of fewer than 3 field staff of the Corps of Engineers, the Envi- restoration activity. years. ronmental Protection Agency, the National Oce- (2) FEDERAL SHARE.—The Federal share of the (f) CONVENING OF COUNCIL.— anic and Atmospheric Administration, the cost of an estuary habitat restoration activity (1) FIRST MEETING.—The Secretary shall con- United States Fish and Wildlife Service, and the before the completion of the estuary habitat res- vene the first meeting of the Council not later Department of Agriculture. The Secretary shall toration strategy shall not exceed 25 percent of than 60 days after the date of the enactment of coordinate the provision of such assistance. such cost. this Act for the purpose of electing a chair- (i) ADMINISTRATIVE SUPPORT SERVICES.—Upon (g) COOPERATION OF NON-FEDERAL INTER- person. the request of the board, the Secretary may pro- ESTS.— (2) ADDITIONAL MEETINGS.—The chairperson vide to the board the administrative support (1) IN GENERAL.—The Secretary shall not se- shall convene additional meetings of the Council services necessary for the board to carry out its lect an estuary habitat restoration project until as often as appropriate to ensure that this title responsibilities under this title. (j) FUNDING.—From amounts appropriated for a non-Federal interest has entered into a writ- is fully carried out, but not less often than an- that purpose under section 110, the Secretary ten agreement with the Secretary in which the nually. shall provide funding for the board to carry out non-Federal interest agrees to— (g) COUNCIL PROCEDURES.—The Council shall its duties under this title. (A) provide all lands, easements, rights-of- establish procedures for voting, the conduct of way, and relocations and any other elements meetings, and other matters, as necessary. SEC. 107. ESTUARY HABITAT RESTORATION STRATEGY. the Secretary determines appropriate under sub- (h) PUBLIC PARTICIPATION.—Meetings of the (a) IN GENERAL.—Not later than 1 year after section (e)(2); and Council shall be open to the public. The Council (B) provide for maintenance and monitoring the date of the enactment of this Act, the Coun- shall provide notice to the public of such meet- of the project to the extent the Secretary deter- cil, in consultation with the advisory board es- ings. mines necessary. tablished under section 106, shall develop an es- (2) NONGOVERNMENTAL ORGANIZATIONS.—Not- SEC. 106. ADVISORY BOARD. tuary habitat restoration strategy designed to withstanding section 221 of the Flood Control (a) IN GENERAL.—The Council shall establish ensure a comprehensive approach to maximize Act of 1970 (42 U.S.C. 1962d–5b(b)), for any an advisory board (in this section referred to as benefits derived from estuary habitat restoration project undertaken under this title, the Sec- the ‘‘board’’). projects and to foster the coordination of Fed- retary, upon the recommendation of the Gov- (b) DUTIES.—The board shall provide advice eral and non-Federal activities related to res- ernor of the State in which the project is located and recommendations to the Council— toration of estuary habitat. and in consultation with appropriate officials of (1) on the strategy developed pursuant to sec- (b) GOAL.—The goal of the strategy shall be political subdivisions of such State, may allow a tion 107; and the restoration of 1,000,000 acres of estuary nongovernmental organization to serve as the (2) on the Council’s consideration of proposed habitat by the year 2010. non-Federal interest. estuary habitat restoration projects and the (c) INTEGRATION OF ESTUARY HABITAT RES- (h) DELEGATION OF PROJECT IMPLEMENTA- Council’s recommendations to the Secretary pur- TORATION PLANS, PROGRAMS, AND PARTNER- TION.—In carrying out this title, the Secretary suant to section 105(b)(1), including advice on SHIPS.—In developing the estuary habitat res- may delegate project implementation to another the scientific merit, technical merit, and feasi- toration strategy, the Council shall— Federal department or agency on a reimbursable bility of a project. (1) conduct a review of estuary management basis if the Secretary, after considering the ad- (c) MEMBERS.—The Council shall appoint or habitat restoration plans and Federal pro- vice and recommendations of the Council, deter- members of the board representing diverse public grams established under other laws that author- ize funding for estuary habitat restoration ac- mines such delegation is appropriate. and private interests. Members of the board shall be selected such that the board consists tivities; and SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT (2) ensure that the estuary habitat restoration RESTORATION COUNCIL. of— strategy is developed in a manner that is con- (a) COUNCIL.—There is established a council (1) three members with recognized academic sistent with the estuary management or habitat to be known as the ‘‘Estuary Habitat Restora- scientific expertise in estuary or estuary habitat restoration; restoration plans. tion Council’’. (d) ELEMENTS OF THE STRATEGY.—The estuary UTIES.—The Council shall be responsible (2) three members representing State agencies (b) D habitat restoration strategy shall include pro- for— with expertise in estuary or estuary habitat res- toration; posals, methods, and guidance on— (1) soliciting, reviewing, and evaluating (1) maximizing the incentives for the creation project proposals and making recommendations (3) two members representing local or regional government agencies with expertise in estuary of new public-private partnerships to carry out concerning such proposals based on the factors estuary habitat restoration projects and the use specified in section 104(d)(1), including rec- or estuary habitat restoration; (4) two members representing nongovern- of Federal resources to encourage increased pri- ommendations as to a priority order for carrying vate sector involvement in estuary habitat res- out such projects and as to whether a project mental organizations with expertise in estuary or estuary habitat restoration; toration activities; should be carried out by the Secretary or by an- (2) ensuring that the estuary habitat restora- (5) two members representing fishing interests; other Federal department or agency under sec- tion strategy will be implemented in a manner (6) two members representing estuary users tion 104(h); that is consistent with the estuary management other than fishing interests; (2) developing and transmitting to Congress a or habitat restoration plans; (7) two members representing agricultural in- national strategy for restoration of estuary (3) promoting estuary habitat restoration terests; and habitat; projects to— (3) periodically reviewing the effectiveness of (8) two members representing Indian tribes. (A) provide healthy ecosystems in order to the national strategy in meeting the purposes of (d) TERMS.— support— this title and, as necessary, updating the na- (1) IN GENERAL.—Except as provided by sub- (i) wildlife, including endangered and threat- tional strategy; and paragraph (B), members of the board shall be ened species, migratory birds, and resident spe- (4) providing advice on the development of the appointed for a term of 3 years. cies of an estuary watershed; and database, monitoring standards, and report re- (2) INITIAL MEMBERS.—As designated by the (ii) fish and shellfish, including commercial quired under sections 108 and 109. chairperson of the Council at the time of ap- and recreational fisheries; (c) MEMBERSHIP.—The Council shall be com- pointment, of the members first appointed— (B) improve surface and ground water quality posed of the following members: (A) nine shall be appointed for a term of 1 and quantity, and flood control; (1) The Secretary (or the Secretary’s des- year; and (C) provide outdoor recreation and other di- ignee). (B) nine shall be appointed for a term of 2 rect and indirect values; and (2) The Under Secretary for Oceans and At- years. (D) address other areas of concern that the mosphere of the Department of Commerce (or (e) VACANCIES.—Whenever a vacancy occurs Council determines to be appropriate for consid- the Under Secretary’s designee). among members of the board, the Council shall eration;

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00089 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.061 pfrm04 PsN: S05PT2 S10022 CONGRESSIONAL RECORD — SENATE October 5, 2000 (4) addressing the estimated historic losses, es- (6) a review of the measures taken to provide TITLE II—CHESAPEAKE BAY timated current rate of loss, and extent of the the information described in paragraphs (1) RESTORATION threat of future loss or degradation of each type through (3) to persons with responsibility for as- SEC. 201. SHORT TITLE. of estuary habitat; sisting in the restoration of estuary habitat. This title may be cited as the ‘‘Chesapeake (5) measuring the rate of change for each type SEC. 110. FUNDING. Bay Restoration Act of 2000’’. of estuary habitat; (a) AUTHORIZATION OF APPROPRIATIONS.— SEC. 202. FINDINGS AND PURPOSES. (6) selecting a balance of smaller and larger (1) ESTUARY HABITAT RESTORATION (a) FINDINGS.—Congress finds that— estuary habitat restoration projects; and PROJECTS.—There is authorized to be appro- (1) the Chesapeake Bay is a national treasure (7) ensuring equitable geographic distribution priated to the Secretary for carrying out and and a resource of worldwide significance; of projects funded under this title. providing technical assistance for estuary habi- (2) over many years, the productivity and (e) PUBLIC REVIEW AND COMMENT.—Before tat restoration projects— water quality of the Chesapeake Bay and its the Council adopts a final or revised estuary (A) $30,000,000 for fiscal year 2001; watershed were diminished by pollution, exces- habitat restoration strategy, the Secretary shall (B) $35,000,000 for fiscal year 2002; and sive sedimentation, shoreline erosion, the im- publish in the Federal Register a draft of the es- (C) $45,000,000 for each of fiscal years 2003 pacts of population growth and development in tuary habitat restoration strategy and provide through 2005. the Chesapeake Bay watershed, and other fac- an opportunity for public review and comment. Such amounts shall remain available until ex- tors; (f) PERIODIC REVISION.—Using data and infor- pended. (3) the Federal Government (acting through mation developed through project monitoring (2) MONITORING.—There is authorized to be the Administrator of the Environmental Protec- and management, and other relevant informa- appropriated to the Under Secretary for Oceans tion Agency), the Governor of the State of tion, the Council may periodically review and and Atmosphere of the Department of Commerce Maryland, the Governor of the Commonwealth update, as necessary, the estuary habitat res- for the acquisition, maintenance, and manage- of Virginia, the Governor of the Commonwealth toration strategy. ment of monitoring data on restoration projects of Pennsylvania, the Chairperson of the Chesa- SEC. 108. MONITORING OF ESTUARY HABITAT carried out under this title, $1,500,000 for each peake Bay Commission, and the Mayor of the RESTORATION PROJECTS. of fiscal years 2001 through 2005. Such amounts District of Columbia, as Chesapeake Bay Agree- (a) UNDER SECRETARY.—In this section, the shall remain available until expended. ment signatories, have committed to a com- term ‘‘Under Secretary’’ means the Under Sec- (b) SET-ASIDE FOR ADMINISTRATIVE EXPENSES prehensive cooperative program to achieve im- retary for Oceans and Atmosphere of the De- OF THE COUNCIL AND ADVISORY BOARD.—Not to proved water quality and improvements in the partment of Commerce. exceed 3 percent of the amounts appropriated productivity of living resources of the Bay; (b) DATABASE OF RESTORATION PROJECT IN- for a fiscal year under subsection (a)(1) or (4) the cooperative program described in para- FORMATION.—The Under Secretary, in consulta- $1,500,000, whichever is greater, may be used by graph (3) serves as a national and international tion with the Council, shall develop and main- the Secretary for administration and operation model for the management of estuaries; and tain an appropriate database of information of the Council and the advisory board estab- (5) there is a need to expand Federal support concerning estuary habitat restoration projects lished under section 106. for monitoring, management, and restoration carried out under this title, including informa- SEC. 111. GENERAL PROVISIONS. activities in the Chesapeake Bay and the tribu- tion on project techniques, project completion, (a) AGENCY CONSULTATION AND COORDINA- taries of the Bay in order to meet and further monitoring data, and other relevant informa- TION.—In carrying out this title, the Secretary the original and subsequent goals and commit- tion. shall, as necessary, consult with, cooperate ments of the Chesapeake Bay Program. (c) MONITORING DATA STANDARDS.—The with, and coordinate its activities with the ac- (b) PURPOSES.—The purposes of this title Under Secretary, in consultation with the Coun- tivities of other Federal departments and agen- are— cil, shall develop standard data formats for cies. (1) to expand and strengthen cooperative ef- monitoring projects, along with requirements for (b) COOPERATIVE AGREEMENTS; MEMORANDA forts to restore and protect the Chesapeake Bay; types of data collected and frequency of moni- OF UNDERSTANDING.—In carrying out this title, and toring. the Secretary may— (2) to achieve the goals established in the (d) COORDINATION OF DATA.—The Under Sec- (1) enter into cooperative agreements with Chesapeake Bay Agreement. retary shall compile information that pertains to Federal, State, and local government agencies SEC. 203. CHESAPEAKE BAY. estuary habitat restoration projects from other and other entities; and Section 117 of the Federal Water Pollution (2) execute such memoranda of understanding Federal, State, and local sources and that meets Control Act (33 U.S.C. 1267) is amended to read as are necessary to reflect the agreements. the quality control requirements and data as follows: standards established under this section. (c) FEDERAL AGENCY FACILITIES AND PER- ‘‘SEC. 117. CHESAPEAKE BAY. (e) USE OF EXISTING PROGRAMS.—The Under SONNEL.—Federal agencies may cooperate in ‘‘(a) DEFINITIONS.—In this section, the fol- Secretary shall use existing programs within the carrying out scientific and other programs nec- lowing definitions apply: National Oceanic and Atmospheric Administra- essary to carry out this title, and may provide ‘‘(1) ADMINISTRATIVE COST.—The term ‘admin- tion to create and maintain the database re- facilities and personnel, for the purpose of as- istrative cost’ means the cost of salaries and quired under this section. sisting the Council in carrying out its duties fringe benefits incurred in administering a grant (f) PUBLIC AVAILABILITY.—The Under Sec- under this title. under this section. retary shall make the information collected and (d) IDENTIFICATION AND MAPPING OF DREDGED ‘‘(2) CHESAPEAKE BAY AGREEMENT.—The term maintained under this section available to the MATERIAL DISPOSAL SITES.—In consultation ‘Chesapeake Bay Agreement’ means the formal, public. with appropriate Federal and non-Federal pub- lic entities, the Secretary shall undertake, and voluntary agreements executed to achieve the SEC. 109. REPORTING. update as warranted by changed conditions, goal of restoring and protecting the Chesapeake (a) IN GENERAL.—At the end of the third and surveys to identify and map sites appropriate Bay ecosystem and the living resources of the fifth fiscal years following the date of the enact- for beneficial uses of dredged material for the Chesapeake Bay ecosystem and signed by the ment of this Act, the Secretary, after consid- protection, restoration, and creation of aquatic Chesapeake Executive Council. ering the advice and recommendations of the and ecologically related habitats, including wet- ‘‘(3) CHESAPEAKE BAY ECOSYSTEM.—The term Council, shall transmit to Congress a report on lands, in order to further the purposes of this ‘Chesapeake Bay ecosystem’ means the eco- the results of activities carried out under this title. system of the Chesapeake Bay and its water- title. (e) STUDY OF BIOREMEDIATION TECHNOLOGY.— shed. ONTENTS OF EPORT (b) C R .—A report under (1) IN GENERAL.—Not later than 180 days after ‘‘(4) CHESAPEAKE BAY PROGRAM.—The term subsection (a) shall include— the date of the enactment of this Act, the Ad- ‘Chesapeake Bay Program’ means the program (1) data on the number of acres of estuary ministrator of the Environmental Protection directed by the Chesapeake Executive Council in habitat restored under this title, including de- Agency, with the participation of the estuarine accordance with the Chesapeake Bay Agree- scriptions of, and partners involved with, scientific community, shall begin a 2-year study ment. projects selected, in progress, and completed on the efficacy of bioremediation products. ‘‘(5) CHESAPEAKE EXECUTIVE COUNCIL.—The under this title that comprise those acres; (2) REQUIREMENTS.—The study shall— term ‘Chesapeake Executive Council’ means the (2) information from the database established (A) evaluate and assess bioremediation signatories to the Chesapeake Bay Agreement. under section 108(b) related to ongoing moni- technology— ‘‘(6) SIGNATORY JURISDICTION.—The term ‘sig- toring of projects to ensure that short-term and (i) on low-level petroleum hydrocarbon con- natory jurisdiction’ means a jurisdiction of a long-term restoration goals are achieved; tamination from recreational boat bilges; signatory to the Chesapeake Bay Agreement. (3) an estimate of the long-term success of (ii) on low-level petroleum hydrocarbon con- ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PRO- varying restoration techniques used in carrying tamination from stormwater discharges; GRAM.— out estuary habitat restoration projects; (iii) on nonpoint petroleum hydrocarbon dis- ‘‘(1) IN GENERAL.—In cooperation with the (4) a review of how the information described charges; and Chesapeake Executive Council (and as a member in paragraphs (1) through (3) has been incor- (iv) as a first response tool for petroleum hy- of the Council), the Administrator shall con- porated in the selection and implementation of drocarbon spills; and tinue the Chesapeake Bay Program. estuary habitat restoration projects; (B) recommend management actions to opti- ‘‘(2) PROGRAM OFFICE.— (5) a review of efforts made to maintain an mize the return of a healthy and balanced eco- ‘‘(A) IN GENERAL.—The Administrator shall appropriate database of restoration projects car- system and make improvements in the quality maintain in the Environmental Protection Agen- ried out under this title; and and character of estuarine waters. cy a Chesapeake Bay Program Office.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.061 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10023

