October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20663 HOUSE OF REPRESENTATIVES—Wednesday, October 4, 2000

The House met at 10 a.m. and was come forward and lead the House in the S. Con. Res. 141. Concurrent resolution to called to order by the Speaker pro tem- Pledge of Allegiance. authorize the printing of copies of the publi- pore (Mr. SHAW). Mr. MORAN of Kansas led the Pledge cation entitled ‘‘The United States Capitol’’ as a Senate document. f of Allegiance as follows: f DESIGNATION OF THE SPEAKER I pledge allegiance to the Flag of the United States of America, and to the Repub- PRO TEMPORE WELCOME TO REVEREND lic for which it stands, one nation under God, LAWRENCE A. LAMBERT, JR. The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. (Mr. MORAN of Kansas asked and fore the House the following commu- f nication from the Speaker: was given permission to address the MESSAGE FROM THE SENATE House for 1 minute and to revise and WASHINGTON, DC, October 4, 2000. A message from the Senate by Mr. extend his remarks.) I hereby appoint the Honorable E. CLAY Lundregan, one of its clerks, an- Mr. MORAN of Kansas. Mr. Speaker, SHAW, Jr., to act as Speaker pro tempore on nounced that the Senate has passed I am here to welcome to the House this day. without amendment bills of the House Chamber and to our Nation’s Capitol J. DENNIS HASTERT, of the following titles: one of my constituents and one of the Speaker of the House of Representatives. H.R. 1800. An act to amend the Violent citizens of Kansas, Reverend Lambert, f Crime Control and Law Enforcement Act of who is here today with his wife, Linda, PRAYER 1994 to ensure that certain information re- and graciously delivered the invocation garding prisoners is reported to the Attorney The Reverend Lawrence A. Lambert, on our proceedings today. General. Reverend Lambert is the United Jr., First United Methodist Church, H.R. 2752. An act to direct the Secretary of Greensburg, Kansas, offered the fol- Methodist minister in the community the Interior to sell certain public land in of Greensburg, a community of several lowing prayer: Lincoln County through a competitive proc- Almighty God, Creator of all people ess. thousand people in the southern part of and nations, acknowledging Your pre- H.R. 2773. An act to amend the Wild and Kansas. It is a delight to have him and eminence, we acknowledge our human- Scenic Rivers Act to designate the Wekiva his wife with us. ness. Asking for Thy Grace and Mercy, River and its tributaries of Wekiwa Springs I appreciate his prayers and concerns forgive us when we wound Your Heart Run, Rock Springs Run, and Black Water for our country and for the House of and grieve Your Spirit in the world. Creek in the State of Florida as components Representatives and for the task we Renew our congressional leaders and of the national wild and scenic rivers sys- have before us. This is Reverend Lam- tem. bert’s first visit to the Nation’s Cap- all Americans in the challenge to keep H.R. 4579. An act to provide for the ex- our Nation physically strong, mentally change of certain lands within the State of itol, and we are delighted to have him awake, and morally straight. Utah. as our guest today. Awaken the pioneer spirit within our H.R. 4583. An act to extend the authoriza- f leaders and all Americans to explore tion for the Air Force Memorial Foundation and reclaim the truths that were to establish a memorial in the District of Co- THE UNITED STATES SHOULD founded in this Country and in which lumbia or its environs. TAKE ACTION TO HELP CITIZENS our Nation with humility proclaimed The message also announced that the OF SIERRA LEONE ‘‘In God we trust!’’ Senate has passed with amendments in (Mr. EHLERS asked and was given Help us embrace Thy eternal truth which the concurrence of the House is permission to address the House for 1 that outweighs any falsehood. requested, bills of the House of the fol- minute and to revise and extend his re- O God, empower Congressional lead- lowing titles: marks.) ers to fulfill the mandate not to be H.R. 1143. An act to establish a program to Mr. EHLERS. Mr. Speaker, I rise served, but to serve. Lift them on provide assistance for programs of credit and again today to discuss the abominable Wings as an Eagle, discerning Your other financial services for microenterprises situation in Africa. We have had over compassion, Your love, vision, will, and in developing countries, and for other pur- two decades of killings, maimings, ab- purpose. poses. ductions, and the murder of approxi- Grant them wisdom for a moral and H.R. 3084. An act to authorize the Sec- mately 1 million Africans. Our State retary of the Interior to contribute funds for just society bearing always the poor Department has done virtually noth- and powerless as Your mandate for the establishment of an interpretative center on the life and contributions of President ing. leadership. Bless each dedicated House If we compare what has happened in Member, their staff, and their families, Abraham Lincoln. The message also announced that the Africa and what has happened in in Thy gracious name and in the name Kosovo and Bosnia, where we have sent of our Lord, Amen. Senate has passed a bill and concurrent resolutions of the following titles in troops, Bosnia and Kosovo do not begin f which the concurrence of the House is to compare in deaths and human agony THE JOURNAL requested: with what has happened in Africa. The SPEAKER pro tempore. The S. 2440. An act to amend title 49, United I am particularly concerned about Si- Chair has examined the Journal of the States Code, to improve airport security. erra Leone, where we now have a battle last day’s proceedings and announces S. Con. Res. 60. Concurrent resolution ex- over diamonds. It is not a political bat- to the House his approval thereof. pressing the sense of Congress that a com- tle, it is a battle for money, for dia- Pursuant to clause 1, rule I, the Jour- memorative postage stamp should be issued monds, for power. Charles Taylor of Li- in honor of the U.S.S. Wisconsin and all nal stands approved. beria undoubtedly is interfering. There those who served aboard her. is some evidence that Mr. Qaddafi from f S. Con. Res. 70. Concurrent resolution re- Libya is also interfering, and others PLEDGE OF ALLEGIANCE questing that the United States Postal Serv- ice issue a commemorative postage stamp from Guinea and other lands. And yet, The SPEAKER pro tempore. Will the honoring the national veterans service orga- we do nothing. We stand and watch it gentleman from Kansas (Mr. MORAN) nizations of the United States. happen.

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

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20664 CONGRESSIONAL RECORD—HOUSE October 4, 2000 Last week in a hearing chaired by oric. America’s families and senior I yield back the Gore government- the gentleman from California (Mr. citizens deserve no less. People should run prescription drug plan that has ROYCE) of the Subcommittee on Africa, come before politics. Washington, D.C. deciding which medi- we saw the maimed and injured, little f cines should be in our cabinet. children whose arms had been chopped REAUTHORIZATION OF THE f off, a terrible, terrible sight, and our VIOLENCE AGAINST WOMEN ACT URGING CONGRESS AND THE AD- State Department and our country MINISTRATION TO RESTORE have done virtually nothing. (Mr. PASCRELL asked and was given PEACE IN SIERRA LEONE It is time for us to rise up and help permission to address the House for 1 the citizens of that Nation. I ask that minute and to revise and extend his re- (Mr. HALL of Ohio asked and was we do that. marks.) given permission to address the House Mr. PASCRELL. Mr. Speaker, the for 1 minute and to revise and extend f House passed the reauthorization of his remarks.) WEN HO LEE, A JUSTICE the Violence Against Women Act on Mr. HALL of Ohio. Mr. Speaker, I DEPARTMENT SCAPEGOAT September 26. The funding for that act rise today to share with this Congress (Mr. TRAFICANT asked and was expired on September 30. When is the a story of a young girl who was given permission to address the House Senate going to act? maimed by thugs in Sierra Leone. for 1 minute and to revise and extend The vote here was 415 to 3. The House These are some of the kids that testi- his remarks.) took great strides in reauthorizing the fied before the Congress last week. Mr. TRAFICANT. Mr. Speaker, I do funding programs in the VAWA that Bintu Amara, who is in this picture, not know if Wen Ho Lee is a spy, but will improve the quality of life for mil- who is 9 years old, watched rebels chop one thing for sure, Wen Ho Lee is a lions of women and children across the off her leg last year. They did it to ter- scapegoat. Wen Ho Lee was a diversion country. It reauthorizes programs that rorize everyone who sees her, and re- used by Janet Reno to avoid the ap- make a real difference in our commu- mind all the world that they will stop pointment of an independent counsel to nities: the STOP grants, the National at nothing in their bid to control the investigate illegal Chinese campaign Domestic Violence Hotline, battered country’s diamond mines. women’s shelters, rape crisis centers. contributions to the Democrat Na- Bintu did not say much at the special I visited one of those centers just re- tional Committee. hearing that the gentleman from Cali- cently. They are doing the job. That is Who is kidding whom? Even Barney fornia (Chairman ROYCE) held last why we reauthorized it. Where is the week, but she did tell this Congress Fife can see through this ploy. Wake Senate? We must be sensitive to the up, Congress. A Chinese Red Army gen- that she wants very much to go to needs of every woman who is a victim school. That is not likely to happen, I eral, a Red Army general was one of of these tragic circumstances. the Chinese who funneled money to the am sad to report. Today, diamonds will I would like to thank the gentle- earn $37 million for rebel armies, like Democrat National Committee, and woman from Maryland (Mrs. MORELLA) there has been no investigation. Beam the one that did this to Bintu. Tomor- and the gentleman from Michigan (Mr. row they will earn another $37 million, me up. CONYERS) for their leadership on this I yield back the treason of Janet and so on. critical legislation. I urge this Congress and this admin- Reno and the secrets still to be stolen f istration to do something about this, by the Chinese. not in a year, not some day, but today. f BUREAUCRATS PRACTICING MEDICINE Americans buy two-thirds of the MISLEADING STATEMENTS BY world’s diamonds. They would be horri- THE VICE PRESIDENT (Mr. GIBBONS asked and was given fied to know that this is where their permission to address the House for 1 (Mr. BALLENGER asked and was money goes. minute and to revise and extend his re- We owe it to them, we owe it to given permission to address the House marks.) for 1 minute and to revise and extend Bintu, to do something about this trag- Mr. GIBBONS. Mr. Speaker, obvi- edy. his remarks.) ously, I am no medical doctor. There- Mr. BALLENGER. Mr. Speaker, do fore, I would never presume to know f Members remember that all-American what medication, for example, would ILLEGAL PRACTICES BY THE slogan: baseball, mom, and apple pie? be better to treat the heart condition CLINTON-GORE ADMINISTRATION We have a new campaign slogan today, of a 72-year-old woman in Winnemucca, (Mr. PITTS asked and was given per- thanks to the Vice President, the per- Nevada. mission to address the House for 1 son who supposedly invented the Inter- Yet, the Gore plan thinks that Wash- minute and to revise and extend his re- net. It goes, dog, mother-in-law, and ington bureaucrats should know best marks.) prescription drugs. which drug should or should not be Mr. PITTS. Mr. Speaker, last night This week, the Boston Globe, no used by my constituents 2,000 miles in the Presidential debate AL GORE’s member of the vast right wing con- away in Nevada. After all, that is what words ‘‘No controlling legal authority’’ spiracy, and the Washington Times his Medicare Modernization Act calls came up. What George Bush should both reported that GORE made up an for, 182 new mandates on prescription have said is that all those words mean anecdote about the cost of drugs. Why drug delivery, including a government is, ‘‘Catch me if you can.’’ would the Vice President mislead our formulary to cover prescriptions. If a Everyone in Washington knows it is Nation’s seniors and the entire media drug is not listed in the Gore for- illegal to use foreign money. It is ille- by telling a bogus personal story that mulary, Medicare will not cover it, and gal to launder money. It is illegal to his mother-in-law pays three times the a needy citizen, a senior, will not be sell access. It is illegal to use your price for arthritis medicine as com- able to obtain their life-saving medica- phones, your computers, your office, pared to his dog? Why would he stretch tion. your staff, for raising funds. the truth on such an important issue Mr. Speaker, this same plan has The Democrats have accepted mil- that the Republican House already has failed miserably in Canada and Europe. lions of dollars in foreign moneys, taken action on to lower the cost of My fellow citizens in Nevada and laundered money, and turned the Lin- medicines by 25 percent? Why would he across America should not be denied coln bedroom and the coffee klatches puff up a false personal story? Solely to access to the prescription drugs they into a money-making machine. score political points with our Nation’s need by Washington bureaucrats whose Mr. GORE not only participated and seniors? only medical credentials are that they planned, he was a cheerleader of this Whatever the motive, it is time for have visited a doctor for their yearly administration and their corrupt prac- some straight talk, not invented rhet- physical. tices in the White House. That is why

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20665 the American people are disappointed There will be an estimated $268 bil- wanted to reduce the debt. But as of in Vice President AL GORE. lion surplus this fiscal year. Our ques- this morning, we have not heard a word f tion he simple: Should it be used to pay from either one of them. off the public debt, or should it be I am curious, what are they waiting ANNOUNCEMENT BY THE SPEAKER spent on ongoing Washington pro- for? Could it be because the Vice Presi- PRO TEMPORE grams? dent has proposed over $1 trillion in The SPEAKER pro tempore. The new government spending? I think it 1015 Chair would advise that the Member b is. It seems the Vice President cares should avoid personal references to the Republicans are for using the surplus more about spending the surplus than President or the Vice President. to pay off the debt. Where do President saving it. Why else has he been silent f Clinton and Vice President GORE on joining our efforts to eliminate the stand? Our children and grandchildren debt? CONGRESS MUST WORK TO PAY deserve better than to inherit moun- This Democrat administration spend- OFF THE PUBLIC DEBT AND tains of debt. ing spree will jeopardize the health of PROVIDE A PRESCRIPTION DRUG Mr. Speaker, I urge the President and Social Security and Medicare, and that BENEFIT TO SENIORS Vice President to put debt reduction is just wrong. I tell the Vice President, (Mr. BARTLETT of Maryland asked ahead of spending and agree to our 90– come on, together let us eliminate the and was given permission to address 10 percent proposal. national debt. Social Security and the House for 1 minute and to revise f Medicare depend on it. and extend his remarks.) f Mr. BARTLETT of Maryland. Mr. UNITED STATES MUST DO MORE WOMEN’S CAUCUS COORDINATED Speaker, in this time of great pros- FOR JUST PEACE IN SIERRA EFFORT ON PASSING VAWA perity, it is imperative that Congress LEONE works to pay off the public debt and (Mr. ROYCE asked and was given per- (Mrs. MALONEY of New York asked provide a prescription drug benefit for mission to address the House for 1 and was given permission to address all seniors. minute.) the House for 1 minute.) The Nation has a public debt of over Mr. ROYCE. Mr. Speaker, the war in Mrs. MALONEY of New York. Mr. $3 trillion. However, in the last 3 years, Sierra Leone has been one of the most Speaker, one of the top priorities of the Republicans have paid down $354 billion barbaric in the world. A rebel group, bipartisan Women’s Caucus is reau- in public debt and are on track to com- the RUF, supported by neighboring Li- thorizing the Violence Against Women pletely pay off this part of the national beria, has been conducting the most Act. The House has already passed it debt by 2012. hideous of violence against civilians in by a nearly unanimous vote, 415 to 3. But while women are being beaten up Republicans are committed to using this west African country. They are and children continue to witness vio- 90 percent of next year’s budget surplus doing this to steal the Nation’s dia- lence every day in their homes, the to pay off the public debt, while lock- mond wealth. Senate and the conference committee ing away 100 percent of the social secu- Last week, 4-year-old Memunatu have yet to act. It is time for action. rity and Medicare surpluses. Mansaray told us how her and her We are calling, in a bipartisan way, on While we remain the most prosperous grandmother were among 300 people our colleagues in the House and the Nation in the world, the sad reality is who sought refuge in a mosque when Senate on the conference committee. that there are still some seniors who rebels attacked the capital. When she We know that this bill will save lives. have to choose between putting food on cried out, the hiding population was We know that it helps our communities the table and the prescription drugs discovered, and all but her were shot deal with domestic violence. they need to live healthy lives. Mr. dead. She survived because, when it We know that passing VAWA is one Speaker, that is not fair. was her turn, a rebel commander told a way to stop the cycle of violence in When we passed a prescription drug 12-year-old boy, a boy captured and America. We know that the prosecu- benefit that was voluntary, available, drugged by the rebels, not to waste a tors and law enforcement officers sup- and affordable for all seniors, the gen- bullet on her, but to cut off her hand. port it. How long must our children tleman from Illinois (Mr. GEPHARDT) Her right hand was amputated that day suffer the consequences of family vio- and the Democrats walked out on sen- when she was just 2 years old. lence. Every day that goes by without iors. That is not right. Republicans Fortunately, private Americans have passing it is too long. will not walk out on seniors, and will come forth to give her medical atten- We call upon this House and Senate continue to work to find a bipartisan tion. But there are thousands of other and conference committee to pass the solution to reducing the cost of pre- child victims with nothing. As a mat- Violence Against Women Act. scription drugs while working to pay ter of fact, there are 20,000 amputees. I off our public debt. believe that those who saw her left f f with an awareness of why the U.S. PRESIDENTIAL CANDIDATES must do more to help bring a just DISAGREE ON TAXING ISSUES THE PRESIDENT SHOULD PUT peace, a just peace to Sierra Leone. (Mr. ARMEY asked and was given DEBT REDUCTION AHEAD OF This savagery has to stop. SPENDING AND AGREE TO RE- permission to address the House for 1 PUBLICAN 90/10 PROPOSAL f minute and to revise and extend his re- PRESIDENT AND CONGRESS marks.) (Mr. HERGER asked and was given Mr. ARMEY. Mr. Speaker, as a result SHOULD WORK TOGETHER TO permission to address the House for 1 of decades of social engineering, the ELIMINATE DEBT minute and to revise and extend his re- United States Tax Code has evolved marks.) (Mr. SAM JOHNSON of Texas asked into a complex maze of deductions, Mr. HERGER. Mr. Speaker, it has and was given permission to address credits, exemptions, and special pref- been 22 days since the Congress pro- the House for 1 minute and to revise erences under which taxpayers with posed to lock away 100 percent of the and extend his remarks.) same incomes can pay vastly different social security and Medicare surpluses Mr. SAM JOHNSON of Texas. Mr. amounts in taxes. and dedicate at least 90 percent of the Speaker, it has been 22 days ago since This uneven treatment of taxpayers total budget surplus for public debt re- Republicans asked the President and is fundamentally unfair and it is at duction. It has been 22 days that the Vice President to join us in dedicating odds with the American value of equal- Clinton-Gore administration has re- 90 percent of next year’s surplus to ity under the law. fused to answer our calls for debt re- eliminating the national debt. Even Unfortunately, Mr. Speaker, Vice duction. last night, the Vice President said he President AL GORE’s economic plan

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20666 CONGRESSIONAL RECORD—HOUSE October 4, 2000 would make things even worse. Al- minute and to revise and extend his re- REBELS IN SIERRA LEONE PROFIT though the Vice President claims to marks.) FROM ‘‘BLOOD’’ DIAMONDS provide middle class tax relief, he actu- Mr. SCHAFFER. Mr. Speaker, nearly (Mr. WOLF asked and was given per- ally provides meager relief only to 40 years ago, President Dwight D. Ei- mission to address the House for 1 those individuals who agree to live the senhower warned ‘‘we cannot mortgage minute and to revise and extend his re- government-approved AL GORE man- the material assets of our grand- marks.) dated life-style. children without risking the loss also Mr. WOLF. Mr. Speaker, the Clinton As a result, the Wall Street Journal of their political and spiritual herit- administration has a miserable record reported yesterday ‘‘families earning age. on what is taking place in Sierra identical amounts of money would pay ‘‘We want democracy to survive for Leone. Moctar Jollah is a 27-year-old. widely different taxes and families all generations to come, not become He is from Sierra Leone. This past earning more money than others could the insolvent phantom for tomorrow.’’ year, Moctar had his right hand and his pay significantly lower taxes.’’ This Congress has a chance to tear ear cut off by rebel thugs in Sierra Those who choose the GORE life-style off a piece of that mortgage placed on Leone. The gentleman from Ohio (Mr. get a tax break. Those who choose to our children and our grandchildren and HALL) and I met Moctar at an amputee live their own lives get nothing. For all of our future generations by paying example, if one purchases a costly elec- camp this past December. off America’s debt. We can start this At the amputee camp, Moctar intro- tric car, the Vice President gives one a year. We can start by committing 90 duced us to thousands of people who tax break. If one purchases a Ford percent of the surplus to paying off were lucky to be alive. The people we pickup truck, one gets nothing. That is America’s debt. met were the survivors, those who did not my definition of fairness. That is Democrats say it cannot be done, and not bleed to death as they struggled to not my definition of freedom. they are wrong. Just a couple of years Governor Bush, however, has a dif- flee the rebels who had cut off their ago when we Republicans promised we ferent approach. He believes that all arms, their legs, and their ears. would stop Bill Clinton’s raid on Social Americans are overtaxed and worthy of No one was spared the brutal, gro- Security, Democrats said that could some relief, even those who drive Ford tesque, and evil actions of the rebels. not be done. But once again, they were pickup trucks. His evenhanded plan Infant babies had their arms and legs wrong. would provide relief to virtually every cut off. Young men in the prime of Paying off the debt should be our top taxpayer. That, Mr. Speaker, is fair. their life suddenly had half a leg. priority. It frees up money currently Women were raped by rebels and then f spent on interest and allows us to pay had their limbs amputated, only to REAUTHORIZATION OF THE VIO- for other top priorities such as pre- give birth several months later as a re- LENCE AGAINST WOMEN ACT OF scription drug benefits, saving Social sult of the rape they suffered. 1994 Security, and preserving the political Why did the rebels of Sierra Leone do (Mrs. BIGGERT asked and was given and spiritual heritage of our grand- it? They did it because of diamonds. permission to address the House for 1 children. Diamonds to profit and control and minute.) trade in Sierra Leone. The trade in Mrs. BIGGERT. Mr. Speaker, October f conflict for blood diamonds must stop. is National Domestic Violence Aware- The gentleman from Ohio (Mr. HALL) ness Month, a time for us to reflect REPUBLICANS COMMITTED TO has a bill, the CARAT Act, H.R. 5147. upon the damage done to American so- PAYING DOWN DEBT Pass the bill, stop the flow of blood from conflict diamonds. ciety by domestic violence. (Mr. CHABOT asked and was given Scratch the surface of any of our Na- f permission to address the House for 1 tion’s most challenging social prob- minute.) URGING DEPARTMENT OF JUSTICE lems, from crime in schools to gang vi- Mr. CHABOT. Mr. Speaker, for far TO END NONSENSE AGAINST olence and homelessness, and one is too long, government spending reigned MICROSOFT likely to find the root cause is domes- supreme in Washington. Deficit spend- tic violence. (Mr. RYAN of Wisconsin asked and Law enforcement officials report that ing ran rampant, the debt ballooned, was given permission to address the domestic violence calls are among and taxes skyrocketed. It was always House for 1 minute and to revise and their most frequent. Judges find that spend first and worry about the debt extend his remarks.) children first seen in their courts as later. Mr. RYAN of Wisconsin. Mr. Speaker, victims of domestic violence return But today Republicans are changing hopefully Tuesday, September 26, later as adult criminal defendants. course and saying that paying off the marked the turning point in the mis- Schools report that children with emo- debt for our children’s future should be guided antitrust suit against Microsoft tional problems often come from envi- at the front of the line, not at the end when the Supreme Court turned down a ronments where violence is the norm. of the line. Hail-Mary plea by the government to What does this tell us? It tells us Republicans are committed to paying hear Microsoft’s appeal. that violence begets violence, and it is off the national debt. We have already Two new studies, one from the Insti- incumbent on all of us to try and break reduced the debt by about $350 billion tute of Policy Innovation and one from the cycle. That is exactly what the Vi- and are committed to eliminating the the Association for Competitive Tech- olence Against Women Act, VAWA, of national debt altogether. nology calculate the annual economic 1994 has helped us to do over the last 6 The Clinton-Gore administration ve- damages caused to our economy would years. toed relief on the marriage and death range between $20 billion and $75 bil- Let us get to the President’s desk taxes. Remember? Republicans are not lion a year. now the 5-year reauthorization of about to sit back and let the Demo- I would like to quote Milton Fried- VAWA. It is a vital investment in this crats now spend that money. man, the Nobel Laureate Economist Nation’s future. As we finalize next year’s budget, we who said, ‘‘Silicon Valley is suicidal in are dedicated to three core principles. calling government in to mediate in f Let us pay down the debt. Let us make the disputes among some of the big PAYING OFF DEBT PRESERVES sure Social Security and Medicare are companies in the area and Microsoft. THE POLITICAL AND SPIRITUAL on sound financial ground for this gen- The end result will be that an industry HERITAGE OF OUR GRAND- eration of seniors and future genera- that up to now has been able to proceed CHILDREN tions. Let us give the American people at a marvelous pace with little or no (Mr. SCHAFFER asked and was given substantial tax relief. They deserve it. government regulation is now going to permission to address the House for 1 That is what is right for the country. have government all over it. It is going