‘‘(B) FUNCTION.—The Chesapeake Bay Pro- submitting to the Administrator a comprehensive ‘‘(B) the water quality requirements necessary gram Office shall provide support to the Chesa- proposal to implement management mechanisms to restore living resources in the Chesapeake peake Executive Council by— established under the Chesapeake Bay Agree- Bay ecosystem; ‘‘(i) implementing and coordinating science, ment. ‘‘(C) the Chesapeake Bay Basinwide Toxins research, modeling, support services, moni- ‘‘(B) CONTENTS.—A proposal under subpara- Reduction and Prevention Strategy goal of re- toring, data collection, and other activities that graph (A) shall include— ducing or eliminating the input of chemical con- support the Chesapeake Bay Program; ‘‘(i) a description of proposed management taminants from all controllable sources to levels ‘‘(ii) developing and making available, mechanisms that the jurisdiction commits to that result in no toxic or bioaccumulative im- through publications, technical assistance, and take within a specified time period, such as re- pact on the living resources of the Chesapeake other appropriate means, information pertaining ducing or preventing pollution in the Chesa- Bay ecosystem or on human health; to the environmental quality and living re- peake Bay and its watershed or meeting appli- ‘‘(D) habitat restoration, protection, creation, sources of the Chesapeake Bay ecosystem; cable water quality standards or established and enhancement goals established by Chesa- ‘‘(iii) in cooperation with appropriate Federal, goals and objectives under the Chesapeake Bay peake Bay Agreement signatories for wetlands, State, and local authorities, assisting the sig- Agreement; and riparian forests, and other types of habitat asso- natories to the Chesapeake Bay Agreement in ‘‘(ii) the estimated cost of the actions proposed ciated with the Chesapeake Bay ecosystem; and developing and implementing specific action to be taken during the fiscal year. ‘‘(E) the restoration, protection, creation, and plans to carry out the responsibilities of the sig- ‘‘(3) APPROVAL.—If the Administrator finds enhancement goals established by the Chesa- natories to the Chesapeake Bay Agreement; that the proposal is consistent with the Chesa- peake Bay Agreement signatories for living re- ‘‘(iv) coordinating the actions of the Environ- peake Bay Agreement and the national goals es- sources associated with the Chesapeake Bay mental Protection Agency with the actions of tablished under section 101(a), the Adminis- ecosystem. the appropriate officials of other Federal agen- trator may approve the proposal for an award. ‘‘(2) SMALL WATERSHED GRANTS PROGRAM.— cies and State and local authorities in devel- ‘‘(4) FEDERAL SHARE.—The Federal share of The Administrator, in cooperation with the oping strategies to— an implementation grant under this subsection Chesapeake Executive Council, shall— ‘‘(I) improve the water quality and living re- shall not exceed 50 percent of the cost of imple- ‘‘(A) establish a small watershed grants pro- sources in the Chesapeake Bay ecosystem; and menting the management mechanisms during gram as part of the Chesapeake Bay Program; ‘‘(II) obtain the support of the appropriate of- the fiscal year. and ficials of the agencies and authorities in achiev- ‘‘(5) NON-FEDERAL SHARE.—An implementa- ‘‘(B) offer technical assistance and assistance ing the objectives of the Chesapeake Bay Agree- tion grant under this subsection shall be made grants under subsection (d) to local governments ment; and on the condition that non-Federal sources pro- and nonprofit organizations and individuals in ‘‘(v) implementing outreach programs for pub- vide the remainder of the costs of implementing the Chesapeake Bay region to implement— lic information, education, and participation to the management mechanisms during the fiscal ‘‘(i) cooperative tributary basin strategies that foster stewardship of the resources of the Chesa- year. address the water quality and living resource peake Bay. ‘‘(6) ADMINISTRATIVE COSTS.—Administrative needs in the Chesapeake Bay ecosystem; and ‘‘(c) INTERAGENCY AGREEMENTS.—The Admin- costs shall not exceed 10 percent of the annual ‘‘(ii) locally based protection and restoration istrator may enter into an interagency agree- grant award. programs or projects within a watershed that ment with a Federal agency to carry out this ‘‘(7) REPORTING.—On or before October 1 of complement the tributary basin strategies, in- section. each fiscal year, the Administrator shall make cluding the creation, restoration, protection, or ‘‘(d) TECHNICAL ASSISTANCE AND ASSISTANCE available to the public a document that lists and enhancement of habitat associated with the GRANTS.— describes, in the greatest practicable degree of Chesapeake Bay ecosystem. ‘‘(1) IN GENERAL.—In cooperation with the detail— ‘‘(h) STUDY OF CHESAPEAKE BAY PROGRAM.— Chesapeake Executive Council, the Adminis- ‘‘(A) all projects and activities funded for the ‘‘(1) IN GENERAL.—Not later than April 22, trator may provide technical assistance, and as- fiscal year; 2000, and every 5 years thereafter, the Adminis- sistance grants, to nonprofit organizations, ‘‘(B) the goals and objectives of projects fund- trator, in coordination with the Chesapeake Ex- State and local governments, colleges, univer- ed for the previous fiscal year; and ecutive Council, shall complete a study and sub- sities, and interstate agencies to achieve the ‘‘(C) the net benefits of projects funded for mit to Congress a comprehensive report on the goals and requirements contained in subsection previous fiscal years. results of the study. (g)(1), subject to such terms and conditions as ‘‘(f) FEDERAL FACILITIES AND BUDGET CO- ‘‘(2) REQUIREMENTS.—The study and report the Administrator considers appropriate. ORDINATION.— shall— ‘‘(2) FEDERAL SHARE.— ‘‘(1) SUBWATERSHED PLANNING AND RESTORA- ‘‘(A) assess the state of the Chesapeake Bay ‘‘(A) IN GENERAL.—Except as provided in sub- TION.—A Federal agency that owns or operates paragraph (B), the Federal share of an assist- a facility (as defined by the Administrator) ecosystem; ance grant provided under paragraph (1) shall within the Chesapeake Bay watershed shall ‘‘(B) compare the current state of the Chesa- be determined by the Administrator in accord- participate in regional and subwatershed plan- peake Bay ecosystem with its state in 1975, 1985, ance with guidance issued by the Administrator. ning and restoration programs. and 1995; ‘‘(B) SMALL WATERSHED GRANTS PROGRAM.— ‘‘(2) COMPLIANCE WITH AGREEMENT.—The ‘‘(C) assess the effectiveness of management The Federal share of an assistance grant pro- head of each Federal agency that owns or occu- strategies being implemented on the date of the vided under paragraph (1) to carry out an im- pies real property in the Chesapeake Bay water- enactment of this section and the extent to plementing activity under subsection (g)(2) shall shed shall ensure that the property, and actions which the priority needs are being met; not exceed 75 percent of eligible project costs, as taken by the agency with respect to the prop- ‘‘(D) make recommendations for the improved determined by the Administrator. erty, comply with the Chesapeake Bay Agree- management of the Chesapeake Bay Program ei- ‘‘(3) NON-FEDERAL SHARE.—An assistance ment, the Federal Agencies Chesapeake Eco- ther by strengthening strategies being imple- grant under paragraph (1) shall be provided on system Unified Plan, and any subsequent agree- mented on the date of the enactment of this sec- the condition that non-Federal sources provide ments and plans. tion or by adopting new strategies; and the remainder of eligible project costs, as deter- ‘‘(3) BUDGET COORDINATION.— ‘‘(E) be presented in such a format as to be mined by the Administrator. ‘‘(A) IN GENERAL.—As part of the annual readily transferable to and usable by other wa- ‘‘(4) ADMINISTRATIVE COSTS.—Administrative budget submission of each Federal agency with tershed restoration programs. costs shall not exceed 10 percent of the annual projects or grants related to restoration, plan- ‘‘(i) SPECIAL STUDY OF LIVING RESOURCE RE- grant award. ning, monitoring, or scientific investigation of SPONSE.— ‘‘(e) IMPLEMENTATION AND MONITORING the Chesapeake Bay ecosystem, the head of the ‘‘(1) IN GENERAL.—Not later than 180 days GRANTS.— agency shall submit to the President a report after the date of the enactment of this section, ‘‘(1) IN GENERAL.—If a signatory jurisdiction that describes plans for the expenditure of the the Administrator shall commence a 5-year spe- has approved and committed to implement all or funds under this section. cial study with full participation of the sci- substantially all aspects of the Chesapeake Bay ‘‘(B) DISCLOSURE TO THE COUNCIL.—The head entific community of the Chesapeake Bay to es- Agreement, on the request of the chief executive of each agency referred to in subparagraph (A) tablish and expand understanding of the re- of the jurisdiction, the Administrator— shall disclose the report under that subpara- sponse of the living resources of the Chesapeake ‘‘(A) shall make a grant to the jurisdiction for graph with the Chesapeake Executive Council Bay ecosystem to improvements in water quality the purpose of implementing the management as appropriate. that have resulted from investments made mechanisms established under the Chesapeake ‘‘(g) CHESAPEAKE BAY PROGRAM.— through the Chesapeake Bay Program. Bay Agreement, subject to such terms and con- ‘‘(1) MANAGEMENT STRATEGIES.—The Adminis- ‘‘(2) REQUIREMENTS.—The study shall— ditions as the Administrator considers appro- trator, in coordination with other members of ‘‘(A) determine the current status and trends priate; and the Chesapeake Executive Council, shall ensure of living resources, including grasses, benthos, ‘‘(B) may make a grant to a signatory juris- that management plans are developed and im- phytoplankton, zooplankton, fish, and shellfish; diction for the purpose of monitoring the Chesa- plementation is begun by signatories to the ‘‘(B) establish to the extent practicable the peake Bay ecosystem. Chesapeake Bay Agreement to achieve— rates of recovery of the living resources in re- ‘‘(2) PROPOSALS.— ‘‘(A) the nutrient goals of the Chesapeake sponse to improved water quality condition; ‘‘(A) IN GENERAL.—A signatory jurisdiction Bay Agreement for the quantity of nitrogen and ‘‘(C) evaluate and assess interactions of spe- described in paragraph (1) may apply for a phosphorus entering the Chesapeake Bay and cies, with particular attention to the impact of grant under this subsection for a fiscal year by its watershed; changes within and among trophic levels; and

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00091 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.061 pfrm04 PsN: S05PT2 S10024 CONGRESSIONAL RECORD — SENATE October 5, 2000 ‘‘(D) recommend management actions to opti- lic agencies of the State of Florida or Monroe within the process for granting watershed gen- mize the return of a healthy and balanced eco- County for the planning and construction of eral permits, a system for trading nitrogen cred- system in response to improvements in the qual- treatment works to improve water quality in the its and any other measures that are cost-effec- ity and character of the waters of the Chesa- Florida Keys National Marine Sanctuary. tive and consistent with the goals of the Plan’’ peake Bay. ‘‘(b) CRITERIA FOR PROJECTS.—In applying for before the semicolon at the end. ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— a grant for a project under subsection (a), an SEC. 503. ASSISTANCE FOR DISTRESSED COMMU- There is authorized to be appropriated to carry applicant shall demonstrate that— NITIES. out this section $30,000,000 for each of fiscal ‘‘(1) the applicant has completed adequate Section 119 of the Federal Water Pollution years 2000 through 2005.’’. planning and design activities for the project; Control Act (33 U.S.C. 1269) is amended— SEC. 204. SENSE OF THE CONGRESS; REQUIRE- ‘‘(2) the applicant has completed a financial (1) by redesignating subsection (e) as sub- MENT REGARDING NOTICE. plan identifying sources of non-Federal funding section (f); and (a) PURCHASE OF AMERICAN-MADE EQUIPMENT for the project; (2) by inserting after subsection (d) the fol- AND PRODUCTS.—In the case of any equipment ‘‘(3) the project complies with— lowing: or products that may be authorized to be pur- ‘‘(A) applicable growth management ordi- ‘‘(e) ASSISTANCE TO DISTRESSED COMMU- chased with financial assistance provided under nances of Monroe County, Florida; NITIES.— section 117 of the Federal Water Pollution Con- ‘‘(B) applicable agreements between Monroe ‘‘(1) ELIGIBLE COMMUNITIES.— trol Act (33 U.S.C. 1267), it is the sense of the County, Florida, and the State of Florida to ‘‘(A) STATES TO DETERMINE CRITERIA.—For the Congress that entities receiving such assistance manage growth in Monroe County, Florida; and purposes of this subsection, a distressed commu- should, in expending the assistance, purchase ‘‘(C) applicable water quality standards; and nity is any community that meets affordability only American-made equipment and products. ‘‘(4) the project is consistent with the master criteria established by the State in which the (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In wastewater and stormwater plans for Monroe community is located, if such criteria are devel- providing financial assistance under section 117 County, Florida. oped after public review and comment. of the Federal Water Pollution Control Act, the ‘‘(c) CONSIDERATION.—In selecting projects to ‘‘(B) CONSIDERATION OF IMPACT ON WATER head of each Federal agency shall provide to receive grants under subsection (a), the Admin- AND SEWER RATES.—In determining if a commu- each recipient of the assistance a notice describ- istrator shall consider whether a project will nity is a distressed community for the purposes ing the statement made in subsection (a) by have substantial water quality benefits relative of this subsection, the State shall consider the Congress. to other projects under consideration. extent to which the rate of growth of a commu- (c) NOTICE OF REPORT.—Any entity which re- ‘‘(d) CONSULTATION.—In carrying out this sec- nity’s tax base has been historically slow such ceives funds under section 117 of the Federal tion, the Administrator shall consult with— that implementing the plan described in sub- Water Pollution Control Act shall report any ex- ‘‘(1) the Water Quality Steering Committee es- section (c)(1) would result in a significant in- penditures on foreign-made items to Congress tablished under section 8(d)(2)(A) of the Florida crease in any water or sewer rate charged by the within 180 days of the expenditure. Keys National Marine Sanctuary and Protec- community’s publicly-owned wastewater treat- tion Act (106 Stat. 5054); ment facility. TITLE III—NATIONAL ESTUARY PROGRAM ‘‘(2) the South Florida Ecosystem Restoration ‘‘(C) INFORMATION TO ASSIST STATES.—The SEC. 301. ADDITIONS TO NATIONAL ESTUARY Task Force established by section 528(f) of the Administrator may publish information to assist PROGRAM. Water Resources Development Act of 1996 (110 States in establishing affordability criteria Section 320(a)(2)(B) of the Federal Water Pol- Stat. 3771–3773); under subparagraph (A). lution Control Act (33 U.S.C. 1330(a)(2)(B)) is ‘‘(3) the Commission on the Everglades estab- ‘‘(2) REVOLVING LOAN FUNDS.— amended by inserting ‘‘Lake Ponchartrain lished by executive order of the Governor of the ‘‘(A) LOAN SUBSIDIES.—Subject to subpara- Basin, Louisiana and Mississippi; Mississippi State of Florida; and graph (B), any State making a loan to a dis- Sound, Mississippi;’’ before ‘‘and Peconic Bay, ‘‘(4) other appropriate State and local govern- tressed community from a revolving fund under New York.’’. ment officials. title VI for the purpose of assisting the imple- SEC. 302. GRANTS. ‘‘(e) NON-FEDERAL SHARE.—The non-Federal mentation of the plan described in subsection Section 320(g) of the Federal Water Pollution share of the cost of a project carried out using (c)(1) may provide additional subsidization (in- Control Act (33 U.S.C. 1330(g)) is amended by amounts from grants made under subsection (a) cluding forgiveness of principal). striking paragraphs (2) and (3) and inserting shall not be less than 25 percent. ‘‘(B) TOTAL AMOUNT OF SUBSIDIES.—For each the following: ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— fiscal year, the total amount of loan subsidies ‘‘(2) PURPOSES.—Grants under this subsection There is authorized to be appropriated to the made by a State under subparagraph (A) may shall be made to pay for activities necessary for Administrator to carry out this section— not exceed 30 percent of the amount of the cap- the development and implementation of a com- ‘‘(1) $32,000,000 for fiscal year 2001; italization grant received by the State for the prehensive conservation and management plan ‘‘(2) $31,000,000 for fiscal year 2002; and year. under this section. ‘‘(3) $50,000,000 for each of fiscal years 2003 ‘‘(3) PRIORITY.—In making assistance avail- ‘‘(3) FEDERAL SHARE.—The Federal share of a through 2005. able under this section for the upgrading of grant to any person (including a State, inter- Such sums shall remain available until ex- wastewater treatment facilities, a State may give state, or regional agency or entity) under this pended.’’. priority to a distressed community.’’. subsection for a fiscal year— SEC. 403. SENSE OF THE CONGRESS; REQUIRE- SEC. 504. REAUTHORIZATION OF APPROPRIA- ‘‘(A) shall not exceed— MENT REGARDING NOTICE. TIONS. ‘‘(i) 75 percent of the annual aggregate costs (a) PURCHASE OF AMERICAN-MADE EQUIPMENT Section 119(f) of the Federal Water Pollution of the development of a comprehensive conserva- AND PRODUCTS.—In the case of any equipment Control Act (as redesignated by section 503 of tion and management plan; and or products that may be authorized to be pur- this Act) is amended— ‘‘(ii) 50 percent of the annual aggregate costs chased with financial assistance provided under (1) in paragraph (1) by striking ‘‘1991 through of the implementation of the plan; and this title (including any amendment made by 2001’’ and inserting ‘‘2000 through 2003’’; and ‘‘(B) shall be made on condition that the non- this title), it is the sense of the Congress that en- (2) in paragraph (2) by striking ‘‘not to exceed Federal share of the costs are provided from tities receiving such assistance should, in ex- $3,000,000 for each of the fiscal years 1991 non-Federal sources.’’. pending the assistance, purchase only Amer- through 2001’’ and inserting ‘‘not to exceed SEC. 303. AUTHORIZATION OF APPROPRIATIONS. ican-made equipment and products. $80,000,000 for each of fiscal years 2000 through Section 320(i) of the Federal Water Pollution (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In 2003’’. Control Act (33 U.S.C. 1330(i)) is amended by providing financial assistance under this title TITLE VI—LAKE PONTCHARTRAIN BASIN striking ‘‘$12,000,000 per fiscal year for each of (including any amendment made by this title), RESTORATION fiscal years 1987, 1988, 1989, 1990, and 1991’’ and the head of each Federal agency shall provide SEC. 601. SHORT TITLE. inserting ‘‘$50,000,000 for each of fiscal years to each recipient of the assistance a notice de- This title may be cited as the ‘‘Lake Pont- 2000 through 2004’’. scribing the statement made in subsection (a) by chartrain Basin Restoration Act of 2000’’. Congress. TITLE IV—FLORIDA KEYS WATER QUALITY SEC. 602. NATIONAL ESTUARY PROGRAM. (c) NOTICE OF REPORT.—Any entity which re- SEC. 401. SHORT TITLE. (a) FINDING.—Congress finds that the Lake ceives funds under this title shall report any ex- This title may be cited as the ‘‘Florida Keys Ponchartrain Basin is an estuary of national penditures on foreign-made items to Congress Water Quality Improvements Act of 2000’’. significance. within 180 days of the expenditure. SEC. 402. FLORIDA KEYS WATER QUALITY IM- (b) ADDITION TO NATIONAL ESTUARY PRO- PROVEMENTS. TITLE V—LONG ISLAND SOUND GRAM.—Section 320(a)(2)(B) of the Federal Title I of the Federal Water Pollution Control RESTORATION Water Pollution Control Act (33 U.S.C. Act (33 U.S.C. 1251 et seq.) is amended by add- SEC. 501. SHORT TITLE. 1330(a)(2)(B)) is further amended by inserting ing at the end the following: This title may be cited as the ‘‘Long Island ‘‘Lake Ponchartrain Basin, Louisiana and Mis- ‘‘SEC. 121. FLORIDA KEYS. Sound Restoration Act’’. sissippi;’’ before ‘‘and Peconic Bay, New ‘‘(a) IN GENERAL.—Subject to the requirements SEC. 502. NITROGEN CREDIT TRADING SYSTEM York.’’. of this section, the Administrator may make AND OTHER MEASURES. SEC. 603. LAKE PONTCHARTRAIN BASIN. grants to the Florida Keys Aqueduct Authority, Section 119(c)(1) of the Federal Water Pollu- Title I of the Federal Water Pollution Control appropriate agencies of municipalities of Mon- tion Control Act (33 U.S.C. 1269(c)(1)) is amend- Act (33 U.S.C. 1251 et seq.) is further amended roe County, Florida, and other appropriate pub- ed by inserting ‘‘, including efforts to establish, by adding at the end the following:

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00092 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.061 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10025 ‘‘SEC. 122. LAKE PONTCHARTRAIN BASIN. water resource development agencies (including or reasonably anticipated future water supply ‘‘(a) ESTABLISHMENT OF RESTORATION PRO- water management districts and water supply needs that cannot be met by existing water sup- GRAM.—The Administrator shall establish with- authorities), local government agencies, private plies, as identified in a comprehensive statewide in the Environmental Protection Agency the utilities, and nonprofit entities for alternative or regional water supply plan or assessment pro- Lake Pontchartrain Basin Restoration Program. water source projects to meet critical water sup- jected over a planning period of at least 20 ‘‘(b) PURPOSE.—The purpose of the program ply needs. years. shall be to restore the ecological health of the ‘‘(b) ELIGIBLE ENTITY.—The Administrator ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— Basin by developing and funding restoration may make grants under this section to an entity There is authorized to be appropriated to carry projects and related scientific and public edu- only if the entity has authority under State law out this section $75,000,000 for each of fiscal cation projects. to develop or provide water for municipal, in- years 2000 through 2004. Such sums shall remain ‘‘(c) DUTIES.—In carrying out the program, dustrial, and agricultural uses in an area of the available until expended.’’. the Administrator shall— State that is experiencing critical water supply SEC. 703. SENSE OF THE CONGRESS; REQUIRE- ‘‘(1) provide administrative and technical as- needs. MENT REGARDING NOTICE. sistance to a management conference convened ‘‘(c) SELECTION OF PROJECTS.— (a) PURCHASE OF AMERICAN-MADE EQUIPMENT for the Basin under section 320; ‘‘(1) LIMITATION.—A project that has received AND PRODUCTS.—In the case of any equipment ‘‘(2) assist and support the activities of the funds under the reclamation and reuse program or products that may be authorized to be pur- management conference, including the imple- conducted under the Reclamation Projects Au- chased with financial assistance provided under mentation of recommendations of the manage- thorization and Adjustment Act of 1992 (43 this title (including any amendment made by ment conference; U.S.C. 390h et seq.) shall not be eligible for this title), it is the sense of the Congress that en- ‘‘(3) support environmental monitoring of the grant assistance under this section. tities receiving such assistance should, in ex- Basin and research to provide necessary tech- ‘‘(2) ADDITIONAL CONSIDERATION.—In making pending the assistance, purchase only Amer- nical and scientific information; grants under this section, the Administrator ican-made equipment and products. ‘‘(4) develop a comprehensive research plan to shall consider whether the project is located (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In address the technical needs of the program; ‘‘(5) coordinate the grant, research, and plan- within the boundaries of a State or area referred providing financial assistance under this title ning programs authorized under this section; to in section 1 of the Reclamation Act of June (including any amendment made by this title), and 17, 1902 (32 Stat. 385), and within the geographic the head of each Federal agency shall provide ‘‘(6) collect and make available to the public scope of the reclamation and reuse program con- to each recipient of the assistance a notice de- publications, and other forms of information the ducted under the Reclamation Projects Author- scribing the statement made in subsection (a) by management conference determines to be appro- ization and Adjustment Act of 1992 (43 U.S.C. Congress. priate, relating to the environmental quality of 390h et seq.). (c) NOTICE OF REPORT.—Any entity which re- the Basin. ‘‘(d) COMMITTEE RESOLUTION PROCEDURE.— ceives funds under this title shall report any ex- ‘‘(d) GRANTS.—The Administrator may make ‘‘(1) IN GENERAL.—No appropriation shall be penditures on foreign-made items to Congress grants— made for any alternative water source project within 180 days of the expenditure. ‘‘(1) for restoration projects and studies rec- under this section, the total Federal cost of TITLE VIII—CLEAN LAKES ommended by a management conference con- which exceeds $3,000,000, if such project has not SEC. 801. GRANTS TO STATES. vened for the Basin under section 320; been approved by a resolution adopted by the Section 314(c)(2) of the Federal Water Pollu- ‘‘(2) for public education projects rec- Committee on Transportation and Infrastruc- tion Control Act (33 U.S.C. 1324(c)(2)) is amend- ommended by the management conference; and ture of the House of Representatives or the Com- ed by striking ‘‘$50,000,000’’ the first place it ap- ‘‘(3) for the inflow and infiltration project mittee on Environment and Public Works of the pears and all that follows through ‘‘1990’’ and sponsored by the New Orleans Sewerage and Senate. inserting ‘‘$50,000,000 for each of fiscal years Water Board and Jefferson Parish, Louisiana. ‘‘(2) REQUIREMENTS FOR SECURING CONSIDER- 2001 through 2005’’. ‘‘(e) DEFINITIONS.—In this section, the fol- ATION.—For purposes of securing consideration SEC. 802. DEMONSTRATION PROGRAM. lowing definitions apply: of approval under paragraph (1), the Adminis- Section 314(d) of the Federal Water Pollution ‘‘(1) BASIN.—The term ‘Basin’ means the Lake trator shall provide to a committee referred to in Pontchartrain Basin, a 5,000 square mile water- Control Act (33 U.S.C. 1324(d)) is amended— paragraph (1) such information as the com- (1) in paragraph (2) by inserting ‘‘Otsego shed encompassing 16 parishes in the State of mittee requests and the non-Federal sponsor Lake, New York; Oneida Lake, New York; Louisiana and four counties in the State of Mis- shall provide to the committee information on Raystown Lake, Pennsylvania; Swan Lake, sissippi. the costs and relative needs for the alternative Itasca County, Minnesota;’’ after ‘‘Sauk Lake, ‘‘(2) PROGRAM.—The term ‘program’ means water source project. the Lake Pontchartrain Basin Restoration Pro- Minnesota;’’; ‘‘(e) USES OF GRANTS.—Amounts from grants (2) in paragraph (3) by striking ‘‘By’’ and in- gram established under subsection (a). received under this section may be used for engi- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— serting ‘‘Notwithstanding section 3003 of the neering, design, construction, and final testing Federal Reports Elimination and Sunset Act of ‘‘(1) IN GENERAL.—There is authorized to be of alternative water source projects designed to appropriated— 1995 (31 U.S.C. 1113 note; 109 Stat. 734–736), by’’; meet critical water supply needs. Such amounts and ‘‘(A) $100,000,000 for the inflow and infiltra- may not be used for planning, feasibility studies tion project sponsored by the New Orleans Sew- (3) in paragraph (4)(B)(i) by striking or for operation, maintenance, replacement, re- ‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’. erage and Water Board and Jefferson Parish, pair, or rehabilitation. SEC. 803. SENSE OF THE CONGRESS; REQUIRE- Louisiana; and ‘‘(f) COST SHARING.—The Federal share of the ‘‘(B) $5,000,000 for each of fiscal years 2001 MENT REGARDING NOTICE. eligible costs of an alternative water source through 2005 to carry out this section. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT project carried out using assistance made avail- Such sums shall remain available until ex- AND PRODUCTS.—In the case of any equipment able under this section shall not exceed 50 per- pended. or products that may be authorized to be pur- ‘‘(2) PUBLIC EDUCATION PROJECTS.—Not more cent. chased with financial assistance provided under that 15 percent of the amount appropriated pur- ‘‘(g) REPORTS.— this title (including any amendment made by ‘‘(1) REPORTS TO ADMINISTRATOR.—Each re- suant to paragraph (1)(B) in a fiscal year may this title), it is the sense of the Congress that en- cipient of a grant under this section shall sub- be expended on grants for public education tities receiving such assistance should, in ex- mit to the Administrator, not later than 18 projects under subsection (d)(2).’’. pending the assistance, purchase only Amer- months after the date of receipt of the grant and ican-made equipment and products. SEC. 604. SENSE OF THE CONGRESS. biennially thereafter until completion of the al- It is the sense of the Congress that all recipi- (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In ternative water source project funded by the ents of grants pursuant to this title shall abide providing financial assistance under this title grant, a report on eligible activities carried out by the Buy American Act. The Administrator of (including any amendment made by this title), by the grant recipient using amounts from the the Environmental Protection Agency shall give the head of each Federal agency shall provide grant. notice of the Buy American Act requirements to to each recipient of the assistance a notice de- ‘‘(2) REPORT TO CONGRESS.—On or before Sep- scribing the statement made in subsection (a) by grant applicants. tember 30, 2005, the Administrator shall transmit TITLE VII—ALTERNATIVE WATER Congress. to Congress a report on the progress made to- (c) NOTICE OF REPORT.—Any entity which re- SOURCES ward meeting the critical water supply needs of ceives funds under this title shall report any ex- SEC. 701. SHORT TITLE. the grant recipients under this section. penditures on foreign-made items to Congress This title may be cited as the ‘‘Alternative ‘‘(h) DEFINITIONS.—In this section, the fol- within 180 days of expenditure. Water Sources Act of 2000’’. lowing definitions apply: TITLE IX—MISSISSIPPI SOUND SEC. 702. GRANTS FOR ALTERNATIVE WATER ‘‘(1) ALTERNATIVE WATER SOURCE PROJECT.— SOURCE PROJECTS. The term ‘alternative water source project’ RESTORATION Title II of the Federal Water Pollution Control means a project designed to provide municipal, SEC. 901. SHORT TITLE. Act (33 U.S.C. 1281 et seq.) is amended by add- industrial, and agricultural water supplies in an This title may be cited as the ‘‘Mississippi ing at the end the following: environmentally sustainable manner by con- Sound Restoration Act of 2000’’. ‘‘SEC. 220. GRANTS FOR ALTERNATIVE WATER serving, managing, reclaiming, or reusing water SEC. 902. NATIONAL ESTUARY PROGRAM. SOURCE PROJECTS. or wastewater or by treating wastewater. (a) FINDING.—Congress finds that the Mis- ‘‘(a) IN GENERAL.—The Administrator may ‘‘(2) CRITICAL WATER SUPPLY NEEDS.—The sissippi Sound is an estuary of national signifi- make grants to State, interstate, and intrastate term ‘critical water supply needs’ means existing cance.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00093 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.061 pfrm04 PsN: S05PT2 S10026 CONGRESSIONAL RECORD — SENATE October 5, 2000

(b) ADDITION TO NATIONAL ESTUARY PRO- SEC. 1003. DEFINITIONS. (2) TERMS.—Any contract under this sub- GRAM.—Section 320(a)(2)(B) of the Federal In this title, the following definitions apply: section shall provide, at a minimum, for the fol- Water Pollution Control Act (33 U.S.C. (1) ADMINISTRATOR.—The term ‘‘Adminis- lowing: 1330(a)(2)(B)) is further amended by inserting trator’’ means the Administrator of the Environ- (A) Transportation of the advanced primary ‘‘Mississippi Sound, Mississippi;’’ before ‘‘and mental Protection Agency. effluent from the IWTP to the Mexican facility Peconic Bay, New York.’’. (2) COMMISSION.—The term ‘‘Commission’’ for secondary treatment. SEC. 903. MISSISSIPPI SOUND. means the United States section of the Inter- (B) Treatment of the advanced primary efflu- Title I of the Federal Water Pollution Control national Boundary and Water Commission, ent from the IWTP to the secondary treatment Act (33 U.S.C. 1251 et seq.) is further amended United States and Mexico. level in compliance with water quality laws of by adding at the end the following: (3) IWTP.—The term ‘‘IWTP’’ means the the United States, California, and Mexico. South Bay International Wastewater Treatment ‘‘SEC. 123. MISSISSIPPI SOUND. (C) Return conveyance from the Mexican fa- Plant constructed under the provisions of the cility of any such treated effluent that cannot ‘‘(a) ESTABLISHMENT OF RESTORATION PRO- Federal Water Pollution Control Act (33 U.S.C. be reused in either Mexico or the United States GRAM.—The Administrator shall establish with- 1251 et seq.), section 510 of the Water Quality in the Environmental Protection Agency the to the South Bay Ocean Outfall for discharge Act of 1987 (101 Stat. 80–82), and Treaty Minutes Mississippi Sound Restoration Program. into the Pacific Ocean in compliance with water to the Treaty for the Utilization of Waters of the ‘‘(b) PURPOSE.—The purpose of the program quality laws of the United States and Cali- shall be to restore the ecological health of the Colorado and Tijuana Rivers and of the Rio fornia. Sound, including barrier islands, coastal wet- Grande, dated February 3, 1944. (D) Subject to the requirements of subsection ECONDARY TREATMENT.—The term ‘‘sec- lands, keys, and reefs, by developing and fund- (4) S (a), additional sewage treatment capacity that ondary treatment’’ has the meaning such term ing restoration projects and related scientific provides for advanced primary and secondary has under the Federal Water Pollution Control and public education projects and by coordi- treatment of sewage described in subsection Act and its implementing regulations. nating efforts among Federal, State, and local (a)(1)(B) in addition to the capacity required to (5) SECRETARY.—The term ‘‘Secretary’’ means governmental agencies and nonregulatory orga- treat the advanced primary effluent from the the Secretary of State. nizations. IWTP. (6) MEXICAN FACILITY.—The term ‘‘Mexican ‘‘(c) DUTIES.—In carrying out the program, (E) A contract term of 30 years. facility’’ means a proposed public-private waste- the Administrator shall— (F) Arrangements for monitoring, verification, ‘‘(1) provide administrative and technical as- water treatment facility to be constructed and and enforcement of compliance with United sistance to a management conference convened operated under this title within Mexico for the States, California, and Mexican water quality for the Sound under section 320; purpose of treating sewage flows generated standards. ‘‘(2) assist and support the activities of the within Mexico, which flows impact the surface (G) Arrangements for the disposal and use of management conference, including the imple- waters, health, and safety of the United States sludge, produced from the IWTP and the Mexi- mentation of recommendations of the manage- and Mexico. can facility, at a location or locations in Mex- ment conference; (7) MGD.—The term ‘‘mgd’’ means million gal- ico. ‘‘(3) support environmental monitoring of the lons per day. (H) Payment of fees by the Commission to the Sound and research to provide necessary tech- SEC. 1004. ACTIONS TO BE TAKEN BY THE COM- owner of the Mexican facility for sewage treat- nical and scientific information; MISSION AND THE ADMINISTRATOR. ment services with the annual amount payable ‘‘(4) develop a comprehensive research plan to (a) SECONDARY TREATMENT.— to reflect all agreed upon costs associated with address the technical needs of the program; (1) IN GENERAL.—Subject to the negotiation the development, financing, construction, oper- ‘‘(5) coordinate the grant, research, and plan- and conclusion of a new Treaty Minute or the ation, and maintenance of the Mexican facility. ning programs authorized under this section; amendment of Treaty Minute 283 under section (I) Provision for the transfer of ownership of and 1005 of this Act, and notwithstanding section the Mexican facility to the United States, and ‘‘(6) collect and make available to the public 510(b)(2) of the Water Quality Act of 1987 (101 provision for a cancellation fee by the United publications, and other forms of information the Stat. 81), the Commission is authorized and di- States to the owner of the Mexican facility, if management conference determines to be appro- rected to provide for the secondary treatment of the Commission fails to perform its obligations priate, relating to the environmental quality of a total of not more than 50 mgd in Mexico— under the contract. The cancellation fee shall be the Sound. (A) of effluent from the IWTP if such treat- in amounts declining over the term of the con- ‘‘(d) GRANTS.—The Administrator may make ment is not provided for at a facility in the tract anticipated to be sufficient to repay con- grants— United States; and struction debt and other amounts due to the ‘‘(1) for restoration projects and studies rec- (B) of additional sewage emanating from the owner that remain unamortized due to early ter- ommended by a management conference con- Tijuana River area, Mexico. mination of the contract. vened for the Sound under section 320; and (2) ADDITIONAL AUTHORITY.—Subject to the (J) Provision for the transfer of ownership of ‘‘(2) for public education projects rec- results of the comprehensive plan developed the Mexican facility to the United States, with- ommended by the management conference. under subsection (b) revealing a need for addi- out a cancellation fee, if the owner of the Mexi- ‘‘(e) DEFINITIONS.—In this section, the fol- tional secondary treatment capacity in the San can facility fails to perform the obligations of lowing definitions apply: Diego-Tijuana border region and recommending the owner under the contract. ‘‘(1) SOUND.—The term ‘Sound’ means the the provision of such capacity in Mexico, the (K) To the extent practicable, the use of com- Mississippi Sound located on the Gulf Coast of Commission may provide not more than an addi- petitive procedures by the owner of the Mexican the State of Mississippi. tional 25 mgd of secondary treatment capacity facility in the procurement of property or serv- ‘‘(2) PROGRAM.—The term ‘program’ means in Mexico for treatment described in paragraph ices for the engineering, construction, and oper- the Mississippi Sound Restoration Program es- (1). ation and maintenance of the Mexican facility. tablished under subsection (a). (b) COMPREHENSIVE PLAN.—Not later than 24 (L) An opportunity for the Commission to re- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— months after the date of the enactment of this view and approve the selection of contractors There is authorized to be appropriated Act, the Administrator shall develop a com- providing engineering, construction, and oper- $10,000,000 to carry out this section. Such sums prehensive plan with stakeholder involvement to ation and maintenance for the Mexican facility. shall remain available until expended.’’. address the transborder sanitation problems in (M) The maintenance by the owner of the SEC. 904. SENSE OF THE CONGRESS. the San Diego-Tijuana border region. The plan Mexican facility of all records (including books, It is the sense of the Congress that all recipi- shall include, at a minimum— documents, papers, reports, and other materials) ents of grants under this title (including amend- (1) an analysis of the long-term secondary necessary to demonstrate compliance with the ments made by this title) shall abide by the Buy treatment needs of the region; terms of this Act and the contract. American Act. The Administrator of the Envi- (2) an analysis of upgrades in the sewage col- (N) Access by the Inspector General of the De- ronmental Protection Agency shall give notice of lection system serving the Tijuana area, Mexico; partment of State or the designee of the Inspec- the Buy American Act requirements to grant ap- and tor General for audit and examination of all plicants under this title. (3) an identification of options, and rec- records maintained pursuant to subparagraph ommendations for preferred options, for addi- (M) to facilitate the monitoring and evaluation TITLE X—TIJUANA RIVER VALLEY tional sewage treatment capacity for future required under subsection (d). ESTUARY AND BEACH CLEANUP flows emanating from the Tijuana River area, (3) LIMITATION.—The Contract Disputes Act SEC. 1001. SHORT TITLE. Mexico. of 1978 (41 U.S.C. 601–613) shall not apply to a This title may be cited as the ‘‘Tijuana River (c) CONTRACT.— contract executed under this section. Valley Estuary and Beach Sewage Cleanup Act (1) IN GENERAL.—Subject to the availability of (d) IMPLEMENTATION.— of 2000’’. appropriations to carry out this subsection and (1) IN GENERAL.—The Inspector General of the SEC. 1002. PURPOSE. notwithstanding any provision of Federal pro- Department of State shall monitor the imple- The purpose of this title is to authorize the curement law, upon conclusion of a new Treaty mentation of any contract entered into under United States to take actions to address com- Minute or the amendment of Treaty Minute 283 this section and evaluate the extent to which prehensively the treatment of sewage emanating under section 5, the Commission may enter into the owner of the Mexican facility has met the from the Tijuana River area, Mexico, that flows a fee-for-services contract with the owner of a terms of this section and fulfilled the terms of untreated or partially treated into the United Mexican facility in order to carry out the sec- the contract. States causing significant adverse public health ondary treatment requirements of subsection (a) (2) REPORT.—The Inspector General shall and environmental impacts. and make payments under such contract. transmit to Congress a report containing the

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00094 Fmt 4624 Sfmt 6333 E:\CR\FM\A05OC6.061 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10027 evaluation under paragraph (1) not later than 2 The PRESIDING OFFICER. The The amendment is as follows: years after the execution of any contract with clerk will report the bill by title. At the appropriate place, insert the fol- the owner of the Mexican facility under this The legislative clerk read as follows: lowing: section, 3 years thereafter, and periodically SEC. . TECHNOLOGY PARTNERSHIPS OMBUDS- after the second report under this paragraph. A bill (S. 3165) to amend the Social Secu- rity Act to make corrections and refine- MAN. SEC. 1005. NEGOTIATION OF NEW TREATY ments in the Medicare, Medicaid, and SCHIP (a) APPOINTMENT OF OMBUDSMAN.—The Sec- MINUTE. health insurance programs, and for other retary of Energy shall direct the director of (a) CONGRESSIONAL STATEMENT.—In light of purposes. each national laboratory of the Department the existing threat to the environment and to of Energy, and may direct the director of public health and safety within the United Mr. MACK. I now ask for its second each facility under the jurisdiction of the States as a result of the river and ocean pollu- reading, and I object to my own re- Department of Energy, to appoint a tech- tion in the San Diego-Tijuana border region, the quest. nology partnership ombudsman to hear and Secretary is requested to give the highest pri- The PRESIDING OFFICER. Objec- help resolve complaints from outside organi- ority to the negotiation and execution of a new tion is heard. zations regarding the policies and actions of Treaty Minute, or a modification of Treaty f each such laboratory or facility with respect Minute 283, consistent with the provisions of to technology partnerships (including coop- this title, in order that the other provisions of MEASURE READ THE FIRST erative research and development agree- this title to address such pollution may be imple- TIME—S. 3173 ments), patents, and technology licensing. mented as soon as possible. (b) QUALIFICATIONS.—An ombudsman ap- (b) NEGOTIATION.— Mr. MACK. Mr. President, I under- pointed under subsection (a) shall be a senior (1) INITIATION.—The Secretary is requested to stand S. 3173 is at the desk, and I ask official of the national laboratory or facility initiate negotiations with Mexico, within 60 for its first reading. who is not involved in day-to-day technology days after the date of the enactment of this Act, The PRESIDING OFFICER. The partnerships, patents, or technology licens- for a new Treaty Minute or a modification of clerk will report the bill by title. ing, or, if appointed from outside the labora- Treaty Minute 283 consistent with the provi- The legislative clerk read as follows: tory of facility, function as such a senior of- sions of this title. ficial. A bill (S. 3173) to improve the implementa- (2) IMPLEMENTATION.—Implementation of a (c) DUTIES.—Each ombudsman appointed tion of the environmental streamlining pro- new Treaty Minute or of a modification of Trea- under subsection (a) shall— ty Minute 283 under this title shall be subject to visions of the Transportation Equity Act for (1) serve as the focal point for assisting the the provisions of the National Environmental the 21st Century. public and industry in resolving complaints Policy Act of 1969 (42 U.S.C. 4321 et seq.). Mr. MACK. I now ask for its second and disputes with the national laboratory or (3) MATTERS TO BE ADDRESSED.—A new Trea- reading, and I object to my own re- facility regarding technology partnerships, ty Minute or a modification of Treaty Minute quest. patents, and technology licensing; 283 under paragraph (1) should address, at a (2) promote the use of collaborative alter- minimum, the following: The PRESIDING OFFICER. Objec- tion is heard. native dispute resolution technique such as (A) The siting of treatment facilities in Mexico mediation to facilitate the speedy and low- and in the United States. f cost resolution of complaints and disputes, (B) Provision for the secondary treatment of MEASURE READ THE FIRST when appropriate; and effluent from the IWTP at a Mexican facility if (3) report quarterly on the number and na- such treatment is not provided for at a facility TIME—H.R. 4292 ture of complaints and disputes raised, along in the United States. Mr. MACK. Mr. President, I under- with the ombudsman’s assessment of their (C) Provision for additional capacity for ad- stand that H.R. 4292 is at the desk, and resolution, consistent with the protection of vanced primary and secondary treatment of ad- I ask for its first reading. confidential and sensitive information, to— ditional sewage emanating from the Tijuana (A) the Secretary; River area, Mexico, in addition to the treatment The PRESIDING OFFICER. The (B) the Administrator for Nuclear Secu- capacity for the advanced primary effluent from clerk will report the bill by title. rity; the IWTP at the Mexican facility. The legislative clerk read as follows: (C) the Director of the Office of Dispute (D) Provision for any and all approvals from A bill (H.R. 4292) to protect infants who are Resolution of the Department of Energy; and Mexican authorities necessary to facilitate born alive. (D) the employees of the Department re- water quality verification and enforcement at sponsible for the administration of the con- the Mexican facility. Mr. MACK. I now ask for its second tract for the operation of each national lab- (E) Any terms and conditions considered nec- reading, and I object to my own re- oratory or facility that is a subject of the re- essary to allow for use in the United States of quest. port, for consideration in the administration treated effluent from the Mexican facility, if The PRESIDING OFFICER. Objec- and review of that contract. there is reclaimed water which is surplus to the tion is heard. Mr. ROCKEFELLER. Senator ED- needs of users in Mexico and such use is con- f WARDS’ amendment establishes a Tech- sistent with applicable United States and Cali- fornia law. TECHNOLOGY TRANSFER nology Partnership Ombudsman at De- (F) Any other terms and conditions considered COMMERCIALIZATION ACT OF 1999 partment of Energy’s National Labora- necessary by the Secretary in order to implement tories. It is my understanding that the the provisions of this title. Mr. MACK. Mr. President, I ask Ombudsman should promote the use of unanimous consent that the Commerce SEC. 1006. AUTHORIZATION OF APPROPRIATIONS. collaborative alternative dispute reso- There are authorized to be appropriated such Committee be discharged from further lution techniques such as mediation to sums as may be necessary to carry out this title. consideration of H.R. 209 and the Sen- facilitate the speedy and low-cost reso- Mr. MACK. Mr. President, I ask ate then proceed to its immediate con- lution of complaints and disputes with unanimous consent that the Senate sideration. industry partners. To ensure fairness disagree with the amendment of the The PRESIDING OFFICER. Without and objectivity, however, it would be House, agree to the request for a con- objection, it is so ordered. the Senator’s intent that nothing in ference, and the Chair be authorized to The clerk will report the bill by title. this Section be interpreted to empower appoint conferees on the part of the The legislative clerk read as follows: the Ombudsman to act as a mediator or Senate. A bill (H.R. 209) to improve the ability of an arbitrator in the process. The PRESIDING OFFICER. Without Federal agencies to license federally-owned Mr. EDWARDS. The Senator’s under- objection, it is so ordered. inventions. standing is correct. That is our inten- The Presiding Officer (Mr. BENNETT) There being no objection, the Senate tion. appointed Mr. SMITH of New Hamp- proceeded to consider the bill. Mr. MACK. Mr. President, I ask shire, Mr. WARNER, Mr. CRAPO, Mr. AMENDMENT NO. 4300 unanimous consent that the amend- BAUCUS, and Mrs. BOXER conferees on Mr. MACK. Mr. President, Senators ment be agreed to, the bill be read a the part of the Senate. EDWARDS, SHELBY, and SESSIONS have third time and passed, as amended, the f an amendment at the desk. motion to reconsider be laid upon the The PRESIDING OFFICER. The table, and any statements relating to MEASURE READ THE FIRST clerk will report. the bill be printed in the RECORD. TIME—S. 3165 The legislative clerk read as follows: The PRESIDING OFFICER. Without Mr. MACK. Mr. President, I under- The Senator from Florida (Mr. MACK) for objection, it is so ordered. stand S. 3165 is at the desk, and I ask Mr. EDWARDS, Mr. SHELBY, and Mr. SESSIONS, The amendment (No. 4300) was agreed for its first reading. proposes an amendment numbered 4300. to.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.061 pfrm04 PsN: S05PT2 S10028 CONGRESSIONAL RECORD — SENATE October 5, 2000 The bill (H.R. 209), as amended, was hearings in the Foreign Relations Com- tion of the victims to testify against passed. mittee on this subject of trafficking. those who have forced them into traf- f At both hearings, we had victims tes- ficking. This will help to bust open the tify to such experiences. At one hear- trafficking rings, which we are going TRAFFICKING VICTIMS PROTEC- ing, we had three women who had been very little of these day. It also pro- TION AND VIOLENCE AGAINST trafficked—all had been tricked into motes awareness programs so that peo- WOMEN traveling to another country believing ple can protect their children and Mr. BROWNBACK. Mr. President, I a good job was waiting on the other themselves from being tricked into want to speak for a few minutes on a side, and once they got there, they forced prostitution. conference report, a bill we have been were forced into prostitution. This is I support the increasing globalization working on all year, including a couple what they were subjected to. One of the trade community, but we also of other provisions that have now been young woman said that once she was have to recognize the problems associ- added. We are ready to move forward moved into the United States, she was ated with globalization. Trafficking with it. That is what the vote will ad- subjected to 30 clients a day, six days a may be among the worst of those prob- dress tomorrow. week. If she refused, she was beaten lems. The United States can be a leader I have put forward this bill on sex without mercy. It is a dark, dark busi- in starting to combat this practice, trafficking with Senator WELLSTONE. ness. thus giving back to young girls all over He and I don’t get together on too In January of this year I was in the world their childhood instead of a many bills, so when we do, it is a bit Nepal. I met with a number of girls death sentence. noteworthy. We come from different who had returned from India, where Associated with this trafficking bill perspectives, different viewpoints. I they were forced to work in the broth- is a bill that Senator BIDEN has worked think we both have good hearts but our els in Bombay. These were young girls, very aggressively on, the Violence heads take us in different directions. frequently from villages, not particu- Against Women Act. This is a reau- But on this subject of stopping sex larly knowledgeable in the ways of the thorization of that bill. These two bills trafficking, we don’t disagree. We have world. They were young and very inno- are being paired, along with other worked together all year to get this cent when the trafficker had taken measures. Senator BIDEN has spoken bill through which challenges this them away. The trafficker had told one passionately and frequently on the practice known as sex trafficking. girl’s parents, ‘‘I can get her a job in a need to deal with domestic violence in Throughout the world, globalization rug factory in Bombay.’’ The family the United States, a very dark and per- has a dark side. We are seeing increas- was poor, they needed income, and vasive tragedy in America. ing numbers of young women, even they believed him. So they agreed, and It recently passed in the House of girls, being trafficked from poorer gave their daughter away to the trader Representatives as a stand alone bill, countries to richer countries into the who forced her into prostitution with only 3 dissenting votes. It is up for reauthorization. VAWA will help prostitution business. They have been against her will. And she had no those women who are suffering from tricked, forced, coerced and defrauded choice. into working as prostitutes against I met girls who had been trafficked some form of domestic violence. It is a their will. There are about 700,000 at age 11, 12, and 13. The girls I saw in good piece of legislation and these two women and girls, according to our Gov- Nepal, in Katmandu, had returned from bills belong together. Also associated with this bill is an ernment’s estimates, being moved each this devastating life. Some had escaped Internet Alcohol provision, as well as a year from poorer countries to richer by running away, though many cannot provision dealing with terrorism, put countries into the prostitution busi- since they are in chains or are locked forward by Senator MACK. It is non- ness. Our Government estimates that away. Others were thrown out by the controversial. Also, in includes a bill approximately 50,000 women and chil- brothel because they had contracted entitled, Amy’s Law, sponsored by Con- dren are trafficked annually into the AIDS or TB. When they returned at the gressman SALMON in the House, and by United States, primarily from Asia and age of 16, 17, or 18, two-thirds of them Senator SANTORUM here in the Senate. Central America. had AIDS and were waiting to die, hav- It ultimately promotes tougher prison This is clearly a terrible practice. ing no proper medicine. sentences for people who have been Many of these are young girls who are As I stood there with the woman who convicted of sex crimes such as rape. tricked and deceived into forced pros- runs this place of restoration for these In summary, the two lead bills in titution believe they are going to a dif- young women, she pointed around the this package separately address sex ferent country for another purpose. For room whispering: She is dying, she is trafficking and violence against women example, those trafficked to the United dying, she is dying. These were girls of and children. I plead with my col- States are promised a job as a dish 17 years old, 16 years old, or younger. leagues to vote for this package. It will washer, or a factory worker. Some- They were people who had had their be up tomorrow morning. This package thing that pays better than the job op- youth stolen from them, were deceived challenges brutal practices suffered by portunities available in their own, or forced into this practice, and then, some of the most defenseless and bat- typically poorer, countries. However, finally, received a death sentence of tered in our society and worldwide. It once the victims get here, there is no AIDS. I saw that. I talked with these will assist people in some of the most decent job waiting for them. Instead, survivors of trafficking. Once you see violent and crushing situations, both the trafficker will take their papers that, you know you have to try to help here and abroad. It will help so many. and passport so that they have no legal to stop this. This is wrong, and this I plead with my colleagues in these identification. Then they are given terrible practice is increasing. It is last hours when people can put up false papers, if any. This begins to pre- happening to 700,000 women and chil- roadblocks to bills. I plead with my pare them for their new life of forced dren, girls, each year worldwide. colleagues to say that they will not prostitution, making it very difficult PAUL WELLSTONE and I worked very block this bill which will help so many to track down and rescue the young hard together. We have a bill that has people who are brutalized, including by woman or girl who has been trapped. gone through the Senate by unanimous sex trafficking. I plead with my col- There is a point very early in this proc- consent which is the most comprehen- leagues, let’s move this package on ess where the trafficker says some- sive bill to combat this practice of sex through. This will clear through the thing like the following to his victim, trafficking. Among other provisions, House by a large vote. It is something ‘‘You are mine and you will do what I this bill substantially increases the we can do for the women and children say. You will work in this brothel as a penalty for trafficking, while pro- in this country as well as worldwide. It prostitute and you have no choice.’’ At tecting those victims who have been is a sensible package. It has been this point, she had become a slave in forced into this awful practice. Pres- worked out by both sides of the polit- one of the most degrading fashions ently, the victims of trafficking are ical spectrum, through both parties. imaginable. treated almost as badly as their en- So, please, let’s do this. Senator WELLSTONE and I heard tes- slaver, but this bill changes that. In- This is something we can all be very timony to this effect. We have had two stead, this bill promotes the coopera- proud of passing as we go home. We can

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.164 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10029 proudly say that we tried to do some- Resolved, That the bill from the Senate (S. health care and support services to HIV thing, as we read increasing stories of 2311) entitled ‘‘An Act to revise and extend positive people around the country. Ti- forced sex trafficking worldwide. We the Ryan White CARE Act programs under tles I and II have provided much needed can say we didn’t look away by passing title XXVI of the Public Health Service Act, relief to cities and states hardest hit to improve access to health care and the by this disease, while Titles III and IV this bill. quality of care under such programs, and to Everybody is not going to like every- provide for the development of increased ca- have had a direct role in providing thing in these bills. But these two lead pacity to provide health care and related healthcare services to underserved issues are so critical and important, support services to individuals and families communities. Ryan White program dol- and time is so short for us to get these with HIV disease, and for other purposes’’, do lars provide the foundation of care so through. Let’s not wait until next ses- pass with amendments. necessary in fighting this epidemic and sion as increasingly more and more Mr. BROWNBACK. I ask unanimous have allowed States and communities girls are being tricked into this prac- consent the Senate agree to the amend- around the country to successfully ad- tice of forced sex trafficking. ments of the House of Representatives. dress the needs of people affected by The United States can step up aware- The PRESIDING OFFICER. Without HIV disease. ness and advocacy, and as we do, gov- objection, it is so ordered. In recent months a number General ernments around the world will do the Mr. JEFFORDS. Mr. President, it Accounting Office studies have shown same. The U.S. has to speak first, how- gives me great pleasure that the Sen- that the CARE Act is providing serv- ever, and this is the bill to do the ate is moving to pass the Ryan White ices and support to people with HIV speaking. Let’s do it now. Comprehensive AIDS Resources and who are most in need and most deserv- As we vote on this tomorrow morn- Emergency Act Amendments of 2000, a ing of our help. The GAO found that ing, I ask my colleagues to vote yes on measure that will reauthorize a na- CARE Act funds are reaching the in- fected groups that have typically been these very important pieces of legisla- tional program providing primary underserved, including the poor, the tion to help children, to help women. health care services to people living uninsured, women, and ethnic minori- These are vital pieces of legislation of with HIV and AIDS. I especially want ties. These groups form a majority of which we can all be proud. to commend Senators HATCH and KEN- CARE Act clients and are being served Mr. President, I understand there NEDY for the leadership they have pro- by the CARE Act in higher proportions may be some more items, so I suggest vided since the inauguration of the leg- islation establishing the Ryan White than their representation in the AIDS the absence of a quorum. population. The GAO also found that The PRESIDING OFFICER. The programs over a decade ago. I also CARE Act funds support a wide array want to commend Senator FRIST whose clerk will call the roll. of primary care and support services, The legislative clerk proceeded to medical expertise played a critical role including the provision of powerful in key provisions of the bill and con- call the roll. therapeutic regimens for people with tinues to be an invaluable resource to Mr. BROWNBACK. Mr. President, I HIV/AIDS that have dramatically re- our efforts on the range of health ask unanimous consent that the order duced AIDS diagnoses and deaths. for the quorum call be rescinded. issues that come before the Senate. I Previous efforts to improve this leg- The PRESIDING OFFICER. Without want to recognize Senator DODD for his islation have led to incredible reduc- objection, it is so ordered. unwavering support for this legislation tions in the number of HIV infected ba- f and people living with HIV and AIDS. bies being born each year and, equally Finally, I want to acknowledge Sen- MAKING TECHNICAL CORRECTIONS important, to increased outreach, ator ENZI’s recognition of the growing counseling, voluntary testing, and TO TITLE X OF THE ENERGY burden that AIDS and HIV have placed POLICY ACT OF 1992 treatment services being provided to on rural communities throughout the women with HIV infection. Between Mr. BROWNBACK. Mr. President, I country and the need to address those 1993 and 1998, perinatal-acquired AIDS ask unanimous consent the Senate now gaps in services. cases declined 74 percent in the U.S. In proceed to the consideration of H.R. It is also important that we recog- this bill, I have continued to support 2641, which is at the desk. nize the dedicated efforts of our col- efforts to reach women in need of care The PRESIDING OFFICER. The leagues in the House of Representa- for their HIV disease and have included clerk will report the bill by title. tives. Chairman BLILEY supported this provisions to ensure that women, in- The assistant legislative clerk read bill through its passage and provided fants and children receive resources in as follows: critical guidance through the negotia- accordance with the prevalence of the A bill (H.R. 2641) to make technical correc- tions. Representatives BILIRAKIS, infection among them. tions to title X of the Energy Policy Act of COBURN, and WAXMAN have dem- The AIDS Drug Assistance Program 1992. onstrated time and time again their has been another critical success. This Without objection, the Senate pro- commitment to people living with program has provided people with HIV ceeded to consider the bill. AIDS and each has worked diligently and AIDS access to newly developed, Mr. BROWNBACK. I ask unanimous to find a compromise to ensure the highly effective therapeutics. Because consent the bill be read the third time continued services for people with HIV/ of these drugs, people are maintaining and passed, the motion to reconsider be AIDS. Representatives BROWN and DIN- their health and living longer. The laid upon the table, and any state- GELL have also played important roles AIDS death rate and the number of ments relating to the bill be printed in in shepherding this bill through the new AIDS cases have been dramati- the RECORD. legislative process. cally reduced. From 1996 to 1998, deaths The PRESIDING OFFICER. Without Since its inception in 1990, the Ryan from AIDS dropped 54 percent while objection, it is so ordered. White program has enjoyed broad bi- new AIDS cases have been reduced by The bill (H.R. 2641) was read the third partisan support. During the last reau- 27 percent. In this reauthorization bill time and passed. thorization of the Ryan White CARE we have improved access for under- f Act in 1996, the measure garnered a served and poor communities and in- vote of 97 to 3 on its final passage. As creased support for services that help RYAN WHITE CARE ACT evidence that strong bipartisan support maximize the impact of these thera- AMENDMENTS OF 2000 continues, I am happy to report that pies. Mr. BROWNBACK. Mr. President, I this reauthorization bill was passed Despite our great success, the Ryan ask unanimous consent the Chair lay unanimously by this Chamber in June White program remains as vital to the before the Senate a message from the of this year. The bipartisan support for public health of this Nation as it was House of Representatives to accom- this important legislation underlines in 1990 and in 1996. While the rate of de- pany S. 2311. the critical need for the assistance this cline in new AIDS cases and deaths is The PRESIDING OFFICER. The Act provides across the Nation. leveling off, HIV infection rates con- clerk will report. With this reauthorization, we mark tinue to rise in many areas; becoming The assistant legislative clerk read the ten years through which the Ryan increasingly prevalent in rural and un- as follows: White CARE Act has provided needed derserved urban areas; and also among