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20667 to spend in legal fees over the next 10 Let me just go through this chart will be supported by virtually all of the or 20 years, money which society would briefly. The biggest risk is doing noth- Democrats and I think a great many benefit from much more if it were ing at all. Social Security has a total Republicans in the House. It is a bill spent in the kind of research and devel- unfunded liability of over $20 trillion. that is supported by the Mayor of the opment that has brought us many mir- The Social Security Trust Fund con- District of Columbia and by the D.C. acles in the area of Internet, in the tains nothing but IOUs. That is what City Council, the properly elected offi- area of home computers, industry com- the Vice President is suggesting, that cials to govern the district. And it is puters, and all the rest.’’ we add another giant IOU and somehow the only bill that the President will The Berkshire Hathaway vice-chair- come up with the money. How are we sign. man, Charles Munger, says ‘‘The Jus- going to come up with the money? This bill provides $34 million more in tice Department could hardly have The last point. To keep paying pro- Federal funds to enable the District to come up with a more harmful set of de- gram Social Security benefits, the pay- undertake important economic devel- mands than those it now makes. If it roll tax will have to be increased to at opment, environmental restoration and wins, our country will end up hobbling least 50 percent of total income; 50 per- educational opportunity activities. It its best-performing high-tech busi- cent of total income for our FICA taxes fully funds the Federal commitment to nesses.’’ or benefits will have to be cut by one- build the New York Avenue metro sta- I urge an end to this madness. third. tion; and, in fact, it represents only a f We cannot continue to go on doing third of the cost, given the fact that if we provide this money; the private sec- WELFARE REFORM SUCCESS nothing. We have to make some pro- gram changes if we are going to keep tor will provide another third; another (Mr. STEARNS asked and was given this important program solvent. third will come from local funds. permission to address the House for 1 The Senate bill also enables the Pop- minute.) f lar Point remediation project to begin. Mr. STEARNS. Mr. Speaker, hearing APPOINTMENT OF CONFEREES ON It provides tuition assistance for D.C. the Democrats say they reformed wel- H.R. 4942, DISTRICT OF COLUMBIA students to be able to take advantage fare is similar to saying all of us in APPROPRIATIONS ACT, 2001 of the ability to attend college outside this House won gold in the Olympics. Mr. ISTOOK. Mr. Speaker, I ask of the District of Columbia. Without Did we participate in the success at unanimous consent to take from the these funds, that program cannot be Sydney? No. But did this Nation ben- Speaker’s table the bill (H.R. 4942) fully implemented. And it will enable efit from the years of practice and ex- making appropriations for the govern- the D.C. courts to see their first pay in- perience of these gold medals? Yes. ment of the District of Columbia and crease in more than 5 years. The Senate bill also refrains from When we were talking about reform- other activities chargeable in whole or imposing new social policies on the ing welfare, the Democrats said welfare in part against revenues of said Dis- District, policies that we would never reform would fail, and President Clin- trict for the fiscal year ending Sep- try to impose on our own constituents ton vetoed this legislation twice. tember 30, 2001, and for other purposes, in our own congressional districts, and b 1030 with a Senate amendment thereto, dis- policies that have been rejected by the agree to the Senate amendment, and Well, failure could not be further citizens of the District of Columbia and agree to the conference asked by the from the truth today. Taxpayers are that, in fact, are intended to negate ac- better off than they were 4 years ago Senate. tions, programs, and initiatives that due to fiscal responsibility and reforms The SPEAKER pro tempore (Mr. are working within the District of Co- passed by the Republican Congress. Six SHAW). Is there objection to the request lumbia and that we ought to support years ago welfare checks in the North- of the gentleman from Oklahoma? not only because they are working, east totaled about $47 million, and this There was no objection. but, most importantly, because they year the costs are about $12 million, MOTION TO INSTRUCT OFFERED BY MR. MORAN are the way that the citizens of the nearly $35 million in savings. OF VIRGINIA District of Columbia choose to spend Republicans have helped restore in- Mr. MORAN of Virginia. Mr. Speak- their own money. centive to work instead of dooming er, I offer a motion. In addition to eliminating the more families to a life of continued depend- The Clerk read as follows: controversial social riders that were encies. Our policy should be a hand up, Mr. MORAN of Virginia moves that the added anew to this bill, it goes a long not a hand out. managers on the part of the House at the way in honoring and giving more re- f conference on the disagreeing votes of the spect to the District and its reform- two Houses on the Senate amendments to minded elected officers by reducing by SOCIAL SECURITY the bill H.R. 4942 be instructed to recede more than 30 the number of general (Mr. SMITH of Michigan asked and from disagreement with the amendment of the Senate. provisions in the bill that are no longer was given permission to address the necessary. House for 1 minute and to revise and The SPEAKER pro tempore. The gen- That is why the Senate bill is a supe- extend his remarks.) tleman from Virginia (Mr. MORAN) will rior bill, why in the very last days of Mr. SMITH of Michigan. Mr. Speak- be recognized for 30 minutes and the this session we ought to recede to the er, I think a lot of Americans listened gentleman from Oklahoma (Mr. Senate and get this bill passed. to the debate last night. A lot of us ISTOOK) will be recognized for 30 min- Mr. Speaker, I reserve the balance of have been working on Social Security utes. my time. for a long time, certainly our Speaker The Chair recognizes the gentleman Mr. ISTOOK. Mr. Speaker, I yield pro tempore, the gentleman from Flor- from Virginia (Mr. MORAN). myself such time as I may consume, ida (Mr. SHAW), myself, the gentleman Mr. MORAN of Virginia. Mr. Speak- and I rise to oppose the motion to in- from Texas (Mr. STENHOLM), the gen- er, I yield myself such time as I may struct made by the gentleman from tleman from Arizona (Mr. KOLBE), and consume. Virginia. many others have been looking at ways Mr. Speaker, the motion, as it was I recognize the gentleman is con- to keep this most important program read, would instruct the conferees to cerned about the differences between continuing to be solvent. A lot of peo- accept the Senate version of the Dis- the House-passed and Senate-passed ple depend on it. trict of Columbia appropriations bill bills and he is willing to take what the I was very upset last night with some for fiscal year 2001. The reason is that Senate has done, but I would certainly of the comments on Social Security. the Senate bill is a superior bill. disagree with some of the things he The Vice President has got a plan that The Senate bill is a bill that was sup- wants to accomplish because I think he I think does not solve the huge prob- ported by virtually all of the Repub- would defeat his whole purpose if we lem of keeping Social Security solvent. licans and Democrats in the Senate, were to adopt the Senate bill.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20668 CONGRESSIONAL RECORD—HOUSE October 4, 2000 If we were to adopt the Senate bill, probation and parole who are required ing to keep kids away from tobacco, for example, we would create a hole of to stay drug free as a condition of re- that the gentleman’s motion would $61 million in the District’s own budg- maining free on the streets. wipe out; but I think I have said et. We would put it out of balance. The House has the larger amount of enough to make the point. Why? Because there is language that money to make sure that we not only I urge Members to oppose the motion the Senate does not have that we are have the drug testing to get people of the gentleman from Virginia. poised to put in the conference agree- locked right back up if they violate Mr. Speaker, I reserve the balance of ment for what they call the ‘‘tobacco that condition of their probation or my time. securitization.’’ These are proceeds their parole, but also to provide the Mr. MORAN of Virginia. Mr. Speak- from the tobacco settlement that al- drug counseling and treatment that is er, I yield myself such time as I may lows the District a revenue stream to necessary to try to help people not consume. issue securities to be able to use that only to be drug free now but to be that First off, the Mayor and the Public money in their budget. They need the way for the rest of their lives, even Benefits Corporation seem to be work- language provisions that we are work- after the term of their probation or pa- ing out their problems. Although I ing on in the conference report, or they role expires. know language would be beneficial, we are going to have a hole in their budg- If we adopted the gentleman’s lan- have not seen this particular language et. guage, we would also be taking out $1 to which the chairman refers. So if we just took the gentleman’s million in a public-private housing Mr. ISTOOK. Mr. Speaker, will the recommendation, and he says he is con- partnership that is being put together gentleman yield? cerned with the finances of the Dis- by the Washington Interfaith Network, Mr. MORAN of Virginia. I yield to trict, we are going to knock a big hole where the Washington religious com- the gentleman from Oklahoma. in their budget by doing so. munity is providing a lot of resources Mr. ISTOOK. I am referring to the Mr. MORAN of Virginia. Mr. Chair- and effort to improve a particular language that is in the House bill, al- man, will the gentleman yield? housing project that we have some though the gentleman correctly notes Mr. ISTOOK. I yield to the gen- matching Federal money to work with that we are working on possible revi- tleman from Virginia. the private effort that they are putting sions of that to put it in its best form. Mr. MORAN of Virginia. Is my recol- forth there. Mr. MORAN of Virginia. Well, re- lection incorrect that that is not in the If we adopt the language of the gen- claiming my time, Mr. Speaker, those House bill either? tleman from Virginia, we also would be subsequent revisions we have not seen. Mr. ISTOOK. Reclaiming my time, giving a blank check to the Public Ben- Now, the gentlewoman from the Dis- Mr. Speaker, that is why it is to be efit Corporation. Well, what is the Pub- trict of Columbia, who is the proper added in conference. The District has lic Benefit Corporation? That is the en- representative of the citizens of the been working on the language, which tity that runs D.C. General Hospital District of Columbia, feels that the they have submitted to us, knowing that, in addition to the $45 million sub- highest priority is to get this bill fund- that it needs to be inserted in the con- sidy that they receive from the Dis- ed, notwithstanding issues with regard ference report. It is a part of the Dis- trict of Columbia, has been running ad- to the securitization of tobacco rev- trict’s budget. They are relying upon ditional deficits of over $100 million enue and things like that. She is look- these funds. total over these last 3 years. We have ing to the priorities of the Mayor, the But without having the conference so language in the House bill that brings city council and its citizens, and feels that we can insert that language, all the PBC under control, to try to get its that this motion is in the best interest other issues aside, the gentleman finances straightened up. The Senate of those citizens, which I find to be a would blow a greater hole in the Dis- bill does not have that language. By compelling argument to accept the trict’s budget than the gentleman is adopting the Senate bill we would per- Senate version. trying to get them in additional Fed- petuate the abuse and the misuse, the Mr. Speaker, I yield 8 minutes to the eral money. Because, as the gentleman illegal, I believe, management of funds gentlewoman from the District of Co- points out, the additional Federal at the D.C. General Hospital, which lumbia (Ms. NORTON). money that the Senate bill has that is right now the Mayor, the Council, and Ms. NORTON. Mr. Speaker, I thank not in the House bill is about $30 mil- the new members on the PBC board are the gentleman for yielding me this lion or $35 million, only half of the hole trying to get a handle on the situation time. I appreciate his comments. that we would blow in the District’s and change the structure of the D.C. First, let me indicate that what I am budget if we did not go to conference. General Hospital. going to say now has the sign-off of the And, of course, as the gentleman is If we do not have the incentive in Mayor and the Chair of the city coun- aware, the Federal funds in the House this bill to say to them that they can cil, who want us to support the motion bill, it is kind of like having a check- no longer just take money that was not to instruct so that D.C. can get its ing account or a savings account and even budgeted and pour it into D.C. money and we can recede to the Senate drawing against it. We had an alloca- General Hospital, ignoring the law, as bill. tion for what we could do regarding the the General Accounting Office has D.C. General Hospital has been taken District; the Senate had the larger ac- made clear is what they have been care of in the Senate bill. There is count, and that is the reason they pro- doing, we will not get the D.C. General some money that can be moved, if nec- vided a higher level of funding. We Hospital situation under control. We essary, to assist the transition, with have all along expected that more most certainly will not if we just adopt very severe limits on it; and D.C., of funds would be made available to the the motion of the gentleman from Vir- course, can no longer fund the hospital House so that we could, for example, ginia. above and beyond the appropriated provide more Federal funding for the There are a number of things that amount. That has been fully taken care New York Avenue metro station in par- are either in the House bill or that we of in the House. ticular. That has been the plan all have been working to make sure are The Senate budget as to along, and it is proceeding accordingly. put into the conference report between securitization of the tobacco settle- In addition, of course, to the finan- the House and the Senate that would ment, D.C. would have desired that. cial problems that we would cause for be destroyed by the motion of the gen- the District were we to adopt the mo- tleman. I do not think we want to b 1045 tion of the gentleman from Virginia, adopt that motion. But the necessity to get this bill we would, of course, take out some I could talk about other things. We done is overriding, and the mayor and other things. We would take out sev- could talk about the drug-free zones the City Council are asking our col- eral million dollars of the drug testing that would be wiped out; I could talk leagues on both sides to support the and treatment program for persons on about the youth tobacco program, try- motion to instruct.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20669 The Senate bill is tough on the Dis- Now, understand that this dispute in- off the street during the high crime trict, tougher than necessary, but it is volves priorities that were funded in hours between 3 and 6. And the only a fair bill. It forces me to swallow hard. the President’s budget and that the reason is because this body has decided There are major attachments on that District cannot do without. So that to hold our budget up, our balanced bill reflecting the views of this House means a fight, too. They have a fight budget, and we cannot move ahead on as well as the Senate. There is a major on their hands. Do they want a fight? anything new until they let our budget violation of home rule right in our Do they want to stick around and go. face. fight? They are going to get their fight. Is it worth it to put their own signa- Congressional review of the Chief Fi- Because we have got to get that Metro ture on somebody else’s budget when nancial Officer before that nomination station. they have done their homework? Let becomes effective even after hearings D.C. has come up with a third of the the District budget go. and confirmation by the Council, a to- money. As far as the Metro station, Mr. ISTOOK. Mr. Speaker, I yield tally unnecessary, horrible violation of one of our business people has written myself such time as I may consume. home rule. And if the mayor and the an extraordinary piece in the Wash- Mr. Speaker, let me, as part of my re- sponse to some things that have been City Council are willing to let that go ington Post saying he simply cannot claimed, take issue with this idea that without a fight and a veto, I think it believe that, with the millions of dol- supposedly the bill consists almost en- says a lot about the urgency of passing lars he is pouring into the District, tirely of local funds. this bill because I am going to have that the Congress would not let this something to say about what the spe- In this bill, of the total of about $5.5 Metro station go. It is key to the revi- billion in operating expenses in the cific injury is to the District in holding talization of the entire northeast quad- this bill longer. bill, about $3 billion of it is raised lo- rant of the city, to the city’s economy cally, about $2 billion of it is different The Senate bill requires the District itself, which is just rebounding from to pay back in 1 year amounts taken Federal grant programs that comes insolvency. from the Federal Government; and from its emergency reserves for emer- We cannot put any more of our gencies, and that becomes very dif- then over $400 million of it is direct ap- money into it. The control board has propriation of Federal funds to the Dis- ficult for us because it is a city recov- certified that it does not have more of ering from insolvency. If we take an trict of Columbia. its money to put into it. That is going I do not consider $2.5 billion of Fed- amount from the reserves, the District to hold this bill up. We are not going to eral money or $400 million of appro- asks that we have 3 years to pay it give up without that Metro stop. If my priated money—and of course it ex- back. We are not able to get that in the colleagues want to hang around and ceeds that $400 million—I do not con- Senate bill. That is the kind of tough fight over it, they got themselves a sider that to be small potatoes. I con- language the District would have to ab- fight. sider that to be a lot of taxpayers’ sorb through the Senate bill. Members have always supported such money. But the Senate bill would, at least, infrastructure support. They did so We do not have that kind of direct make this small appropriation go when we were building the Convention appropriation to my hometown. It does away. And then what would we have? Center because they knew that we were not go to Oklahoma City. It does not Would it be one down and eight to go? going to make millions of dollars for go to Sacramento. It does not go to I have lost count. But they have got a ourselves every year. And so the Con- Minneapolis or St. Paul or even Chi- lot to do before they get out of here. If gress funded an expansion of the Metro cago. It goes to Washington, D.C., as they want to spend their time in Octo- stop near the Convention Center when the Nation’s Capital because we have a ber and November fighting over the the President put the money in his unique constitutional perspective and D.C. bill, be my guest. Because we are budget, as he has now. mandate regarding the Nation’s Cap- not going to give up without a fight. This body, in one of the great mo- ital. Otherwise, we would not have this If in fact we do not adopt the Senate bill, we would not have a District ap- version, what we are headed for is a ments frankly for bipartisan support for the Nation’s capital, passed the Col- propriation. veto and a protracted fight over the Ms. NORTON. Mr. Speaker, will the smallest appropriation consisting al- lege Access Act. There was strong bi- partisan support in the Senate and the gentleman yield? most entirely of locally raised revenue. Mr. ISTOOK. I yield to the gentle- This would be an absurd fight this late House because the House understood that we are the only jurisdiction in the woman from the District of Columbia. in the year because it would be a fight Ms. NORTON. Mr. Speaker, just for United States that does not have a over D.C.’s balanced budget with a sur- the record, I want the gentleman to State college system, a State univer- plus. know that, of the $2 billion that the The Senate version, of course, has sity system. So that now our young- gentleman has referenced, only $400 riders we deplore but it bears us a fight sters can go to State colleges for low million of that is for direct Federal over controversial language that are in-state college tuition fees. funding, but most of it is for the kind the pet concerns of this Member and Why underfund in the second year, of grants they do not appropriate for that Member who in the House cannot the upcoming year, when we have re- anybody else in the first place. wait for the D.C. appropriation because ceived such an outpouring of young Mr. ISTOOK. Mr. Speaker, reclaim- it allows them to undemocratically people taking advantage, more than ing my time, that is not accurate. The micromanage their views into the ap- 3,000 youngsters going all over the $2 billion in grants and such is in addi- propriation of a local jurisdiction, United States? It is mean spirited to tion to the $414 million that the House going against all of the philosophy of underfund that, especially since the appropriated. So the total of those is devolution that is spouted by the other money for it is there in the President’s approximately $2.5 billion. And then we side daily on this floor. budget. have the local funds of about $3 billion. Is it worth the fight to get their lit- It is time to acknowledge the giant This is significant taxpayers’ money. tle curlicue in their budget and then steps that the District has taken with Whether the figure is $2.5 billion, $2 bil- have it vetoed by the President? I do its new reform mayor, Tony Williams, lion, or $400 million, I do not think any not think so. and its completely revitalized City of us should say to the taxpayer with a Usually funds have not held up the Council that does tough oversight all straight face that that is not much D.C. appropriations since most of the the time. They did their homework. We money and this Congress should not be money comes from D.C. and D.C. sub- found no fault with their budget. concerned about it and just let it go. mits balanced budgets. Not this time. The delay into the fiscal year has al- We should be concerned. This appropriation is being held up ready hurt the City’s priorities. As I Now, the Senate bill has more than largely because of a $35 million dispute speak, 175 police cannot be hired. As I the $414 million. They have $448 mil- in a $2 trillion budget. That is what speak, we cannot put money into an lion. And that is what we have been this House is all about. after-school program to take our kids working to reconcile.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20670 CONGRESSIONAL RECORD—HOUSE October 4, 2000 Now, I think a false illusion, and it many students were actually partici- only got two out of 13 appropriation has been fascinating in this process, pating and we knew then what the ac- bills done now. Finally we would get a Mr. Speaker, to see efforts to create a tual number was rather than going third, with 10 to go. false illusion as though the House were with an estimate that was done a year The second point she made is we are not trying to work, for example, on or more in advance. We funded the need only asking for $34 million more. Now, this New York Avenue Metro station and then some. But some people say, we just passed an energy and water ap- project. The problem is, we do not get ‘‘Oh, they have got to give us more propriations bill that was $880 million money from the President’s budget. than that because we created a number over the budget request. I would not I realize that Members of his own in advance that we projected would be want to suggest that a lot of that is party can stand up here and say, ‘‘Oh, necessary and we are wearing blinders pork, but I would suggest to the people my goodness, they are not doing what as to what the actual needs of the pro- who are watching this that they may the President’s budget says.’’ Well, if gram are.’’ want to look at some of the composi- all we need is the President’s budget, Nevertheless, because the funds that tion of that bill. We passed a defense we do not need a House of Representa- go into that college tuition program appropriations bill. It was $1.4 billion tives and we do not need a Senate; just remain available for future years and less for military readiness that the let the President call all the shots and cannot be used for any other purpose President requested, yet there is $9 bil- act accordingly. we are going to increase the funding lion more for weapons programs, pri- The President does not give us for that program. I think what we will marily manufactured in majority money. The money comes from the tax- end up doing is provide funding in ad- Members’ districts. payers. And we have budgets within vance for some of the college tuition We are going to go through a number the House and within the Senate. We that will not be spent until more than of appropriation bills in the last few do not say we can spend as much a year from now. days of this term, and all of them are money as the President says we can That has been the situation all along. going to see major increases, increases spend. We are only allowed to spend as Yet some people try to create an illu- that make this D.C. bill dwarf by com- much money as the House says can be sion that there has been a different ap- parison. I mean, when we are talking spent if it should be spent. proach toward the college tuition or about the District of Columbia bill And this nonsense about saying, ‘‘Oh, towards the New York Avenue Metro compared to other bills, these numbers they have not done what the Presi- station. would get lost in the rounding. We are dent’s budget says;’’ we do not always asking for $34 million is all, and that b 1100 agree with the President. That may be just brings it up to the budget request. a surprise to some people. Maybe they The bill that we have before us Let me make a third point that the always do. But I do not always agree, should be resolved very soon. We have gentlewoman did not discuss and, that and I try in good faith to work with ev- been working with the gentleman from is, with regard to the prerogatives that eryone and work these differences out. Virginia (Mr. MORAN), we have been we assume for our own congressional As we have said throughout the proc- working with the gentlewoman from district. We have been adding programs ess, it is really sad to see this effort to the District of Columbia (Ms. NORTON), that benefit our district. That is part try to say to the business community we have been working with the admin- of our job. Whether they fit within the and others in Washington that Con- istration, and we certainly have been original budget resolution or not, we gress is not helping with the New York working with the Senate. We expect are going to do the best we can for our Avenue Metro station. That is balder- that we are going to have this con- district. But in addition to that, we dash. ference completed very quickly and the jealously guard our district from let- Number one, we funded to the full ex- bill right back out to this Floor so that ting any other Members mess around tent that we were able to do within the we can take care of the situation, the with it because we know our district amount of money that had been allo- timing concern that the gentlewoman best. We know what our priorities are. cated in our budget. And secondly, we from the District mentions. We are Imagine, I would ask my colleagues, have said from the beginning that we sensitive to that. We are trying to consider how you would feel if the rest expected when we got to the conference move as quickly as we can. But the of your colleagues were telling you with the Senate that the Senate would Senate did not pass its bill until last what you ought to be doing for your have a higher number that would en- week, until last Thursday night. The congressional district, what you ought able us to add the extra money for the House acted long before that. We have to be doing to your congressional dis- New York Avenue Metro station, which been waiting on the Senate. Now that trict. We would never tolerate this is exactly what is happening. the Senate has acted, we are able to go kind of scrutinizing, this kind of bash- I really think it is sad to see this ef- to conference, and finish up these de- ing in some ways, all this kind of fort to demagogue and say, ‘‘Oh, they tails and get it right back here to the micromanaging. The gentlewoman are not trying to help on this signifi- House floor. We expect to have this from the District of Columbia is say- cant project,’’ because we have from done quickly. ing, weighing all the priorities, under- day one and that has been the plan all Mr. Speaker, I oppose the motion to standing my district better than any of along that the extra money would be instruct conferees. As I said in my ear- you do, and we know that that is the received in an allocation when we got lier statement, it is going to blow holes truth, what she wants is for us to re- to conference so that we would be able in the District’s budget. It is going to cede to the Senate, get this bill passed, to do that. create a lot more problems than it we are already past the beginning of Also a false argument has been made might ever solve. I oppose the motion the fiscal year, let the District of Co- saying, ‘‘Oh, they are not taking care to instruct and ask Members to oppose lumbia get its appropriation bill and of the college tuition program.’’ My the motion. let it go about its business. That is all goodness, we established that program Mr. Speaker, I reserve the balance of she is asking. in this bill last year with bipartisan my time. I am asking my colleagues, do noth- support, as the gentlewoman mentions, Mr. MORAN of Virginia. Madam ing more but nothing less than we and we have funded every penny that Speaker, I yield myself such time as I would do for our own congressional dis- the program required plus a cushion of may consume. tricts. Put yourselves in the gentle- about 15 percent. Let me just elaborate on a few of the woman from the District of Columbia’s I recognize some people want to ex- comments that the gentlewoman who shoes. If you were representing the Dis- pand the program and, therefore, they represents the District of Columbia trict of Columbia, what would you ex- want more money or they want the made. First of all, we have an oppor- pect your colleagues to do? What we amount that was originally projected tunity to get the District of Columbia would expect our colleagues to do is to to be needed until they found out how appropriations bill passed. We have recede to the Senate, to get the bill

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20671 passed but most importantly to listen struct, you are voting for overtime on exists on private funds today. But to us, to take our advice on our con- the smallest appropriation. You are there are 10 distribution points in the gressional district. guaranteed a fight on that appropria- District of Columbia. Six of them are Madam Speaker, I yield 3 minutes to tion, I promise you that. within the area known as a drug-free the gentlewoman from the District of Mr. ISTOOK. Madam Speaker, I yield school zone. Some of them are as close Columbia (Ms. NORTON) to respond to 6 minutes to the gentleman from Kan- as across the street from where chil- the gentleman from Oklahoma’s com- sas (Mr. TIAHRT), a member of the sub- dren in the District of Columbia attend ments, and then we will summarize our committee. school. So the Senate has made a motion. Mr. TIAHRT. Madam Speaker, I rise choice, and it is now supported in this Ms. NORTON. Madam Speaker, there in opposition to this motion to in- motion to instruct to place a higher are two points on which I simply must struct, because I think it goes back on priority on drug users than on the chil- take exception to the remarks of the some very important priorities that dren, a very disturbing thought. We Chair of the subcommittee when he are in this bill the way it currently is should place the children in the Dis- talks about the $6 billion budget and and that the Senate has avoided. There trict of Columbia in a higher priority says almost $4 billion of it is from the are things that were excluded in this than we do drug users. District and about $2 billion of it is bill that I think are important to the The Senate has gone on to take other from the Federal Government. Most of States that surround the District of very vital services and completely that $2 billion would never have come Columbia, and yet we are willing to strike them out. They struck a hotline here until recently. In all of the years make an island under the Senate service that exists here in the District that the District budget came, Federal version, an island here in the District of Columbia. There are people in our grants, most of them competitive Fed- of Columbia on some important legisla- society that are in dire need, they are eral grants, were never even included tion such as an amendment presented in dire straits or in a difficult time and in the District budget that came here. by the gentleman from California (Mr. in the District of Columbia today you can call an 800 number and the people In recent years it has been and most of BILBRAY). on that hotline will not let you off the that money are grants. For example, it He wanted to restrict, and do it with phone until they connect you with the includes the transportation money some authority, underage smoking. If service that will meet your need, until that I get for the District out of an- you travel across the Potomac to Vir- that is connected, until that connec- other appropriation altogether, very ginia, you will find that they have laws tion is made. But yet that was struck large set of money, had nothing to do to restrict underage smoking. If you go in this motion to instruct, that whole with this appropriation or with this to the east on Highway 50, you drive area is taken out. The Senate took it chairman. It is done pursuant to a for- into Maryland and you will find that out, turning our backs on people that they have restrictions on underage mula. And that is included in the $2 are truly in need. billion. That is most of the money he is smoking. But yet we are going to cre- They also struck the money for a talking about when he says $2 billion. ate an island here under the motion to mentoring service. There are kids in Let me say what I mean when I say instruct for the children in the District the District of Columbia that do not the President put the money in the of Columbia and allow them this under- have much of a future. They are in a budget. This gentleman would not have age smoking, allowing kids to drive single-parent household, some of them had $35 million to manipulate to other across the bridges or come into the are living with grandparents, aunts and priorities. If there was not $35 million District of Columbia and have less fear uncles, and this mentor organization in the budget, if there were only the of buying cigarettes and getting into a provides an individual to stay with money funding the functions that the life-style that will shorten their lives. them and meet their needs, if it is Federal Government took over, we In addition to that, the Senate has going to school to help them with their would not even be having this discus- made the choice that they are willing studies and talk with their teachers, if sion. But the Mayor, the city council to risk placing elementary school chil- that is going to court with them, if it Chair, the control board Chair and I dren in the proximity of drug users, is helping them just get the medication went to the White House and said, ‘‘We people who take illegal drugs and in- they need. The mentoring program ac- are funding two-thirds of the Metro ject them into their veins. The House companies these children to help them stop, can the Federal Government put version had a restriction on the needle get a start in life, to give them a little in one-third?’’ What this chairman has exchange program, saying simply that bit of hope in a community that is in done is to take a good part of that we are going to place a higher priority desperate need of hope. Yet the Senate money and reallocate it to where he on children than we are on drug users. and this motion to instruct will com- thinks the money should go, or else he We were going to take the very same pletely strike that program, leaving would not have had any money to play language in the bill, we have the very these children without the help that around with at all. We do not agree same language as what the District of they need. with him. It is our city. Columbia City Council has determined They also went on to cut other grass- He is for some of the money, for ex- as a drug-free school zone, and we ap- roots community organizations, and ample, into the arboretum which is in plied that to the program that gives $500,000 for a cleanup. We heard a lot of the appropriation of the agriculture needles to drug abusers. They will then talk about how the Metro stop is more committee. We are asking that the take these needles and they inject ille- important than these programs and money that was added to the D.C. ap- gal drugs into their veins. Now, there that we have taken money, propriation, funded in the President’s have been quite a few studies about the reprioritized it through the Senate, budget, be used for the purpose he program, and what we have found is through this motion to instruct, for a funded it for and not be used for the that in the area where needles are dis- Metro stop, but we have overlooked im- purposes the gentleman wants it fund- tributed, there are drug pushers, there portant things in this community. We ed for. He would not have had it to deal are obviously drug users, and there are have overlooked these children, we with at all if we had not gone to the areas where the police have had to stay have overlooked the hotline service, we White House. I ask him to respect the away by their own accord in order to have overlooked a program that just is reason the money was put in there, and let the program go so that we can give trying to restrict where we distribute it was the Metro stop and the other these needles to people who illegally needles to drug abusers. We have prob- functions that we have mentioned. use drugs. lems in the hospital, overlooked by Finally, I say to my colleagues, it is All we were trying to do in this bill this motion to instruct, a hospital that not fair to you to ask you to vote was to restrict the area where these has twice as many employees than against the motion to instruct because needles were distributed. The amend- they need, completely overlooked, and you will engage in a futile exercise. If ment that was cut out by the Senate half a million dollars for an environ- you vote against the motion to in- did not exclude the program at all. It mental cleanup, overlooked because we