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.148 pfrm04 PsN: S05PT2 S10030 CONGRESSIONAL RECORD — SENATE October 5, 2000 women, youth, and minority commu- ment of this Act. Changes in HIV sur- Health Service Act to ensure that individ- nities. Local and state healthcare sys- veillance and case reporting, and the uals living with HIV and AIDS receive health tems face an increasing burden of dis- effects of these changes on program care and related support services. The legis- lation contains authorization for appropria- ease, despite our success in treating funding, will be included in this study. tions and programmatic changes to ensure and caring for people living with HIV The recommendations from this study the CARE Act programs respond to evolving and AIDS. Rural and underserved will help Congress and the Secretary of demographic trends in the HIV/AIDS epi- urban areas are often unable to address Health and Human Services to ensure demic and advances in treatment and care. the complex medical and support serv- the most effective and efficient use of In March, 1990, Congress enacted the Ryan ices needs of people with HIV infection. Federal funds for HIV and AIDS care White CARE Act, honoring Ryan White, a young man who taught the Nation to re- As the AIDS epidemic continues to ex- and support. spond to the HIV/AIDS epidemic with hope pand into these areas across the coun- I am proud that this bill has pro- and action rather than fear. By the spring of try, this legislation will allow us to gressed through the Congress and that 1990, over 128,000 people had been diagnosed adapt our care systems to meet the we will see this bill become law this with AIDS in the United States and 78,000 most urgent needs in the communities year. The people struggling to over- had died of the disease. The CARE Act was hardest hit by the epidemic. come the challenges of HIV and AIDS reauthorized in 1996, as the epidemic spread The bill being considered today was must continue to benefit from high to more than 600,000 Americans diagnosed with AIDS and amidst the nationwide rec- developed on a bipartisan basis, work- quality medical care and access to life- ognition that CARE Act programs were in- ing with other Committee Members, saving drugs. We have made incredible dispensable to the care and treatment of community stakeholders and elected progress in the fight against HIV/AIDS Americans with HIV/AIDS. officials at the state and local levels and I want to ensure that every person The CARE Act Amendments of 2000 marks from whom we sought input to ensure in America in need of assistance bene- the second reauthorization of the CARE Act. that we addressed the most important fits from our tremendous advances. In the last twenty years, the HIV/AIDS epi- Many groups and individuals have demic has claimed over 420,000 American problems facing communities of people men, women, and children. Today, the Cen- with HIV infection. Finally we have contributed significantly to crafting ters for Disease Control and Prevention esti- worked closely with our colleagues in this bill, but I want to acknowledge mates that there are currently between the House of Representatives to those at the Health Resources and 800,000 and 900,000 persons living with HIV in produce this agreement. This morning, Services Administration. All of the the United States, with 40,000 new infections our colleagues in the House of Rep- groups united under the umbrella of annually. the National Organizations Responding While there is still no cure, the CARE Act resentatives unanimously passed this has been instrumental in responding to the legislation that we have before us. The to AIDS (NORA) deserve recognition. public health, social and economic burdens agreements we have reached with our Representing a diverse community of of the HIV/AIDS epidemic. However, the House colleagues have been fully ex- people with AIDS, CARE Act service steady expansion and changed demographics plained in an Statement of Explanation providers, and administrative agencies, of the epidemic, as well as the improved sur- and I would like unanimous consent NORA clearly and effectively commu- vival time for people living with AIDS, are that this document be printed as part nicated to Congress the needs and pri- placing increasing stress on State and local health care systems, community based orga- of the RECORD. orities of their constituents. nizations and families providing care. Most The PRESIDING OFFICER. Without I also want to thank several staff importantly, the epidemic is expanding be- objection, it is so ordered. members who have worked long and yond major cities to smaller cities and rural (See exhibit 1.) hard to craft this bill and to address regions, and disproportionately affecting This bill will double the minimum the concerns and needs of the affected women, communities of color, children and base funding available to states communities. Stephanie Robinson and youth. The Ryan White CARE Act Amendments of through the CARE Act to assist them Idalia Sanchez, for Senator KENNEDY, 2000 preserves the best and proven features of in developing systems of care for peo- were key to reaching agreement on existing CARE Act programs. But the CARE ple struggling with HIV and AIDS. The this bill and have provided invaluable Act Amendments of 2000 also makes impor- bill also includes a new supplemental assistance and support throughout the tant and substantial reforms to respond to state grant to target assistance to development of this legislation. Dave the significant changes in the HIV/AIDS epi- small and mid-sized metropolitan areas Larson and Mary Sumpter Johnson, of demic of the last 5 years. The Organization of Services Under the to help them address the increasing Senator FRIST’s office, for their sup- CARE Act Amendments of 2000 is as follows: number of people with HIV/AIDS living port for the needs of rural and under- Title I. Emergency Relief for Areas with outside of urban areas that receive as- served communities throughout the na- Substantial Need for Services: Provides sistance under Title I of the Act. Rural tion. Similarly, Jeannie Ireland with emergency relief grants to 51 eligible metro- and underserved areas receive a pref- Senator DODD’s office, Helen Rhee, politan areas (EMAs) disproportionately af- erence for planning, early intervention, working for Senator DEWINE, Libby fected by the HIV epidemic to provide pri- mary care and HIV-related support services and capacity development grants under Rolfe, for Mr. SESSIONS, and Raissa to people with HIV and AIDS. Half of the title III. In order to assist states in ex- Geary and Mary Jordan in Senator Title I funding is distributed by formula; the panding access to appropriate HIV/ ENZI’s office, provided valuable input. remaining half is distributed competitively, AIDS therapeutics to low-income peo- Without the efforts of these staff mem- based on the demonstration of severity of ple with HIV/AIDS, a supplemental bers, we would not have such a strong, need and other criteria. grant has been added to the AIDS Drug well-balanced, and targeted reauthor- Planning Council membership has been re- Assistance Program. ization bill before us today. I want to vised to include HIV prevention providers, The bill remains primarily a system homeless and housing service providers, and also express my gratitude and thanks representatives of prisoners. A third of Plan- of grants to State and local jurisdic- to Bill Baird, Legislative Counsel, who ning Council members must be individuals tions, thereby ensuring that grantees worked tirelessly to craft legislative with HIV/AIDS receiving care who are not can respond to local needs. States, language. Finally, I want to acknowl- officers, employees or consultants to Title I EMAs, and the affected communities edge the contributions of Sean grantees. will still decide how to best prioritize Donohue and William Oscar Fleming of Title II. CARE Grant Program: Provides and address the healthcare needs of formula grants to States, District of Colum- my staff who guidance of this effort bia, Puerto Rico and U.S. Territories to im- their HIV-positive citizens. This bill from the beginning has resulted in a prove the quality of health care and support reinforces the ability of States and bill that enjoys broad bipartisan sup- services for individuals with HIV disease and EMAs to identify and meet local needs. port and which most importantly their families. The funds are used: to provide Finally, in recognition of the chang- meets the pressing needs of people with medical support services, to continue health ing nature of the epidemic, I have HIV and AIDS. insurance payments, to provide home care services, and, through the AIDS Drug Assist- asked the Institute of Medicine to com- EXHIBIT 1 plete a study of the financing and de- ance Programs (ADAP), to provide medica- RYAN WHITE CARE ACT AMENDMENTS OF tions necessary for the care of these individ- livery of primary care and support 2000—MANAGERS’ STATEMENT OF EXPLA- uals. Supplemental formula grants are services for low income, uninsured, and NATION awarded to States with ‘‘emerging commu- under-insured individuals with HIV dis- The Ryan White CARE Act Amendments of nities’’ which are ineligible for grants under ease, within 21 months after the enact- 2000 reauthorize Title XXVI of the Public Title I.

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.152 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10031 Subtitle B provides discretionary grants to the Managers that CARE Act dollars more its losses in any subsequent, nonconsecutive States for the reduction of perinatal trans- closely follow the shifting trends in the local year of decline would once again be limited mission of HIV, and for HIV counseling, test- epidemic and address disparities in health to 2 percent (i.e., the intervening year ing, and outreach to pregnant women. Sub- care access and health outcomes as well as ‘‘resets the clock’’). title C provides discretionary grants to the need for capacity development within The Managers intend to ensure that essen- States for partner notification, counseling the local and State HIV health care infra- tial primary care and support services are and referral services. structures. not compromised by short-term fluctuations Title III. Early Intervention Services: The Managers intend both EMAs and in AIDS case counts. Because no new EMA is Funds nonprofit entitles providing primary States to develop strategies to bring into expected by HRSA’s Bureau of HIV/AIDS to care and outpatient early intervention serv- and retain in care those individuals who are require the hold harmless in the first three ices, including case management, coun- aware of their HIV status but are not receiv- or four years of this reauthorization period, seling, testing, referrals, and clinical and di- ing services. As part of this process, the the Managers expect this policy will shield agnostic services to individuals diagnosed Managers place the highest priority on all eligible areas, save those currently re- with HIV. The unfunded program of State EMAs and States focusing on eliminating quiring the hold harmless, from any mean- formula grants in current law is repealed. disparities in access and services among af- ingful loss in Title I formula funding. Title IV. Other Programs and Activities: fected subpopulations and historically un- Under the Title II holds harmless, a State Provides grants for comprehensive services derserved communities. The Managers recog- or territory may lose no more than 1 percent to children, youth, and women living with nize, however, that the relative availability from the previous fiscal year amounts, or 5 HIV and their families. Such services include or lack of HIV prevalence data will be re- percent over the 5-year reauthorization pe- primary, specialty and psychosocial care, as flected in the scope, goals, timetable and al- riod. This protection extends to base Title II well as HIV outreach and prevention activi- location of funds for implementation of the funding (which excludes funds for AIDS Drug ties. Grantees must demonstrate linkages to, strategy. Assistance Programs (ADAP)), as well as to and provide clients with access and edu- The Managers also expect the Secretary to overall Title II funding. cation on, HIV/AIDS clinical research. collaborate with Titles I and II grant recipi- Women, child, infants, and youth set-aside: Title IV newly authorizes the AIDS Edu- ents and providers to develop epidemiologic The Managers are aware of the rising inci- cation and Training Centers (AETC), a net- measures and tools for use in identifying per- dence of HIV among youth and women, par- work of 14 regional centers conducting clin- sons with HIV infection who know their HIV ticularly women of color, and recognize the ical HIV education and training of health status but are not in care. The Managers rec- challenges in assuring them access to pri- providers, to provide prenatal and gyneco- ognize the difficulty the EMAs and States mary care and support services for HIV and logical care. The HIV/AIDS Dental Reim- may experience in identifying persons with AIDS. The Managers intend to increase the bursement program, covering uncompen- HIV infection who are not in care and who availability of primary care and health-re- sated oral health care for patients with HIV/ may be unknown to any health or social sup- lated supportive services under Title I and AIDS, is expanded to provide community- port system. The efforts on the part of EMAs Title II for each of the four groups described based care in underserved areas. and States to accomplish these important in the set-aside. Youth are added as a new Under Subtitle B, general provisions au- tasks, however, should not be delayed until category within this set-aside. The Managers thorize CDC data collection of CARE Act this process is complete. Instead, the Man- intend the term ‘‘youth’’ to include persons planning and evaluation, enhanced inter- agers expect Titles I and II grant recipients between the ages of 13 and 24, and ‘‘children’’ agency coordination of HIV services and pre- to establish and implement strategies re- to include those under the age of 13, includ- vention, development of a plan for the case sponsive to these urgent needs before the de- ing infants. management of prisoners with HIV, and ad- velopment of nationally uniform measures, The Managers clarify that the set-asides ministrative provisions related to audits, to the extent that is practicable and to for women, infants, children, and youth with and a plan for simplification of CARE Act which necessary prevalence data is reason- HIV disease be allocated proportionally, grant disbursements. ably available. based on the percentage of the local HIV-in- Title V. General Provisions: Authorizes In- The Managers have also authorized out- fected population that each group rep- stitute of Medicine (IOM) studies and expan- reach activities in Titles I and II intended to resents. The Managers intend that the sion of Federal support for the development identify individuals with HIV disease know States and EMAs continue to make every ef- of rapid HIV tests. Makes necessary and their HIV status but are not receiving serv- fort to reach and serve women, infants, chil- technical corrections in Title XXVI of the ices. The intent is to ensure that EMAs and dren, and youth living with HIV/AIDS by al- Public Health Service Act. States understand that outreach activities locating sufficient resources under Titles I A summary of selected provisions is as fol- which are consistent with early intervention and II to serve each of these populations. lows: services and necessary to implement the The Managers also recognize that these pri- Use of HIV Case Data in Formula Grants: aforementioned strategies, are appropriate ority populations often comprise a greater In order to target funding more accurately uses of Titles I and II funds. It is not the proportion of HIV cases rather than AIDS to reflect the HIV/AIDS epidemic, the Man- Managers’ intent that such activities sup- cases in a local area. This distinction should agers have revised and updated the Title I plant or otherwise duplicate activities such be taken into account where necessary prev- and Title II formulas to make use of data on as case finding, surveillance and social mar- alence data is reasonably available. cases of HIV infection as well as of AIDS. In keting campaigns currently funded and ad- The Managers are aware that these popu- Fiscal Year (FY) 2005, HIV and AIDS case ministered by the Centers for Disease Con- lations may also have access to HIV care data is intended to be used in the Title I and trol and Prevention (CDC). Instead, this au- through other parts of Title XXVI, Medicaid, Title II formulas. thorization reflects the urgency of increas- State Children’s Health Insurance Program However, no later than July 1, 2004, the ing the coordination between HIV prevention (SCHIP), and other Federal and State pro- Secretary shall determine whether HIV case and HIV care and treatment services in all grams. Therefore, the requirement to propor- data, as reported to and confirmed by the Di- CARE Act programs. tionally allocate funds provided under Title rector of CDC, is sufficiently accurate and Hold harmless provisions: The hold-harmless II to each of these populations may be reliable from all eligible areas and States for provisions are intended to minimize loss and waived for States which reasonably dem- such use in the formula. The Secretary shall stabilize systems of care in EMAs and onstrate that these populations are receiving also consider the findings of the Institute of States, while assuring that funds are allo- adequate care. Medicine (IOM) study undertaken under sec- cated in Titles I and II to reflect the current Capacity development: Titles I, II and III tion 501(b). distribution and epidemiology of the epi- of this legislation provide a new focus on If the Secretary makes an adverse deter- demic. strengthening the capacity of minority com- mination regarding HIV case data, the Man- The Managers have revised the Title I hold munities and underserved areas where HIV/ agers intend that only AIDS case data will harmless to limit a potential loss in an AIDS is having a disproportionate impact. be used in FY2005 formula allocations. The EMA’s formula allocation to a small per- Currently, many underserved urban and Secretary shall also provide grants and tech- centage of the amount allocated to the eligi- rural areas are not able to compete success- nical assistance to States and eligible areas ble area in the previous (or base) year. An fully for planning grants and early interven- to ensure that accurate and reliable HIV EMA may lose no more than 15 percent of its tion service grants due to the lack of infra- case data is available no later than FY2007. base formula allocation over five years, be- structure and experience with the Ryan Planning and priority setting: The Managers ginning with 2 percent in the first year and White CARE Act programs. This gap in serv- have strengthened the capacity of EMAs and increasing in subsequent years. If the Sec- ices available is increasingly important, as States to plan, prioritize, and allocate funds, retary determines that data on HIV preva- the HIV and AIDS epidemic extends into based on the size and demographic character- lence are accurate and reliable for use in de- rural communities. In addition to author- istics of the populations with HIV disease in termining Title I formula grants for Fiscal izing capacity development under Titles I the eligible area. Planning, priority setting, Year 2005, all EMAs may lose no more than and II, the Managers establish a preference and funding allocation processes must take 2 percent of their Fiscal Year 2004 formula for rural areas under Title III that will allow into account the demographics of the local allocation in that year. program administrators to target capacity HIV/AIDS epidemic, existing disparities in Should an EMA experience a decline in its development grants, planning grants, and access HIV-related health care, and resulting Title I formula allocation followed by an in- the delivery of primary care services to rural adverse health outcomes. It is the intent of tervening year in which there is no decline, communities with a growing need for HIV

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.066 pfrm04 PsN: S05PT2 S10032 CONGRESSIONAL RECORD — SENATE October 5, 2000 services. However, urban areas are not ex- AIDS who are identified and to bringing be considered in the assessment of severe cluded from consideration for future grants them into care earlier in the progression of need, including the current prevalence of nor is funding reduced to current grants in their disease. HIV/AIDS, and the degree of increasing and urban areas. Health-care related support services: The unmet needs for services. Additionally, the Quality management: The Managers recog- Managers wish to stress the importance of Managers believe that syphilis, hepatitis B nize the importance of having CARE Act CARE Act funds in meeting the health care and hepatitis C should be regarded as impor- grantees ensure that quality services are needs of persons and families with HIV dis- tant co-morbidities to HIV/AIDS. provided to people with HIV and that quality ease. The Act requires support services pro- It is the Managers’ strong view that management activities are conducted on an vided through CARE Act funds to be health HRSA’s Bureau of HIV/AIDS should employ ongoing basis. Quality management pro- care related. States and EMAs should ensure standard, quantitative measures to the max- grams are intended to serve grantees in eval- that support services meet the objective of imum extent possible in lieu of narrative uating and improving the quality of primary increasing access to health care and ongoing self-reporting when awarding supplemental care and health-related supportive services adherence with primary care needs. The awards. The Managers therefore renew the provided under this act. The quality manage- Managers reaffirm the critical relationship Bureau’s obligation to develop in a timely ment program should accomplish a threeford between support service provision and posi- manner a mechanism for determining severe purpose: (1) assist direct service medical pro- tive health outcomes. need upon the basis of national, quantitative viders funded through the CARE Act in as- Title I planning council duties and mem- incidence data. In this regard, the Managers suring that funded services adhere to estab- bership: The Managers have amended numer- recognize that adequate and reliable data on lished HIV clinical practices and Public ous aspects of CARE Act programs to en- HIV prevalence may not be uniformly avail- Health Service (PHS) guidelines to the ex- hance the coordination between HIV preven- able in all eligible areas on the date of enact- tent possible; (2) ensure that strategies for tion and HIV/AIDS care and treatment serv- ment. It is noted, however, that ‘‘HIV dis- improvements to quality medical care in- ices. In this case, Planning Council member- ease’’ under the CARE Act encompasses both clude vital health-related supportive services ship of the providers of HIV prevention serv- persons living with AIDS as well as persons in achieving appropriate access to and adher- ices will help assure this coordination. To diagnosed as HIV positive who have not de- ence with HIV medical care; and (3) ensure improve representation of underserved com- veloped AIDS. that available demographic, clinical, and munities, providers of services to homeless Title II base minimum funding: The min- health care utilization information is used to populations and representatives of formerly imum Title II base award is increased in monitor the spectrum of HIV-related ill- incarcerated individuals with HIV disease order to increase the funding available to nesses and trends in the local epidemic. are included in planning council member- States for the capacity development of The Managers expect the Secretary to pro- ship. It is the intent of the Managers that health system programs and infrastructure. vide States with guidance and technical as- the needs of all communities affected by The Federated States of Micronesia and the sistance for establishing quality manage- HIV/AIDS and all providers working within Republic of Palau are included as entities el- ment programs, including disseminating the service areas be represented. The Man- igible to receive Title II funds, in recogni- such models as have been developed by agers also intend the Planning Councils tion of the need to establish a minimum States and are already being utilized by more adequately reflect the gender and ra- level of funding to assist in building HIV in- Title II programs and in clinical practice en- cial demographics of the HIV/AIDS popu- frastructure. Title II public participation: The Managers vironments. Furthermore, the Managers in- lation within their respective EMAs. tend that the Secretary provide clarification The Managers also intend that patients urge States to strengthen public participa- and guidance regarding the distinction be- and consumers of Title I services constitute tion in the Ryan White Title II planning tween use of CARE Act funds for such pro- a substantial proportion of Planning Council process. While the Managers do not intend gram expenditures that are covered as either memberships. The prohibited of officers, em- that States be mandated to consult with all entities participating in the Title I planning planning and evaluation and funds for pro- ployees and consultants is not intended to process, reference to such entities is in- gram support costs. It is not the Managers’ impede the participation of qualified, moti- tended to provide guidance to the States intent to divert current program resources vated volunteers with Title I grantees from that such entities are important constitu- or to reassign current program support costs serving on Planning Councils where they do encies which the States should endeavor to or clinical quality programs to new cost not maintain significant financial relation- include in their planning processes. More- areas, if they are an integral part of a ships with such grantees. In contrast to such over, States may demonstrate compliance State’s current quality management efforts. significant financial relationships, volun- with the new requirement of an enhanced Program support costs are described as any teers may be reimbursed reasonable inci- process of public participation by providing expenditure related to the provision of deliv- dental costs, including for training and evidence that existing mechanisms for con- ering or receiving health services supported transportation, which help to facilitate their sumer and community input provide for the by CARE Act funds. As applied to the clin- important contribution to the Planning participation of such entities. The intent is ical quality programs, these costs include, Councils. to allow States to utilize the optimal public but are not limited to, activities such as To ensure that new Planning Council mem- advisory planning process, such as special chart review, peer-to-peer review activities, bers are adequately prepared for full partici- planning bodies or standing advisory groups data collection to measure health indicators pation in meetings, the Managers direct the on HIV/AIDS, for their particular population or outcomes, or other types of activities re- Secretary to ensure that proper training and and circumstances. lated to the development or implementation guidance is provided to members of the The Managers are also aware of the dif- of a clinical quality improvement program. Councils. The Managers also expect Planning ficulties that some States with limited re- Planning and evaluation costs are related to Councils to provide assistance, such as trans- sources may encounter in convening public the collection and analysis of system and portation and childcare, to facilitate the hearings over large geographic or rural areas process indicators for purposes of deter- participation of consumers, particularly and encourage the Secretary to work with mining the impact and effectiveness of fund- those from affected subpopulations and his- these States to develop appropriate processes ed health-related support services in pro- torically underserved communities. for public input, and to consider such limita- viding access to and support of individuals Consistent with the ‘‘sunshine’’ policies of tions when enforcing these requirements. and communities within the health delivery the Federal Advisory Committee Act Title II HIV care consortia: The Manager in- system. (FACA), all meetings of the Planning Coun- tend that the States continue to work with Early intervention services: The Managers cils shall be open to the public and be held local consortia to ensure that they identify authorize early intervention services as eli- after adequate notice to the public. Detailed potential disparities in access to HIV care gible services under Titles I and II under cer- minutes, records, reports, agenda, and other services at the local level, with a special em- tain circumstances. The Managers intend to relevant documents should also be available phasis on those experiencing disparities in allow grantees to provide certain early inter- to the public. The Managers intend for such access to care, historically underserved pop- vention services, such as HIV counseling, documents to be available for inspection and ulations, and HIV infected persons not in testing, and referral services, to individuals copying at a single location, including post- care. However, the Managers do not intend at high risk for HIV infection, in accordance ing on the Internet. that States and/or consortia be mandated to with State or EMA planning activities. The Title I supplemental: In order to target fund- consult with all entities participating in the Managers recognize the range of organiza- ing to areas in greatest need of assistance, Title I planning process. Rather, reference to tions that may be eligible to provide early severity of need is given a greater weight of such entities is intended to provide guidance intervention services, including other grant- 33 percent in the award of Title I supple- to the States that such entities are impor- ees under titles I, II and III such as commu- mental grants. The Managers intend that tant constituencies which the States should nity based organizations (CBOs) that act as Title I supplemental awards are not intended endeavor to include in their planning proc- points of entry into the health care system to be allocated on the basis of formula grant esses. for traditionally underserved and minority allocations. Instead, such supplemental Title II ‘‘emerging communities’’ supplement: populations. awards are to be directed principally to There continues to be a growing need to ad- The Managers believe that referral rela- those eligible areas with ‘severe need,’’ or dress the geographic expansion of this epi- tionships maintained by providers of early the greatest or expanding public health chal- demic, and this Act continues the efforts intervention services are essential to in- lenges in confronting the epidemic. The made during the last reauthorization to di- creasing the numbers of people with HIV/ Managers have included additional factors to rect resources and services to areas that are