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20672 CONGRESSIONAL RECORD—HOUSE October 4, 2000 want to change it to a Metro stop. I limiting local control. Numerous which is part of the project of the think the Metro stop is needed. I think health organizations, including the Washington Interfaith Network that we need some upgrades there. But to American Medical Association, the the House version funds but the Senate place that at a higher priority than the American Public Health Association, version does not. children of this community I think is have concluded that needle exchange Also, were we to adopt the Senate wrongheaded, wrongminded. I think it programs are effective. version, we would cut out the funding is the wrong direction. Madam Speaker, in addition, at my that the House has to help teenagers, I would suggest that we vote against request, the Surgeon General’s office young women, in the District to pro- this motion to instruct and that we has prepared a review of all peer re- mote abstinence, to try to stop the keep the House version of what was viewed scientific studies of needle ex- major problem with teenage pregnancy passed here. It makes more sense, it is change programs over the past 2 years, and sex and the difficulty it leads to more compassionate, and it is the right and they also conclusively found that for so many people. We would cut out thing to do. needle exchange programs reduce HIV that funding if we were to adopt the gentleman’s motion. b 1115 transmission and do not increase drug use. Also under the gentleman’s motion, Mr. MORAN of Virginia. Madam Madam Speaker, the President will we would remove millions of dollars Speaker, I yield 3 minutes to the dis- veto this bill in the present form. If we from the drug testing and drug treat- tinguished gentlewoman from Cali- support the motion to instruct, we will ment program that is a major effort to fornia (Ms. PELOSI). be able to send this bill to the Presi- reduce crime in the District of Colum- Ms. PELOSI. Madam Speaker, I dent and have it signed into law. Here bia. We would cut that out if we were thank the gentleman for yielding me we are past the date of the end of the to adopt the gentleman’s motion. the time and thank the gentleman also fiscal year, and we still have 11 appro- Madam Speaker, the things that were for his great leadership on behalf of the priation bills out there. mentioned by the gentlewoman from District of Columbia making decisions I just want to take another moment the District of Columbia (Ms. NORTON) for itself. to go back, to the needle exchange pro- as I tried to make clear throughout, we I also want to commend the distin- gram. Since the inception of the needle always expected, and it is the intention guished gentlewoman from the District exchange program in the District of in the conference, that more funds are of Columbia (Ms. NORTON) for her tire- Columbia in the latter half of 1996 now being made available to the House, less leadership on behalf of the people through 1999, the number of new IDU which is the amount that we were of the District and on behalf of the peo- cases has fallen more than 65 percent counting on to provide the full re- ple of our country, because the prin- from some 396 in 1996 to 139 in 1997, quested funding on the New York Ave- nue Metro station. That has been the ciple of local control over some of which represents the most significant plan all along, that is what is hap- these decisions is one that serves us all decline in new AIDS cases across all pening; but we did not have the money well in this country. transmission categories over this 4- available to us in the House in our sub- Madam Speaker, I rise in strong sup- year period. committee previously. port of the motion to instruct offered Madam Speaker, I urge my col- by my colleagues, the gentleman from It was not that we had the money leagues to support the motion to in- and spent it elsewhere, we did not have Wisconsin (Mr. OBEY) and the gen- struct. the money. And we were going to say tleman from Virginia (Mr. MORAN). Mr. ISTOOK. Madam Speaker, if I The House bill that this body voted we are going to wipe out everything may inquire of the gentleman from else, because we knew what was going on earlier unfortunately included sev- Virginia (Mr. MORAN), would it be eral riders that would interfere with to happen, and it has happened with or agreeable if I take 2 minutes to close, without adopting the motion of the the District of Columbia’s ability to then the gentleman take 2 minutes to gentleman from Virginia (Mr. MORAN), serve its citizens. Among these riders close? the bill, when it finally goes to the is the Tiahrt amendment, a bill that Mr. MORAN of Virginia. Madam President’s desk, will have the full would kill the District’s needle ex- Speaker, I think I may get wound up a funding for the New York Avenue change programs, which have been little more. Madam Speaker, let us Metro station and the full funding for proven effective in reducing the num- yield ourselves at least 3 minutes for the college tuition program, because ber of new HIV infections in the Dis- this. any excess in that program would just trict and in this country, especially Mr. ISTOOK. Madam Speaker, I yield be carried through to the next year among children. myself 3 minutes. anyway. Think about the children. Approxi- Madam Speaker, I think it is impor- We have tried to make that clear. mately half of all new HIV infections tant to remember that were we to That is not an issue. That is not an are linked to injection drug use, and adopt the motion of the gentleman issue whatsoever. In the conference re- three quarters of new HIV infections in from Virginia (Mr. MORAN) and just ac- port, those are the things that we in- children are the result of injection cept everything that the Senate has tend to do, but let us not undo the drug use by a parent. Why would we done on this bill, first, we would blow work of the House of Representatives. pass up the opportunity to save a a $61 million hole in the District’s We had amendments that this House child’s life by shutting down programs budget because we would not have the adopted by voice vote, because the sup- that work? language that was intended to be put port was so firm. We had an amend- Although AIDS deaths have declined in and will be put in the conference ment by the gentleman from California in recent years as a result of new treat- agreement to enable the District to (Mr. BILBRAY) for example that was ments and improved access to care, issue securities against the revenue adopted in this House by 265 votes, very HIV/AIDS remains the leading cause of they expect from the tobacco settle- strong, very bipartisan votes that the death among African American males ment and that the District is counting gentleman’s motion would wipe out. age 25 to 44 in the District. In spite of on in this budget this year. So we I urge defeat of the motion to in- these statistics, this amendment that would cut out that $61 million and blow struct conferees, so we can very, very is contained in the House bill attempts a hole in their budget. quickly go to conference, get these to shut down programs that the local I do not know where they would try issues resolved and bring the confercne community has established to reduce to make it up. If we were to adopt the agreement right back to this floor. new HIV infections. gentleman’s motion, we would also re- Madam Speaker, I yield back the bal- This Congress should be supporting move the public-private effort, not ance of my time. the decisions that the local commu- only to work with public housing but Mr. MORAN of Virginia. Madam nities make about their health care to work with the residents of public Speaker, I yield myself such time as I and the health care of their people, not housing to improve their employment, may consume.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20673 I would say to the gentleman from seconds? That was the extent of the [Roll No. 510] Oklahoma (Chairman ISTOOK), that consideration, literally 30 seconds. YEAS—190 while some of the points are valid with Mr. MORAN of Virginia. Reclaiming Abercrombie Gordon Napolitano regard to the House bill and the Senate my time, Madam Speaker, I am very Ackerman Green (TX) Neal bill, the conclusion is not one we could grateful for the gentleman for making Allen Greenwood Oberstar Andrews Gutierrez Obey agree with. note of that, because I think that is ex- Baird Hall (OH) Olver Let me respond to some of the points actly what we should be doing here. Baldacci Hill (IN) Ortiz that have been made by the gentleman These are bills that were requested Baldwin Hilliard Owens Barcia Hinchey Pallone from Oklahoma (Chairman ISTOOK) and by the White House because they came Barrett (WI) Hinojosa Pascrell by my colleague, the gentleman from from the District of Columbia City Becerra Hoeffel Pastor Kansas (Mr. TIAHRT). Council, the Mayor, the financial con- Bentsen Holt Payne My colleague, the gentleman from trol board agreed to them. So this is a Berkley Hooley Pelosi Berman Inslee Peterson (MN) Kansas (Mr. TIAHRT), suggested that in budget that already has been scruti- Berry Jackson (IL) Pomeroy some way the Senate bill shortchanges nized. I do not know why we need to Bishop Jackson-Lee Porter youth programs, and yet the Senate take more than 30 seconds. This is the Blagojevich (TX) Price (NC) bill adds $500,000 for a new community District’s bill. It makes sense. It is a Blumenauer Jefferson Rahall Bonior John Rangel center for homeless runaway at-risk responsible bill. Borski Johnson, E. B. Reyes youth. The Senate bill adds another We want to get our appropriations Boswell Jones (OH) Rivers $250,000 to enhance reading skills of bills done. It is after October 1. We Boucher Kanjorski Rodriguez Boyd Kaptur Rothman District public school students. have a terrific chairman, the gen- Brady (PA) Kennedy Roybal-Allard There is a whole list of programs tleman from Oklahoma (Mr. ISTOOK), Brown (OH) Kildee Rush that the Senate bill has that I know and the gentleman from Florida (Mr. Capps Kilpatrick Sabo that the gentleman from Kansas (Mr. YOUNG), chairman of the Committee on Capuano Kind (WI) Sanchez Cardin Kleczka Sanders TIAHRT) and the gentleman from Okla- Appropriations, he wants to get our Carson Kucinich Sandlin homa (Mr. ISTOOK) would not object to, work done. He is upset. And it is past Clay LaFalce Sawyer but these are good programs that are October 1. The fiscal year has begun. Clayton Lampson Schakowsky Clement Lantos Scott not in the House bill. We have an opportunity to get a bill Clyburn Larson Serrano The main thing that I have to take passed that the Senate agrees to, that Condit Lee Sherman issue with is that the gentleman from the White House will sign. We are only Conyers Levin Sisisky Oklahoma (Mr. ISTOOK) and the gen- talking about $34 million that was Coyne Lewis (GA) Slaughter Cramer Lipinski Smith (WA) tleman from Kansas (Mr. TIAHRT) have within the budget request. We are prob- Crowley Lofgren Snyder suggested that the House bill takes a ably going to go $25 billion over our Cummings Lowey Spratt more responsible approach to some of budget resolution. Here we are talking Danner Luther Stabenow these difficult issues that we have been Davis (FL) Maloney (NY) Stark $34 million. We can get this bill out of Davis (IL) Markey Stenholm wrestling with, and I do not think that the way. Let us get our job done. The DeFazio Mascara Strickland is the case. chairman has worked so hard, we ought DeGette Matsui Stupak I would remind both the gentleman to let him get his job done. Delahunt McCarthy (MO) Tanner DeLauro McCarthy (NY) Tauscher from Oklahoma (Mr. ISTOOK) and the Let us not mess around with these Deutsch McDermott Thompson (CA) gentleman from Kansas (Mr. TIAHRT) tangential issues, these ideological Dicks McGovern Thompson (MS) and anyone who does not think that issues. Let us let the citizens of the Dingell McKinney Thurman the Senate bill is a responsible bill that Dixon McNulty Tierney District of Columbia decide what is in Doggett Meek (FL) Towns it passed the Senate unanimously, their best interests, let us recede to the Dooley Meeks (NY) Turner unanimously. Senate, let us get this appropriations Doyle Menendez Udall (CO) Madam Speaker, with regard to this bills signed, get our work done. Edwards Millender- Udall (NM) Engel McDonald Vela´ zquez needle exchange program, the Senate Madam Speaker, I yield back the bal- Etheridge Miller, George Visclosky bill that we are asking my colleagues ance of my time. Evans Minge Waters to accept and that the gentlewoman The SPEAKER pro tempore. Without Farr Mink Watt (NC) from the District of Columbia (Ms. objection, the previous question is or- Fattah Moakley Waxman Filner Mollohan Weiner NORTON) is willing to accept says we dered on the motion. Ford Moore Wexler cannot use any Federal funds for nee- There was no objection. Frank (MA) Moran (VA) Weygand dle exchange programs. We cannot use The SPEAKER pro tempore. The Frost Morella Woolsey Gejdenson Murtha Wu any local funds for needle exchange question is on the motion to instruct Gonzalez Nadler Wynn programs. We cannot use any public offered by the gentleman from Virginia funds for needle exchange program. It (Mr. MORAN). NAYS—219 is pretty tough language. But it is in The question was taken; and the Aderholt Callahan Dickey Archer Calvert Doolittle the bill. And to suggest, as my friend, Speaker pro tempore announced that Armey Camp Dreier the gentleman from Kansas (Mr. the ayes appeared to have it. Bachus Campbell Duncan TIAHRT), suggested that somehow the Mr. ISTOOK. Madam Speaker, I ob- Baker Canady Dunn Senate is taking too liberal an ap- ject to the vote on the ground that a Ballenger Cannon Ehlers Barr Castle Ehrlich proach here, I do not think that the quorum is not present and make the Barrett (NE) Chabot Emerson Senate is some cabal of left-wing point of order that a quorum is not Bartlett Chambliss Everett ideologues. I should not characterize present. Barton Chenoweth-Hage Ewing The SPEAKER pro tempore. Evi- Bass Coble Fletcher the Senate. Bereuter Coburn Foley Mr. ISTOOK. Madam Speaker, will dently a quorum is not present. Biggert Collins Forbes the gentleman yield? The Sergeant at Arms will notify ab- Bilbray Combest Fowler Mr. MORAN of Virginia. I yield to sent Members. Bilirakis Cook Frelinghuysen Bliley Cooksey Gallegly the gentleman from Oklahoma. The SPEAKER pro tempore. The Blunt Costello Ganske Mr. ISTOOK. Madam Speaker, the Chair will reduce to 5 minutes the elec- Boehlert Cox Gekas gentleman mentioned the effort of the tronic vote on the motion to suspend Boehner Crane Gibbons Senate. I was watching, and perhaps the rules and pass the bill, H.R. 5212, as Bonilla Cubin Gilchrest Bono Cunningham Gillmor the gentleman was, when the Senate amended, immediately following this Brady (TX) Davis (VA) Gilman brought the bill up. Is the gentleman vote. Bryant Deal Goode aware the consideration the Senate The vote was taken by electronic de- Burr DeLay Goodlatte Burton DeMint Goodling gave to this bill on the floor when they vice, and there were—yeas 190, nays Buyer Diaz-Balart Goss brought it up and passed it in about 30 219, not voting 24, as follows:

VerDate Aug 04 2004 09:58 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20674 CONGRESSIONAL RECORD—HOUSE October 4, 2000 Graham McHugh Sensenbrenner pending the rules and passing the bill, Matsui Pombo Spence Granger McInnis Sessions H.R. 5212, as amended. McCarthy (MO) Pomeroy Spratt Green (WI) McIntyre Shadegg McCarthy (NY) Porter Stabenow Gutknecht McKeon Shaw The Clerk read the title of the bill. McCrery Portman Stark Hall (TX) Metcalf Shays The SPEAKER pro tempore. The McDermott Price (NC) Stearns Hansen Mica Sherwood question is on the motion offered by McGovern Pryce (OH) Stenholm Hastings (WA) Miller (FL) Shimkus McHugh Quinn the gentleman from Utah (Mr. HANSEN) Strickland Hayes Miller, Gary Shows McInnis Radanovich Stump Hayworth Moran (KS) Shuster that the House suspend the rules and McIntyre Rahall Stupak Herger Myrick Simpson pass the bill, H.R. 5212, as amended, on McKeon Ramstad Sununu Hill (MT) Nethercutt Skeen McKinney Rangel Talent Hobson Ney Smith (MI) which the yeas and nays are ordered. McNulty Regula Tancredo Hoekstra Northup Smith (NJ) This is a 5-minute vote. Meek (FL) Reyes Tanner Holden Norwood Smith (TX) Meeks (NY) Reynolds The vote was taken by electronic de- Tauscher Horn Nussle Souder vice, and there were—yeas 407, nays 0, Menendez Rivers Hostettler Ose Spence Metcalf Rodriguez Tauzin Hulshof Oxley Stearns not voting 26, as follows: Mica Roemer Taylor (MS) Hunter Packard Stump [Roll No. 511] Millender- Rogan Taylor (NC) Hutchinson Pease Sununu McDonald Rogers Terry Hyde Peterson (PA) Talent YEAS—407 Miller (FL) Rohrabacher Thomas Isakson Petri Tancredo Abercrombie Coyne Hayes Miller, Gary Ros-Lehtinen Thompson (CA) Istook Phelps Tauzin Ackerman Cramer Hayworth Miller, George Rothman Thompson (MS) Jenkins Pickering Taylor (MS) Aderholt Crane Herger Minge Roukema Thornberry Johnson (CT) Pickett Taylor (NC) Allen Crowley Hill (IN) Mink Roybal-Allard Thune Johnson, Sam Pitts Terry Andrews Cubin Hill (MT) Moakley Royce Thurman Jones (NC) Pombo Thomas Archer Cummings Hilliard Mollohan Rush Tiahrt Kasich Portman Thornberry Armey Cunningham Hinchey Moore Ryan (WI) Tierney Kelly Pryce (OH) Thune Bachus Danner Hinojosa Moran (KS) Ryun (KS) Toomey Kingston Quinn Tiahrt Baird Davis (FL) Hobson Moran (VA) Sabo Towns Knollenberg Radanovich Toomey Baker Davis (IL) Hoeffel Morella Salmon Traficant Kolbe Ramstad Traficant Baldacci Davis (VA) Hoekstra Murtha Sanchez Turner Kuykendall Regula Upton Baldwin Deal Holden Myrick Sanders Udall (CO) LaHood Reynolds Vitter Ballenger DeFazio Holt Nadler Sandlin Udall (NM) Largent Roemer Walden Barcia DeGette Hooley Napolitano Sanford Upton Latham Rogan Walsh Barr Delahunt Horn Neal Sawyer Vela´ zquez LaTourette Rogers Wamp Barrett (NE) DeLauro Hostettler Nethercutt Saxton Visclosky Leach Rohrabacher Watkins Bartlett DeLay Hulshof Ney Scarborough Vitter Lewis (CA) Ros-Lehtinen Watts (OK) Barton DeMint Hunter Northup Schaffer Walden Lewis (KY) Roukema Weldon (FL) Bass Deutsch Hutchinson Norwood Schakowsky Walsh Linder Royce Weldon (PA) Becerra Diaz-Balart Hyde Nussle Scott Wamp LoBiondo Ryan (WI) Weller Bentsen Dickey Inslee Oberstar Sensenbrenner Waters Lucas (KY) Ryun (KS) Whitfield Bereuter Dicks Isakson Obey Serrano Watkins Lucas (OK) Salmon Wicker Berkley Dingell Istook Olver Sessions Watt (NC) Maloney (CT) Sanford Wilson Berman Dixon Jackson (IL) Ortiz Shadegg Watts (OK) Manzullo Saxton Wolf Berry Doggett Jackson-Lee Ose Shaw Martinez Scarborough Young (AK) Biggert Dooley (TX) Owens Shays Waxman McCrery Schaffer Young (FL) Bilbray Doolittle Jefferson Oxley Sherman Weiner Bilirakis Doyle Jenkins Packard Sherwood Weldon (FL) NOT VOTING—24 Bishop Dreier John Pallone Shimkus Weldon (PA) Baca Hefley McIntosh Blagojevich Duncan Johnson (CT) Pascrell Shows Weller Brown (FL) Hilleary Meehan Bliley Dunn Johnson, E. B. Pastor Shuster Wexler English Houghton Paul Blumenauer Edwards Johnson, Sam Payne Simpson Weygand Eshoo Hoyer Riley Blunt Ehlers Jones (NC) Pease Sisisky Whitfield Fossella King (NY) Skelton Boehlert Ehrlich Jones (OH) Pelosi Skeen Wicker Franks (NJ) Klink Sweeney Boehner Emerson Kanjorski Peterson (MN) Slaughter Wilson Gephardt Lazio Vento Bonilla Engel Kaptur Peterson (PA) Smith (MI) Wolf Hastings (FL) McCollum Wise Bonior Etheridge Kasich Petri Smith (NJ) Woolsey Bono Evans Kelly Phelps Smith (TX) Wu b 1151 Borski Everett Kennedy Pickering Smith (WA) Wynn Mrs. BONO and Messrs. RADANO- Boswell Ewing Kildee Pickett Snyder Young (AK) Boucher Farr Kilpatrick Pitts Souder Young (FL) VICH, HORN, BACHUS, HOLDEN, Boyd Fattah Kind (WI) SMITH of Texas, EWING and LUCAS of Brady (PA) Filner Kingston NOT VOTING—26 Kentucky changed their vote from Brady (TX) Fletcher Kleczka Baca Hastings (FL) McIntosh ‘‘yea’’ to ‘‘nay’’. Brown (OH) Foley Knollenberg Barrett (WI) Hefley Meehan Bryant Forbes Kolbe Brown (FL) Hilleary Paul Ms. MILLENDER-MCDONALD and Burr Ford Kucinich Clayton Houghton Riley Messrs. OWENS, ORTIZ, and GREEN- Burton Fowler Kuykendall English Hoyer Skelton WOOD changed their vote from ‘‘nay’’ Buyer Frank (MA) LaFalce Eshoo King (NY) Sweeney Callahan Frelinghuysen LaHood Fossella Klink Vento to ‘‘yea’’. Calvert Frost Lampson Franks (NJ) Lazio Wise So the motion to instruct was re- Camp Gallegly Lantos Gephardt McCollum jected. Campbell Ganske Largent 1201 The result of the vote was announced Canady Gejdenson Larson b Cannon Gekas Latham as above recorded. Capps Gibbons LaTourette So (two-thirds having voted in favor A motion to reconsider was laid on Capuano Gilchrest Leach thereof) the rules were suspended and the table. Cardin Gillmor Lee the bill, as amended, was passed. Carson Gilman Levin The result of the vote was announced The SPEAKER pro tempore (Mrs. Castle Gonzalez Lewis (CA) BIGGERT). Without objection, the Chair Chabot Goode Lewis (GA) as above recorded. appoints the following conferees: Chambliss Goodlatte Lewis (KY) A motion to reconsider was laid on Messrs. ISTOOK, CUNNINGHAM, TIAHRT, Chenoweth-Hage Goodling Linder the table. Clay Gordon Lipinski ADERHOLT, Mrs. EMERSON, and Messrs. Clement Goss LoBiondo f SUNUNU, YOUNG of Florida, MORAN of Clyburn Graham Lofgren PERSONAL EXPLANATION Virginia, DIXON, MOLLOHAN and OBEY. Coble Granger Lowey There was no objection. Coburn Green (TX) Lucas (KY) Mr. RILEY. Mr. Speaker, I was unavoidably Collins Green (WI) Lucas (OK) f Combest Greenwood Luther detained for rollcall No. 510, a bill instructing Condit Gutierrez Maloney (CT) conferees on H.R. 4942, the District of Colum- VETERANS’ ORAL HISTORY Conyers Gutknecht Maloney (NY) bia Appropriations Act for Fiscal Year 2001. PROJECT ACT Cook Hall (OH) Manzullo Had I been present I would have voted ‘‘nay.’’ Cooksey Hall (TX) Markey The SPEAKER pro tempore. The un- Costello Hansen Martinez Mr. Speaker, I was unavoidably detained for finished business is the question of sus- Cox Hastings (WA) Mascara rollcall No. 511, H.R. 5212, the Veterans’ Oral

VerDate Aug 04 2004 09:58 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 9920 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20675 History Project Act. Had I been present I vening motion except one motion to recom- Madam Speaker, I reserve the bal- would have voted ‘‘yea.’’ mit with or without instructions. ance of my time. f The SPEAKER pro tempore (Mrs. Mr. HALL of Ohio. Madam Speaker, I BIGGERT). The gentlewoman from yield myself such time as I may con- PERSONAL EXPLANATION North Carolina (Mrs. MYRICK) is recog- sume, and I thank the gentlewoman Mr. FOSSELLA. Mr. Speaker, I am not re- nized for 1 hour. from North Carolina (Mrs. MYRICK) for corded on rollcall Nos. 510 and 511. I was un- Mrs. MYRICK. Madam Speaker, for yielding me the customary time. avoidably detained and therefore could not purposes of debate only, I yield the cus- This is an open rule. It is a bill to vote for this legislation. Had I been present, I tomary 30 minutes to the gentleman protect the natural resources near would have voted ‘‘aye’’ on both rollcall votes. from Ohio (Mr. HALL); pending which I Steens Mountain in Oregon. As my col- yield myself such time as I may con- league from North Carolina has de- f sume. During consideration of this res- scribed, this rule provides for 1 hour of STEENS MOUNTAIN COOPERATIVE olution, all time yielded is for the pur- general debate to be equally divided MANAGEMENT AND PROTECTION pose of debate only. and controlled by the chairman and ACT OF 2000 Madam Speaker, yesterday the Com- ranking minority member of the Com- Mrs. MYRICK. Madam Speaker, by mittee on Rules met and granted an mittee on Resources. The rule permits direction of the Committee on Rules, I open rule for H.R. 4828, the Steens amendments under the 5-minute rule. call up House Resolution 609 and ask Mountain Wilderness Act. The rule This is the normal amending process in for its immediate consideration. waives all points of order against con- the House. All Members on both sides The Clerk read the resolution, as fol- sideration of the bill. The rule provides of the aisle will have the opportunity lows: for 1 hour of general debate to be to offer germane amendments. equally divided between the chairman The area near Steens Mountain is H. RES. 609 and the ranking minority member of home to unique land formations, beau- Resolved, That at any time after the adop- the Committee on Resources. tiful lakes, and rare and diverse plants tion of this resolution the Speaker may, pur- The rule makes in order as an origi- suant to clause 2(b) of rule XVIII, declare the and wildlife. The bill designates wilder- House resolved into the Committee of the nal bill for the purpose of amendment ness areas, wild and scenic rivers, and Whole House on the state of the Union for the Walden amendment in the nature other management arrangements to consideration of the bill (H.R. 4828) to des- of a substitute printed in the CONGRES- preserve the area’s natural resources. ignate wilderness areas and a cooperative SIONAL RECORD and numbered 1, which Madam Speaker, this is an open rule, management and protection area in the vi- shall be open for amendment at any it is the normal process, the bill has bi- cinity of Steens Mountain in Harney County, point. partisan support, and I support the rule Oregon, and for other purposes. The first The rule authorizes the Chair to ac- and the bill. reading of the bill shall be dispensed with. cord priority in recognition to Mem- Madam Speaker, I have no further re- All points of order against consideration of bers who have preprinted their amend- quests for time, and I yield back the the bill are waived. General debate shall be ments in the CONGRESSIONAL RECORD. balance of my time. confined to the bill and shall not exceed one Mrs. MYRICK. Madam Speaker, I hour equally divided and controlled by the The rule allows the chairman of the chairman and ranking minority member of Committee of the Whole to postpone have no further requests for time, I the Committee on Resources. After general votes during consideration of the bill, yield back the balance of my time, and debate the bill shall be considered for and to reduce voting time to 5 minutes I move the previous question on the amendment under the five-minute rule. In on a postponed question if the vote fol- resolution. lieu of the amendment recommended by the lows a 15-minute vote. The previous question was ordered. Committee on Resources now printed in the Finally, the rule provides for one mo- The resolution was agreed to. bill, it shall be in order to consider as an tion to recommit, with or without in- A motion to reconsider was laid on original bill for the purpose of amendment structions. the table. under the five-minute rule the amendment Madam Speaker, H. Res. 609 is a fair The SPEAKER pro tempore (Mr. in the nature of a substitute printed in the GANSKE). Pursuant to House Resolu- Congressional Record and numbered 1 pursu- and open rule for a noncontroversial bill. Last year, the Secretary of the In- tion 609 and rule XVIII, the Chair de- ant to clause 8 of rule XVIII. That amend- clares the House in the Committee of ment in the nature of a substitute shall be terior told folks in southeastern Or- considered as read. During consideration of egon that the President might des- the Whole House on the State of the the bill for amendment, the Chairman of the ignate Steens Mountain as a national Union for the consideration of the bill, Committee of the Whole may accord priority monument. Steens Mountain is deserv- H.R. 4828. in recognition on the basis of whether the ing of protection, but the local resi- b 1211 Member offering an amendment has caused dents who live and work in the area be- IN THE COMMITTEE OF THE WHOLE it to be printed in the portion of the Con- came worried their livelihoods were in gressional Record designated for that pur- Accordingly, the House resolved danger; that the President would im- pose in clause 8 of rule XVIII. Amendments itself into the Committee of the Whole so printed shall be considered as read. The pose all sorts of restrictions on land House on the State of the Union for the Chairman of the Committee of the Whole use and put them out of business. consideration of the bill (H.R. 4828) to In response to these concerns, the may: (1) postpone until a time during further designate wilderness areas and a coop- gentleman from Oregon (Mr. WALDEN) consideration in the Committee of the Whole erative management and protection a request for a recorded vote on any amend- decided to work out a compromise so- area in the vicinity of Steens Mountain ment; and (2) reduce to five minutes the min- lution. He brought everyone to the in Harney County, Oregon, and for imum time for electronic voting on any post- table, including the governor of Oregon other purposes, with Mrs. BIGGERT in poned question that follows another elec- and the Secretary of the Interior, and tronic vote without intervening business, the Chair. provided that the minimum time for elec- they worked out a compromise which The Clerk read the title of the bill. tronic voting on the first in any series of protects the environment and protects The CHAIRMAN. Pursuant to the questions shall be 15 minutes. At the conclu- ranching and recreational activities. rule, the bill is considered as having sion of consideration of the bill for amend- The entire Oregon delegation, both been read the first time. ment the Committee shall rise and report Democrats and Republicans, support Under the rule, the gentleman from the bill to the House with such amendments this bill. Indeed, this is how legislation Utah (Mr. HANSEN) and the gentleman as may have been adopted. Any Member may should be done, and the gentleman from California (Mr. GEORGE MILLER) demand a separate vote in the House on any from Oregon (Mr. WALDEN) deserves each will control 30 minutes. amendment adopted in the Committee of the credit for working hard to write a bill Whole to the bill or to the amendment in the The Chair recognizes the gentleman nature of a substitute made in order as origi- that everyone can support before it from Utah (Mr. HANSEN). nal text. The previous question shall be con- even reaches the House floor. So I urge Mr. HANSEN. Madam Chairman, I sidered as ordered on the bill and amend- my colleagues to support this rule and yield myself such time as I may con- ments thereto to final passage without inter- to support the underlying legislation. sume.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20676 CONGRESSIONAL RECORD—HOUSE October 4, 2000 Madam Chairman, I rise in support of in this effort, and I urge my colleagues with the Steens area, environmental H.R. 4828, the Steens Mountain Cooper- to support the passage of this very groups. The gentleman has done yeo- ative Management and Protection Act worthwhile legislation. man’s work in bringing along the local of 2000. Madam Chairman, I reserve the bal- community and the ranchers, who are Madam Chairman, today we have the ance of my time. significantly impacted by this legisla- opportunity to protect Steens Moun- Mr. GEORGE MILLER of California. tion. tain in Oregon, one of the most beau- Madam Chairman, I ask unanimous I think it is just an extraordinary tiful areas in the West. What brings us consent that I may yield all of the time day and, in my tenure in Congress, a here today is nothing more than the re- on this side to the gentleman from Or- very unusual day when the entire Or- lentless efforts of the gentleman from egon (Mr. DEFAZIO) for the purposes of egon delegation is unanimously in sup- Oregon (Mr. WALDEN) over the past few controlling the time. port of legislation that relates to the months to draft this consensus legisla- The CHAIRMAN. Is there objection environment in our wonderful and tion. The citizens of Oregon are lucky to the request of the gentleman from beautiful State. This is not something to be represented by a man who has California? that is frequently seen no matter how found a way to preserve the beautiful There was no objection. meritorious the legislation. area while at the same time respecting Mr. DEFAZIO. Madam Chairman, I So I stand here in strong support of the people’s needs and uses in the yield myself such time as I may con- the legislation. We will hear from Steens Mountain area. sume. other members of the Oregon delega- H.R. 4828 is the culmination of years Madam Chairman, I really never tion later, and the gentleman from of effort to protect this unique area. thought we would get here today to the California (Mr. GEORGE MILLER) I will H.R. 4828 is a complicated measure that floor of the House of Representatives recognize later. But at this point I uses management prescriptions that fit adopting consensus legislation on be- want to congratulate the gentleman the land. Steens Mountain is a 30-mile half of the entire Oregon delegation to from Oregon (Mr. WALDEN), who rep- long block which rises approximately protect the extraordinary beauty, eco- resents the district, for the work he 9,700 feet above the Alvord Basin, and logical value of the Steens Mountains. has done. is home to a variety of wildlife, includ- It is a place I visited, a place I love. It Madam Chairman, I reserve the bal- ing sage grouse, bighorn sheep, golden is not in my district. It is actually ance of my time. eagles, deer, antelope, and many vari- quite far away from my district, a Mr. HANSEN. Madam Chairman, I eties of fish. Currently, the Steens number of hours’ drive. But it is an un- ask unanimous consent that the gen- Mountain recreational land consists of believably beautiful, almost mystical tleman from Oregon (Mr. WALDEN) con- 147,773 acres managed by the BLM; place rising up out of arid eastern Or- trol the remaining time on the major- 41,577 acres of private land; and 4,506 egon overlooking the Alvord Desert on ity side. acres of State land. one side and looking back to the west The CHAIRMAN. Is there objection H.R. 4828 withdraws 1.2 million acres over sagebrush and scattered farmlands to the request of the gentleman from from mining and geothermal develop- to the west. Utah? ment and designates 134,000 acres as The values in that area in terms of There was no objection. wilderness. It would also create a non- the environment are just amazing, not Mr. WALDEN of Oregon. Madam grazing zone of approximately 100,000 just the spectacular views but the wild- Chairman, I yield myself such time as acres, as well as 500,000 acres of cooper- life habitat, the river canyons. This I may consume. ative management and protection area. bill will provide extraordinary protec- Madam Chairman, we have accom- In addition, H.R. 4828 would establish tions for some of the most delicate plished something unique with the the Wildlands Juniper Management areas and the most beautiful areas in drafting of this legislation. We have Area, expand the Donner and Blitzen the Steens by affording, to the best of brought together people from very dif- Wild and Scenic River, designate the my knowledge, the first legislated cat- ferent walks of life. We have given Donner and Blitzen Redband Trout Re- tle-free wilderness in, at least, Oregon them equal seats at the table of public serve, authorize the Secretary of the and, I believe, throughout the western policy, and we have crafted an Oregon- Interior to carry out a number of land United States. based solution that works for the exchanges to facilitate the purpose of That is crucial for the delicate na- ranchers and works for the environ- this legislation, and allow the con- ture of some of the uplands and the ment. servation of these lands to remain gorges and the headwaters for their I want to start by telling my col- under local management. preservation. leagues about the people who live in During full committee consideration, This was not an agreement easily Harney County and who ranch on the issue of Federal Reserve water reached. Quite frankly, I think it was Steens Mountain. These are people rights within the wilderness area was about a year ago when the gentleman whose ancestors were encouraged by heavily debated. During the next dec- from eastern Oregon (Mr. WALDEN) the Federal Government to take the ade, Congress will consider many BLM came to my office and said he wanted risk of expanding our Nation’s frontier, wilderness bills. In my State of Utah, to talk about the Steens and about leg- to risk life and property to settle the this debate is the foremost of resource islation for the Steens. I was open to Wild West. They were the home- issues. meeting with him about this but did steaders of the 1800s, people of un- b 1215 not expect much, to tell the truth. daunted courage who followed the trail As Congress heads down this road of He came in with his trusty staff per- to the West blazed by Lewis and Clark finally resolving the BLM wilderness son, put down a map of the Steens with some 200 years ago. debate in the West, we must be cau- which I was familiar, and then started They moved to an area of Southeast tious in how we approach such areas as pulling out all these velcroed sections Oregon later called Harney County, grazing, water, existing uses, and exist- and stickies and saying, well, I want to where cows outnumbered people and ing rights. do this. And after he got to about the still do today. It is a county that is The amendment considered as origi- fifth ‘‘I want to do this,’’ I said, this is larger than most New England States, nal text will resolve the water issue in a pretty good offer. And he said, well, 143 miles long and 86.6 miles wide. a matter that does not prejudice the that is not all and he kept pulling out There are no freeways here, no conges- debate in the future. The language sim- the velcroed stickies and putting them tion, no gridlock except when they are ply repeats the 1964 Wilderness Act. on the map. moving cows to graze in another area. This is a reasonable approach that en- It was a good first offer. We have im- These are people whose closest neigh- sures the area is protected. proved the bill significantly since that bor is often miles and miles away. Once again, I want to commend the time. We have worked with the con- They are self-reliant people with soft gentleman from Oregon (Mr. WALDEN) servation groups who are most familiar hearts but rugged spirits.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20677 This is not the world of high-tech a community dinner in Frenchglen. We It is a compromise but a compromise millionaires, BMWs, and the fast life. faced the challenge together: Should that is far better than a national But it is a place where people look out we simply protest the idea of a monu- monument twice its size. It will allow for each other, take care of each other. ment, knowing it would come anyway, a ranching lifestyle more than a cen- It is a place where written contracts and trust the Federal Government to tury old to continue for generations to are not broken because usually written write the rules, or should we try to come, and it will protect and preserve contracts are not needed, a man’s word write legislation of our own, legislation the most fragile environment in south- is all it takes, a handshake will do. that would have to accomplish the en- eastern Oregon. They do not get much from Govern- vironmental goals of the administra- I have next to me here a picture of ment other than a tax bill, and they tion without choking out a way of life Big Indian. This is part of what we are sure do not ask for a lot in return. on the mountain and the communities trying to protect and preserve. This And for a century or more, they have that surround it. gorge that we see here rising probably tended the land and worked in coopera- Well, my colleagues, the legislation 7,000 or 8,000 feet into the sky would be tive partnership with the Federal Gov- we are considering today here on the protected with the wilderness boundary ernment to ensure that the environ- floor of the House of Representatives is for about as far as we could see on this ment is protected and their ranching the end result. It is the result of hun- picture. It is an extraordinary place. way of life is allowed to continue. dreds, if not thousands, of hours of ne- And there is one after another after an- Steens Mountain is a checkerboard of gotiation over the last year. It is one of other. private and public lands interrelated. the few examples where the threat of a We declare four wild and scenic riv- In cities, fences are designed to divide unilaterally imposed national monu- ers in this legislation. We set up a spe- neighbor from neighbor, but here there ment of more than a million acres has cial redband trout reserve so that the are few fences and quite often the been replaced by legislation written by stream where this special species is neighbor is the Federal Government. It the people most affected. will be managed and enhanced for the is a true partnership in a wide open We will hear today much about the protection of the redband trout. space that has served the mountain importance of this legislation in pro- We create 174,000 acres of wilderness, and served the people well. tecting and preserving Steens Moun- 100,000 acres of which is cow free. And Steens Mountain itself is as unique tain. And it does do that. But it does yet we preserve and protect the ranch- as the people who live on it and near it. something just as important, if not ing way of life in this region. Unlike most mountain ranges across more. It protects private property I want to close by specifically thank- America, Steens Mountain stands rights. It protects water rights. It en- ing and naming those people who have alone in the desert. Made of heavy shrines in Federal law the spirit of co- played such an important role in this lava, Steens Mountain is a huge, up- operative management of the Federal legislation. After all, we spent more thrust block twenty-three miles from lands that has been unique to this re- than a year working on it and clearly its base on the west to its top. But gion. hundreds of hours, and we can spend a when we get to that top, we are at It is nearly half the size of the Fed- few minutes saying thanks to the peo- nearly 10,000 feet; and it is a straight eral monument. It is a solution in ple most involved. drop of nearly a mile to the playa keeping with the great tradition and I want to start with my former legis- below. lative director, Lindsey Slater, who Breathtaking? You bet it is. spirit that makes Oregon unique be- The explorers who settled here were cause we have with this legislation, in has probably put more time and effort not stupid. They picked the best lands a small measure, rekindled the Oregon into this than any of us and has been on the mountain for their ranches. spirit of working together to protect there throughout it all with new ideas Harney County is arid, receiving just a our special place and our special way of about how to make it work. It ought to few inches of rainfall a year. So the life while we respect the rights of indi- be named after him, but we probably ranchers went for the water and the viduals and preserve the environment. cannot go there today; and Valerie lush valleys, as any of us would have Moreover, we have proven that even West and David Blair and Sarah done. But today, in this legislation, in the heat of an election year, people Bittlemen from the Senators’ offices; they are offering to give back some of of different parties and philosophies and Amelia Jenkins, Chris, Michael, the best they have, to put it in wilder- can work together for the common and Bill in the Members’ offices; and ness for public benefit for a lifetime. good. We heard my colleague from Eu- Kevin Smith and Peter Green; and the This is a good deal for the taxpayers, gene talk about that. Rare is the time Governor, Secretary Babbitt, along and it works for the ranchers. when this delegation representing with Molly and Laurie and Roy, our Over the years, the ranchers and the many different parts of Oregon has got- legislative counsel who we have gone Federal Government have worked to- ten together on a piece of legislation back to time and time again to say this gether to improve the range lands, to this monumental. is the final draft only to have to go improve the aspen groves, the water- Every member of the Oregon delega- back one more time and say, well, we sheds and the fish habitat. It is a part- tion supports this bill. Every member found one other thing we needed to nership that has served the environ- of this delegation, House and Senate, change; and to Allen Freemyer and ment well. has worked in good faith to fight for Lisa and Liz, thank you for your help; Well, about a year ago, Steens Moun- the principles they believe in that are and to the gentleman from Utah tain was discovered by the administra- important for our future as a State. (Chairman HANSEN) and to the gen- tion and a new land rush was on. One, The Governor of Oregon and the Sec- tleman from Alaska (Mr. YOUNG) for to save the Steens, to name it a na- retary of the Interior, with whom I their work. tional monument to encircle the ranch- have obviously had disagreements over To Stacy Davies, to Fred Otley and ers and their home places with a new the years, support this bill and have to Charlie Otley, thank you. To all the set of Federal laws and restrictions worked in good faith to accomplish its people in Harney County, thank you like a noose that could only get tighter goals. The Oregon Cattlemen’s Associa- for staying at the table, for working and tighter until it would have choked tion and the Sierra Club, both at the hard and fighting for what you all be- out their way of life. table, both support this legislation. lieve in. And to Bill Marlett and Andy Now, in some parts of the West the The Wilderness Society and Oregon Kerr, representing some of the tough- reaction might have been to simply go Trout support this bill. est negotiators in Oregon’s environ- into denial. But here the ranchers and Is it as I would have written it if I mental community, thank you for giv- the people realized that the threat they alone could have written it? No. But ing us this opportunity, as well. faced was both real and unstoppable. neither is it as those who would elimi- So I thank the members of the dele- Over Labor Day weekend a year ago, nate ranching would have written it. It gation, our Senators, the Governor, I met with the people most affected at is indeed what legislating is all about. and the Secretary for getting us to this

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20678 CONGRESSIONAL RECORD—HOUSE October 4, 2000 point. Because, truly, it is a remark- to make other wilderness areas avail- interest is in fact being served and the able day. I thank the ranking member able to provide forage replacement. treasury of the United States is being of the Committee on Resources, as Grazing is given a high priority in protected. well, both for his input and his under- this bill, and the promotion of grazing Those are my concerns. It is not with standing of the importance of this is made one of the objectives of the the merits of protecting Steens Moun- issue for our State and for our Nation. area. The bill contains numerous other tain. The gentleman from Oregon (Mr. Madam Chairman, I reserve the bal- exemptions for grazing. While there is WALDEN) has worked very hard on this ance of my time. a general prohibition on new roads in and has brought about an agreement. the area, that does not apply to roads Much of that agreement is in fact nec- b 1230 needed for livestock. Likewise, while essary and quite proper, but I think Mr. DEFAZIO. Madam Chairman, I there is a general prohibition on the there are questions around valuations yield 5 minutes to the gentleman from construction of Federal lands, that that are serious here. But the delega- California (Mr. GEORGE MILLER), the does not apply to facilities needed for tion has come together on this. They ranking member of the full committee. livestock. The Secretary is also re- believe this is the proper manner to Mr. GEORGE MILLER of California. quired to construct fencing and water proceed. But I think clearly in light of I thank the gentleman for yielding me developments for livestock in the area. the GAO report and the warnings that this time. I regret that the bill that is being we have been given that we ought to Madam Chairman, I want to say that brought to the floor today has deleted give due consideration to this. no one can argue with the desire of this the wilderness water right language Mr. DEFAZIO. Madam Chairman, I delegation to save Steens Mountain that was in the bill approved by the yield 7 minutes to the gentleman from and the surrounding area and the im- Committee on Resources. This is not Oregon (Mr. BLUMENAUER). portance of this environmental asset. I an improvement, and in the end it will Mr. BLUMENAUER. Madam Chair- will, however, unfortunately, have to only make it harder to protect those man, I appreciate the gentleman’s disagree with him about how this was wilderness values. courtesy in giving me time to speak on gone about by the process that was Madam Chairman, I recognize that this bill. I came to this, actually it was sort of used here, and I think that it is unfor- Secretary Babbitt and the Oregon dele- interesting. Listening to my colleague, tunate that a number of provisions of gation have signed off on this legisla- the gentleman from eastern Oregon this bill deviate from public land man- tion, and I recognize again that Steens (Mr. WALDEN), and the gentleman from agement and conservation designa- Mountain is clearly an asset that is California (Mr. GEORGE MILLER), for tions, including those dealing with wil- worth the kind of protection that they whom I have the greatest respect and derness. seek. But I think that we have to raise admiration, I must admit that I find In addition, there are significant these questions. Otherwise, we are myself in modest disagreement with problems with the land exchanges pro- going to continue to see a drift in the posed in this bill, including valuations them both. land exchange policy of this govern- I was one of those people that did not and payments that have no basis in law ment that continues to ignore valu- look at the action, the attention, the or policy. As the General Accounting ations, that continues to ignore or not interest by Secretary Babbitt as a Office noted in a report done in June of require appraisals and continues to ig- noose. I feel, with all due respect to my this year given to our committee, nore the public interest. Republican colleagues, that this ad- many land exchanges have failed to It is clearly in the public interest to ministration has been moving forward protect the public interest or provide protect Steens Mountain. The question to attempt to protect precious jewels that the lands exchanged were of equal is whether or not it is in the public in- of resources throughout the country, value. That is the law of the land. terest to protect it in this manner. Is it and I think appropriately so. And I Unfortunately, the exchanges in this in the public interest after we make an have been supportive of their efforts; bill, I believe, continue that pattern; exchange of unequal parcels recog- and, candidly, at one of our early meet- and I find that pattern troubling be- nizing that there is a difference in the ings, I was there to just say I did not cause I think it raises serious ques- forage value of these lands as properly think that monument status was a bad tions about the public interest, about we should, we have exchanged? fallback position; and frankly, rather the public treasury, and about the pub- We have exchanged in Roaring than a noose of Federal regulation, I lic good. No appraisals were done in Springs, we took 10,000 acres, almost am not prepared at this point to go this instance. Instead, BLM at the di- 11,000 acres; and we gave back 76,000 into some debate, but I will be happy rection of the bill’s sponsors prepared a acres, recognizing that there are dis- to do it with my colleague; and I am realty report. Since the lands the tinctions. We then told the Secretary sure we will have opportunities on the ranchers offered were worth signifi- of the Interior that they shall provide campaign trail, about the Republican cantly less than the Federal lands they the fencing and the improvements and approach to environmental protection, wanted, the BLM was asked by the the water on those lands. And then on hard rock mining, what has happened bill’s sponsors to use valuation as- top of that where these already started with grazing areas around the country; sumptions that are not found in Fed- out unequal, we have now added on and frankly I think the vast majority eral law or policy. Further, the pay- cash payments that range from almost of the American public supports great- ments to the ranchers that this bill $3 million to $148,000 against the policy er protection, including many of the provides are an unjustified benefit, in and the recommendations of the De- monument designations. my opinion. partment of the Interior. But what my friend from eastern Or- The provisions of this bill on wilder- I realize the desire and the sense of egon approached, and I think rightly ness are also troubling. First, thou- urgency about this and the asset that so, was the notion that we, because of sands of acres of wilderness study areas is being protected, but I think that we the patchwork that has occurred in are transferred to private ownership. had better take a long and hard look at this area, in part historic accident, in The wilderness boundaries that were the exchange policy as the GAO rec- part smart business practice, in part drawn in many instances follow section ommended because it has cost the tax- frankly we in government at all levels lines. This is both a serious manage- payers of this country millions of dol- have been asleep at the switch, we had ment and ecological problem because lars. At some point the integrity has an opportunity to do something better. those lines represent arbitrary markers got to be put back into that process. I And I will add my voice and you will and bisect resources that are hard to think in fact there should be a morato- hear from other Members of the Oregon administer. Further, much of the wil- rium on exchanges until such time as delegation who will come forward each derness is bisected by roads. While por- both the BLM and the Forest Service with their own unique story about the tions of the wilderness will be off-lim- can tell this Congress that there is in- treasure that is this wilderness that we its to cows, the Secretary is required tegrity in that process, that the public are about, I hope, to designate today.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20679 In fact, I could use all of my time, eye on what our objective was. The So indeed the investment we are mak- and I will not, just talking about the people from the environmental commu- ing today is one for the future, to pro- experience of going out at dawn on a nity in Oregon hammered away at tect and preserve the best of this spring morning far into the desert off a things that they held dear, and they mountain and preserve the life-style. deserted road and watching the mating are proud supporters of this legislation, Madam Chairman, I reserve the bal- ritual of the sage grouse as the sun from the American Lands Alliance, the ance of my time. comes up. It is truly something that Audubon Society, Columbia Gorge Au- b 1245 sends shivers down your spine and is dubon, Cybil Ackerman, Mark Salvo. I something that is fragile in nature and do not have time to go through Mr. DEFAZIO. Madam Chairman, I something that is part of this heritage everybody’s name. I hope somebody yield 5 minutes to the gentlewoman that we could lose. will at the end. from Oregon (Ms. HOOLEY). And I would also take modest dis- But I guess I want to conclude by the Ms. HOOLEY of Oregon. Madam agreement with my friend when he notion that this is not just recapturing Chairman, I thank the gentleman for talked about this is not an area of the heritage of what we have in eastern yielding the time to me, and I rise in high-tech millionaires, because it is Oregon and crafting an Oregon solution strong support of this legislation, the truly a unique way of life in eastern as a team to something that is going to Steens Mountain Wilderness Act. Any- Oregon, the ranching activities; but we last for generations. I think this is an one who has ever been to Oregon and have already seen that there are some example of how this Congress should has seen the Steens Mountain and the of the high-tech millionaires that ap- work, because as frustrated as I am Alvord Desert knows it is one of the preciate this. There have been sales frankly by the lack of environmental most beautiful and pristine places in pressures. I have visited with one gen- progress, I think we have demonstrated the world. tleman in eastern Oregon recently who today that people of disparate views Madam Chairman, what is more, if purchased an element that frankly we could come together, one person look- you have not been to Oregon, you prob- should find a way to add to the protec- ing at the threat of protection and ably know about our passion for mak- tion, because despite our vaunted land- somebody else looking like this was ing sure that we keep Oregon beautiful use planning protections in Oregon, going to help us, but come together and protecting our resources; and that there is still much of this land that is and make something that was better. is why we have before us today this at risk; there is much of this land that And I would hope that not only would wonderful, outstanding consensus piece could in fact be developed in the fu- the House pass this legislation over- of legislation. ture, and there is pressure for people to whelmingly; but I would hope that this H.R. 4828 is an Oregon-based solution put not just mansions but massive would serve as a model that we could that not only protects private property structures which they legally would be take forward to craft appropriate envi- rights, but will also protect the sci- entitled to do if we are not able to ronmental solutions, break the logjam. entifically important landscape. Madam Chairman, I would like to move forward in the future. There are a number of things that we thank my friend and colleague, the So while we are not threatened per- could move forward with, and I think if gentleman from Oregon (Mr. WALDEN), haps by traffic jams in this portion of we had the same sort of inclusive proc- for his working so hard to bring this eastern Oregon, we are not threatened ess that was demonstrated here, we bill to the floor today. I look at how by huge dot-com compounds that will could in fact reach the objections that this was handled by the gentleman; and be there, there is some of the new have been advanced by our friend from it is typical, I think, about how Orego- money, and some old money, that has California and be able to move forward nians solve problems. He brought ev- the potential of disrupting this pre- with items that we can all take pride eryone to the table, and he worked cious area. in. That is why I must take modest ex- Madam Chairman, I add my con- very hard to find that win-win solu- ception to my friend from California, gratulations to the gentleman from Or- tion. Frankly, like my colleague, the gen- because there is in fact an urgency at egon (Mr. WALDEN), the gentleman tleman from Oregon (Mr. moving forward. And because while from Oregon (Mr. DEFAZIO), our Sen- there may not be some areas that fit ators and governor for making this BLUMENAUER), I think this would be a perhaps into a cookie cutter approach possible. wonderful model that we could use in for land valuation and exchanges, I am Mr. WALDEN of Oregon. Madam Congress and do seldom use. In addi- convinced that the package that has Chairman, I yield myself 1 minute. tion, I would like to thank Secretary been developed here as a result of Madam Chairman, I would just like Babbitt and my colleague, the gen- painstaking effort on behalf of a num- to thank my colleague, the gentleman tleman from Oregon (Mr. DEFAZIO), the ber of people, the tip of the iceberg was from Portland (Mr. BLUMENAUER), for ranking member on the Committee on mentioned by the gentleman from Or- his comments. I might take exception Resources, for working out all the egon (Mr. WALDEN), and they deserve to his comment that the gentleman nitty-gritty details. that recognition and our thanks. But from Oregon (Mr. DEFAZIO) was ever I mean, this is a kind of legislation what was accomplished was a package cranky. I do not recall that. Well, that is not only protecting this won- that actually is fair value for priceless maybe once, but I think we all were derful area, but how do you get all of resources. And it was not something once. those little details and all the staff that the Oregon delegation signed off I would point out, too, that his com- that worked on this. Again, while not a on. It was a vicious process of give-and- ment about the high-tech millionaires Member of Congress, I would like to take, of hand-wringing, that resulted is perhaps taken in a different context thank my staff, Chris Huckleberry, for in drafting our approach for Orego- than I meant it, which is that this is all the hard work he did on it in the nians. not the center of industry in that re- last year. In addition to acknowledging the ef- spect. But he is very right in the sense Finally, I would like to include a let- forts of my friend, the gentleman from that those who do have that wealth are ter of support from the Oregon gov- Oregon (Mr. WALDEN), I would like to eyeing this mountain because as people ernor, John Kitzhaber, into the acknowledge the gentleman from Or- saw on this floor, the views from there RECORD. egon (Mr. DEFAZIO), who stepped for- are extraordinary, the pressures to sell OCTOBER 4, 2000. ward at a critical time. Sometimes he off parcels on this mountain are only TO THE OREGON CONGRESSIONAL DELEGA- can be a little cranky. He saved it, he increasing; and there could be over 200 TION: The Steens Mountain Area is a state and national treasure. Its beauty and eco- brought it in at the right moment, and buildable lots on this mountain that logical value are immense. The Steens- I think he helped move some things even under Oregon’s fairly restrictive Alvord area is home to multiple rare species, forward. The administration, and espe- land-use laws could be accessed, and scientifically important landscapes and out- cially Secretary Babbitt, who kept the you could have trophy homes built on. standing recreational and scenic values. It is

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20680 CONGRESSIONAL RECORD—HOUSE October 4, 2000 our duty to conserve and protect it for gen- One of the highlights has to have Mr. WALDEN of Oregon. Madam erations to come. been the hour-and-a-half meeting in Chairman, I yield myself such time as The Steens Mountain Area is also home to my office with the governor on the con- I may consume. a rich and valuable Oregon culture. From the Madam Chairman, I just again want ancestors of the Burns Paiute Native Amer- ference call. We are not quite sure how ican tribe to the family ranches of today, the long he was there. He was there to help to thank my colleague, the gentleman Steens-Alvord area has cultural, historical, us with one key point and was sub- from the fourth district for Oregon and economic value. We must not lose this jected to listening for quite some pe- (Mr. DEFAZIO), for putting up with my value. We must diligently safeguard the ex- riod of time. persistence. I know there were times isting culture and way of life on the moun- I also want to thank others who were when I was probably a little more per- tain, for if we do not we will surely diminish involved, Lindsay Slater, as was said sistent than I needed to be, but we got all the critical values of the mountain—its earlier, just did yeoman’s work; and it here. We could not have done it with- ecology, its culture, and its people. is a real loss to the gentleman from Or- The legislation before the House today out the gentleman’s help, because obvi- goes a long way toward achieving these pur- egon (Mr. WALDEN) that he is taking on ously there are things that the gen- poses and I am happy to join the Oregon con- the task of representing an inland tleman feels very strongly about, as do gressional delegation in supporting this State, but we wish him well in his new others in the delegation and others in needed legislation. job. Troy Tidwell, our two senators different communities, that had to be GOVERNOR JOHN A. KITZHABER, M.D. who obviously played a key role in this addressed, that had to be dealt with if Madam Chairman, again, I thank all and will play a key role in its final en- we were going to be successful and be of the people that worked so hard on actment, since we have to deal with here today. this. It is a wonderful solution to a the other body, so-called, Governor I appreciate the gentleman’s help and problem, and it is a model this Con- Kitzhaber, as I said earlier, his pa- that of the other members of the dele- gress could use and hopefully will use tience, his contribution, the staff of all gation, important roles each of you more in the future. I urge my col- of these individuals. played in working this through here at leagues to vote yes on this bill. In particular, I want to acknowledge the final days or week and a half, hope- Mr. WALDEN of Oregon. Madam Josh Kardon. He was in a number of fully, of this legislative session. Chairman, I reserve the balance of my meetings on this issue when Senator To be at this point, I think it is truly time. WYDEN had to be occupied elsewhere by unique and I think we have a partner- Mr. DEFAZIO. Madam Chairman, I his official business, and Josh played a ship that can be used, and we have yield 5 minutes to the gentleman from key role in meetings with Secretary shown that the legislative process can Oregon (Mr. WU). Babbitt and others. Sarah Bittleman work. I think Americans out there who Mr. WU. Madam Chairman, I thank and David Blair also on the Senator’s probably do not have a clue about the gentleman for yielding me the staff. Valerie West, who did tremen- Steens Mountain have at least come to time, and I rise in support of this bill dous work on Senator SMITH’s staff, understand that you can make this and want to take this opportunity to and I have had an occasion to work process work if you allow everybody at recognize the tremendous hard work with Valerie previously when she the table to try and resolve the issues which the gentleman from Oregon (Mr. worked for Representative SMITH on at hand; and so it is truly a delight to WALDEN) has put into this effort, the the Oregon Wild and Scenic Rivers bill, be here and to move this bill forward leadership of the gentleman from Or- and she did great work on this. Kevin and to be in a position we are in right egon (Mr. DEFAZIO), and keeping all of Smith from the governor’s office. now. I thank each of you for your hard us on track. Madam Chairman, I had quite a num- work, your dedication, your comments, I would like to also recognize the ber of occasions to meet with and chat and your support. governor, the administration and all with Secretary Babbitt over the phone Madam Chairman, I urge my col- the Members of the Oregon delegation on the development of this legislation, leagues to support H.R. 4828, the Steens in coming together to resolve this com- and he was a tremendous help, and his Mountain Wilderness Act of 2000. plex set of issues the way that Orego- staff, Molly McUsic and Laurie Madam Chairman, I yield back the nians traditionally have, coopera- Settlemeyer, were also tremendous balance of my time. tively, with common vision, and com- contributors. The CHAIRMAN (Mrs. BIGGERT). All mon sense. Rick Healy from the Committee on time for general debate has expired. And what an achievement we indeed Resources did a great job in basically In lieu of the amendment rec- have, because from either Steens pointing out what he felt were con- ommended by the Committee on Re- Mountain looking down to the Alvord cerns and deficiencies on behalf of the sources printed in the bill, it shall be Desert or from the Alvord Basin look- gentleman from California (Mr. in order to consider as an original bill ing up to the mountain, the Steens GEORGE MILLER), the ranking member. for the purpose of amendment under Mountain is a treasure in the sky, now And we addressed quite a few of those the 5-minute rule an amendment in the saved for all time. during the development of the legisla- nature of a substitute printed in the We do a good thing today, coopera- tion. CONGRESSIONAL RECORD and numbered tion, common sense, common vision, Madam Chairman, I am proud of this 1. That amendment in the nature of a coming together to produce this un- legislation. It is a day when I am just substitute shall be considered read. common moment. so proud to be a Member of the rather The text of the amendment in the na- Mr. WALDEN of Oregon. Madam small, but sometimes powerful, Oregon ture of a substitute is as follows: Chairman, I reserve the balance of my delegation, because I think we are H.R. 4828 time. going to bowl this bill right through Be it enacted by the Senate and House of Rep- Mr. DEFAZIO. Madam Chairman, I here today without hardly any resentatives of the United States of America in yield myself such time as I may con- dissention on the part of our col- Congress assembled, sume. leagues. So congratulations to the gen- SECTION 1. SHORT TITLE; PURPOSES; TABLE OF Madam Chairman, I want to thank tleman from eastern Oregon (Mr. WAL- CONTENTS. my colleagues from the Oregon delega- DEN), who represents this area, and my (a) SHORT TITLE.—This Act may be cited as tion, both for their eloquent words in thanks to all the other Members of the the ‘‘Steens Mountain Cooperative Manage- support of this legislation and for the delegation. ment and Protection Act of 2000’’. team work that went into this bill. It Madam Chairman, I forgot my staff, (b) PURPOSES.—The purposes of this Act is, as I said earlier, in my time in Con- are the following: Amelia Jenkins, who did yeoperson’s (1) To maintain the cultural, economic, ec- gress fairly unprecedented the degree work in this battle on a fine, wonderful ological, and social health of the Steens of comity and the progress we have resolution. Mountain area in Harney County, Oregon. made as we went through very, very Madam Chairman, I yield back the (2) To designate the Steens Mountain Wil- long and productive discussions. balance of my time. derness Area.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20681 (3) To designate the Steens Mountain Co- Sec. 302. Donner und Blitzen River redband for the Cooperative Management and Protec- operative Management and Protection Area. trout reserve. tion Area and the Wilderness Area required (4) To provide for the acquisition of private TITLE IV—MINERAL WITHDRAWAL AREA to be prepared by section 111(b). lands through exchange for inclusion in the (7) REDBAND TROUT RESERVE.—The term Sec. 401. Designation of mineral withdrawal Wilderness Area and the Cooperative Man- ‘‘Redband Trout Reserve’’ means the Donner area. agement and Protection Area. Sec. 402. Treatment of State lands and min- und Blitzen Redband Trout Reserve des- (5) To provide for and expand cooperative eral interests. ignated by section 302. management activities between public and (8) SECRETARY.—The term ‘‘Secretary’’ private landowners in the vicinity of the Wil- TITLE V—ESTABLISHMENT OF means the Secretary of the Interior, acting derness Area and surrounding lands. WILDLANDS JUNIPER MANAGEMENT through the Bureau of Land Management. (6) To authorize the purchase of land and AREA (9) SCIENCE COMMITTEE.—The term ‘‘science development and nondevelopment rights. Sec. 501. Wildlands juniper management committee’’ means the committee of inde- (7) To designate additional components of area. pendent scientists appointed under section the National Wild and Scenic Rivers System. Sec. 502. Release from wilderness study area 133. (8) To establish a reserve for redband trout status. (10) WILDERNESS AREA.—The term ‘‘Wilder- and a wildlands juniper management area. TITLE VI—LAND EXCHANGES ness Area’’ means the Steens Mountain Wil- (9) To establish a citizens’ management ad- Sec. 601. Land exchange, Roaring Springs derness Area designated by title II. visory council for the Cooperative Manage- Ranch. SEC. 3. MAPS AND LEGAL DESCRIPTIONS. ment and Protection Area. Sec. 602. Land exchanges, C.M. Otley and (a) PREPARATION AND SUBMISSION.—As soon (10) To maintain and enhance cooperative Otley Brothers. as practicable after the date of the enact- and innovative management practices be- Sec. 603. Land exchange, Tom J. Davis Live- ment of this Act, the Secretary shall prepare tween the public and private land managers stock, Incorporated. and submit to Congress maps and legal de- in the Cooperative Management and Protec- Sec. 604. Land exchange, Lowther (Clemens) scriptions of the following: tion Area. Ranch. (1) The Cooperative Management and Pro- (11) To promote viable and sustainable Sec. 605. General provisions applicable to tection Area. grazing and recreation operations on private land exchanges. (2) The Wilderness Area. and public lands. (3) The wild and scenic river segments and TITLE VII—FUNDING AUTHORITIES (12) To conserve, protect, and manage for redband trout reserve designated by title III. healthy watersheds and the long-term eco- Sec. 701. Authorization of appropriations. (4) The mineral withdrawal area designated logical integrity of Steens Mountain. Sec. 702. Use of land and water conservation by title IV. (13) To authorize only such uses on Federal fund. (5) The wildlands juniper management area lands in the Cooperative Management and SEC. 2. DEFINITIONS. established by title V. Protection Area that are consistent with the In this Act: (6) The land exchanges required by title VI. purposes of this Act. (1) ADVISORY COUNCIL.—The term ‘‘advisory (b) LEGAL EFFECT AND CORRECTION.—The (c) TABLE OF CONTENTS.—The table of con- council’’ means the Steens Mountain Advi- maps and legal descriptions referred to in tents of this Act is as follows: sory Council established by title IV. subsection (a) shall have the same force and Sec. 1. Short title; purposes; table of con- (2) COOPERATIVE MANAGEMENT AGREE- effect as if included in this Act, except the tents. MENT.—An agreement to plan or implement Secretary may correct clerical and typo- Sec. 2. Definitions. (or both) cooperative recreation, ecological, graphical errors in such maps and legal de- Sec. 3. Maps and legal descriptions. grazing, fishery, vegetation, prescribed fire, scriptions. Sec. 4. Valid existing rights. cultural site protection, wildfire or other (c) PUBLIC AVAILABILITY.—Copies of the Sec. 5. Protection of tribal rights. measures to beneficially meet public use maps and legal descriptions referred to in TITLE I—STEENS MOUNTAIN COOPERA- needs and the public land and private land subsection (a) shall be on file and available TIVE MANAGEMENT AND PROTECTION objectives of this Act. for public inspection in the Office of the Di- AREA (3) COOPERATIVE MANAGEMENT AND PROTEC- rector of the Bureau of Land Management Subtitle A—Designation and Purposes TION AREA.—The term ‘‘Cooperative Manage- and in the appropriate office of the Bureau of Land Management in the State of Oregon. Sec. 101. Designation of Steens Mountain ment and Protection Area’’ means the Cooperative Management and Steens Mountain Cooperative Management SEC. 4. VALID EXISTING RIGHTS. Protection Area. and Protection Area designated by title I. Nothing in this Act shall effect any valid Sec. 102. Purpose and objectives of Coopera- (4) EASEMENTS.— existing right. tive Management and protec- (A) CONSERVATION EASEMENT.—The term SEC. 5. PROTECTION OF TRIBAL RIGHTS. tion Area. ‘‘conservation easement’’ means a binding Nothing in this Act shall be construed to Subtitle B—Management of Federal Lands contractual agreement between the Sec- diminish the rights of any Indian tribe. retary and a landowner in the Cooperative Nothing in this Act shall be construed to di- Sec. 111. Management authorities and pur- Management and Protection Area under minish tribal rights, including those of the poses. Burns Paiute Tribe, regarding access to Fed- Sec. 112. Roads and travel access. which the landowner, permanently or during Sec. 113. Land use authorities. a time period specified in the agreement, eral lands for tribal activities, including Sec. 114. Land acquisition authority. agrees to conserve or restore habitat, open spiritual, cultural, and traditional food gath- Sec. 115. Special use permits. space, scenic, or other ecological resource ering activities. Subtitle C—Cooperative Management values on the land covered by the easement. TITLE I—STEENS MOUNTAIN COOPERA- Sec. 121. Cooperative management agree- (B) NONDEVELOPMENT EASEMENT.—The term TIVE MANAGEMENT AND PROTECTION ments. ‘‘nondevelopment easement’’ means a bind- AREA Sec. 122. Cooperative efforts to control de- ing contractual agreement between the Sec- Subtitle A—Designation and Purposes velopment and encourage con- retary and a landowner in the Cooperative SEC. 101. DESIGNATION OF STEENS MOUNTAIN servation. Management and Protection Area that will, COOPERATIVE MANAGEMENT AND permanently or during a time period speci- Subtitle D—Advisory Council PROTECTION AREA. fied in the agreement— (a) DESIGNATION.—The Secretary shall des- Sec. 131. Establishment of advisory council. (i) prevent or restrict development on the ignate the Steens Mountain Cooperative Sec. 132. Advisory role in management ac- land covered by the easement; or Management and Protection Area consisting tivities. (ii) protect open space or viewshed. Sec. 133. Science committee. of approximately 425,550 acres of Federal (5) ECOLOGICAL INTEGRITY.—The term ‘‘eco- land located in Harney County, Oregon, in TITLE II—STEENS MOUNTAIN logical integrity’’ means a landscape where the vicinity of Steens Mountain, as generally WILDERNESS AREA ecological processes are functioning to main- depicted on the map entitled ‘‘Steens Moun- Sec. 201. Designation of Steens Mountain tain the structure, composition, activity, tain Boundary Map’’ and dated September 18, Wilderness Area. and resilience of the landscape over time, in- 2000. Sec. 202. Administration of Wilderness Area. cluding— (b) CONTENTS OF MAP.—In addition to the Sec. 203. Water rights. (A) a complex of plant communities, habi- general boundaries of the Cooperative Man- Sec. 204. Treatment of wilderness study tats and conditions representative of vari- agement and Protection Area, the map re- areas. able and sustainable successional conditions; ferred to in subsection (a) also depicts the TITLE III—WILD AND SCENIC RIVERS and general boundaries of the following: AND TROUT RESERVE (B) the maintenance of biological diver- (1) The no livestock grazing area described Sec. 301. Designation of streams for wild and sity, soil fertility, and genetic interchange. in section 113(e). scenic river status in Steens (6) MANAGEMENT PLAN.—The term ‘‘man- (2) The mineral withdrawal area designated Mountain area. agement plan’’ means the management plan by title IV.