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.068 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10033 particularly underserved, including rural for the reduction of perinatal transmission partnerships, dental students or residents areas and metropolitan areas with signifi- of HIV, and for HIV counseling, testing, and could provide treatment for HIV/AIDs pa- cant AIDS cases that are not eligible for outreach to pregnant woman. Funding for tients in underserved communities under the Title I funding. A supplemental formula perinatal HIV transmission reduction activi- direction of a community-based dentist who grant program is created within Title II to ties is expanded, with additional grants would serve as adjunct faculty. By encour- meet HIV care and support needs in non- available to States with newborn testing aging dental educational institutions to EMA areas. There are a large number of laws or States with significant reductions in partner with community-based providers, areas within States that do not meet the def- perinatal HIV transmission. In addition, this the Managers intend to address the unmet inition of a Title I EMA but that, neverthe- Act further specifies information to be con- need in these areas by ensuring that dental less, experience significant numbers of peo- veyed to individuals receiving HIV positive treatment for the HIV/AIDS population is ple living with AIDS. This provision stipu- test results in order to reduce risk of HIV available in all areas of the country, not just lates that these ‘‘emerging communities,’’ transmission through sex or needle-sharing where dental schools are located. defined as cities with between 500 and 1,999 practices. Technical assistance and guidance: The reported AIDS cases in the most recent 5- Coordination of coverage and services: This Managers reaffirm the Secretary’s responsi- year period, be allocated 50 percent of new Act also strengthens the requirements made bility in providing needed guidance and tools appropriations to address the growing need on the States and EMAs in a number of areas to grantees in assisting them in carrying out in these areas. Funding for this provision is aimed at improving the coordination of cov- new requirements under this Act. The Sec- triggered when the allocations to carry out erage and services. Grantees must access the retary is required to work with States and Part B, excluding amounts allocated under availability of other funding sources, such as EMAs to establish epidemiologic measures section 2618(a)(2)(I), are $20,000,000 in excess Medicaid and the State Children’s Health In- and tools for use in identifying the number of funds available for this part in fiscal year surance Program (SCHIP) and improve ef- of individuals with HIV infection, especially 2000, excluding amounts allocated under sec- forts to ensure that CARE Act funds are co- those who are not in care. The legislation re- tion 2618(a)(2)(I). States can apply for these ordinated with other available payers. quests an IOM study to assist the Secretary supplemental awards by describing the sever- Titles II and IV administrative expenses: in providing this advice to grantees. ity of need and the manner in which funds The administrative cap for the directly fund- The Managers understand that the Sec- are to be used. ed Title III programs is increased. The ad- retary has convened a Public Health Service The Managers intend to acknowledge the ministrative cap for Title III grants is raised Working Group on HIV Treatment Informa- challenges faced by many areas with a sig- from 7.5 percent to 10 percent to correspond tion Dissemination, which has produced rec- nificant burden of HIV and AIDS and a lack with the 10 percent cap on individual con- ommendations and a strategy for the dis- of health care infrastructure or resources to tractors in Title I. The Secretary is directed semination of HIV treatment information to provide HIV care services. This supplemental to review administrative and program sup- health care providers and patients. Recog- program allows the Secretary to make port expenses for Title IV, in consultation nizing the importance of such a strategy, the grants to States to address HIV service needs with grantees. In order to assure that chil- Managers intend that the Secretary issue in these underserved areas. The Managers dren, youth, women, and families have ac- and begin implementation of the strategy to understand the necessity to continue to sup- cess to quality HIV-related health and sup- improve the quality of care received by peo- port existing and expanding critical Title II port services and research opportunities, the ple living with HIV/AIDS. Data Collection through CDC: The Managers base services. Secretary is directed to work with Title IV AIDS Drug Assistance Program supplemental grantees to review expenses related to ad- believe that an additional authorization for grant and expanded services: Under this Act, ministrative, program support, and direct HIV surveillance activities under the CDC the AIDS Drug Assistance Program (ADAP) service-related activities. will serve to advance the purposes of the has been strengthened to assist States in a Title IV access to research: This Act re- CARE Act. To better identify and bring indi- viduals with HIV/AIDS into care, States and number of areas. The Secretary is authorized moves the requirement that Title IV grant- cities may use such funding to enhance their to reserve 3 percent of ADAP appropriations ees enroll a ‘‘significant number’’ of patients HIV/AIDS reporting systems and expand case for discretionary supplemental ADAP grants in research projects. Title IV provides an im- finding, surveillance, social marketing cam- which shall be awarded in accordance with portant link between women, children, and paigns, and other prevention service pro- severity of need criteria established by the families affected by HIV/AIDS and HIV-re- grams. Notwithstanding its strong interest Secretary. Such criteria shall account for lated clinical research programs. The ‘‘sig- in improving the coordination between HIV existing eligibility standards, formulary nificant number’’ requirement is removed prevention and HIV care and treatment serv- composition and the number of patients with here to eliminate the incentive for providers ices, the Managers intend that this enhanced incomes at or below 200 percent of poverty. to inappropriately encourage or pressure pa- funding for CDC and its grantees ensure that The Managers also encourage the Secretary tients to enroll in research programs. To maintain appropriate access to research CARE Act programs and funds not duplicate to consider such factors as the State’s abil- or be diverted to activities currently funded ity to remove restrictions on eligibility opportunities, providers are required to de- velop better documentation of the linkages and administered by the CDC. based on current medical conditions or in- Coordination: This Act requires the Sec- between care and research. The Secretary of come restrictions and to provide HIV thera- retary to submit a plan to Congress con- Health and Human Services (HHS), through peutics consistent with PHS guidelines. cerning the coordination of Health Resources the National Institutes of Health (NIH), is States are also required to match the Fed- and Services Administration (HRSA), Cen- also directed to examine the distribution and eral supplement at a rate of 1:4. The Man- ters for Disease Control and Prevention availability of HIV-related clinical programs agers expect the State to continue to main- (CDC), Substance Abuse and Mental Health tain current levels of effort in its ADAP for purposes of enhancing and expanding ac- Services Administration (SAMHSA), and funding. The Managers intend that the 25 cess to clinical trials, including trials funded Health Care Financing Administration percent State match required to receive by NIH, CDC and private sponsors. The Man- (HCFA), to enhance the continuity of care funds under this section be implemented in a agers encourage the Secretary to assure that and prevention services for individuals with flexible manner that recognizes the vari- NIH-sponsored HIV-related trials are respon- HIV disease or those at risk of such disease. ations between Federal, State, and pro- sive to the need to coordinate the health The Managers believe that much greater ef- grammatic fiscal years. services received by participants with the fort is required to ensure that the provision In addition, up to 5 percent of ADAP funds achievement of research objectives. Nor do of HIV prevention and care services becomes will be allowed to support services that di- the Managers intend this requirement to re- as seamless as possible, and that coordina- rectly encourage, support, and enhance ad- quire the redistribution of funds for such re- tion be pursued at the Federal level, in the herence with treatment regimens, including search projects. States and local communities to eliminate medical monitoring, as well as purchase Part F Dental Reimbursement Program: any administrative barriers to the efficient health insurance plans where those plans The Managers have established new grants provision of high quality services to individ- provided fuller and more cost-effective cov- for community-based health care to support uals with HIV disease. erage of AIDS therapies and other needed collaborative efforts between dental edu- A second plan for submission to Congress health care coverage. However, up to 10 per- cation programs and community-based pro- focuses on the medical case management and cent of ADAP funds may be expended for viders directed at providing oral health care provision of support services to persons with such purposes if the State demonstrates that to patients with HIV disease in currently HIV released from Federal or State prisons. such services are essential and do not dimin- unserved areas and communities without Administrative simplification: The Managers ish access to therapeutics. Finally, the Man- dental education programs. Although the intend for the Secretary of HHS to explore agers recognize that existing Federal policy Dental Program has been tremendously suc- opportunities to reduce the administrative provides adequate guidelines to states for cessful, there is still a large HIV/AIDS popu- requirements of Ryan CARE Act grantees carrying out provisions under this section. lation that has not benefitted because there through simplifying and streamlining the ad- Partner notification, perinatal trans- is not a dental education institution partici- ministrative processes required of grantees mission, and counseling services: Discre- pating in their area. These patients are also and providers under Titles I and II. In con- tionary grants are authorized under this Act in need of dental services that could be pro- sultation with grantees and service providers for partner notification, counseling and re- vided at community sites if more commu- of both parts, the Secretary is directed to (1) ferral services. The Managers have also ex- nity-based providers would partner with a develop a plan for coordinating the disburse- panded the existing grant program to States dental school or residency program. In these ment of appropriations for grants under

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.069 pfrm04 PsN: S05PT2 S10034 CONGRESSIONAL RECORD — SENATE October 5, 2000 Title I with the disbursement of appropria- ices where appropriate. The Managers expect crisis continues year after year, it be- tions for grants under Title II, (2) explore the that HRSA’s Bureau of HIV/AIDS shall en- comes increasingly difficult for anyone impact of biennial application for Titles I courage Ryan White grantees to develop col- to claim that AIDS is someone else’s and II on the efficiency of administration laborations between providers and VA facili- problem. We all share in a very real and the administrative burden imposed on ties to optimize coordination and access to grantees and providers under Titles I and II, care to all persons with HIV/AIDS. way in being touched by the epidemic. and (3) develop a plan for simplifying the ap- International HIV/AIDS Initiatives: The Fortunately, we have been able to plication process for grants under Titles I Managers note that the CARE Act provides a slow the progression of this dev- and II. It is the intent of the Managers to model of service delivery and Federal part- astating disease. Many people living improve the ability to grantees to comply nership with States, cities and community- with HIV and AIDS are alive today and with administrative requirements while de- based organizations which should prove valu- leading longer and healthier lives. creasing the amount of staff time and re- able in global efforts to combat the HIV/ AIDS deaths declined by 20 percent be- sources spent on administrative require- AIDS epidemic. The Managers strongly en- tween 1997 and 1998, thanks to advances ments. courage the Secretary, the Bureau of HIV/ Program and service studies: The Managers AIDS at HRSA, and the CDC to provide tech- in care and effective new treatments. request that the Secretary, through the IOM, nical assistance available to other countries The smallest increase in new AIDS examine changing trends in the HIV/AIDS which has already proven invaluable in help- cases—11 percent—took place in 1999, epidemic and the financing and delivery of ing to limit the suffering caused by HIV/ compared with an 18 percent increase primary care and support services for low-in- AIDS. It is the Managers’ hope that the in new cases just a year before. We are come, uninsured individuals with HIV dis- hard-earned knowledge and experience helping people earlier in their disease ease. The Secretary is directed to make rec- gained in this country can benefit people progression and keeping them ommendation regarding the most effective with HIV/AIDS overseas. use of scarce Federal resources. The purpose healthier longer. of the study is to examine key factors associ- Mr. KENNEDY. Mr. President, it is a Nevertheless, an estimated 30 percent ated with the effective and efficient financ- privilege to support the CARE Act of persons living with AIDS do not ing and delivery of HIV services (including Amendments of 2000. I commend the have insurance coverage to pay for the quality of services, health outcomes, and many Senators who worked hard and costly treatments. As a result, heavy cost-effectiveness). The Managers expect well on the issue of HIV and AIDS. demands are placed on community- that the study would include examination of Senator JEFFORDS and Senator HATCH based organizations and state and local CARE Act financing of services in relation to have championed this issue since 1990 existing public sector financing and private governments. For these Americans, the health coverage; general demographics and when the CARE Act was first proposed, CARE Act Amendments of 2000 will comorbidities of individuals with HIV dis- and Senator FRIST has been an impres- continue to provide the only means to ease; regional variations in the financing and sive leader in recent years. Their lead- obtain the care and treatment they costs of HIV service delivery; the avail- ership has and the leadership of many need. ability and utility of health outcomes meas- others has raised our collective con- In Massachusetts, there has been a 77 ures and data for measuring quality of Ryan science about the HIV/AIDS crisis. Our percent decline in AIDS and HIV-re- White funded service; and available epi- goal in this legislation is to ensure lated deaths since 1995. But the number demiologic tools and data sets necessary for that citizens with HIV disease continue of cases increased in women by 11 per- local and national resource planning and al- location decisions, including an assessment to receive the benefits of advances in cent from 1997 to 1998. Fifty-five per- of implementation of HIV infection report- therapies and a system of support that cent of persons living with AIDS in the ing, as it impacts these factors. has achieved remarkable success in re- state are persons of color. Massachu- The Managers also require an IOM study cent years. setts is fortunate to have a state budg- focuses on determining the number of For 20 years, America has struggled et that provides funding for primary newborns with HIV, where the HIV status of with the devastation caused by HIV/ care, prevention, and surveillance ef- the mother is unknown; perinatal HIV trans- AIDS. It is a virus that knows no color, forts. But no state is economically suf- mission reduction efforts in States; and bar- religion, political affiliation, or income riers to routine HIV testing of pregnant ficient enough to provide the signifi- women and newborns when the mothers’ HIV status. AIDS continues to kill brothers cant financial resources needed to en- status is unknown. The study is intended to and sisters, children and parents, able all persons living with HIV disease provide States with recommendations on im- friends and loved ones—all in the prime to obtain the medical and supportive proving perintal prevention services and re- of their lives. This epidemic knows no services they need without the Ryan ducing the number of pediatric HIV/AIDS geographic boundaries and has no White CARE Act. cases resulting from perinatal transmission. mercy on those it strikes. HIV/AIDS The CARE Act will continue to bring Development of Rapid HIV Test: The Man- has become one of the greatest public hope to the over 600,000 individuals it agers encourage the Secretary to expedite the availability of rapid HIV tests which are health challenges of our times. The serves each year in dealing with this safe, effective, reliable and affordable. The CARE Act has directed needed re- devastating disease. This reauthoriza- Managers intend that the National Insti- sources to accelerate research, develop tion builds on past accomplishments, tutes of Health expand research which may effective therapies, and support the while recognizing the challenge of en- lead to such tests. The Managers also intend 900,000 persons and families living with suring access drug treatment for all that the Director of CDC should take pri- HIV/AIDS in America, and it clearly who need it, reducing health disparities mary responsibility, in conjunction with the deserves to be extended and expanded. in vulnerable populations, and improve Commissioner of Food and Drugs, for a re- AIDS has claimed over 420,000 lives so the distribution and quality of serv- port to Congress on the public health need and recommendations for the expedited re- far in the United States and it con- ices. view of rapid HIV tests. The Managers be- tinues to claim the most vulnerable Funds totaling $3.4 billion over the lieve that the Food and Drug Administration among us, especially women, youth, next five years will target the hardest should account for the particular applica- and minorities. We have good reason to hit 51 metropolitan areas in the coun- tions and urgent need for rapid HIV tests, as be encouraged by medical advances try under Title I of the Act. Local articulated by public health experts and the over the past ten years, but we still planning and priority-setting under CDC, when determining the specific require- face an epidemic that kills over 47,000 Title I assures that each of the eligible ments to which such tests will be held prior people each year. Like other epidemics metropolitan areas responds to local to marketing. Department of Veterans Affairs: The Man- before it, AIDS is now hitting hardest HIV/AIDS needs. Safeguards are put in agers note that the U.S. Department of Vet- in areas where knowledge about the place to ensure that Title I areas are erans Affairs is the largest single direct pro- disease is scarce and poverty is high. protected from drastic shifts in funding vider of HIV care and services in the coun- The epidemic has dealt a particularly that can destabilize their HIV care in- try. Over 18,000 veterans received HIV care at severe blow on communities of color, frastructure by limiting these losses to VA facilities in 1999. Veterans with HIV in- which account for 73 percent of all new a maximum of 15 percent over its FY fection are eligible to participate in Ryan infections. Women account for 30 per- 2000 levels without compounded the ef- White Title I and Title II programs when fects of the loss from year to year. We they meet eligibility requirements set by cent of new infections. Over half of new EMAs and States, whose plans for the deliv- infections occur in persons under 25. also have assured EMAs the oppor- ery of services must account for the avail- An estimated 34 percent of AIDS tunity to reset the clock each time ability of VA services. VA facilities are eligi- cases in the U.S. occur in rural areas, they find they do not need hold harm- ble providers of HIV health and support serv- and this percentage is growing. As the less protection in order to allow them

VerDate 11-MAY-2000 20:59 Oct 06, 2000 Jkt 089060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.071 pfrm04 PsN: S05PT2 October 5, 2000 CONGRESSIONAL RECORD — SENATE S10035 the needed time and resources to plan vide greater help to those with HIV/ related hospital days and a savings of prioritize, and redirect resources in re- AIDS and to families touched by this more than $1 billion. sponse to major shifts that may occur devastating disease. America has the During the 104th Congress, I had the in funding and in the local epidemic. resources to win the battle against pleasure of working with Senator Under Title II, $4.4 billion over the AIDS. We must face this disease with Kassebaum on the Ryan White CARE next five years will provide emergency the same courage demonstrated by Act Amendments of 1996 to ensure that relief to assist states in developing Ryan White, the young man with he- this needed law was extended. Senator their HIV health care infrastructure. mophilia who contracted AIDS through JEFFORDS, who has done a terrific job These funds will also provide life-sus- blood transfusions, and for whom the in crafting this bill, has already out- taining drugs to over 61,000 persons original act was named. Ryan White lined some specifics of this legislation, each month. In addition, these funds touched the world’s heart through his however, I would like to conclude by will provide assistance for emerging valiant effort to speak out against the discussing a specific provision which I communities that are increasingly af- ignorance and discrimination faced by am grateful Senator JEFFORDS included fected by HIV/AIDS, but do not cur- persons living with AIDS. This legisla- in this reauthorization. rently qualify for additional assist- tion carries on his brave work and I This bill contains a provision, under ance, while assuring that base Title II urge the Senate to approve it. Title II of this Act, addressing the fact funding losses do not occur in any fis- Mr. FRIST. Mr. President, I am that the face of this disease is changing cal year for any state or territory. pleased to acknowledge the final Sen- as AIDS moves into communities Title III programs will receive $730 ate passage of the Ryan White CARE which have not been impacted as great million during the five year period to Act Amendments of 2000 today, which as several Title I grantees. One impor- assist over 200 local health centers and follows the actions of House of Rep- tant aspect of this provision is the cre- other primary health care providers in resentatives earlier this morning. This ation of supplemental grants for communities with a significant and important bill forms a unique partner- emerging metropolitan communities, disproportionate need for HIV care. ship between federal, local, and state which do not qualify for Title I funding Many of these communities are located governments; non-profit community but have reported between 500 and 2,000 in the hardest hit areas, serving low in- organizations, health care and sup- AIDS cases in the last five years. For come communities. An additional $30 portive service providers. For the last cities that have between 1,000 and 2,000 million in funds under Title III will decade, this Act has successfully pro- AIDS cases this provision would pro- provide planning and capacity develop- vided much needed assistance in health vide cities, including Memphis and ment grants for hard-to-reach urban care costs and support services for low- Nashville, at least $5 million in new and rural communities. income, uninsured and underinsured in- funding to divide each year, or 25 per- In Title IV, $2700 million over the dividuals with HIV/AIDS. cent of new monies under Title II, next five years will be used to meet the Through programs such as the AIDS whichever is greater. For cities with specific needs of women, infants, Drug Assistance Program, ADAP, 500 to 999 AIDS cases in the last five youth, and families. An additional $42 which provides access to pharma- years, at least $5 million in new fund- million will assure that oral health ceuticals, the CARE Act has helped ex- ing each year will be divided, or 25 per- care is available to persons with HIV/ tend and even save lives. Last year cent of new monies under Title II, AIDS who are uninsured. One hundred alone, nearly 100,000 people living with whichever is greater. This provision and forty-one million dollars in fund- HIV and AIDS received access to drug will be implemented as soon as the ap- ing over the five-year period will as- therapy because of the CARE Act. Half propriation level for Title II, excluding sure that we continue our investment the people served by the CARE Act the ADAP program, is increased by $20 in improving the skills of the have family incomes of less than $10,000 million above the FY2000 funding level. healthcare workforce. annually, which is less than the $12,000 Once implemented, this program would In total, the CARE Act will authorize annual average cost of new drug ‘‘cock- remain in place every year after the over $8.5 billion in funding to fight tails’’ for treatment. The CARE Act is initial trigger level is met with at least HIVS/AIDS over the next five years. critical in ensuring that the number of $10 million coming from the Title II I commend the dedication of the people living with AIDS continues to funding to support this needed effort. AIDS community and the Administra- increase, as effective new drug thera- Mr. President, I would like to thank tion in working with Congress over the pies are keeping HIV-infected persons Senator JEFFORDS for his leadership on past year to bring forward the best pos- healthy longer and dramatically reduc- this issue, and Sean Donohue and Wil- sible legislation. I also commend Sean ing the death rate. Investments in ena- liam Fleming of his staff for all their Donohue and William Fleming of Sen- bling patients with HIV to live expertise in drafting this bill. I would ator JEFFORDS’ staff, Dave Larsen of healthier and more productive lives also like to thank Senator KENNEDY Senator FRIST’s staff, and Stephanie have helped to reduce overall health and Stephanie Robinson of his staff for Robinson and Idalia Sanchez of my costs. For example, the National Cen- their work and dedication to this issue. staff for their effective work on this ter for Health Statistics reported that And finally I would like to think Dave landmark legislation. the nation has seen a 30 percent decline Larson and Mary Sumpter Johnson of The Senate’s action today reaffirms in HIV related hospitalizations, pro- my health staff for their work on pas- our long-standing commitment to pro- ducing nearly one million fewer HIV sage of this bill.

VerDate 02-OCT-2000 00:03 Oct 07, 2000 Jkt 089060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A05OC6.074 pfrm04 PsN: S05PT2 Thursday, October 5, 2000 Daily Digest

HIGHLIGHTS Senate passed Continuing Appropriations Resolution. Senate agreed to the Conference Report on Interior Appropriations. House committees ordered reported 13 sundry measures. Senate Carter G. Woodson Home National Historic Site Chamber Action Study Act: Senate passed H.R. 3201, to authorize Routine Proceedings, pages S9875–S10035 the Secretary of the Interior to study the suitability Measures Introduced: Fifteen bills and four resolu- and feasibility of designating the Carter G. Woodson tions were introduced, as follows: S. 3161–3175, S. Home in the District of Columbia as a National Res. 367, and S. Con. Res. 142–144. Pages S9944±45 Historic Site, clearing the measure for the President. Pages S9975±95 Measures Reported: S. 1950, to amend the Mineral Leasing Act of Fort Matanzas National Monument: Senate 1920 to ensure the orderly development of coal, passed S. 1670, to revise the boundary of Fort coalbed methane, natural gas, and oil in the Powder Matanzas National Monument. Pages S9975±95 River Basin, Wyoming and Montana, with an ‘‘I Have A Dream’’ Speech Plaque: Senate passed amendment. (S. Rept. No. 106–490) H.R. 2879, to provide for the placement at the Lin- S. 1969, to provide for improved management of, coln Memorial a plaque commemorating the speech and increases accountability for, outfitted activities of Martin Luther King, Jr., known as the ‘‘I Have by which the public gains access to and occupancy A Dream’’ speech, after agreeing to a committee and use of Federal land, with an amendment in the amendment in the nature of a substitute. nature of a substitute. (S. Rept. No. 106–491) Pages S9975±95 S. 2448, to enhance the protections of the Internet Yuma Crossing National Heritage Area Act: and the critical infrastructure of the United States, Senate passed H.R. 2833, to establish the Yuma with an amendment in the nature of a substitute. Crossing National Heritage Area, clearing the meas- Page S9941 ure for the President. Pages S9975±95 Measures Passed: Gaylord Nelson Apostle Islands Stewardship Act: Senate passed S. 134, to direct the Secretary of Continuing Appropriations: By 95 yeas to 1 nay the Interior to study whether the Apostle Islands (Vote No. 264), Senate passed H.J. Res. 110, mak- National Lakeshore should be protected as a wilder- ing further continuing appropriations for the fiscal ness area, after agreeing to a committee amendment. Pages S9876±79 year 2001. Pages S9975±95 Peopling of America Theme Study Act: Senate Colorado Land Conveyance: Senate passed S. passed S. 2478, to require the Secretary of the Inte- 1972, to direct the Secretary of Agriculture to con- rior to conduct a theme study on the peopling of vey to the town of Dolores, Colorado, the current America, after agreeing to committee amendments. site of the Joe Rowell Park, after agreeing to com- Pages S9975±95 mittee amendments. Pages S9975±95 Saint Croix Island Heritage Act: Senate passed Coal Market Competition Act: Senate passed S. S. 2485, to direct the Secretary of the Interior to 2300, to amend the Mineral Leasing Act to increase provide assistance in planning and constructing a re- the maximum acreage of Federal leases for coal that gional heritage center in Calais, Maine, after agree- may be held by an entity in any 1 State. ing to a committee amendment. Pages S9975±95 Pages S9975±95 D1037

VerDate 11-MAY-2000 02:55 Oct 07, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC0.PT2 pfrm10 PsN: D05OC0 D1038 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 2000

Pennsylvania Hydroelectric Project Extension: commencement of construction of certain hydro- Senate passed S. 2499, to extend the deadline for electric projects in the State of West Virginia. commencement of construction of a hydroelectric Pages S9975±95 project in the State of Pennsylvania. Pages S9975±95 Virginia Land Exchange: Senate passed S. 3000, Saint Helena Island National Scenic Area: Sen- to authorize the exchange of land between the Sec- ate passed H.R. 468, to establish the Saint Helena retary of the Interior and the Director of Central In- Island National Scenic Area, after agreeing to a com- telligence at the George Washington Memorial mittee amendment. Pages S9975±95 Parkway in McLean, Virginia, after agreeing to a committee amendment in the nature of a substitute. Ivanpah Valley Airport Public Lands Transfer Pages S9975±95 Act: Senate passed H.R. 1695, to provide for the conveyance of certain Federal public lands in the California Trail Interpretive Act: Senate passed Ivanpah Valley, Nevada, to Clark County, Nevada, S. 2749, to establish the California Trail Interpretive for the development of an airport facility, after Center in Elko, Nevada, to facilitate the interpreta- tion of the history of development and use of trails agreeing to committee amendments. Pages S9975±95 in the settling of the western portion of the United Lake Tahoe Restoration Act: Senate passed S. States. Pages S9975±95 1925, to promote environmental restoration around Virginia Wilderness: Senate passed S. 2865, to the Lake Tahoe basin, after agreeing to a committee designate certain land of the National Forest System amendment in the nature of a substitute. located in the State of Virginia as wilderness. Pages S9975±95 Pages S9975±95 Wyoming Land Conveyance: Senate passed S. Texas Land Conveyance: Senate passed H.R. 2069, to permit the conveyance of certain land in 4285, to authorize the Secretary of Agriculture to Powell, Wyoming. Pages S9975±95 convey certain administrative sites for National For- Golden Gate National Recreation Area Bound- est System lands in the State of Texas, and to convey ary Adjustment Act: Senate passed H.R. 3632, to certain National Forest System land to the New Wa- revise the boundaries of the Golden Gate National verly Gulf Coast Trades Center, clearing the measure Recreation Area, clearing the measure for the Presi- for the President. Pages S9975±95 dent. Pages S9975±95 New Mexico-Washington Land Transfer: Senate Black Hills National Forest and Rocky Moun- passed S. 2757, to provide for the transfer and other tain Research Station Improvement Act: Senate disposition of certain lands at Melrose Air Force passed H.R. 4226, to authorize the Secretary of Ag- Range, New Mexico, and Yakima Training Center, riculture to sell or exchange all or part of certain ad- Washington, after agreeing to committee amend- ministrative sites and other land in the Black Hills ments. Pages S9975±95 National Forest and to use funds derived from the California Paleontology Interpretive Center: sale or exchange to acquire replacement sites and to Senate passed S. 2977, to assist in the establishment acquire or construct administrative improvements in of an interpretive center and museum in the vicinity connection with the Black Hills National Forest, of the Diamond Valley Lake in southern California clearing the measure for the President. to ensure the protection and interpretation of the pa- Pages S9975±95 leontology discoveries made at the lake and to de- velop a trail system for the lake for use by pedes- National Historic Lighthouse Preservation Act: trians and nonmotorized vehicles. Pages S9975±95 Senate passed H.R. 4613, to amend the National Historic Preservation Act for purposes of establishing Jamestown 400th Commemoration Commission: a national historic lighthouse preservation program, Senate passed S. 2885, to establish the Jamestown clearing the measure for the President. 400th Commemoration Commission, after agreeing to committee amendments. Pages S9975±95 Pages S9975±95 Effigy Mounds National Monument Additions Colorado Conservation and Wilderness: Senate Act: Senate passed H.R. 3745, to authorize the addi- passed H.R. 4275, to establish the Colorado Canyons National Conservation Area and the Black Ridge tion of certain parcels to the Effigy Mounds National Canyons Wilderness, clearing the measure for the Monument, Iowa, clearing the measure for the Presi- President. Pages S9975±95 dent. Pages S9975±95 California Land Conveyance: Senate passed S. West Virginia Hydroelectric Project Extension: 2111, to direct the Secretary of Agriculture to con- Senate passed S. 2942, to extend the deadline for vey for fair market value 1.06 acres of land in the

VerDate 11-MAY-2000 02:55 Oct 07, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC0.PT2 pfrm10 PsN: D05OC0 October 5, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1039 San Bernardino National Forest, California, to Colorado, after agreeing to committee amendments, KATY 101.3 FM, a California corporation, after and the following amendment proposed thereto: agreeing to a committee amendment in the nature Pages S9995±S10003 of a substitute. Pages S9975±95 Mack (for Thomas) Amendment No. 4293, to Colorado National Park/Preserve Establishment: make certain technical and clarifying corrections. Senate passed S. 2547, to provide for the establish- Pages S9995±S10003 ment of the Great Sand Dunes National Park and Little Sandy River Watershed Protection: Senate Preserve and the Baca National Wildlife Refuge in passed S. 2691, to provide further protections for the the State of Colorado, after agreeing to a committee watershed of the Little Sandy River as part of the amendment in the nature of a substitute. Bull Run Watershed Management Unit, Oregon, Pages S9975±95 after agreeing to a committee amendment, and the Americans of German Heritage Recognition: following amendment proposed thereto: Senate agreed to H. Con. Res. 89, recognizing the Pages S9995±S10003 Hermann Monument and Hermann Heights Park in Mack (for Thomas) Amendment No. 4294, to re- New Ulm, Minnesota, as a national symbol of the quire the Secretaries of Agriculture and Interior to contributions of Americans of German heritage. complete an administrative reclassification such that Pages S9975±95 Oregon and California Railroad lands within the area described in the Act become public domains lands DOE National Laboratories: Senate passed S. not subject to distribution provisions, and to author- 1756, to enhance the ability of the National Labora- ize ecosystem restoration activities in Clackamas tories to meet Department of Energy missions, after County, Oregon. Pages S9995±S10003 agreeing to a committee amendment in the nature of a substitute. Pages S9975±95 Harriet Tubman Special Resource Study Act: Senate passed S. 2345, to direct the Secretary of the Miwaleta Park Expansion Act: Senate passed Interior to conduct a special resource study con- H.R. 1725, to provide for the coverage by the Bu- cerning the preservation and public use of sites asso- reau of Land Management to Douglas County, Or- ciated with Harriet Tubman located in Auburn, egon, of a county park and certain adjacent land, New York, after agreeing to a committee amend- after agreeing to the following amendment proposed ment in the nature of a substitute, and the following thereto: Pages S9995±S10003 amendment proposed thereto: Pages S9995±S10003 Mack (for Murkowski) Amendment No. 4290, to Mack (for Thomas) Amendment No. 4295, to add clarifying language related to management of make a technical correction. Pages S9995±S10003 conveyed lands. Pages S9995±S10003 Fort Sumter Tours, Inc., Franchise Fee: Senate Saint-Gaudens National Historic Site: Senate passed S. 2331, to require the Secretary of the Inte- passed S. 1367, to amend the Act which established rior to submit the dispute over the franchise fee the Saint-Gaudens Historic Site, in the State of New owed by Fort Sumter Tours, Inc., to binding arbitra- Hampshire, by modifying the boundary, after agree- tion, after agreeing to a committee amendment in ing to a committee amendment, and the following the nature of a substitute, and the following amend- amendment proposed thereto: Pages S9995±S10003 ment proposed thereto: Pages S9995±S10003 Mack (for Thomas) Amendment No. 4291, to Mack (for Bingaman) Amendment No. 4296, to make certain technical and clarifying corrections. provide for certain arbitration requirements. Pages S9995±S10003 Pages S9995±S10003 Southeastern Alaska Intertie Authorization: Sen- Dayton Aviation Heritage Preservation Amend- ate passed S. 2439, to authorize the appropriation of ments Act: Senate passed H.R. 5036, to amend the funds for the construction of the Southeastern Alaska Dayton Aviation Heritage Preservation Act of 1992 Intertie system, after agreeing to the following to clarify the areas included in the Dayton Aviation amendment proposed thereto: Pages S9995±S10003 Heritage National Historical Park and to authorize Mack (for Murkowski) Amendment No. 4292, to appropriations for that park, clearing the measure for limit the authorization for the Southeastern Alaska the President. Page S10003 Intertie and provide an authorization for Navajo Disabled Veterans’ LIFE Memorial Foundation: electrification. Pages S9995±S10003 Committee on Energy and Natural Resources was Sand Creek Massacre National Historic Site Es- discharged from further consideration of H.R. 1509, tablishment Act: Senate passed S. 2950, to authorize to authorize the Disabled Veterans’ LIFE Memorial the Secretary of the Interior to establish the Sand Foundation to establish a memorial in the District Creek Massacre National Historic Site in the State of of Columbia or its environs to honor veterans who

VerDate 11-MAY-2000 02:55 Oct 07, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC0.PT2 pfrm10 PsN: D05OC0 D1040 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 2000 became disabled while serving in the Armed Forces Technical Corrections: Senate agreed to S. Con. of the United States, and the bill was then passed, Res. 143, to make technical corrections in the en- clearing the measure for the President. rollment of the bill H.R. 3676. Page S10009 Pages S10004±08 Indian Arts and Crafts Enforcement Act: Senate Taunton River Wild and Scenic River Study passed S. 2872, to improve the cause of action for Act: Committee on Energy and Natural Resources misrepresentation of Indian arts and crafts. was discharged from further consideration of H.R. Page S10009 2778, to amend the Wild and Scenic Rivers Act to Junior Duck Stamp Conservation and Design designate segments of the Taunton River in the Program Act Reauthorization: Senate passed H.R. Commonwealth of Massachusetts for study for poten- 2496, to reauthorize the Junior Duck Stamp Con- tial addition to the National Wild and Scenic Rivers servation and Design Program Act of 1994, clearing System, and the bill was then passed, clearing the the measure for the President. Page S10009 measure for the President. Pages S10004±08 Cat Island National Wildlife Refuge Establish- Santa Rosa and Santa Jacinto Mountains Na- ment Act: Senate passed H.R. 3292, to provide for tional Monument Act: Committee on Energy and the establishment of the Cat Island National Wild- Natural Resources was discharged from further con- life Refuge in West Feliciana Parish, Louisiana, after sideration of H.R. 3676, to establish the Santa Rosa agreeing to committee amendments, and the fol- and San Jacinto Mountains National Monument in lowing amendment proposed thereto: Pages S10009±10 the State of California, and the bill was then passed, Mack (for Smith of N.H.) Amendment No. 4298, clearing the measure for the President. to make certain technical corrections. Page S10010 Pages S10004±08 Cahaba River National Wildlife Refuge Estab- ‘‘Jaryd Atadero Legacy Trail’’: Committee on lishment Act: Senate passed H.R. 4286, to provide Energy and Natural Resources was discharged from for the establishment of the Cahaba River National further consideration of H.R. 3817, to redesignate Wildlife Refuge in Bibb County, Alabama, clearing the Big South Trail in the Comanche Peak Wilder- the measure for the President. Page S10010 ness Area of Roosevelt National Forest in Colorado Coastal Barrier Resources System Map: Senate as the ‘‘Jaryd Atadero Legacy Trail’’, and the bill was passed H.R. 34, to direct the Secretary of the Inte- then passed, clearing the measure for the President. rior to make technical corrections to a map relating Pages S10004±08 to the Coastal Barrier Resources System, after agree- ing to committee amendments. Pages S10010±11 Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area: Committee on Coastal Barrier Resources System Boundaries: Energy and Natural Resources was discharged from Senate passed H.R. 4435, to clarify certain bound- further consideration of S. 2273, to establish the aries on the map relating to Unit NC01 of the Black Rock Desert-High Rock Canyon Emigrant Coastal Barrier Resources System, clearing the meas- Trails National Conservation Area, and the bill was ure for the President. Page S10011 then passed, after agreeing to the following amend- Congress’ 200th Anniversary in Washington, ment proposed thereto: Pages S10004±08 D.C.: Senate agreed toS. Con. Res. 144, commemo- Mack (for Bryan) Amendment No. 4297, in the rating the 200th anniversary of the first meeting of nature of a substitute. Pages S10004±08 Congress in Washington, D.C. Page S10011 ‘‘National Cowboy Poetry Gathering’’: Com- Technology Transfer Commercialization Act: mittee on Energy and Natural Resources was dis- Committee on Commerce, Science, and Transpor- charged from further consideration of S. Res. 326, tation was discharged from further consideration of designating the Cowboy Poetry Gathering in Elko, H.R. 209, to improve the ability of Federal agencies Nevada, as the ‘‘National Cowboy Poetry Gath- to license federally owned inventions, and the bill ering’’, and the resolution was then agreed to. was then passed, after agreeing to the following amendment proposed thereto: Pages S10027±28 Pages S10004±08 Mack (for Edwards) Amendment No. 4300, to es- Rosie the Riveter National Park: Senate passed tablish a technology partnerships ombudsman. H.R. 4063, to establish the Rosie the Riveter/World Page S10027 War II Home Front National Historical Park in the Technical Correction: Senate passed H.R. 2641, State of California, after committee amendments to make technical corrections to title X of the En- were withdrawn, clearing the measure for the Presi- ergy Policy Act of 1992, clearing the measure for dent. Pages S10008±09 the President. Pages S10003, S10029