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(3) The wildlands juniper management area (c) MONITORING.—The Secretary shall im- (1) PROHIBITION.—The Federal lands in- established by title V. plement a monitoring program for Federal cluded in the Cooperative Management and SEC. 102. PURPOSE AND OBJECTIVES OF COOP- lands in the Cooperative Management and Protection Area shall not be made available ERATIVE MANAGEMENT AND PRO- Protection Area so that progress towards ec- for commercial timber harvest. TECTION AREA. ological integrity objectives can be deter- (2) LIMITED EXCEPTION.—The Secretary (a) PURPOSE.—The purpose of the Coopera- mined. may authorize the removal of trees from tive Management and Protection Area is to SEC. 112. ROADS AND TRAVEL ACCESS. Federal lands in the Cooperative Manage- conserve, protect, and manage the long-term (a) TRANSPORTATION PLAN.—The manage- ment and Protection Area only if the Sec- ecological integrity of Steens Mountain for ment plan shall include, as an integral part, retary determines that the removal is clear- future and present generations. a comprehensive transportation plan for the ly needed for purposes of ecological restora- (b) OBJECTIVES.—To further the purpose Federal lands included in the Cooperative tion and maintenance or for public safety. specified in subsection (a), and consistent Management and Protection Area, which Except in the Wilderness Area and the wil- with such purpose, the Secretary shall man- shall address the maintenance, improve- derness study areas referred to in section age the Cooperative Management and Pro- ment, and closure of roads and trails as well 204(a), the Secretary may authorize the sale tection Area for the benefit of present and as travel access. of products resulting from the authorized re- future generations— (b) PROHIBITION ON OFF-ROAD MOTORIZED moval of trees under this paragraph. (1) to maintain and enhance cooperative TRAVEL.— (c) JUNIPER MANAGEMENT.—The Secretary shall emphasize the restoration of the his- and innovative management projects, pro- (1) PROHIBITION.—The use of motorized or grams and agreements between tribal, pub- mechanized vehicles on Federal lands in- toric fire regime in the Cooperative Manage- lic, and private interests in the Cooperative cluded in the Cooperative Management and ment and Protection Area and the resulting native vegetation communities through ac- Management and Protection Area; Protection Area— tive management of Western Juniper on a (2) to promote grazing, recreation, historic, (A) is prohibited off road; and landscape level. Management measures shall and other uses that are sustainable; (B) is limited to such roads and trails as include the use of natural and prescribed (3) to conserve, protect and to ensure tradi- may be designated for their use as part of tional access to cultural, gathering, reli- burning. the management plan. (d) HUNTING, FISHING, AND TRAPPING.— gious, and archaeological sites by the Burns (2) EXCEPTIONS.—Paragraph (1) does not Paiute Tribe on Federal lands and to pro- (1) AUTHORIZATION.—The Secretary shall prohibit the use of motorized or mechanized permit hunting, fishing, and trapping on mote cooperation with private landowners; vehicles on Federal lands included in the Co- (4) to ensure the conservation, protection, Federal lands included in the Cooperative operative Management and Protection Area Management and Protection Area in accord- and improved management of the ecological, if the Secretary determines that such use— social, and economic environment of the Co- ance with applicable laws and regulations of (A) is needed for administrative purposes the United States and the State of Oregon. operative Management and Protection Area, or to respond to an emergency; or (2) AREA AND TIME LIMITATIONS.—After con- including geological, biological, wildlife, ri- (B) is appropriate for the construction or sultation with the Oregon Department of parian, and scenic resources; and maintenance of agricultural facilities, fish Fish and Wildlife, the Secretary may des- (5) to promote and foster cooperation, com- and wildlife management, or ecological res- ignate zones where, and establish periods munication, and understanding and to re- toration projects, except in areas designated when, hunting, trapping or fishing is prohib- duce conflict between Steens Mountain users as wilderness or managed under the provi- ited on Federal lands included in the Cooper- and interests. sions of section 603(c) of the Federal Land ative Management and Protection Area for Subtitle B—Management of Federal Lands Policy and Management Act of 1976 (43 reasons of public safety, administration, or SEC. 111. MANAGEMENT AUTHORITIES AND PUR- U.S.C. 1782). public use and enjoyment. POSES. (c) ROAD CLOSURES.—Any determination to (e) GRAZING.— (a) IN GENERAL.—The Secretary shall man- permanently close an existing road in the (1) CONTINUATION OF EXISTING LAW.—Except age all Federal lands included in the Cooper- Cooperative Management and Protection as otherwise provided in this section and ative Management and Protection Area pur- Area or to restrict the access of motorized or title VI, the laws, regulations, and executive suant to the Federal Land Policy and Man- mechanized vehicles on certain roads shall orders otherwise applicable to the Bureau of agement Act of 1976 (43 U.S.C. 1701 et seq.) be made in consultation with the advisory Land Management in issuing and admin- and other applicable provisions of law, in- council and the public. istering grazing leases and permits on lands cluding this Act, in a manner that— (d) PROHIBITION ON NEW CONSTRUCTION.— under its jurisdiction shall apply in regard to (1) ensures the conservation, protection, (1) PROHIBITION, EXCEPTION.—No new road the Federal lands included in the Coopera- and improved management of the ecological, or trail for motorized or mechanized vehicles tive Management and Protection Area. social and economic environment of the Co- may be constructed on Federal lands in the (2) CANCELLATION OF CERTAIN PERMITS.— operative Management and Protection Area, Cooperative Management and Protection The Secretary shall cancel that portion of including geological, biological, wildlife, ri- Area unless the Secretary determines that the permitted grazing on Federal lands in parian, and scenic resources, North Amer- the road or trail is necessary for public safe- the Fish Creek/Big Indian, East Ridge, and ican Indian tribal and cultural and archae- ty or protection of the environment. Any de- South Steens allotments located within the ological resource sites, and additional cul- termination under this subsection shall be area designated as the ‘‘no livestock grazing tural and historic sites; and made in consultation with the advisory area’’ on the map referred to in section (2) recognizes and allows current and his- council and the public. 101(a). Upon cancellation, future grazing use toric recreational use. (2) TRAILS.—Nothing in this subsection is in that designated area is prohibited. The (b) MANAGEMENT PLAN.—Within four years intended to limit the authority of the Sec- Secretary shall be responsible for installing after the date of the enactment of this Act, retary to construct or maintain trails for and maintaining any fencing required for re- the Secretary shall develop a comprehensive nonmotorized or nonmechanized use. source protection within the designated no plan for the long-range protection and man- (e) ACCESS TO NONFEDERALLY OWNED livestock grazing area. agement of the Federal lands included in the LANDS.— (3) FORAGE REPLACEMENT.—Reallocation of Cooperative Management and Protection (1) REASONABLE ACCESS.—The Secretary available forage shall be made as follows: Area, including the Wilderness Area. The shall provide reasonable access to nonfeder- (A) O’Keefe pasture within the Miners plan shall— ally owned lands or interests in land within Field allotment to Stafford Ranches. (1) describe the appropriate uses and man- the boundaries of the Cooperative Manage- (B) Fields Seeding and Bone Creek Pasture agement of the Cooperative Management and ment and Protection Area and the Wilder- east of the county road within the Miners Protection Area consistent with this Act; ness Area to provide the owner of the land or Field allotment to Amy Ready. (2) incorporate, as appropriate, decisions interest the reasonable use thereof. (C) Miners Field Pasture, Schouver Seed- contained in any current or future manage- (2) EFFECT ON EXISTING RIGHTS-OF-WAY.— ing and Bone Creek Pasture west of the ment or activity plan for the Cooperative Nothing in this Act shall have the effect of county road within the Miners Field allot- Management and Protection Area and use in- terminating any valid existing right-of-way ment to Roaring Springs Ranch. formation developed in previous studies of on Federal lands included in the Cooperative (D) 800 animal unit months within the the lands within or adjacent to the Coopera- Management and Protection Area. Crows Nest allotment to Lowther (Clemens) tive Management and Protection Area; SEC. 113. LAND USE AUTHORITIES. Ranch. (3) provide for coordination with State, (a) IN GENERAL.—The Secretary shall allow (4) FENCING AND WATER SYSTEMS.—The Sec- county, and private local landowners and the only such uses of the Federal lands included retary shall also construct fencing and de- Burns Paiute Tribe; and in the Cooperative Management and Protec- velop water systems as necessary to allow (4) determine measurable and achievable tion Area as the Secretary finds will further reasonable and efficient livestock use of the management objectives, consistent with the the purposes for which the Cooperative Man- forage resources referred to in paragraph (3). management objectives in section 102, to en- agement and Protection Area is established. (f) PROHIBITION ON CONSTRUCTION OF FACILI- sure the ecological integrity of the area. (b) COMMERCIAL TIMBER.— TIES.—No new facilities may be constructed

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20683 on Federal lands included in the Cooperative permit holder through modification of the ment and Protection Area, appointed from Management and Protection Area unless the permit to realize historic permit use to the nominees submitted by the county court for Secretary determines that the structure— extent that the use is consistent with the Harney County, Oregon. (1) will be minimal in nature; Wilderness Act and this Act, as determined (3) A person interested in fish and rec- (2) is consistent with the purposes of this by the Secretary. reational fishing in the Cooperative Manage- Act; and Subtitle C—Cooperative Management ment and Protection Area, appointed from (3) is necessary— SEC. 121. COOPERATIVE MANAGEMENT AGREE- nominees submitted by the Governor of Or- (A) for enhancing botanical, fish, wildlife, MENTS. egon. or watershed conditions; (a) COOPERATIVE EFFORTS.—To further the (4) A member of the Burns Paiute Tribe, (B) for public information, health, or safe- purposes and objectives for which the Coop- appointed from nominees submitted by the ty; erative Management and Protection Area is Burns Paiute Tribe. (C) for the management of livestock; or designated, the Secretary may work with (5) Two persons who are recognized envi- (D) for the management of recreation, but non-Federal landowners and other parties ronmental representatives, one of whom not for the promotion of recreation. who voluntarily agree to participate in the shall represent the State as a whole, and one (g) WITHDRAWAL.—Subject to valid existing cooperative management of Federal and non- of whom is from the local area, appointed rights, the Federal lands and interests in Federal lands in the Cooperative Manage- from nominees submitted by the Governor of lands included in the Cooperative Manage- ment and Protection Area. Oregon. ment and Protection Areas are hereby with- (b) AGREEMENTS AUTHORIZED.—The Sec- (6) A person who participates in what is drawn from all forms of entry, appropriation, retary may enter into a cooperative manage- commonly called dispersed recreation, such or disposal under the public land laws, ex- ment agreement with any party to provide as hiking, camping, nature viewing, nature cept in the case of land exchanges if the Sec- for the cooperative conservation and man- photography, bird watching, horse back retary determines that the exchange fur- agement of the Federal and non-Federal riding, or trail walking, appointed from thers the purpose and objectives specified in lands subject to the agreement. nominees submitted by the Oregon State Di- section 102 and so certifies to Congress. (c) OTHER PARTICIPANTS.—With the consent rector of the Bureau of Land Management. SEC. 114. LAND ACQUISITION AUTHORITY. of the landowners involved, the Secretary (7) A person who is a recreational permit (a) ACQUISITION.— may permit permittees, special-use permit holder or is a representative of a commercial (1) ACQUISITION AUTHORIZED.—In addition holders, other Federal and State agencies, recreation operation in the Cooperative to the land acquisitions authorized by title and interested members of the public to par- Management and Protection Area, appointed VI, the Secretary may acquire other non- ticipate in a cooperative management agree- from nominees submitted jointly by the Or- Federal lands and interests in lands located ment as appropriate to achieve the resource egon State Director of the Bureau of Land within the boundaries of the Cooperative or land use management objectives of the Management and the county court for Har- Management and Protection Area or the Wil- agreement. ney County, Oregon. derness Area. (d) TRIBAL CULTURAL SITE PROTECTION.— (8) A person who participates in what is (2) ACQUISITION METHODS.—Lands may be The Secretary may enter into agreements commonly called mechanized or consumptive acquired under this subsection only by vol- with the Burns Paiute Tribe to protect cul- recreation, such as hunting, fishing, off-road untary exchange, donation, or purchase from tural sites in the Cooperative Management driving, hang gliding, or parasailing, ap- willing sellers. and Protection Area of importance to the pointed from nominees submitted by the Or- (b) TREATMENT OF ACQUIRED LANDS.— tribe. egon State Director of the Bureau of Land (1) IN GENERAL.—Subject to paragraphs (2) SEC. 122. COOPERATIVE EFFORTS TO CONTROL Management. and (3), lands or interests in lands acquired DEVELOPMENT AND ENCOURAGE (9) A person with expertise and interest in under subsection (a) or title VI that are lo- CONSERVATION. wild horse management on Steens Mountain, cated within the boundaries of the Coopera- (a) POLICY.—Development on public and appointed from nominees submitted by the tive Management and Protection Area private lands within the boundaries of the Oregon State Director of the Bureau of Land shall— Cooperative Management and Protection Management. (A) become part of the Cooperative Man- Area which is different from the current (10) A person who has no financial interest agement and Protection Area; and character and uses of the lands is incon- in the Cooperative Management and Protec- (B) be managed pursuant to the laws appli- sistent with the purposes of this Act. tion Area to represent statewide interests, cable to the Cooperative Management and (b) USE OF NONDEVELOPMENT AND CON- appointed from nominees submitted by the Protection Area. SERVATION EASEMENTS.—The Secretary may Governor of Oregon. (2) LANDS WITHIN WILDERNESS AREA.—If enter into a nondevelopment easement or (c) CONSULTATION.—In reviewing nominees lands or interests in lands acquired under conservation easement with willing land- submitted under subsection (b) for possible subsection (a) or title VI are within the owners to further the purposes of this Act. appointment to the advisory council, the boundaries of the Wilderness Area, the ac- (c) CONSERVATION INCENTIVE PAYMENTS.— Secretary shall consult with the respective quired lands or interests in lands shall— The Secretary may provide technical assist- community of interest that the nominees are (1) become part of the Wilderness Area; and ance, cost-share payments, incentive pay- to represent to ensure that the nominees (2) be managed pursuant to title II and the ments, and education to a private landowner have the support of their community of in- other laws applicable to the Wilderness Area. in the Cooperative Management and Protec- terest. (3) LANDS WITHIN WILDERNESS STUDY tion Area who enters into a contract with (d) TERMS.— AREA.—If the lands or interests in lands ac- the Secretary to protect or enhance ecologi- (1) STAGGERED TERMS.—Members of the ad- quired under subsection (a) or title VI are cal resources on the private land covered by visory council shall be appointed for terms of within the boundaries of a wilderness study the contract if those protections or enhance- three years, except that, of the members area, the acquired lands or interests in lands ments benefit public lands. first appointed, four members shall be ap- shall— (d) RELATION TO PROPERTY RIGHTS AND pointed for a term of one year and four mem- (1) become part of that wilderness study STATE AND LOCAL LAW.—Nothing in this Act bers shall be appointed for a term of two area; and is intended to affect rights or interests in years. (2) be managed pursuant to the laws appli- real property or supersede State law. (2) REAPPOINTMENT.—A member may be re- cable to that wilderness study area. Subtitle D—Advisory Council appointed to serve on the advisory council. (c) APPRAISAL.—In appraising non-Federal SEC. 131. ESTABLISHMENT OF ADVISORY COUN- (3) VACANCY.—A vacancy on the advisory land, development rights, or conservation CIL. council shall be filled in the same manner as easements for possible acquisition under this (a) ESTABLISHMENT.—The Secretary shall the original appointment. section or section 122, the Secretary shall establish the Steens Mountain Advisory (d) CHAIRPERSON AND PROCEDURES.—The disregard any adverse impacts on values re- Council to advise the Secretary in managing advisory council shall elect a chairperson sulting from the designation of the Coopera- the Cooperative Management and Protection and establish such rules and procedures as it tive Management and Protection Area or the Area and in promoting the cooperative man- deems necessary or desirable. Wilderness Area. agement under subtitle C. (e) SERVICE WITHOUT COMPENSATION.— SEC. 115. SPECIAL USE PERMITS. (b) MEMBERS.—The advisory council shall Members of the advisory council shall serve The Secretary may renew a special rec- consist of 12 voting members, to be ap- without pay, but the Secretary shall reim- reational use permit applicable to lands in- pointed by the Secretary, as follows: burse members for reasonable expenses in- cluded in the Wilderness Area to the extent (1) A private landowner in the Cooperative curred in carrying out official duties as a that the Secretary determines that the per- Management and Protection Area, appointed member of the council. mit is consistent with the Wilderness Act (16 from nominees submitted by the county (f) ADMINISTRATIVE SUPPORT.—The Sec- U.S.C. 1131 et seq.). If renewal is not con- court for Harney County, Oregon. retary shall provide the advisory council sistent with the Wilderness Act, the Sec- (2) Two persons who are grazing permittees with necessary administrative support and retary shall seek other opportunities for the on Federal lands in the Cooperative Manage- shall designate an appropriate officer of the

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20684 CONGRESSIONAL RECORD—HOUSE October 4, 2000 Bureau of Land Management to serve as the private lands within the boundaries of the and Scenic Rivers Act (16 U.S.C. 1274(a)) is Secretary’s liaison to the council. Wilderness Area, as provided in section amended by adding at the end the following (g) STATE LIAISON.—The Secretary shall 112(d). new paragraph: appoint one person, nominated by the Gov- (d) GRAZING.— ‘‘(ll) WILDHORSE AND KIGER CREEKS, OR- ernor of Oregon, to serve as the State gov- (1) ADMINISTRATION.—Except as provided in EGON.—The following segments in the Steens ernment liaison to the advisory council. section 113(e)(2), grazing of livestock shall be Mountain Cooperative Management and Pro- (h) APPLICABLE LAW.—The advisory com- administered in accordance with the provi- tection Area in the State of Oregon, to be ad- mittee shall be subject to the Federal Land sion of section 4(d)(4) of the Wilderness Act ministered by the Secretary of the Interior Policy and Management Act of 1976 (43 (16 U.S.C. 1133(d)(4)), in accordance with the as wild rivers: U.S.C. 1701 et seq.) and the Federal Advisory provisions of this Act, and in accordance ‘‘(A) The 2.6-mile segment of Little Committee Act (5 U.S.C. App.). with the guidelines set forth in Appendices A Wildhorse Creek from its headwaters to its SEC. 132. ADVISORY ROLE IN MANAGEMENT AC- and B of House Report 101–405 of the 101st confluence with Wildhorse Creek. TIVITIES. Congress. ‘‘(B) The 7.0-mile segment of Wildhorse (a) MANAGEMENT RECOMMENDATIONS.—The (2) RETIREMENT OF CERTAIN PERMITS.—The Creek from its headwaters, and including .36 advisory committee shall utilize sound Secretary shall permanently retire all graz- stream miles into section 34, township 34 science, existing plans for the management ing permits applicable to certain lands in the south, range 33 east. of Federal lands included in the Cooperative Wilderness Area, as depicted on the map re- ‘‘(C) The approximately 4.25-mile segment Management and Protection Area, and other ferred to in section 101(a), and livestock shall of Kiger Creek from its headwaters to the tools to formulate recommendations for the be excluded from these lands. point at which it leaves the Steens Mountain Secretary regarding— SEC. 203. WATER RIGHTS. Wilderness Area within the Steens Mountain (1) new and unique approaches to the man- Nothing in this Act shall constitute an ex- Cooperative Management and Protection agement of lands within the boundaries of press or implied claim or denial on the part Area.’’. ANAGEMENT.—Where management re- the Cooperative Management and Protection of the Federal Government as to exemption (c) M quirements for a stream segment described Area; and from State water laws. in the amendments made by this section dif- (2) cooperative programs and incentives for SEC. 204. TREATMENT OF WILDERNESS STUDY fer between the Wild and Scenic Rivers Act seamless landscape management that meets AREAS. (16 U.S.C. 1271 et seq.) and the Wilderness human needs and maintains and improves (a) STATUS UNAFFECTED.—Except as pro- Area, the more restrictive requirements the ecological and economic integrity of the vided in section 502, any wilderness study shall apply. Cooperative Management and Protection area, or portion of a wilderness study area, within the boundaries of the Cooperative SEC. 302. DONNER UND BlITZEN RIVER REDBAND Area. Management and Protection Area, but not TROUT RESERVE. (b) PREPARATION OF MANAGEMENT PLAN.— included in the Wilderness Area, shall re- (a) FINDINGS.—The Congress finds the fol- The Secretary shall consult with the advi- main a wilderness study area notwith- lowing: sory committee as part of the preparation standing the enactment of this Act. (1) Those portions of the Donner und and implementation of the management (b) MANAGEMENT.—The wilderness study Blitzen River in the Wilderness Area are an plan. areas referred to in subsection (a) shall con- exceptional environmental resource that (c) SUBMISSION OF RECOMMENDATIONS.—No tinue to be managed under section 603(c) of provides habitat for unique populations of recommendations may be presented to the the Federal Land Policy and Management native fish, migratory waterfowl, and other Secretary by the advisory council without Act of 1976 (43 U.S.C. 1782(c)) in a manner so wildlife resources, including a unique popu- the agreement of at least nine members of as not to impair the suitability of the areas lation of redband trout. the advisory council. for preservation as wilderness. (2) Redband trout represent a unique nat- SEC. 133. SCIENCE COMMITTEE. (c) EXPANSION OF BASQUE HILLS WILDER- ural history reflecting the Pleistocene con- The Secretary shall appoint, as needed or NESS STUDY AREA.—The boundaries of the nection between the lake basins of eastern at the request of the advisory council, a Basque Hills Wilderness Study Area are here- Oregon and the Snake and Columbia Rivers. team of respected, knowledgeable, and di- by expanded to include the Federal lands (b) DESIGNATION OF RESERVE.—The Sec- verse scientists to provide advice on ques- within sections 8, 16, 17, 21, 22, and 27 of retary shall designate the Donner und tions relating to the management of the Co- township 36 south, range 31 east, Willamette Blitzen Redband Trout Reserve consisting of operative Management and Protection Area Meridian. These lands shall be managed the Donner und Blitzen River in the Wilder- to the Secretary and the advisory council. under section 603(c) of the Federal Lands ness Area above its confluence with Fish The Secretary shall seek the advice of the Policy and Management Act of 1976 (43 Creek and the Federal riparian lands imme- advisory council in making these appoint- U.S.C. 1782(c)) to protect and enhance the diately adjacent to the river. ments. wilderness values of these lands. (c) RESERVE PURPOSES.—The purposes of TITLE II—STEENS MOUNTAIN TITLE III—WILD AND SCENIC RIVERS AND the Redband Trout Reserve are— WILDERNESS AREA TROUT RESERVE (1) to conserve, protect, and enhance the SEC. 301. DESIGNATION OF STREAMS FOR WILD Donner und Blitzen River population of SEC. 201. DESIGNATION OF STEENS MOUNTAIN AND SCENIC RIVER STATUS IN redband trout and the unique ecosystem of WILDERNESS AREA. STEENS MOUNTAIN AREA. plants, fish, and wildlife of a river system; The Federal lands in the Cooperative Man- (a) EXPANSION OF DONNER UND BLITZEN and agement and Protection Area depicted as WILD RIVER.—Section 3(a)(74) of the Wild and (2) to provide opportunities for scientific wilderness on the map entitled ‘‘Steens Scenic Rivers Act (16 U.S.C. 1274(a)(74)) is research, environmental education, and fish Mountain Wilderness Area’’ and dated Sep- amended— and wildlife oriented recreation and access tember 18, 2000, are hereby designated as wil- (1) by striking ‘‘the’’ at the beginning of to the extent compatible with paragraph (1). derness and therefore as a component of the each subparagraph and inserting ‘‘The’’; (d) EXCLUSION OF PRIVATE LANDS.—The National Wilderness Preservation System. (2) by striking the semicolon at the end of Redband Trout Reserve does not include any The wilderness area shall be known as the subparagraphs (A), (B), (C), and (D) and in- private lands adjacent to the Donner und Steens Mountain Wilderness Area. serting a period; Blitzen River or its tributaries. SEC. 202. ADMINISTRATION OF WILDERNESS (3) by striking ‘‘; and’’ at the end of sub- (e) ADMINISTRATION.— AREA. paragraph (E) and inserting a period; and (1) IN GENERAL.—The Secretary shall ad- (a) GENERAL RULE.—The Secretary shall (4) by adding at the end the following new minister all lands, waters, and interests administer the Wilderness Area in accord- subparagraphs: therein in the Redband Trout Reserve con- ance with this title and the Wilderness Act ‘‘(G) The 5.1 mile segment of Mud Creek sistent with the Wilderness Act (16 U.S.C. (16 U.S.C. 1131 et seq.). Any reference in the from its confluence with an unnamed spring 1131 et seq.) and the Wild and Scenic Rivers Wilderness Act to the effective date of that in the SW1⁄4SE1⁄4 of section 32, township 33 Act (16 U.S.C. 1271 et seq.). Act (or any similar reference) shall be south, range 33 east, to its confluence with (2) CONSULTATION.—In administering the deemed to be a reference to the date of the the Donner und Blitzen River. Redband Trout Reserve, the Secretary shall enactment of this Act. ‘‘(H) The 8.1 mile segment of Ankle Creek consult with the advisory council and co- (b) WILDERNESS BOUNDARIES ALONG from its headwaters to its confluence with operate with the Oregon Department of Fish ROADS.—Where a wilderness boundary exists the Donner und Blitzen River. and Wildlife. along a road, the wilderness boundary shall ‘‘(I) The 1.6 mile segment of the South (3) RELATION TO RECREATION.—To the ex- be set back from the centerline of the road, Fork of Ankle Creek from its confluence tent consistent with applicable law, the Sec- consistent with the Bureau of Land Manage- with an unnamed tributary in the SE1⁄4SE1⁄4 retary shall manage recreational activities ment’s guidelines as established in its Wil- of section 17, township 34 south, range 33 in the Redband Trout Reserve in a manner derness Management Policy. east, to its confluence with Ankle Creek.’’. that conserves the unique population of (c) ACCESS TO NON-FEDERAL LANDS.—The (b) DESIGNATION OF WILDHORSE AND KIGER redband trout native to the Donner und Secretary shall provide reasonable access to CREEKS, OREGON.—Section 3(a) of the Wild Blitzen River.

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(4) REMOVAL OF DAM.—The Secretary shall (c) AUTHORIZATION OF APPROPRIATIONS.—In the disbursement referred to in paragraph remove the dam located below the mouth of addition to the authorization of appropria- (3), C. M. Otley shall convey to the Secretary Fish Creek and above Page Springs if re- tions in section 701, there is authorized to be a parcel of land in the headwaters of Kiger moval of the dam is scientifically justified appropriated $5,000,000 to carry out this title gorge consisting of approximately 851 acres, and funds are available for such purpose. and section 113(c) regarding juniper manage- as depicted on the map referred to in section (f) OUTREACH AND EDUCATION.—The Sec- ment in the Cooperative Management and 605(a), for inclusion in the Wilderness Area retary may work with, provide technical as- Protection Area. and the no livestock grazing area as appro- sistance to, provide community outreach and SEC. 502. RELEASE FROM WILDERNESS STUDY priate. education programs for or with, or enter into AREA STATUS. (3) DISBURSEMENT.—Upon completion of cooperative agreements with private land- The Federal lands included in the the land exchange authorized by this sub- owners, State and local governments or Wildlands Juniper Management Area estab- section, the Secretary is authorized to make agencies, and conservation organizations to lished under section 501 are no longer subject a disbursement to C.M. Otley, in the amount further the purposes of the Redband Trout to the requirement of section 603(c) of the of $920,000. Reserve. Federal Land Policy and Management Act of (b) OTLEY BROTHERS EXCHANGE.— TITLE IV—MINERAL WITHDRAWAL AREA 1976 (43 U.S.C. 1782(c)) pertaining to man- (1) EXCHANGE AUTHORIZED.—For the pur- aging the lands so as not to impair the suit- pose of protecting and consolidating Federal SEC. 401. DESIGNATION OF MINERAL WITH- ability of the lands for preservation as wil- lands within the Cooperative Management DRAWAL AREA. derness. and Protection Area, the Secretary may (a) DESIGNATION.—Subject to valid existing carry out a land exchange with the Otley rights, the Federal lands and interests in TITLE VI—LAND EXCHANGES Brother’s, Inc., to convey all right, title, and lands included within the withdrawal bound- SEC. 601. LAND EXCHANGE, ROARING SPRINGS interest of the United States in and to cer- ary as depicted on the map referred to in sec- RANCH. tain parcels of land under the jurisdiction of tion 101(a) are hereby withdrawn from— (a) EXCHANGE AUTHORIZED.—For the pur- the Bureau of Land Management in the vi- (1) location, entry and patent under the pose of protecting and consolidating Federal cinity of Steens Mountain, Oregon, as de- mining laws; and, lands within the Cooperative Management picted on the map referred to in section (2) operation of the mineral leasing and and Protection Area, the Secretary may 605(a), consisting of a total of approximately geothermal leasing laws and from the min- carry out a land exchange with Roaring 6,881 acres in exchange for the private lands erals materials laws and all amendments Springs Ranch, Incorporated, to convey all described in paragraph (2). thereto except as specified in subsection (b). right, title, and interest of the United States (2) RECEIPT OF NON-FEDERAL LANDS.—As (b) ROAD MAINTENANCE.—If consistent with in and to certain parcels of land under the consideration for the conveyance of the Fed- the purposes of this Act and the manage- jurisdiction of the Bureau of Land Manage- eral lands referred to in paragraph (1) and ment plan for the Cooperative Management ment in the vicinity of Steens Mountain, Or- the disbursement referred to in subsection and Protection Area, the Secretary may per- egon, as depicted on the map referred to in (3), the Otley Brother’s, Inc., shall convey to mit the development of saleable mineral re- section 605(a), consisting of a total of ap- the Secretary a parcel of land in the head- sources, for road maintenance use only, in proximately 76,374 acres in exchange for the waters of Kiger gorge consisting of approxi- those locations identified on the map re- private lands described in subsection (b). mately 505 acres, as depicted on the map re- ferred to in section 101(a) as an existing (b) RECEIPT OF NON-FEDERAL LANDS.—As ferred to in section 605(a), for inclusion in ‘‘gravel pit’’ within the mineral withdrawal consideration for the conveyance of the Fed- the Wilderness Area and the no livestock boundaries (excluding the Wilderness Area, eral lands referred to in subsection (a) and grazing area as appropriate. wilderness study areas, and designated seg- the disbursement referred to in subsection (3) DISBURSEMENT.—Upon completion of ments of the National Wild and Scenic Riv- (d), Roaring Springs Ranch, Incorporated, the land exchange authorized by this sub- ers System) where such development was au- shall convey to the Secretary parcels of land section, the Secretary is authorized to make thorized before the date of enactment of this consisting of approximately 10,909 acres, as a disbursement to Otley Brother’s, Inc., in Act. depicted on the map referred to in section 605(a), for inclusion in the Wilderness Area, a the amount of $400,000. SEC. 402. TREATMENT OF STATE LANDS AND MIN- (c) COMPLETION OF CONVEYANCE.—The Sec- ERAL INTERESTS. wilderness study area, and the no livestock grazing area as appropriate. retary shall complete the conveyances of the (a) ACQUISITION REQUIRED.—The Secretary Federal lands under subsections (a) and (b) shall acquire, for approximately equal value (c) TREATMENT OF GRAZING.—Paragraphs (2) and (3) of section 113(e), relating to the ef- within 70 days after the Secretary accepts and as agreed to by the Secretary and the the lands described in such subsections. State of Oregon, lands and interests in lands fect of the cancellation in part of grazing owned by the State within the boundaries of permits for the South Steens allotment in SEC. 603. LAND EXCHANGE, TOM J. DAVIS LIVE- STOCK, INCORPORATED. the mineral withdrawal area designated pur- the Wilderness Area and reassignment of use (a) EXCHANGE AUTHORIZED.—For the pur- suant to section 401. areas as described in paragraph (3)(C) of such section, shall apply to the land exchange au- pose of protecting and consolidating Federal (b) ACQUISITION METHODS.—The Secretary lands within the Wilderness Area, the Sec- shall acquire such State lands and interests thorized by this section. (d) DISBURSEMENT.—Upon completion of retary may carry out a land exchange with in lands in exchange for— the land exchange authorized by this section, Tom J. Davis Livestock, Incorporated, to (1) Federal lands or Federal mineral inter- the Secretary is authorized to make a dis- convey all right, title, and interest of the ests that are outside the boundaries of the bursement to Roaring Springs Ranch, Incor- United States in and to certain parcels of mineral withdrawal area; porated, in the amount of $2,889,000. land under the jurisdiction of the Bureau of (2) a monetary payment to the State; or (e) COMPLETION OF CONVEYANCE.—The Sec- Land Management in the vicinity of Steens (3) a combination of a conveyance under retary shall complete the conveyance of the Mountain, Oregon, as depicted on the map paragraph (1) and a monetary payment under Federal lands under subsection (a) within 70 referred to in section 605(a), consisting of a paragraph (2). days after the Secretary accepts the lands total of approximately 5,340 acres in ex- TITLE V—ESTABLISHMENT OF described in subsection (b). change for the private lands described in sub- WILDLANDS JUNIPER MANAGEMENT SEC. 602. LAND EXCHANGES, C.M. OTLEY AND section (b). AREA OTLEY BROTHERS. (b) RECEIPT OF NON-FEDERAL LANDS.—As SEC. 501. WILDLANDS JUNIPER MANAGEMENT (a) C. M. OTLEY EXCHANGE.— consideration for the conveyance of the Fed- AREA. (1) EXCHANGE AUTHORIZED.—For the pur- eral lands referred to in subsection (a) and (a) ESTABLISHMENT.—To further the pur- pose of protecting and consolidating Federal the disbursement referred to in subsection poses of section 113(c), the Secretary shall lands within the Cooperative Management (c), Tom J. Davis Livestock, Incorporated, establish a special management area con- and Protection Area, the Secretary may shall convey to the Secretary a parcel of sisting of certain Federal lands in the Coop- carry out a land exchange with C. M. Otley land consisting of approximately 5,103 acres, erative Management and Protection Area, as to convey all right, title, and interest of the as depicted on the map referred to in section depicted on the map referred to in section United States in and to certain parcels of 605(a), for inclusion in the Wilderness Area. 101(a), which shall be known as the Wildlands land under the jurisdiction of the Bureau of (c) DISBURSEMENT.—Upon completion of Juniper Management Area. Land Management in the vicinity of Steens the land exchange authorized by this section, (b) MANAGEMENT.—Special management Mountain, Oregon, as depicted on the map the Secretary is authorized to make a dis- practices shall be adopted for the Wildlands referred to in section 605(a), consisting of a bursement to Tom J. Davis Livestock, Incor- Juniper Management Area for the purposes total of approximately 3,845 acres in ex- porated, in the amount of $800,000. of experimentation, education, interpreta- change for the private lands described in (d) COMPLETION OF CONVEYANCE.—The Sec- tion, and demonstration of active and pas- paragraph (2). retary shall complete the conveyance of the sive management intended to restore the his- (2) RECEIPT OF NON-FEDERAL LANDS.—As Federal lands under subsection (a) within 70 toric fire regime and native vegetation com- consideration for the conveyance of the Fed- days after the Secretary accepts the lands munities on Steens Mountain. eral lands referred to in paragraph (1) and described in subsection (b).

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20686 CONGRESSIONAL RECORD—HOUSE October 4, 2000 SEC. 604. LAND EXCHANGE, LOWTHER (CLEMENS) SEC. 702. USE OF LAND AND WATER CONSERVA- b 1300 RANCH. TION FUND. (a) EXCHANGE AUTHORIZED.—For the pur- (a) AVAILABILITY OF FUND.—There are au- APPOINTMENT OF CONFEREES ON pose of protecting and consolidating Federal thorized to be appropriated $25,000,000 from H.R. 820, COAST GUARD AUTHOR- lands within the Cooperative Management the land and water conservation fund estab- IZATION ACT OF 1999 and Protection Area, the Secretary may lished under section 2 of the Land and Water Mr. GILCHREST. Madam Speaker, carry out a land exchange with the Lowther Conservation Fund Act of 1965 (16 U.S.C. 460l– pursuant to clause 1 of rule XXII and (Clemens) Ranch to convey all right, title, 5) to provide funds for the acquisition of land and interest of the United States in and to and interests in land under section 114 and to by direction of the Committee on certain parcels of land under the jurisdiction enter into nondevelopment easements and Transportation and Infrastructure, I of the Bureau of Land Management in the vi- conservation easements under subsections move to take from the Speaker’s table cinity of Steens Mountain, Oregon, as de- (b) and (c) of section 122. the bill (H.R. 820) to authorize appro- picted on the map referred to in section (b) TERM OF USE.—Amounts appropriated priations for fiscal years 2000 and 2001 605(a), consisting of a total of approximately pursuant to the authorization of appropria- for the Coast Guard, and for other pur- 11,796 acres in exchange for the private lands tions in subsection (a) shall remain available poses, with a Senate amendment there- described in subsection (b). until expended. (b) RECEIPT OF NON-FEDERAL LANDS.—As to, disagree to the Senate amendment consideration for the conveyance of the Fed- The CHAIRMAN. During consider- and agree to the conference asked by eral lands referred to in subsection (a) and ation of the bill for amendment, the the Senate. the disbursement referred to in subsection Chair may accord priority in recogni- The SPEAKER pro tempore (Mrs. (d), the Lowther (Clemens) Ranch shall con- tion to a Member offering an amend- BIGGERT). The question is on the mo- vey to the Secretary a parcel of land con- ment that he has printed in the des- tion offered by the gentleman from sisting of approximately 1,078 acres, as de- ignated place in the CONGRESSIONAL Maryland (Mr. GILCHREST). picted on the map referred to in section RECORD. Those amendments will be The motion was agreed to. 605(a), for inclusion in the Cooperative Man- The SPEAKER pro tempore. Without agement and Protection Area. considered read. objection, the Chair appoints the fol- (c) TREATMENT OF GRAZING.—Paragraphs The Chairman of the Committee of (2) and (3) of section 113(e), relating to the ef- the Whole may postpone a request for a lowing conferees: Messrs. SHUSTER, fect of the cancellation in whole of the graz- recorded vote on any amendment and YOUNG of Alaska, GILCHREST, DEFAZIO, ing permit for the Fish Creek/Big Indian al- may reduce to a minimum of 5 minutes and BAIRD. lotment in the Wilderness Area and reassign- the time for voting on any postponed There was no objection. ment of use areas as described in paragraph f (3)(D) of such section, shall apply to the land question that immediately follows an- exchange authorized by this section. other vote, provided that the time for APPOINTMENT OF CONFEREES ON (d) DISBURSEMENT.—Upon completion of voting on the first question shall be a S. 835, ESTUARY HABITAT AND the land exchange authorized by this section, minimum of 15 minutes. CHESAPEAKE BAY RESTORATION the Secretary is authorized to make a dis- Are there any amendments? ACT OF 2000 bursement to Lowther (Clemens) Ranch, in If not, the question is on the amend- the amount of $148,000. The SPEAKER pro tempore. Without ment in the nature of a substitute. (e) COMPLETION OF CONVEYANCE.—The Sec- objection, the Chair appoints the fol- retary shall complete the conveyance of the The amendment in the nature of a lowing conferees on the Senate bill (S. Federal lands under subsection (a) within 70 substitute was agreed to. 835) to encourage the restoration of es- days after the Secretary accepts the lands The CHAIRMAN. Under the rule, the tuary habitat through more efficient described in subsection (b). Committee rises. project financing and enhanced coordi- SEC. 605. GENERAL PROVISIONS APPLICABLE TO Accordingly, the Committee rose; nation of Federal and non-Federal res- LAND EXCHANGES. toration programs, and for other pur- (a) MAP.—The land conveyances described and the Speaker pro tempore (Mr. in this title are generally depicted on the KNOLLENBERG) having assumed the poses: map entitled ‘‘Steens Mountain Land Ex- chair, Mrs. BIGGERT, Chairman of the Messrs. SHUSTER, YOUNG of Alaska, changes’’ and dated September 18, 2000. Committee of the Whole House on the BOEHLERT, and GILCHREST, Mrs. (b) APPLICABLE LAW.—Except as otherwise State of the Union, reported that that FOWLER, and Messrs. SHERWOOD, provided in this section, the exchange of Committee, having had under consider- SWEENEY, KUYKENDALL, VITTER, OBER- Federal land under this title is subject to the ation the bill (H.R. 4828), to designate STAR, BORSKI, BARCIA, FILNER, TAYLOR existing laws and regulations applicable to of Mississippi, BLUMENAUER, and the conveyance and acquisition of land under wilderness areas and a cooperative the jurisdiction of the Bureau of Land Man- management and protection area in the BALDACCI. agement. It is anticipated that the Secretary vicinity of Steens Mountain in Harney There was no objection. will be able to carry out such land exchanges County, Oregon, and for other pur- f without the promulgation of additional regu- poses, pursuant to House Resolution APPOINTMENT OF CONFEREES ON lations and without regard to the notice and 609, she reported the bill back to the comment provisions of section 553 of title 5, H.R. 4392, INTELLIGENCE AU- House with an amendment adopted by THORIZATION ACT FOR FISCAL United States Code. the Committee of the Whole. (c) CONDITIONS ON ACCEPTANCE.—Title to YEAR 2001 The SPEAKER pro tempore. Under the non-Federal lands to be conveyed under Mr. GOSS. Madam Speaker, I ask the rule, the previous question is or- this title must be acceptable to the Sec- unanimous consent to take from the dered. retary, and the conveyances shall be subject Speaker’s table the bill (H.R. 4392) to to valid existing rights of record. The non- The question is on the amendment in Federal lands shall conform with the title authorize appropriations for fiscal year the nature of a substitute. 2001 for intelligence and intelligence- approval standards applicable to Federal The amendment in the nature of a land acquisitions. related activities of the United States (d) LEGAL DESCRIPTIONS.—The exact acre- substitute was agreed to. Government, the Community Manage- age and legal description of all lands to be The bill was ordered to be engrossed ment Account, and the Central Intel- exchanged under this title shall be deter- and read a third time, was read the ligence Agency Retirement and Dis- mined by surveys satisfactory to the Sec- third time, and passed. ability System, and for other purposes, retary. The costs of any such survey, as well The title of the bill was amended so with a Senate amendment thereto, dis- as other administrative costs incurred to as to read: ‘‘A bill to designate the execute a land exchange under this title, agree to the Senate amendment, and shall be borne by the Secretary. Steens Mountain Wilderness Area and agree to the conference asked by the the Steens Mountain Cooperative Man- TITLE VII—FUNDING AUTHORITIES Senate. agement and Protection Area in Har- The SPEAKER pro tempore. Is there SEC. 701. AUTHORIZATION OF APPROPRIATIONS. ney County, Oregon, and for other pur- Except as provided in sections 501(c) and objection to the request of the gen- 702, there is hereby authorized to be appro- poses.’’. tleman from Florida? The Chair hears priated such sums as may be necessary to A motion to reconsider was laid on none and, without objection, appoints carry out this Act. the table. the following conferees:

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20687 From the Permanent Select Com- House, a fact which many friends, Against students in math and science mittee on Intelligence for consider- many of my Democrat friends on the in 21 of our industrialized peers around ation of the House bill and the Senate other side of the aisle, cannot seem to the world, we rank near the bottom. amendment, and modifications com- come to grips with, and choose to ig- Out of those 21 countries, we are num- mitted to conference: nore the reality of that. ber 19, 19. It is unacceptable. Messrs. GOSS, LEWIS of California, Not all spending in the Department So we ask, what are they doing with MCCOLLUM, CASTLE, BOEHLERT, BASS, of Education is good, just because we all the money? Why do we continue to GIBBONS, and LAHOOD, Mrs. WILSON, support education. I say that because rank lower and lower when compared Mr. DIXON, Ms. PELOSI, and Messrs. of the failure to achieve our ultimate to our international peers, yet we keep BISHOP, SISISKY, CONDIT, ROEMER, and goal in education funding. Our ulti- spending more and more in Washington HASTINGS of Florida. mate goal where education funding is on the Federal education bureaucracy? From the Committee on Armed Serv- concerned is to get dollars to the class- There seems to be some problem. ices for consideration of defense tac- room, to get the money that the Amer- So we started looking at the money. tical intelligence and related activi- ican people send to Washington and ex- We asked some fundamental questions ties: pect us to appropriate responsibly to about how the past dollars were spent. To our horror, we discovered that in Messrs. SPENCE, STUMP, and SKELTON. the children who need it most. That is 1998, the Department of Education There was no objection. our goal. That is our mission. could not tell us how they spent and f Unfortunately, that does not happen to the extent we would like. I am sorry how they managed their $120 billion SPECIAL ORDERS to say that the United States Depart- agency. They could not tell us. See, the Congress requires every Fed- The SPEAKER pro tempore (Mr. ment of Education, despite the best of eral agency to conduct audits of their OSE). Under the Speaker’s announced intentions, despite the wonderful mis- financial activities and to rely those policy of January 6, 1999, and under a sion statement that is printed on their audits to the Congress, which we re- previous order of the House, the fol- brochure and beneath their seal that view and consider at the time when we lowing Members will be recognized for Members will find just down the road appropriate more money. So various 5 minutes each. here at the several Education Depart- Federal agencies sent their audits back f ment office buildings and headquarters, to the Congress. wastes too much money on waste, EDUCATION IN AMERICA Most Federal agencies did not do fraud, and abuse. Money has been sto- very well. Their books were not kept in The SPEAKER pro tempore. Under len right out from underneath the a way that meets reasonable standards the Speaker’s announced policy of Jan- noses of the Department of Education for accountability. But in the case of uary 6, 1999, the gentleman from Colo- budget managers. the Department of Education, it was rado (Mr. SCHAFFER) is recognized for I want to talk about some of those worse than that, Mr. Speaker. In 1998, 60 minutes as the designee of the ma- examples, because before we begin the the United States Department of Edu- jority leader. process of trying to streamline the cation managed its books so poorly Mr. SCHAFFER. Mr. Speaker, for the Federal government, trying to reorient that it could not even audit the books. next hour I will be joined by at least ourselves and the way we spend money When I say the word ‘‘managed,’’ one other of our colleagues and perhaps on children and the education process, that is being generous. In reality, the others who are making their way to we need to understand what the fail- Department of Education in 1998 mis- the floor to talk about the important ures are at the Department of Edu- managed its books so severely that issue of education in America, and spe- cation today. when the audit was required, the audi- cifically, the work that is being under- As I mentioned, out of an agency tors, outside auditors in Ernst & taken by the Republican majority in that manages about $120 billion a year, Young, came back to the Congress and the Committee on Education and the we see too much of it squandered. said, we cannot even do the audit, it is Workforce. Again, about $40 billion of it is appro- that bad. A $120 billion agency cannot It is the number one topic that vot- priated annually through this Con- audit its books. The books were ers tell us they care about, and with gress. The rest is managed through the unauditable. good reason. Education is essential and loan portfolio, student loans that are In 1999, things got slightly better. fundamental to the maintenance of our managed by the United States Depart- The Department was able to audit its Republic. It is virtually impossible in a ment of Education. books, which gave us a better idea of Nation that is devised on a philosophy In total, it comes out to about $120 how it accounts for its money. It re- where the people hold the power and billion, making this agency one of the ceived the poorest grade possible on loan that authority to politicians at largest financial institutions in the that financial audit. There were huge election time to have a nation made up United States, and certainly one of the discrepancies on the order of hundreds of an unwise electorate. largest financial institutions in the of millions of dollars that were mis- Of course, being educated liberally in world. With that much money, we placed, that were put in the wrong ac- the education of our history, of polit- should spend an inordinate amount of counts. We found a grant-back account, as it ical philosophy, economics, science, time, in my opinion, making sure those is called, where the U.S. Department of math, and all the rest is absolutely es- dollars are spent properly and cor- Education sends a check to various sential in maintaining our presence in rectly. vendors around the country and grant the world and on this planet as the What really turned us on to this recipients, universities, mainly. At the world’s freest democracy and the na- project was our efforts on the Sub- Department they send not one check, tion with the most economic oppor- committee on Oversight and Investiga- often they send two checks. They have tunity in the world. tions, under the leadership of the gen- to set up an account to receive the sec- With that in mind, we have begun the tleman from Michigan (Mr. HOEKSTRA). ond check back. process of looking at the United States Our efforts were focused on spending. The receipt of that check is usually Department of Education, an agency We wanted to go back to the Depart- predicated on a conscientious univer- that spends and manages on the order ment of Education and ask, what did sity somewhere recognizing the error, of $120 billion per year. they do with the money we appro- recognizing that they received two Now, about $40 billion of that is an- priated last year? identical checks for the same expendi- nual appropriations, and that level of On a number of indicators, it is un- ture, and sending one back. funding increases pretty dramatically fortunate that we see the quality of every year, and has increased even education declining, borne out by the b 1315 more dramatically now that Repub- comparisons of our students in the If they fail to do that, it could take licans have taken over control of the United States in math and science. years before the U.S. Department of

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Education ever gets around to finding of Education was processing their FER) made a good point, and that is the error and recovering the money. checks and their payments in 1999, that what we have talked about for When we looked last at that grant they said in the audit report that there some time is getting the Federal edu- back account, it had a balance of about is no integrity in the process; that in- cation dollar, in other words, the dol- $750 million. Now, these are funds that dividuals within the process had too lars the taxpayers of this country pay the Department could not really tell us much latitude and too many respon- that goes into Washington to support where they came from, they were not sibilities so that perhaps the same per- education, back into the classroom and sure where they were supposed to be, son entering the data would have the keep it from being lost in the Wash- and they were unclear as to the status opportunity to change the data and ington bureaucracy. of those funds at the time we were those types of things. It appears that There is a perfect example of why we there and where they should be prop- may be exactly what happened in this have to do that. We look at what hap- erly held. Since that investigation, the case. But it was brought out in the 1999 pened, let us me just retell the story balance of that fund has been dropped audit. very briefly here because I think this down. But the Department, to this day, So what we find is they failed the paints a picture about what happened continues to crank out duplicate 1998 audit. They failed their 1999 audit. in South Dakota. One has got a school checks and duplicate payments. The Specifically in the 1999 audit, they that is waiting for its money, con- Department does not have sufficient raise questions about the integrity of tacted the Department of Education. controls either to catch these errors. the way that Impact Aid funds are dis- The Department could not find the What we have discovered is that sys- tributed. Then we end up with the gen- money, so it cut them a brand-new tem of poorly managed, of errant ac- tleman from South Dakota (Mr. check. counting creates an environment where THUNE) here and a couple of school dis- Meanwhile, back at the ranch, as waste, fraud and abuse are actually en- tricts in his State not getting their Im- they say, two men are trying to buy a couraged, not officially encouraged, pact Aid funds. Why? Precisely the rea- Corvette in the State of Maryland. but tacitly encouraged. son that was identified in the 1999 They fail a background check and the Let me give my colleagues an exam- audit. dealer decides to call the FBI. The FBI, ple that involves the State of South So even when these things are high- of course, investigates and finds that $2 Dakota, and I see the gentleman from lighted and specifically highlighted million in Federal education dollars in- Michigan (Mr. HOEKSTRA), chairman of within the audit reports, the Depart- tended for two rural school districts in the Subcommittee on Oversight and In- ment of Education has demonstrated South Dakota have been diverted into vestigations, here as well as the gen- an inability or a callousness to actu- private bank accounts in Maryland and tleman from South Dakota (Mr. ally making the changes and respond- were used to buy luxury SUVs and a THUNE) who represents the two school ing to the auditors. house. districts that are in question. Mr. SCHAFFER. Mr. Speaker, we on Now, the Department of Education It seems that some money called Im- the Republican side of the aisle are has an enormous budget in relative pact Aid funds was supposed to be very, very serious about getting dollars terms, I think in direct expenditures wired from the U.S. Department of to the classroom, and it does not al- somewhere around a little under $40 Education to its intended recipients in ways mean we have to spend more. billion a year. If we add all the student South Dakota, two schools. But some- What it does mean, though, is that we loans and other things that are proc- where along the line, the security sys- have to be smarter and wiser. We need essed there as much as $120 billion ac- tem was breached, and somebody to be more vigilant when it comes to tually goes through the Department of rekeyed in the account codes of the streamlining the Department of Edu- Education. Two million dollars, with schools in South Dakota, that effec- cation so that we can be more efficient an ‘‘M,’’ $2 million may not seem like tively the Federal money, $2 million and squeeze more value out of every a lot to them, but it means a lot to the worth, was wired, stolen, and diverted dollar that we spend. kids and the teachers in those two into private accounts. Now, we care about this across the schools. Mr. HOEKSTRA. Mr. Speaker, will spectrum of the Republican majority Let me just very briefly talk about the gentleman yield? because we care about children, and we Wagner, South Dakota. That was one Mr. SCHAFFER. I yield to the gen- want the hard-earned dollars of the of the schools whose money was mys- tleman from Michigan to elaborate fur- American people going to the most im- teriously lost by the Department of ther on that story. portant priority in our Nation. But it Education. Wagner is a small town, Mr. HOEKSTRA. Mr. Speaker, I matters even more when one is the population 1,462, about a 2-hour drive mean, when we think about this proc- Congressman who represents the chil- from the largest city in South Dakota. ess and we got involved in this issue, dren who have been defrauded in the Now, there are about 780 K through 12 when the Department of Education case that we just mentioned of $2 mil- students in the town of Wagner, and failed its 1998 audit, which means the lion for some of the poorest school dis- they rely heavily on Federal education auditors came in and said the way that tricts in one’s constituency. Of course I dollars because many of the students, the numbers are reported in their fi- am speaking of the gentleman from over 50 percent in fact, live on the nancial statements, we have taken a South Dakota (Mr. THUNE) who is here, nearby Indian reservation. look at their internal processes and and I yield to him to tell us what this Now, when Wagner does not get its procedures, and there is not a clear in- means back home in South Dakota for Federal education dollars, there are dication or there is not a high degree of him and his constituents. very real consequences. This year, confidence that the numbers that they Mr. THUNE. Mr. Speaker, I thank using Federal Impact Aid dollars, are reporting accurately reflect what the gentleman from Colorado (Mr. which is the program that we are dis- happened within the Department of SCHAFFER) and the gentleman from cussing here at this point, Wagner is Education. They did the same thing for Michigan (Mr. HOEKSTRA) as well for expanding the kindergarten program, 1999. They put some qualifications on the great leadership that they have adding chemistry and sociology classes it. The Department of Education made taken from discovering and examining in the high school, and hiring four new some progress. and reviewing Federal budgets, and teachers this year. Real fraud means The interesting thing in the 1999 particularly in this case the Federal real pain to real students. audit, which bears directly on the Im- Department of Education, to deter- Now, some of the students at Wagner pact Aid that the gentleman just mining what in fact is going wrong High School sent me a letter, and I brought up is that, in the 1999 audit over there, why are we failing audits would like to read it for my colleagues. statement, which came out earlier in and uncovering a lot of these issues. Interestingly enough, this was written the year 2000, but it was as they were Mr. Speaker, I just think that the to the car dealer in Maryland who blew taking a look at how the Department gentleman from Colorado (Mr. SCHAF- the whistle on this; and had it not been