VerDate 11-MAY-2000 02:55 Oct 07, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC0.PT2 pfrm10 PsN: D05OC0 October 5, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1041 Interior Appropriations—Conference Report: By provide health care and related support services to 83 yeas to 13 nays (Vote No. 266), Senate agreed individuals and families with HIV disease, clearing to the conference report on H.R. 4578, making ap- the measure for the President. Pages S10029±35 propriations for the Department of the Interior and Executive Reports of Committees: Senate received related agencies for the fiscal year ending September the following executive report of a committee: 30, 2001. Pages S9879±S9917 Report to accompany the International Plant Pro- During consideration of this measure today, Senate tection Convention (Treaty Doc. 106–23) (Exec. also took the following action: Rept. No. 106–27). Pages S9941±44 By 89 yeas to 9 nays (Vote No. 265), three-fifth Nominations Received: Senate received the fol- of those Senators duly chosen and sworn having lowing nominations: voted in the affirmative, Senate agreed to the motion Anita Perez Ferguson, of California, to be a Mem- to close further debate on the conference report. ber of the Board of Directors of the Inter-American Page S9900 Foundation for a term expiring September 20, 2006. Arrowrock Dam Hydro Project: Senate concurred John M. Reich, of Virginia, to be a Member of in the amendment of the House to S. 1236, to ex- the Board of Directors of the Federal Deposit Insur- tend the deadline under the Federal Power Act for ance Corporation for a term of six years. Page S9931 commencement of the construction of the Arrowrock Messages From the House: Pages S9940±41 Dam Hydroelectric Project in the State of Idaho, clearing the measure for the President. Page S10003 Measures Read First Time: Page S9941 White Clay Creek Wild and Scenic Rivers Sys- Communications: Page S9941 tem: Senate concurred in the amendment of the Executive Reports of Committees: Pages S9941±44 House to S. 1849, to designate segments and tribu- Statements on Introduced Bills: Pages S9945±63 taries of White Clay Creek, Delaware and Pennsyl- vania, as a component of the National Wild and Sce- Additional Cosponsors: Pages S9963±64 nic Rivers System, clearing the measure for the Amendments Submitted: Pages S9965±75 President. Page S10003 Additional Statements: Pages S9938±40 Disaster Mitigation Act: Senate concurred in the Enrolled Bills Presented: Page S9941 amendment of the House to the Senate amendment to H.R. 707, to amend the Robert T. Stafford Dis- Record Votes: Three record votes were taken today. aster Relief and Emergency Assistance Act to author- (Total—266) Pages S9878±79, S9900, S9917 ize a program for predisaster mitigation, to stream- Recess: Senate convened at 9:31a.m., and recessed at line the administration of disaster relief, to control 6:51 p.m., until 9:30 a.m., on Friday, October 6, the Federal costs of disaster assistance, with a further 2000. (For Senate’s program, see the remarks of the amendment proposed thereto as follows: Acting Majority Leader in today’s Record on page Pages S10011±19 S9931.) Mack (for Smith of N.H.) Amendment No. 4299, in the nature of a substitute. Page S10019 Committee Meetings Estuary Habitat and Chesapeake Bay Restoration Act: Senate disagreed to the amendment of the (Committees not listed did not meet) House to S. 835, to encourage the restoration of es- NOMINATIONS tuary habitat through more efficient project financ- ing and enhanced coordination of Federal and non- Committee on Armed Services: Committee ordered favor- Federal restoration programs, agreed to the House ably reported the nominations of Robert B. Pirie, request for a conference, and the Chair was author- Jr., of Maryland, to be Under Secretary of the Navy, ized to appoint the following conferees on the part Robert N. Shamansky, of Ohio, to be a Member of of the Senate: Senators Smith (of N.H.), Warner, the National Security Education Board, Department of Defense, and 7,577 military nominations in the Crapo, Baucus, and Boxer. Pages S10019±27 Army, Navy, Marine Corps, and Air Force. Ryan White Care Act Amendments: Senate con- curred in the amendments of the House to S. 2311, TOBACCO REDUCTION PROGRAMS to revise and extend the Ryan White CARE Act Committee on Commerce, Science, and Transportation: programs under title XXVI of the Public Health Committee concluded hearings to examine effective Service Act, to improve access to health care and the tobacco reduction programs, focusing on how States quality of health care under such programs, and to are spending their revenues from the tobacco settle- provide for the development of increased capacity to ment entered into in November 1998, after receiving

VerDate 11-MAY-2000 02:55 Oct 07, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC0.PT2 pfrm10 PsN: D05OC0 D1042 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 2000 testimony from David Satcher, Assistant Secretary for to the preservation and strengthening of the United Health and Surgeon General, and Terry Pechacek, States leadership role in foreign trade policy, includ- Assistant Director for Science, Smoking and Health, ing fast-track negotiating authority, Free Trade Area Centers for Disease Control and Prevention, both of of Americas negotiations, multilateral trade negotia- the Department of Health and Human Services; tions in the World Trade Organization, and agricul- Maryland State Delegate John Hurson, Annapolis, on tural trade reform, after receiving testimony from behalf of the National Conference of State Legisla- Minnesota Governor Jesse Ventura, Minneapolis. tures; Ohio Attorney General Betty D. Montgomery, Columbus; Francis L. Coolidge, Boston, Massachu- IRANIAN WEAPONS PROGRAMS setts, on behalf of the American Cancer Society; and Matthew Myers, Campaign for Tobacco-Free Kids, Committee on Foreign Relations: Subcommittee on Near Washington, D.C. Eastern and South Asian Affairs and Subcommittee on European Affairs concluded joint hearings to ex- NORTHWEST ELECTRICITY MARKETS amine Russia’s role in Iran’s weapons programs, fo- Committee on Energy and Natural Resources: Sub- cusing on Iran’s continuing efforts to acquire weap- committee on Energy Research, Development, Pro- ons of mass destruction and missile delivery systems, duction and Regulation concluded hearings to exam- foreign assistance to those programs, and the status ine the challenges facing the electricity markets in of United States efforts to halt them, after receiving the Northwest, including the effects of recent whole- testimony from Robert J. Einhorn, Assistant Sec- sale price increases, tight supply and demand condi- retary of State for Nonproliferation; and John A. tions, and wholesale power market competition, after Lauder, Director of Central Intelligence Non- receiving testimony from James J. Hoecker, Chair- proliferation Center. man, Federal Energy Regulatory Commission, and Stephen R. Oliver, Vice President, Bulk Marketing BUSINESS MEETING and Transmission Services, Power Business Line, Committee on the Judiciary: Bonneville Power Administration, both of the De- Committee ordered favor- partment of Energy; Tom Karier, Northwest Power ably reported S. 2448, to enhance the protections of Planning Council, and Rachel Shimshak, Renewable the Internet and the critical infrastructure of the Northwest Project, both of Portland, Oregon; Kelly United States, with an amendment in the nature of Norwood, Avista Utilities, Spokane, Washington; a substitute. Jack Pigott, Calpine Corporation, Pleasanton, Cali- Also, committee began consideration of S. 1020, fornia; Marc J. Sullivan, Northwest Energy Coali- to amend chapter 1 of title 9, United States Code, tion, Seattle, Washington; and Steve Stout, Micron to provide for greater fairness in the arbitration proc- Technology, Boise, Idaho. ess relating to motor vehicle franchise contracts, and a committee resolution for document subpoena pur- U.S. TRADE POLICY suant to Rule 26 to the Department of Energy re- Committee on Finance: Subcommittee on International garding Secretary Richardson, but did not complete Trade concluded hearings to examine issues relating action thereon, and recessed subject to call.

VerDate 11-MAY-2000 02:55 Oct 07, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC0.PT2 pfrm10 PsN: D05OC0 October 5, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1043 House of Representatives CARE Act programs under title XXVI of the Public Chamber Action Health Service Act, to improve access to health care Bills Introduced: 18 public bills, H.R. 5389–5406; and the quality of health care under such programs, 1 private bill, H.R. 5407; and 1 resolution, H. Con. and to provide for the development of increased ca- Res. 418 were introduced. Pages H9010±11 pacity to provide health care and related support Reports Filed: Reports were filed today as follows. services to individuals and families with HIV disease H.R. 3241, to direct the Secretary of the Interior by a yea and nay vote of 411 yeas with none voting to recalculate the franchise fee owed by Fort Sumter ‘‘nay’’, Roll No. 512. Agreed to amend the title. Tours, Inc., a concessioner providing service to Fort Pages H8818±47 Sumter National Monument in South Carolina, Pursuant to the rule, the Bliley amendment in the amended (H. Rept. 106–937), nature of a substitute, printed in the Congressional S. 1936, to authorize the Secretary of Agriculture Record and numbered 1, was considered as adopted. to sell or exchange all or part of certain administra- Page H8822 tive sites and other National Forest System land in H. Res. 611, the rule that provided for consider- the State of Oregon and use the proceeds derived ation of the bill was agreed to by voice vote. from the sale or exchange for National Forest System Pages H8817±18 purposes, amended (H. Rept. 106–938); Las Cienegas National Conservation Area Estab- Conference report on H.R. 3244, to combat traf- lishment: The House passed H.R. 2941, to establish ficking of persons, especially into the sex trade, slav- the Las Cienegas National Conservation Area in the ery, and slavery-like conditions in the United States State of Arizona. Pages H8850±55 and countries around the world through prevention, Pursuant to the rule, agreed to the Hansen through prosecution and enforcement against traf- amendment in the nature of a substitute printed in fickers, and through protection and assistance to vic- the Congressional Record and numbered 1; and tims of trafficking (H. Rept. 106–939); Page H8852 Conference report on H.R. 4475, making appro- Earlier, agreed to the Kolbe amendment to the priations for the Department of Transportation and amendment in the nature of a substitute that strikes related agencies for the fiscal year ending September the reference to the use of eminent domain to ac- 30, 2001 (H. Rept. 106–940); quire land. Page H8855 H. Res. 612, waiving points of order against the H. Res. 610, the rule that provided for consider- conference report to accompany H.R. 4475, making ation of the bill was agreed to by a yea and nay vote appropriations for the Department of Transportation of 411 yeas with none voting ‘‘nay’’, Roll No. 513. and related agencies for the fiscal year ending Sep- Pages H8847±48 tember 30, 2001 (H. Rept. 106–941); and Point of Privilege: Representative Shuster rose to a H. Res. 613, waiving points of order against the point of personal privilege and was recognized for conference report to accompany H.R. 3244, to com- one hour. Pages H8849±50 bat trafficking of persons, especially into the sex trade, slavery, and slavery-like conditions in the Microenterprise for Self-Reliance and Inter- United States and countries around the world national Anti-Corruption Act: The House agreed through prevention, through prosecution and en- to the Senate amendment to H.R. 1143, to establish forcement against traffickers, and through protection a program to provide assistance for programs of cred- and assistance to victims of trafficking (H. Rept. it and other financial services for microenterprises in 106–942). Pages H8855±86, H8922±H9004, H9010 developing countries clearing the measure for the President. Pages H8886±93 Speaker Pro Tempore: Read a letter from the Speaker wherein he designated Representative Simp- Recess: The House recessed at 5:32 p.m. and recon- son to act as Speaker pro tempore for today. vened at 9:38 p.m. Page H8922 Page H8813 Recess: The House recessed at 9:39 p.m. and recon- Guest Chaplain: The prayer was offered by the vened at 11:06 p.m. Page H9004 guest Chaplain, the Rev. Norman B. Steen of the Senate Messages: Messages received from the Senate Christian Reformed Church of Washington, D.C. today appear on pages H8813–14, H8848, and Page H8813 H8921. Ryan White CARE Act Amendments: The House Quorum Calls Votes: Two yea-and-nay votes devel- passed S. 2311, to revise and extend the Ryan White oped during the proceedings of the House today and

VerDate 11-MAY-2000 02:55 Oct 07, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC0.PT2 pfrm10 PsN: D05OC0 D1044 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 2000 appear on pages H8846–47 and H8848. There were States Postal Service located at 1568 South Glen no quorum calls. Road in South Euclid, Ohio, as the ‘‘Arnold C. Adjournment: The House met at 10 a.m. and ad- D’Amico Station;’’ H.R. 5143, to designate the Post journed at 11:08 p.m. Office Building located at 3160 Irvin Cobb Drive in Paducah, Kentucky, as the ‘‘Morgan Station;’’ H.R. Committee Meetings 5144, to designate the facility of the United States Postal Service located at 203 West Paige Street, in YOUTH CRIME GUN INTERDICTION Tompkinsville, Kentucky, as the ‘‘Tim Lee Carter INITIATIVE Post Office Building;’’ H.R. 5229, to designate the Committee on Appropriations: Subcommittee on Treas- facility of the United States Postal Service located at ury, Postal Service and General Government, on Bu- 219 South Church Street in Odum, Georgia, as the reau of Alcohol, Tobacco and Firearms, Youth Crime ‘‘Ruth Harris Coleman Post Office Building;’’ and Gun Interdiction Initiative. Testimony was heard H.R. 5210, to designate the facility of the United from the following officials of the Department of the States Postal Service located at 200 South George Treasury: Bradley Buckles, Director, Bureau of Alco- Street in York, Pennsylvania, as the ‘‘George Atlee hol, Tobacco and Firearms; and Dennis Schindel, Of- Goodling Post Office Building;’’ fice of Inspector General. The Committee also approved the following draft MISCELLANEOUS MEASURES reports entitled: ‘‘The Failure to Produce White Committee on Commerce: Ordered reported, as amended, House E-Mails: Threats, Obstruction and Unan- following measures: H.R. 3011, Truth in Telephone swered Questions;’’ ‘‘Non-Binding Legal Effect of Billing Act of 1999; H. Res. 575, Supporting Inter- Agency Guidance Documents;’’ and the ‘‘Vaccine In- net safety awareness; H.R. 5164, Transportation Re- jury Compensation Program: Addressing Needs and call Enhancement, Accountability, and Documenta- Improving Practices.’’ tion Act; and H.R. 4281, ICCFAM Authorization Act of 2000. SUBPOENA DUCES TECUM Committee recessed subject to call. Committee on the Judiciary: Subcommittee on Immi- FEDERAL PRISON INDUSTRIES gration and Claims authorized the issuance of a sub- Committee on Education and the Workforce: Sub- poena duces tecum requiring the Immigration and committee on Oversight and Investigations held a Naturalization Service to provide Congress with a re- hearing on Federal Prison Industries (FPI): The Pro- port on illegal immigration statistics that was origi- posed Military Clothing Production Expansion—As- nally scheduled to be released on September 28, sessing Existing Protections for Workers, Business, 2000. and FPI’s Federal Agency Customers. Testimony was heard from Representative LoBiondo; George H. CONFERENCE REPORT—TRAFFICKING Allen, Deputy Commander, Defense Supply Center, VICTIMS PROTECTION ACT Philadelphia, Defense Logistics Agency, Department Committee on Rules: Granted, by voice vote, a rule of Defense; and public witnesses. waiving all points of order against the conference re- MISCELLANEOUS MEASURES; COMMITTEE port to accompany H.R. 3244, Trafficking Victims REPORTS Protection Act, and against its consideration. The Committee on Government Reform: Ordered reported the rule provides that the conference report shall be con- following bills: H.R. 4181, amended, Debt Pay In- sidered as read. centive Act of 2000; H.R. 5016, amended, to redes- ignate the facility of the United States Postal Service TRANSPORTATION AND RELATED located at 514 Express Center Drive in Chicago, Illi- AGENCIES APPROPRIATIONS 2001 nois, as the ‘‘J.T. Weeker Service Center;’’ H.R. CONFERENCE REPORT 4830, to redesignate the facility of the United States Committee on Rules: Grant by voice vote, a rule Postal Service located at 1859 South Ashland Ave- waiving all points of order against the conference re- nue in Chicago, Illinois, as the ‘‘Cesar Chavez Post port and against its consideration. The rule provides Office; H.R. 4831, amended, to designate the facil- that the conference report shall be considered as ity of the United States Postal Service located at read. Finally, the rule provides that House Resolu- 2339 North California Street in Chicago, Illinois, as tions 586, 592, 595, 599 and 600 are laid on the the ‘‘Roberto Clemente Post Office;’’ H.R. 4853, table. amended, to redesignate the facility of the United

VerDate 11-MAY-2000 02:55 Oct 07, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC0.PT2 pfrm10 PsN: D05OC0 October 5, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1045 ACCESS TO TECHNOLOGY versions of H.R. 2465, making appropriations for Committee on Science: Subcommittee on Technology military construction, family housing, and base re- held a hearing on rural Access to Technology: Con- alignment and closure for the Department of Defense necting the Last American Frontier. Testimony was for the fiscal year ending September 30, 2000. heard from public witnesses. f CHALLENGES ASSOCIATE WITH BUILDING COMMITTEE MEETINGS FOR FRIDAY, NEW RUNWAYS OCTOBER 6, 2000 Committee on Transportation and Infrastructure: Sub- Senate committee on Aviation held a hearing on Challenges Associated with Building New Runways. Testimony No meetings/hearings scheduled. was heard from Gerald L. Dillingham, Director, House Physical Infrastructure, GAO; and public witnesses. Committee on Commerce, to mark up H.R. 2441, Fairness AIRCRAFT ELECTRICAL SYSTEM SAFETY in Securities Transactions Act, 9:30 a.m., 2123 Rayburn. Subcommittee on Telecommunications, Trade, and Committee on Transportation and Infrastructure: Sub- Consumer Protection, to continue hearings on the Future committee on Oversight, Investigations, and Emer- of the Interactive Television Services Marketplace: What gency Management held a hearing on Aircraft Elec- Should Consumers Expect? 11 a.m., 2322 Rayburn. trical System Safety. Testimony was heard from the Committee on Government Reform, hearing on ‘‘Federal following officials of the Department of Transpor- Wetlands Policy: Protecting the Environment or Breach- tation: Alexis Stefani, Assistant Inspector General, ing Constitutional Rights?’’ 10 a.m., 2154 Rayburn. Auditing; and Elizabeth Erickson, Director, Aircraft Subcommittee on the District of Columbia, hearing on Certification Service, FAA; and public witnesses. Examining Metro’s Track Record: An Oversight hearing on the Challenges and Opportunities Facing the Wash- ington Metropolitan Area Transit Authority, 1 p.m., Joint Meetings 2154 Rayburn. APPROPRIATIONS—AGRICULTURE Subcommittee on Government Management, Informa- tion, and Technology, oversight hearing on the Manage- Conferees continued in evening session to resolve the ment Practices of the Federal Communications Commis- differences between the Senate and House passed sion: The Chairman Reports, 12:30 p.m., 2247 Rayburn.

VerDate 11-MAY-2000 02:55 Oct 07, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC0.PT2 pfrm10 PsN: D05OC0 D1046 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, October 6 9 a.m., Friday, October 6

Senate Chamber House Chamber Program for Friday: After the transaction of any morn- Program for Friday: Consideration of the Conference ing business (not to extend beyond 10 a.m.), Senate may Report on H.R. 4475, Transportation Appropriations, begin consideration of the Conference Report on H.R. 2001 (rule waiving points of order). 4475, Transportation Appropriations, and the Conference Consideration of the Conference Report on H.R. 3244, Report on H.R. 3244, Trafficking Victims Protection Trafficking Victims Protection Act (rule waiving points Act. of order).

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