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20689 for him, we maybe never would have Mr. HOEKSTRA. Mr. Speaker, will costing the constituents of the gen- discovered this, but it is to the car the gentleman yield? tleman from South Dakota (Mr. dealer. The kids at Wagner write this. Mr. SCHAFFER. I am happy to yield THUNE) $2 million. The thieves would It says: ‘‘To the honest car dealer, we to the gentleman from Michigan. have still been carrying on the caper are writing to thank you for being an Mr. HOEKSTRA. Mr. Speaker, here is were it not for, not the Department of honest and aware individual. Your the quote out of the Ernst and Young Education finding this crime, but a awareness has helped solve a crime and report on internal control fiscal year sales agent as at a car dealership. your honesty has helped us to get the 1999 audit of the Department of Edu- I would like to underscore that for a money we have needed for our edu- cation: ‘‘During testing of grant ex- second, just that whole action, because cational programs. The money we re- penditures for the Impact Aid grant we spend $40 million a year in the De- ceived has helped us to build additional program,’’ which is the program that partment of Education on accountants, classroom space for the elementary, affected the school districts of the gen- on auditors, on people who are sup- junior and senior high school. We were tleman from South Dakota (Mr. posed to oversee the financial trans- badly overcrowded, and this extra THUNE), ‘‘which incurred approxi- actions of the Department. Their job, space helps make our daily life so mately $1 billion of expenditures dur- $40 million worth of them, their job is much better. ing fiscal year 1999, we,’’ that is Ernst to make sure this kind of crime does ‘‘The money has also been used to and Young, ‘‘noted that two individ- not take place, to read the audit and provide additional computers and the uals were able to process drawdown re- put the proper controls in place so that educational programs we need so that quests for funds and then subsequently the money gets to the children. we can have the best education pos- approve their own processing of the They were warned. They paid for the sible. You probably have children and drawdown request. Furthermore, we warning. They paid for the expert ad- understand how important getting a noted that several other individuals vice. They ignored the warnings. The good education is. performed incompatible functions in crime took place. Even with $40 million ‘‘For this reason, we are very grate- the processing of Impact Aid payments. worth of auditors and accountants, ful that there are still people in the For example, certain individuals have they still had no idea. It took a sales world who know the difference between the authority to initiate payment re- agent at a car dealership to find the $2 right and wrong and choose right.’’ quests, approve payment requests, and It is signed ‘‘Sincerely, students from million that was stolen from the South subsequently batch the requests and Wagner Community School in Wagner, Dakota schools. authorize payment by the finance de- South Dakota,’’ which I think is a re- That is why I find it so remarkable markable, remarkable letter in that it partment. Inadequate segregation of and gratifying that the children are acknowledges the honesty and integ- duties in sensitive areas such as pay- writing letters to the proper person in rity of the gentleman from Maryland, ment processing can greatly increase this case. It is not the Department that the car dealer who exposed this par- the risk of errors or irregularities.’’ got the money to the classroom, it was ticular incident, brought it to our at- I guess they are using nicer English the conscientious car sales agent at the tention, and has helped us, I think, get here to talk about exactly what went dealership in Maryland, Hyattsville, to the bottom of a lot of other issues on. But I would guess that errors or Maryland if I am not mistaken, who that are occurring at the Department irregularities is transferring the pay- saved the day. of Education. ment from the gentleman’s two school Mr. THUNE. Mr. Speaker, if the gen- I would just simply add, Mr. Speaker, districts in South Dakota and say let tleman will yield, this is one particular and say I think what we are talking us put them into a bank account, into obvious incident that we are looking at about here is making sure that the a personal bank account that we can here today, and it does become some- children of this country have the best use to buy SUVs or a Corvette or pur- what personal because it was school possible education, that they have the chase a house. districts in my State and school dis- highest standards. I think, unfortu- But that is what Ernst and Young tricts that are particularly in need of nately, what happens in Washington is said in 1999 in their financial audit. this support. Impact Aid is a program we tend to dumb down the standards The thing that we find is the Depart- that supports school districts that because it is so big and so bureau- ment of Education does not respond. have a heavy Federal impact in their cratic, and it is easy to lose a few mil- Mr. SCHAFFER. Mr. Speaker, if I school districts, in this case Native lion dollars here and a few million dol- can clarify, Ernst and Young was hired American populations close to reserva- lars there. Pretty soon we are talking by the Department of Education to per- tions. form the audit on the Department’s about real money. b 1330 I am very proud of the school system books, much like many businesses do in South Dakota. I have two daughters around the country today to hire out- But if we extrapolate or expand this, in that school system. But the reason side auditors to come in and give an Impact Aid is just one program. It is a the school system works in South Da- objective perspective. This was an program that has worked very effec- kota is because we have local adminis- audit the Department of Education tively and one program that I have trators, because we have school boards, paid for presumably so they can learn supported wholeheartedly to make sure because we have teachers, because we from the result, not only on the finan- that the resources are there to support have parents who care enough about cial side of the audit, but the perform- our children, but think of all the var- their children’s education to become ance side. ious programs not only throughout the involved. This sort of thing would not What I am hearing the gentleman Department of Education but across all have happened with the local school from Michigan (Mr. HOEKSTRA) say, as of government across this country, and board in South Dakota. what we have heard in the committee the enormous potential for waste, I have to say again I appreciate the before, that the Department of Edu- fraud and abuse. work that both the gentleman from cation actually had predicted, they This is why when we have these Colorado (Mr. SCHAFFER) and the gen- knew. Go ahead; please clarify. broad philosophical debates in Wash- tleman from Michigan (Mr. HOEKSTRA) Mr. HOEKSTRA. Ernst and Young ington about what to do with Federal are doing in exposing some of these sit- predicted. surplus dollars, should we spend it in uations, finding out more about it. The Mr. SCHAFFER. Yes, Mr. Speaker, Washington or should we get it back failed audits in 1998 and 1999 I think Ernst and Young predicted that the De- home, this is exactly why we have to drew attention to this. Certainly the partment of Education had fully been get this money out of Washington and work that the gentlemen are doing is apprised of their possibility that its back in the hands of the American peo- valuable to the people of this country controls were so lax and insufficient ple. and, more importantly, to the children that waste, fraud and abuse could take Furthermore, if we look at it in who our schools are supposed to serve. place in the specific fund that ended up terms of a principle, again coming

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20690 CONGRESSIONAL RECORD—HOUSE October 4, 2000 back to decision-making, who really the pictures of their kids on their cannot get a clean audit, the Agri- cares about our children? And I think desks, and they have got education sys- culture Department cannot get a clean we all agree children ought to be the tems in their neighborhoods that they audit, EPA, HUD, OPM, and AID. None focus of our educational efforts. They care about. But just from a functional of these agencies can get clean audits. ought to be able to learn in safe, drug- perspective, this large bureaucracy And we know by the work we have done free environments, they ought to have charged with trying to manage 50 State by taking a close look at the Depart- the brightest and best teachers, and education systems, it is just not set up ment of Education, when these agen- they ought to know that there will be to do it well. It cannot succeed. It just cies cannot get a clean audit, they are standards and accountability. The tax- cannot. It is too big, too impersonal, creating an environment that is ripe payers in this country and the parents, and there are too many moving parts. for waste, fraud and abuse. We have who pay the bills, ought to be able to There are 760-some-odd Federal pro- found all of that within the Depart- know with some assurance that the grams they try to manage over there, ment of Education. dollars they are sending to Wash- and they manage a $120 billion budget. And I think as the gentleman from ington, D.C. to support education are So when they lose a couple million, South Dakota mentioned, real prob- not being squandered in some enor- they do not notice it. The car dealer lems and real mistakes impact real mous bureaucracy, but are actually has to notice it and the kids notice it, people. In this case, the fraud within making it back into the classroom but the Department does not notice it. the Department of Education impacts where they are improving the rate of But I tell my colleagues this. If we can young people in some of the neediest learning for our children. get that money to the local classroom, schools in the country. This is an issue which I just think I know every single principal in my Mr. SCHAFFER. The Clinton-Gore cries out for change, in the sense that district would notice $2 million miss- administration knew that they had when we look at these issues, whether ing. I know every school board member this problem years ago. In fact, it was it is education or any other, that we elected to manage schools in Colorado the Vice President who put together a have to get more of the decision-mak- would notice $2 million missing. I know report back in 1993 called the National ing and more of the power and more of every single schoolteacher would no- Performance Review report. Here it is the money out of Washington and back tice $2 million missing. But over in the right here. Does the gentleman have into the classrooms and back into the Department, they did not notice. It the famous quote highlighted here, by living rooms and back into the commu- took the car sales agent to find the guy chance? nities where it can make a difference; who was trying to buy a Corvette with Well, somewhere in this document, where there are local decision-makers the stolen money to notice, a real per- this nice shiny document that appar- who care enough about their kids not son who made a big difference for chil- ently the Department of Education to let this sort of thing happen. dren in South Dakota in this case. And never opened up, is this quote, and re- Mr. SCHAFFER. Republicans are for presumably for other children because member this is a quote from the report decentralized government. We are for we are going to crack down on this published by the Vice President, it strong high-quality schools, we are for part of a failed department as well. says, ‘‘In other words, if a publicly well-paid teachers who are well-trained I yield to the gentleman from Michi- traded corporation kept its books the and paid on a professional basis, and we gan. way the Federal Government does, the are for money being spent on the prior- Mr. HOEKSTRA. I wanted to build Securities and Exchange Commission ities that exist in various communities off the comments that our friend from would close it down immediately.’’ around the country. South Dakota made in talking about That is what the Vice President said The Washington model, the liberal the amount of money that comes to in this report evaluating just what the model, the one the Democrats and the Washington and how Washington re- gentleman from Michigan had high- President have espoused over in the sponds. lighted. The problems that plagued the White House is something very dif- Obviously, the Congress appropriates Clinton-Gore administration’s whole ferent. Their model is oriented toward this money to the executive branch. management style back in 1993 still ex- building this large Federal bureauc- What this chart points out is that ists today. In fact, it is worse. It has racy here in Washington to make deci- there are nine major agencies or cabi- gotten worse over time. sions for the whole country. To them, net level offices that cannot get a clean Mr. HOEKSTRA. If the gentleman that seems more efficient. And as we audit. It means that the auditors come will yield, there are a couple of other are seeing, structurally it just cannot in and say that their internal proce- quotes the Vice President wrote in his work. A large centralized education au- dures are not good enough to give a reinvention booklet here. Remember, thority here in Washington takes high degree of confidence that their re- now, he is talking about a department power away from locally elected school porting in their financial statements that has failed its 1998 audit, failed its board members. It takes decision-mak- accurately reflects what is happening. 1999 audits, and has projected it will ing away from the classroom teacher, The first thing we ought to be really fail its next three audits. ‘‘The Depart- away from the school board members, scared about is the one we have listed ment of Education has suffered from away from the principals, away from first, the Treasury Department. Our mistrust and management neglect al- the people who know the children best Treasury Department cannot get a most from the beginning. To overcome and understand the priorities of a local clean audit. We have talked about edu- this legacy and to lead the way in na- community most; the people who can cation. The interesting thing here is tional education reform, Ed must re- actually name the names of the chil- that neither Treasury nor Education fashion and revitalize its programs, dren in those classrooms. can get a clean audit, and one of the management, and systems. AL GORE, Those are the people we as Repub- problems that we have highlighted in Report of the National Performance licans trust, and that is where we want the education department is that they Review.’’ And it is dated not 2000, but to place the authority and resources, have the authority to write checks and ‘‘AL GORE, 1993.’’ meaning tax dollars. That is our pref- at the end of the month, when they Another quote: ‘‘The Department is erence. These folks over at the Depart- check what they have written against redesigning its core financial manage- ment of Education are nice people. We what the Treasury Department has re- ment systems to ensure that data from have been down there. The gentleman ported as being cashed, they cannot accounting, grants, contracts, pay- from Michigan (Mr. HOEKSTRA) and I reconcile these two numbers. So we ments and other systems are inte- have actually walked down to the of- have two major departments, Treasury grated into a single system. AL GORE, fice and paid them a personal visit. We and Education, which cannot get clean Report of the National Performance went office to office and met a lot of audits. Review, 1993.’’ The end result is that we these folks. They are like anybody we The Justice Department cannot get a are now in the year 2000, the Depart- know in our neighborhoods. They have clean audit, the Defense Department ment of Education is still failing its

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20691 audits, and the litany of waste, fraud Federal Government, and that is truly house, and they were going to try to and abuse within this department is unfortunate. actually buy a Corvette. So it is inter- getting to be an embarrassment to the These are embarrassing examples not esting. department and actually an embarrass- only for the agencies of government I was going to say we have to get to ment to the executive branch. who are responsible and have the tax- this before our time is up. We ought to Mr. THUNE. Not only is it an embar- payers’ trust and are the stewards of go through some of these other cases of rassment obviously to the government, those dollars; but, more importantly, abuse, but we should also talk about I think it ought to be an embarrass- these are embarrassing to the people what is actually happening with our ment to the taxpayers. And ultimately who pay the bills in this country. If we kids. that is what we are talking about here, want to build trust and confidence in b 1345 the taxpayers, the people who are pay- the government, we cannot have these ing the bills here. The people who pay sort of things happening. There is a lot of information out the freight in this country are the peo- Again, in my judgment, what it does there. Our kids are not testing well ple who are hurt the most. is it just points to the need to make when we compare them to inter- I come back to the point that in this sure that we do our job as a Congress in national standards. particular case we are talking about terms of oversight; and, secondly, to It is kind of interesting. A number of waste, fraud and abuse as it applies to make sure that the Federal dollars the newspapers have been running an a couple of school districts in my State that come in here are used efficiently ad this week saying we are lucky this of South Dakota, but waste, fraud and and that we do everything we can to is not the Olympic scores, and they list abuse means real pain to real students. get them back out of Washington, back 21 countries and the U.S. is 18. What it Unless we can refashion and reshape where decisions are made locally, back is is on educational achievement, on these agencies of government in a way where decisions are made by people the third international math and that makes them responsive to the peo- who care about their communities and science study. And it is disheartening. ple that they are there to serve, we will their children. Not enough of our kids are testing at continue, I think, to uncover incidents As the gentleman mentioned, I am proficiency grade level. just like this one. sure they are very well-intentioned The fastest growing program in our And, again, thankfully, there was a people and good people at the Depart- colleges today, we had a hearing today car dealer in Maryland who had the ment of Education here in Washington, on overseas studies programs, that is courage to recognize this incident and and they care about their children. But not the fastest growing program on contact the appropriate authorities. the reality is parents, communities, college campuses today. The fastest Because, frankly, had it not been for and teachers care a lot more about the growing program on college campuses that, who knows. Really, who knows if children when they know their names, today is remedial education, taking this ever would have been discovered. when they have the personal contact. kids who have graduated from high Because the Department of Education, And that is where the decision-making, school, but cannot perform at basic when the shortfall became evident in that is where the authority, and that is levels in reading, writing and math so the State of South Dakota in the two where the power and resources ought they get in college and they have the school districts, after a period of time, to be focused, not in a Washington bu- colleges and the universities to do re- and in one school district a protracted reaucracy. mediation. period of time, but they just issued a Mr. SCHAFFER. I have actually had But that is the problem and that is new check. They just cut a new check. superintendents of schools and school the sad part here is that we have got a Hey, it is no big deal, we will just get board members and principals who tell Department of Education with all the a little more money here and we will me not to spend another dime on that kinds of problems that we have out- take care of it. But that is the prob- agency until we get it cleaned up and lined and at the same time we are leav- lem, again, when there is no account- until we get that financial disaster cor- ing too many kids behind. ability. And what this cries out for is rected. They need the money. They And so, if the gentleman wants to higher standards and more account- want the dollars in the classrooms. But take a look at some of the other exam- ability. they also realize that when there is a ples of waste, fraud and abuse, we can And, really, it does start at the top. Department of Education that is hem- do that. I appreciate all the studies that have orrhaging cash to the extent that it is Mr. SCHAFFER. Mr. Speaker, one been done, the Vice President’s study today, that it serves no one well to other example that we investigated in back in 1993; but here we are in the continue to feed more money into this the Subcommittee on Oversight and In- year 2000, and leadership on issues like machine that loses cash, has it stolen, vestigations was a theft ring involving this really starts at the top, from the has it squandered, cannot account for collaboration between outside contrac- top all the way down through all the it, and, in the end, gets a fraction of tors and the Department of Education respective agencies. I am sure the gen- the money back to children. employees who operated this theft ring tlemen will find, as they continue to We have talked about the example of for at least 3 years, starting in 1997; research the Department of Education, the $2 million that was stolen out of and we finally caught it almost in 2000. more incidents, more examples of the department from the children in They stole more than $300,000 worth waste, fraud and abuse. And certainly South Dakota and used to buy cars. I of electronic equipment. They stole from the standpoint of the taxpayers, would point out the thieves in this case computers. They stole television sets. it is not a good return and it does not actually did buy two cars. It was the They stole VCRs. They stole phone do anything to help the children of this third dealer that they went to to buy equipment. They stole all kinds of elec- country to have the taxpayers send al- another car that realized there was a tronic computer equipment and so on. most $40 billion a year, that is with a crime going on and turned them in. And they also collected more than B, $40 billion to Washington with the But my point is, this is more than a $600,000 in false overtime claims. intention that those dollars are going suggestion that there is a potential for So we had people in the Department to be used in some fashion to help im- more waste, fraud and abuse. We have of Education who were signing these prove the rate of learning of children in lots of other examples, and I will go work vouchers for some pseudo con- this country only to find examples like through a couple more here in the next tractors outside of the Department of this, and the others that the gentlemen minute or so, but I would yield to the Education so that they were getting have noted and that throughout their gentleman from Michigan. paid for work that they did not do. Ex- research continue to crop up. This only Mr. HOEKSTRA. Well, I just wanted cept in one case, in this particular ex- continues to build the cynicism and to mention that not only did they buy ample, the manager in the Department the mistrust and everything else that cars, they bought a Lincoln Navigator, of Education actually sent an employee exists in our culture today about the a Cadillac Escalante, they bought a out to go out to Maryland to pick up

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.000 H04OC0 20692 CONGRESSIONAL RECORD—HOUSE October 4, 2000 crabcakes and bill that to the tax- academic institution would be for that not on this subcommittee, but the payers of America. kind of recognition. Committee on Oversight and Investiga- It is just mind boggling. Here is how The good news is we had 39 winners. tions had a hearing. The agency or di- it worked: The Department of Edu- The bad news is the Department of vision within the Department of Agri- cation employee charged with over- Education notified the wrong 39 young culture that is responsible for the CRP seeing these outside contractors would people and said, you are the winners, program came up to the Committee on order equipment through the con- and 2 days later they had to call back Agriculture to explain how $20 million tractor and these were funds that were and say, sorry, we got it wrong; you did had been spent on a mural on a garage paid for, equipment that was paid for not win. and on providing bus transportation for by the Department of Education, and That was February of 2000. people to attend Sierra Club meetings. they would have it delivered by a This year alone, the Department of Now, when questioned about that, complicit contract employee, she had Education has issued over $150 million how could you use those dollars in that it delivered to her house and to her in what I think my colleague was talk- fashion, the answer was, well, we have friends’ houses. ing about earlier, duplicate payments. very broad authorities and that is a And the contract employee also did We pay you once. We pay you twice. justifiable, legitimate use of taxpayer these personal errands. I mentioned the And that is the $150 million of the con- dollars. crab cakes that this contract employee tractors who have notified us or that I do not know about my colleagues, ran out to buy and bring back so she the Department of Education caught. and irrespective of what they think could eat them for lunch. And, in re- Who knows how much they have not about one organization or another, pro- turn, she signed off on these false caught. viding federally subsidized transpor- weekends and holiday hours that were Mr. SCHAFFER. So this is, the De- tation to go to a Sierra Club meeting never worked. And that was paid for by partment, I mentioned this before, or any other club meeting seems to me the children of America. That is where sends duplicate payments for the same to be a little bit outside of what people the money went. expenditures. It would be like your em- would expect in terms of taxpayers and Money that we want to get to class- ployer sending you two paychecks for the use of their tax dollars in this rooms, money we Republicans think the same month. country. children could use, instead was going Mr. HOEKSTRA. Absolutely, and And so, I just use that again. My col- to pay almost $600,000 worth of false maybe knowing it and maybe not leagues are talking about educational overtime hours and bills and these knowing it. issues and the Department of Edu- projects where they run out and buy Student financial programs are annu- cation and clearly they have a very, crab cakes for themselves. ally cited. And while we are talking very long record and have accumulated This theft ring is still under inves- about real money, this is now talking tremendous amount of evidence of the tigation by the Justice Department. 70 to 80 billion dollars of loan portfolios waste, fraud, and abuse that occurs There are several who were inves- that they manage. there. tigated who signed guilty pleas, and The General Accounting Office calls But as the gentleman from Michigan seven Department of Education em- these high-risk programs most suscep- (Mr. HOEKSTRA) noted earlier with his ployees have been suspended indefi- tible to waste, fraud, and abuse. And chart, many other agencies of Govern- nitely without pay pending the final what do we know when outside experts ment fail their audits, as well. And this outcome of this probe. And there are come in and highlight these programs? is another example, another depart- more examples. They are right. ment of Government, a program, the Mr. HOEKSTRA. Mr. Speaker, if we Ernst & Young says the $40 billion Conservation Reserve Program, which just go through them quickly: that you spend is right for waste, is designed to benefit producers in this The Department of Education, Sep- fraud, and abuse. We have got a long country and to further protect the en- tember 1999, prints 3.5 million financial list of it. Now GAO comes in and says vironment, add to wildlife production aid forms. One problem, they printed your loan programs are high risk for and other things that is designed spe- them incorrectly. It cost the American waste, fraud, and abuse. And we have cifically with a purpose in mind, those taxpayer $720,000. got all kinds of examples in that area, dollars are being misdirected in a way There is one that we call ‘‘dead and as well, and it gets to be real money at that I think is totally inconsistent loving it.’’ The Department of Edu- a time when we really ought to be fo- with the purpose and totally incon- cation improperly discharged almost cusing on getting those dollars into a sistent with what is right with the tax- $77 million in student loans. We have a classroom. payers. policy in place that, if a person, a bor- Mr. THUNE. Mr. Speaker, I would Mr. SCHAFFER. Mr. Speaker, I rower, dies or they become disabled, just simply add, Mr. Speaker, to what would submit and I know my colleague their loans are forgiven them. In this my colleagues have said here in the would agree that it all relates. It is all case, we forgave $77 million of student sense that a lot of these dollars in the same from a taxpayer’s perspec- loans. these various programs, I am sure tive. Back home in Ft. Collins, Colo- Even better news for these young there are people who appreciate it. The rado or Pierce, South Dakota or Hol- people is that they were not dead and people who have gotten their loans for- land, Michigan they are sending their they were not disabled. We just forgave given are probably real happy about money to Government. That is all they them the loan improperly. this and the people who got the double know. They are not saying an edu- This again, where we talk about I payments that are being made out cation tax, an agriculture tax, a de- think what we saw in South Dakota, there. I mean, there are some bene- fense tax. They are just paying taxes, this affects real people. Thirty-nine ficiaries of all this waste, fraud and almost half their income; and they ex- students were selected to receive the abuse I am sure. But the people who pect that somebody here in Washington Jacob Javits Fellowship. This is an are paying for it are the people who are is going to object for the $20 million award given to students that are grad- supposed to be served by the programs mural in the Department of Education. uating from undergrad that the Fed- and the taxpayers of this country Because what every American knows is eral Government agrees to pay for 4 whose dollars they are in the first that they prefer to have that money years of graduate schoolwork for them. place and who have high expectations spent on their children and schools. Having a daughter that is just going about what their Government ought to So whether it is waste in the one de- to college, I can imagine how excited be in terms of being responsible and ef- partment or any of the nine agencies the parents would be that the tuition is ficient in the use of those tax dollars. that cannot even tell us how they covered. I can imagine how excited the I know my colleagues are focusing on spend their money because they fail student would be, and I can also imag- education. We had in the Committee on their audits and do not do it well, from ine how excited her friends and also her Agriculture the other day, and I am a taxpayer’s perspective, they know

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20693 what real priorities are in America: de- Mr. SCHAFFER. Mr. Speaker, that cent of our money from Washington; fending the country, educating our has been our objective here in Congress we get 50 percent of our paperwork. Ed- children, keeping the roads in operable as a Republican majority is to chop Flex says we are going to allow school condition, and things of that sort that this waste, fraud and abuse out of Fed- districts and States to eliminate part are real priorities for the country. eral agencies to begin to consolidate of the bureaucratic nightmare that we I think we owe it to taxpayers. As programs so that we can send money have imposed on them. Republicans, I think taxpayers rely on back to the States in larger chunks We have a program which we call us to expose this kind of waste, fraud with fewer moving parts so that there Straight A’s. So we are going to get and abuse whether it is in the Depart- is more accountability and we involve more dollars into the classroom, we are ment of Education, Department of Ag- more local leaders in the disbursement going to get rid of the red tape, and riculture, or whether it is the million- of those funds. then what we are saying is we are dollar outhouses that the U.S. Park In that way we really are not talking going to allow you more discretion so Service built out in some national about spending more money on edu- that in a school district in Colorado, if park. All of these things should not go cation per child but spending less over they need to buy technology, they can unnoticed. time in what is budgeted for all this go out and buy computers. But if a I think it is the more honest ap- wasted money that takes place here school district in my area of west proach that we have joined forces as a under the Clinton administration. And Michigan says we really want to do Republican majority to tell the truth so, it is a positive message that we are teacher training, they can take those about this waste, to expose it, to talk about, it is a proactive agenda that we dollars and use the dollars for teacher about it, to begin to fix these problems. are trying to unfold here in Wash- training, so that we recognize that the Because our message is positive. We ington. It is a different agenda which needs of west Michigan are very dif- want to get resources to the top pri- our Democrat friends and the Clinton- ferent than the needs of Colorado or ority where they are needed most. We Gore administration have presided over South Dakota, so we are going to give disagree with our Democrat colleagues for the last 8 years. school districts flexibility. who say these are problems but let us The other thing that we want to do is 1400 just spend more so we do not notice. b we want to fully fund our commitment No. People work too hard for that In their own words, it could not be to the Individuals With Disabilities money. It should not be wasted and made any clearer by the Vice President Education Act. The Federal Govern- squandered in accordance with these himself when he said, in other words, if ment committed to paying 40 percent examples that we have spoken about a publicly traded corporation kept its of this mandate that was placed on our today. Our positive agenda is to spend books the way the Federal Government local school districts. I think this year money wisely and to be prudent and re- does, the Securities and Exchange we are going to be all the way up to a sponsible with somebody else’s money, Commission would close it down imme- high, and that is under a Republican in this case the money that is taxed diately. Congress, the other side was never able and sent to the Federal Government by They knew that back in 1993 when to achieve this kind of funding for way of tax revenues. they printed this. They knew that 2 IDEA, we are paying 13 percent. But Mr. HOEKSTRA. Mr. Speaker, when years ago when Ernst & Young did the that means, the other part of that we take a look at it again, when we see audit of the Department of Education mandate, the other 27 percent which we the waste fraud and abuse, I mean, it is and warned the Department of Edu- committed to pay now has to come out really scary. But then it also gets to be cation that there was a potential for scary when we take a look at some of of a local school district’s taxes. What theft to take place in the Impact Aid we need to do is we need to fully fund the places where we consciously make funds; but in all cases they were too the decision to spend the money. our commitment and when we do that, busy trying to persuade Americans My colleague, the gentleman from we will free up local dollars to use for that they were not paying enough South Dakota (Mr. THUNE), talked school construction, hiring teachers, about the mural. Somebody in Federal taxes and did not spend enough time technology, other improvements, what Government made the conscious deci- making the government more efficient, they believe their kids need. sion that spending $20 million of tax- and in this case and in several other Mr. SCHAFFER. We tried, you and I payer money in that area was a good cases, the children of America suffer. tried and others, the more conservative idea. Someone also made the decision We want to end the suffering. We Members of Congress tried to actually consciously that taking people and want to end this burden of waste, fraud put more money into that unfunded busing them to these events was a good and abuse that has been perpetrated Federal mandate because we know it use of taxpayer money. upon the American people. We want a frees up local districts to provide pay The Department of Education’s brighter day for education of American raises for teachers, to build new class- closed captioning. We pay for this. We students, where dollars are spent wise- rooms, to invest in the technology. We can watch The Young and the Restless; ly, dollars get to the classroom, and offered amendment after amendment The Bold and the Beautiful, I never Americans have their confidence re- here on the House floor when the ap- heard of that one; Days of our Lives; stored in how their Federal Govern- propriations bill was here to beef up Sunset Beach; Men in Tool Belts; the ment works. the funding for the Individuals With New Maury Povich Show; Dukes of Mr. HOEKSTRA. I think we ought to Disabilities Education Act; but AL Hazard; Bewitched; Gomer Pyle; Dy- take a little bit of time talking about GORE and Bill Clinton, they did not nasty; WKRP in Cincinnati. The Fed- where we are with kids. We know our help us, they were not interested. In eral Government is paying for closed kids are not tested enough, but we also fact, their budget opposes what we captioning, all of those programs, to have proposals to fix these problems. want to accomplish with fully funding the tune of almost $9 million dollars. We have a series of objectives that say the Individuals With Disabilities Edu- At the same time, we recognize that here is what we would like to do. We cation Act. a lot of our kids are not reading by have got a program called Dollars to I am hopeful and optimistic that we third grade, they are not reading by the Classroom. It says we want to get are on the threshold of perhaps a new fourth grade, they are not reading by 95 cents of every Federal education dol- day over in the White House with a fifth grade. But we are doing these lar back into a local classroom. We new kind of leadership that really un- types of things, and it really is time, I have got Ed-Flex. What is Ed-Flex? derstands education funding is about think, for us not only to wipe out the What Ed-Flex says is we know that as real people, real children. When the De- waste, fraud and abuse but to take the we have gone around America with our partment loses funds or squanders re- dollars and focus them on the programs project called Education at a Cross- sources or mismanages programs, there and the efforts that will make the big- roads, the States have consistently are real Americans who suffer and suf- gest difference. come back and said, we get 6 to 7 per- fer mightily as a result of that kind of

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20694 CONGRESSIONAL RECORD—HOUSE October 4, 2000 mismanagement, and it is the same in the southwestern United States to SERVING THE SAN DIEGO kind of mismanagement that the White secure Federal approval of a project COMMUNITY House even wrote books about in 1993. called the Longhorn Pipeline. The The SPEAKER pro tempore. Under a It is a tragedy that they failed to fol- Longhorn Pipeline begins at Galena previous order of the House, the gen- low their own advice, clean up the Park, Texas, in east Harris County in tleman from California (Mr. FILNER) is waste, fraud and abuse in the Depart- the district I represent and goes across recognized for 5 minutes. ment, get money to the classroom. Texas for approximately 700 miles to El Mr. FILNER. Mr. Speaker, I rise They have had 8 years to work on it, Paso, Texas. today to recognize the 86 years of serv- they have squandered their oppor- This pipeline is intended to carry re- ice given to the San Diego community tunity, they cannot do it. We will. fined petroleum production from Hous- by the Neighborhood House Associa- Mr. HOEKSTRA. Creating a Govern- ton to southwest markets of the United tion and at the same time the 35th an- ment That Works Better and Costs States in El Paso and Midland/Odessa niversary of Head Start, both nation- Less, Report of the National Perform- and hopefully beyond. After much wide and at this location. ance Review. delay, the Federal Government now Neighborhood House is a multipur- We can speak from experience that seems to be willing to move forward in pose social service agency whose goal the redesign or the reinvention of the the process. George Frampton, chair of is to improve the quality of life of the Education Department has been a fail- the Council on Environmental Quality, people served. It is one of the largest ure. AL GORE dropped the ball at the has recommended the EPA and the De- nonprofit organizations in San Diego, Department of Education. The Amer- partment of Transportation to include reaching more than 300,000 San Diego ican taxpayer is paying for this. More the analysis of the Longhorn Pipeline residents with its programs. Since Dr. importantly, America’s children are project by finishing the environmental Howard Carey assumed leadership as paying the price for this failure of re- assessment. president and chief executive officer in invention at the Department of Edu- The many studies and analyses con- 1972, Neighborhood House has grown cation. It was promised us in 1993 and ducted by the Federal Government in- from a budget of $400,000 and a staff of the conditions are as bad if not worse dicate that the extensive mitigation 35 to the current budget of approxi- in the year 2000 than what they were in plan supports this action. The Long- mately $50 million with 800 employees. 1993. horn Mitigation Plan protects the envi- Among the most important of the serv- f ronment and all the people along the ices of Neighborhood House is Head pipeline route and is of a scope and Start, and the 35th anniversary of Head PIPELINE SAFETY LEGISLATION rigor unprecedented in the pipeline in- Start is being recognized at a Gala 2000 AND THE LONGHORN PARTNERS dustry. It includes measures designed event by the Neighborhood House Asso- PIPELINE to reduce the probability of a spill as ciation on November 17, 2000. The SPEAKER pro tempore (Mr. well as measures designed to provide As we all know, Head Start is the OSE). Under a previous order of the greater protection to the more sen- most successful federally funded pro- House, the gentleman from Texas (Mr. sitive areas, including areas where gram for children that has been cre- GREEN) is recognized for 5 minutes. communities and drinking water could ated. It has touched the lives of tens of Mr. GREEN of Texas. Mr. Speaker, be affected. thousands of low-income preschool before the end of the 106th Congress, I The Longhorn Pipeline meets or ex- children and their families. The Neigh- am hopeful to be able to pass a com- ceeds current statutory, regulatory borhood House Head Start serves 7,000 prehensive pipeline safety bill. On Sep- and industry standards. The pipeline preschoolers and their families in 77 tember 7, the Senate unanimously would be the safest in the history of centers, the largest San Diego Head passed the Pipeline Safety Improve- the United States. I do not make this Start program. And plans are in place ment Act of 2000. This bill is tough and statement lightly. For instance, the to provide for over 11,000 children to be has many public safety provisions. For mitigation measures are adjusted reached in over 130 centers. example, the daily penalty for a viola- along the route of the pipeline based on Mr. Speaker, Head Start and the tion of regulations increases from the sensitivity of the area. The route Neighborhood House are in the busi- $25,000 a day to $500,000 a day. In addi- was divided into approximately 8,000 ness of helping people to help them- tion, pipeline companies must now re- segments, and the relative sensitivity selves. They strive for permanent port spills in excess of five gallons as at each segment was determined based changes, and long-term self-sufficiency opposed to 50 barrels or 2,100 gallons on factors including the proximity to is their goal. On the occasion of the under current law. population centers, drinking water sup- Neighborhood House Association’s Gala Other provisions in this bill require plies, and protected species habitat. 2000, I am honored to congratulate both pipeline companies to have a detailed I cannot begin to understand why the Head Start and the Neighborhood pipeline integrity plan as well as man- Federal Government has taken this House for their many contributions to dating stronger training and qualifica- long, and to have made such a difficult the children and families of San Diego. tion requirements. The bill also process in the regulatory lag is amaz- f strengthens the public’s right to know ing. We still have time to salvage the and provides whistle-blower protec- good intentions and still have the suc- PROTECTING OUR ENVIRONMENT tions for pipeline employees. cess that was started with this process. The SPEAKER pro tempore. Under I believe this bill is a good start. Al- But we need to act now. I say we, the the Speaker’s announced policy of Jan- though I would still like to include Federal Government. Since Longhorn uary 6, 1999, the gentleman from Or- other public safety protections, I un- filed for the pipeline conversion in 1997, egon (Mr. BLUMENAUER) is recognized derstand the need for a pipeline safety two other previous crude-oil-conver- for 60 minutes as the designee of the bill this year. I look forward to work- sion-to-refined-products pipelines are minority leader. ing with my colleagues on the Com- up and running. I repeat, they are up Mr. BLUMENAUER. Mr. Speaker, we mittee on Commerce that I serve on and running with not the mitigation have just witnessed last night the first but also in the Committee on Trans- measures that are part of this Long- of the presidential debates between the portation and Infrastructure if nec- horn Pipeline. candidates of the two major parties. essary to move even more legislation, If we are interested in pipeline safe- After a great deal of wrangling, I was stronger legislation next year. Pipe- ty, we need to encourage pipeline com- pleased to see that Governor Bush lines have been shown to be a much panies to establish mitigation meas- agreed to the debate commission’s rec- safer way to transport products than ures such as these. Working together, ommendations and has agreed to share trucks or other methods and the cur- we can ensure that pipelines remain a the platform. I think it is important rent bill increases that safety factor. viable transportation means while that we are now turning to issues that I have also been working with several maintaining and improving public safe- confront the American public. Unfortu- of my Texas colleagues and colleagues ty. nately, sometimes with the barrage of

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20695 issue ads that we see and at times con- We know that there are all kinds of publicans on the Committee on Re- flicting claims, I can understand how additional energy efficiencies, whether sources on which I sit and in this House the American public can be confused it is the insulation of our home, wheth- is to constantly attack the underlying about what the actual truth may be in er it is the improved efficiency of the basic national laws in this country a particular area. But I will tell you in generators of electricity around this that provide for the protection of the the areas that relate to the environ- country, as we are replacing old and environment, the laws of the Clean ment, there is really no excuse for con- worn out generators, whether it is the Water Act, of the Clean Air Act, of the fusion. The differences could not be improvement of the gas mileage of our Superfund law, of the Endangered Spe- clearer between the two political par- automobiles. cies Act. ties and the two major candidates. This Congress, the Republican Con- Time and again in the Committee on We wanted to take a few minutes this gress, has stalled year after year the Resources, the gentleman does not sit afternoon to address those issues of the consideration of improving the gas on the Committee on Resources, he sits environment, where people stand and mileage of automobiles. So now where on the Committee on Transportation what difference it makes for the Amer- do we find ourselves? We find ourselves, and Infrastructure, and I think he has ican public. I am honored to be joined essentially, where the fleet averages some similar actions that take place in this discussion this afternoon by the are going backwards to where they there, but we see constant attempts to gentleman from California (Mr. were in the 1970s, and now we see once try to override the Endangered Species GEORGE MILLER), the ranking member again we are threatened with competi- Act, to try to approve projects without of the Committee on Resources, a gen- tion by foreign auto makers intro- the consideration of the impact on the tleman whose legacy in terms of pro- ducing hybrid cars, racing ahead on species. Yet we know that in all of the tecting the environment, dealing with fuel cells. polling data, which is an indication of natural resources, fighting against pol- We know that 70 percent of all the the American public’s attitude, that 80 lution, leadership on a wide variety of energy that is imported into this coun- percent of Americans agree that pro- issues is unparalleled. try is used for transportation, so to tecting land, water and wildlife and Mr. Speaker, I yield to the gentleman continue to waste it on the highways is other natural resources is extremely from California. a tragedy, and especially when people important to them and two-thirds of Mr. GEORGE MILLER of California. now are forced into paying, because of them believe that the Federal Govern- I thank the gentleman very much for the cartel in the Middle East and the ment, the Federal Government, should yielding, and I thank him for taking big oil companies in this country, are in fact be doing more to protect our this time that we might have an oppor- forced to pay in excess of $2 a gallon. I forest resources, to protect our wilder- tunity to discuss both the environ- bet most Americans wish that this Re- ness resources, to protect the national mental challenges that are presented publican Congress had not kept us from parks and the public lands of this Na- in this election season and by this Con- reviewing those mileage standards, so tion. In fact, they go so far as to sug- gress and by the differences between that if they are going to have to pay $2 gest they would like the Federal Gov- Governor Bush and Vice President a gallon, they might get 30 or 40 miles ernment to create more of these oppor- GORE. a gallon, as opposed to 19 or 20 miles tunities within our society. I, as many Americans last night, was per gallon. The gentleman from Oregon has been shocked when, although I guess we I think it is an important distinc- a leader in trying to explain that. As should not have been surprised but tion, because I think it highlights the the Vice President pointed out last shocked when Governor Bush suggested rather cavalier attitude of Governor night, this is not about having to ruin that the way out of our energy crisis Bush toward the environment. It is out one value in America to achieve an- was to simply drill in the Arctic Na- of step with the American public. It is other value. We would like energy tional Wildlife Refuge and that would clearly out of step with the American independence, we would like energy ef- in fact solve the problem. public’s desire to protect the environ- ficiency, we want to make sure that we ment, to clean up the environment can meet the demands of our economy, b 1415 where it has been polluted, and to keep but we do not have to destroy the envi- As was correctly pointed out by Vice it from being polluted where it has not ronment in the process. President GORE, if you simply do that, happened. So I thank the gentleman at this you do nothing but add a couple of Clearly an overwhelming majority of time for taking this time, and I want months of oil supply to the total con- Americans want to expand our Na- to yield back to him so he can partici- sumption of the United States, but you tional Park System and to protect the pate. I see we have been joined by our have done nothing on the other side, National Park System. They want to colleague from Maine (Mr. ALLEN). which is consumption, conservation, increase the public lands that are But I want to point out that last new technologies, all of which are nec- available to them and their families night, to hear that that was the single essary if we are going to use these oil and their communities, whether those strategy of Governor Bush to answer resources in a wise fashion. are neighborhood parks, city parks, re- the energy question, was simply drill It is unfortunate that the first thing gional parks or State park systems. more, and to suggest that somehow we that Governor Bush would suggest to In the State of California, where I have not been drilling in the past, the the American public is that we ought come from, the State park system is hottest drilling area in the world is not to, in fact, treat the Arctic National oversubscribed on every holiday, on in Russia, it is not in China, it is not in Wildlife Refuge much as we would an every weekend, by people who want to Indonesia; it is in deep water off of the oil field in East Texas. There is a world take their families out and enjoy that coast of the Gulf Coast of the United of difference between those two, and kind of experience. They want to pro- States of America. People have been perhaps Governor Bush does not under- tect the farmlands in our growing com- drilling here. stand that. munities so there will be open space, so But it is the manner in which we But the Arctic Wildlife Refuge is not there will be an opportunity to protect have been wasting the resources. We just that. It is a refuge for wildlife, of the habitat of endangered species, so have been wasting the resources, and caribou and other species, that are that they can use open lands to buffer we now say we are going to invade the greatly threatened by additional devel- the dramatic growth that has taken Arctic National Wildlife Refuge in opment in the Arctic, and it is impor- place in so many of our suburban com- some desperate attempt to achieve en- tant that we understand that, because munities. ergy independence. We ought to I think, again, as Vice President GORE That is what the American public has achieve energy independence, and the pointed out, you need not destroy our said they want, and they have said that gentleman knows more about this and environment to improve the energy sit- over and over and over again. Yet what I would hope he comments on this. If 70 uation in this country. we have seen in the agenda of the Re- percent of the imported oil in this

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20696 CONGRESSIONAL RECORD—HOUSE October 4, 2000 country is going into transport, that Before elaborating on that, I did produce nitrogen oxides, which con- tells you that maybe where you want want to be able to turn, if I could, to tribute to ozone depletion and produce to start thinking about the problem is our colleague, the gentleman from smog; they produce sulfur dioxide, with the automobile, to make it more Maine (Mr. ALLEN), from the other which is a component of acid rain; they efficient, to do some of the things the Portland. The gentleman from Maine produce mercury, which poisons our gentleman has talked about that have (Mr. ALLEN) has developed legislation, waters and gets into the food chain in not come to pass, unfortunately, in for instance, to help clean up pollution our lakes and streams and has led to this Congress, in terms of mass transit, from aging power plants. He has intro- warnings in 40 States across the coun- in terms of the design of our commu- duced two bills to curb air pollution, try that pregnant women and children nities, in terms of making them trans- the Clean Power Plant Act and the Om- should not be eating fresh water fish; portation-friendly to various options, nibus Mercury Emissions Reduction and it produces the major greenhouse whether they are trains or mass transit Act. He has been a leader as a local of- gas, which is carbon dioxide. In fact, 33 or buses or car pooling, these kinds of ficial, the mayor of Portland, Maine, to 40 percent of all the man-made car- arrangements. Then you really send a and in his work here in Congress, not bon dioxide emissions in this country message to the sheiks in the Middle just for dealing with things like pre- come from these old coal- and oil-fired East, if you will, who are running the scription drugs, but working to make power plants. cartel, that their market is not going sure that Americans have the quality What we need to do is, and the tech- to be as great because we are going to of life that they want and they deserve. nology is there, this is relatively easy stop the waste of that energy. It is my great honor to yield to the stuff if you have the political will to do I thank the gentleman for yielding, gentleman from Maine (Mr. ALLEN). it, what we need to do is make sure and will ask him to yield later in this Mr. ALLEN. Mr. Speaker, I thank that we are taking steps toward bring- special order. the gentleman for yielding. ing all these power plants and other in- Mr. BLUMENAUER. Mr. Speaker, I I have to say I am pleased we are dustrial plants, which I will speak appreciate the gentleman’s comments, doing this special order, because about in a moment, up to new source and I think he hit the nail right on the watching the debate last night, there emissions standards. Let us use the lat- head. What Vice President Gore and was a striking and clear difference be- est technology. Let us have cleaner air the Democrats in Congress have been tween AL GORE and George W. Bush on and let us burn less fuel. advocating is giving the American pub- these environmental issues. In fact, If you turn to Texas, the record there lic choices. We right now have 3 or 4 just to turn for a moment back to the for Governor Bush is a very different percent of the world’s oil reserves. We energy issues that the gentleman and record. In fact, the Texas Air Crisis are consuming currently 25 percent. the gentleman from California (Mr. The gentleman rightly catalogued Campaign has just put out a press re- MILLER) were discussing, if you pay at- the efforts on the part of this Congress, lease indicating that in the 1999 session tention to what has been in the news Republicans, to stop us from moving of the Texas legislature, an effort to over the last several months, we had forward; cutting back on energy con- mandate reductions from grand- the news that the North Pole was open servation, avoiding opportunities to re- fathered industrial plants in Texas was water, a dramatic development. The instate and even study the impact of headed off when the Governor’s office ice cap there had melted temporarily energy efficiency in vehicles across the asked industry representatives to draft during the summer. The North Pole fleet. As the gentleman points out, it a voluntary plan in which these grand- was no longer ice, it was water. We goes in the wrong direction. fathered facilities could come up with It is important that we give the have also in the last few days seen voluntary cleanup plans. But now the American public choices. If the Amer- news that the hole in the ozone layer data shows that in the past year the ican public had realistic choices two over the Antarctic is now as big as it actual reduction in pollution is three- times a week to take mass transit, to has ever been. Yet when it comes to de- tenths of one percent of the total emis- car pool, to be able to telecommute, ciding how to deal with this energy cri- sions from the plant. sis, the first thing out of Governor having the opportunity, other than just b 1430 being in their own car commuting by Bush’s mouth is we need to do more There is a dispute with a Texas nat- themselves, we would not have to im- drilling, which means we need to have ural resources conservation commis- port any oil. But, again, Governor Bush more oil, burn more oil. has no initiatives in this area, and our Though we do, as AL GORE pointed sion. They say it is all the way up to 3 friends in Congress have been cutting out last night, we should bring more percent, but they are taking into ac- back on solid initiatives that have been marginal wells into production. That is count future reductions. The bottom advanced in the past. a short-term solution. There is also no line is this: the record that Governor I appreciate the gentleman focusing reason not to proceed to make sure Bush has in Texas on controlling pollu- on this notion of just simply drilling in that we are doing energy conservation, tion is appalling. It is appalling. And the Arctic National Wildlife Reserve. that we are doing renewable tech- the data is here for anyone who wants This, of course, is opposed by the over- nologies. We are looking at solar and to look at that record. whelming majority of the American other technologies like that, and are If it is any indication of what he public, even in these times of scarce really moving ahead on that front. would do in Texas is what he would do energy availability. They know that Mr. Speaker, the basic point is this: for this country, we all have reason to opening this portion is not only an en- What makes good sense for an energy be worried when it comes to the envi- vironmental threat, but it just pro- policy is what makes good sense for an ronment. longs the ultimate solution that we anti-pollution policy. As the gentleman Mr. BLUMENAUER. Mr. Speaker, we have. It is, at most, a 6-month supply mentioned, and I want to thank him have been joined by our colleague, the of oil, and it would take up to 10 years for his leadership on these issues, I do gentleman from Massachusetts (Mr. for us to be able to bring that oil to have legislation, H.R. 2980, the Clean MARKEY), an admitted expert in this market. Threatening the Arctic Re- Power Plant Act of 1999, that would area. Perhaps if the gentleman would serve for something that is not going bring all of these old grandfathered like to comment on it since this has to make a difference in this crisis or plants, grandfathered under the Clean been an area of his expertise for years. the next crisis is an example of a failed Air Act and the Clean Air Act amend- Mr. MARKEY. Mr. Speaker, I was lis- one-dimensional approach from Gov- ments, it would bring them up to new tening to this discussion, and it oc- ernor Bush. source emission standards. curred to me that if we just go back We are going to talk more, because in Well, what does all that mean? It over the last 6 years, that is from the fact that is not unlike some of the turns out that these old coal- and oil- moment of which the Republican party problems that he has with his own en- fired power plants are still major pol- took over the United States Congress, vironmental legacy in Texas. luters in this country, and they there has not been a discussion about

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20697 what more can be done for the environ- of these old plants that are not in com- those suggestions, because he certainly ment. The real issue was how can we do pliance, and this voluntary approach does not believe in an aggressive De- less? has resulted in a few dozen coming into partment of Energy here to try to find I mean, their goal was to turn EPA compliance. It is an abject failure, and solutions to our energy problems, to from standing for the Environmental I think it would be absolutely a dis- develop alternative energy sources. Protection Agency into Ever Polluters aster were that approach applied here Then in 1999, the energy department Ally. I mean they wanted to change on a national level. proposed that we purchase an addi- Superfund so we played the polluters, Mr. Speaker, we have been joined by tional hundred million barrels of crude rather than the polluters playing the my colleague, the gentleman from oil for our Strategic Petroleum Re- American people for spoiling our nat- Maryland (Mr. CARDIN), a leader in serve. We are 115 billion barrels short. ural resources. areas that range from bicycles to en- Mr. Speaker, in the next few months, And now as we hit this campaign ergy conservation. The gentleman from people in the Northeast, including in year, the year 2000, GOP it used to Maryland is a distinguished member of my district, are going to be very vul- stand for Grand Old Party; but now it the Committee on Ways and Means. I nerable to heating oil prices; and we stands for the Gas and Oil Party. They am privileged to yield to the gen- have not done what we should have do not propose to first ensure that we tleman. done in this body in order to help my have more efficient society, that we Mr. CARDIN. First, let me thank the constituents and those in the North- bring out the waste that exists within gentleman from Oregon (Mr. east who are going to be suffering from the United States and the world in BLUMENAUER) for holding this special the high costs of home heating oil. terms of our consumption of oil. Their order. I think this is an extremely im- Quite frankly, as I listened last night first idea is let us go to the most pris- portant subject. to the debate, it is an important reason tine part of the entire country, the We are proud in Maryland that we be- why I hope my constituents and the Arctic natural refuge area and to begin lieve that a good energy policy is a voters around the Nation are very drilling, even though they still have good environmental policy, and they go much in tune to the energy issue as we not even begun to tap all the rest of hand in hand. We are very proud of our go into this fall election. There is a Alaska in terms of its oil production environment. We cherish our life-style major difference between the two can- capacity. in the Chesapeake Bay and other great didates. It is a ruse, in other words. They resources. We have great bike paths, What should we be doing? And I par- take every crisis not as an opportunity and we have great greenways. We want ticularly appreciate the gentleman to explain to America how we can use to make sure that we are energy suffi- from Oregon (Mr. BLUMENAUER) taking these natural resources more effi- cient and we are not today. this special order, because he has been I was struck last night in listening to ciently, but rather how can we now the leader in this Congress on livable the debate of just the dramatic dif- take the most precious part of the nat- communities. When I first came to ference between the two candidates on ural resources we have in the country, Congress, we were working on aspects energy. It could not be more dramati- in the Arctic, in these refuge areas, and of livable communities that came to a cally different. George Bush basically begin drilling there as well? They say, screeching halt under this Republican says that we can go into the pristine well, all we will leave is human foot- leadership. The gentleman has spoken areas of this Nation and continue to prints there. out to the fact that we want to have a I do not know why these environ- use more and more energy and oil in better quality of life here. We do not mentalists are concerned. But the this country, and we do not have a want to sit in traffic jams all day. We truth is that they have left a footprint problem. Whereas AL GORE made it do not want to waste a lot of energy over in Prudhoe Bay, and it is a human very clear that we do have an energy and waste a lot of our useful life by sit- footprint indeed; but it is an industrial problem in this country and, yes, it ting in a traffic jam for hours, as many footprint of despoliation of the envi- means trying to obtain as much energy times I do between Baltimore and ronment in that area. There has been as we can among ourselves, particu- Washington. no real protection given to the environ- larly with alternative fuels. ment. But it also means good conservation Once we get that high-speed rail in, Mr. Speaker, I thank the gentleman and good energy practices and dealing we do not have that problem. We need that desperately. We do need more in- from Oregon (Mr. BLUMENAUER) for with the energy problems that are out bringing this issue up at this point, be- there so that we can conserve energy in telligent transportation systems. Mass cause I think it is central to the con- this country and we can be more sen- transit makes sense, and we should be sideration of the American people, in sitive to our environment. looking at ways to improve the livable terms of which direction they want our During these past 6 years, we in Con- communities agenda. country to go in at this central point gress have been fighting the Repub- I am proud of Vice President GORE in our country’s history. lican leadership, basically trying to and his leadership on these issues to I think last night we learned that the stop some bad things from happening. talk about how we want our commu- first thing the oil industry wants to do We have not had the opportunity to nities to be. We, in Maryland, as the is go to the Arctic and to take this pre- move forward on an energy policy, be- gentleman knows, have the smart cious land and to begin the same proc- cause the Republican leadership has growth policy. Governor Glendening ess that they have already undertaken blocked it every step of the way. They has been the leader on that. It makes in Prudoe Bay, and I think that would are certainly in concert with George W. sense for us to develop smart growth be a historic mistake. Bush in that regard. and livable communities. It is good for Mr. BLUMENAUER. Mr. Speaker, I In 1995, you saw the energy efficiency energy, good for the environment, and appreciate the comments of the gen- programs cut by 26 percent by the Re- also good for quality of life for our peo- tleman from Massachusetts (Mr. MAR- publican leadership. I am sure George ple. KEY) and the gentleman from Maine W. Bush would be pleased with that; We should be doing that. We are not (Mr. ALLEN) talking about the shift the weatherization assistance cut by 50 doing that. We also should be talking that has taken place. The gentleman percent. about being more self-sufficient in en- from Maine (Mr. ALLEN) was concerned Then in 1997, the Committee on the ergy in this Nation, and we are not about being able to move forward in Budget recommended the abolishing of talking about that because we need a dealing with these power plants that the Department of Energy and that en- comprehensive policy. The Vice Presi- have not been complying with the ergy conservation be cut by another 62 dent is talking about that; the gov- Clean Air Act. percent over 5 years. Once again, I ernor from Texas is not. In Texas, they are proud of a vol- think the Republican candidate for Mr. Speaker, I very much appreciate untary approach. They have hundreds President would be very pleased with the gentleman taking the time here

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20698 CONGRESSIONAL RECORD—HOUSE October 4, 2000 this afternoon so that we can under- Ms. SANCHEZ. Mr. Speaker, I thank This is what people have to under- score some issues that we hope this Na- my colleague from Oregon (Mr. stand. America should really under- tion will focus on as we move into the BLUMENAUER), who truly heads the liv- stand what kind of a Governor this is, November elections. These are ex- able communities task force here in someone who really does not under- tremely important subjects. the Congress, a bipartisan measure to stand about planning, about quality of This Congress, this body, should be really try to do something about plan- life, about looking at how we raise our doing more on improving livable com- ning. In the area that I represent, we children, and that environment is just munities and improving our energy have a lot of natural beauty. We have not how pristine something is or how issues and hope that we can focus the the coastline of California. we put a monument someplace, but Nation in on these issues as we move And one of the things that really more importantly, it is about our lives, on to the campaign. I thank the gen- concerned me last night that Governor and it is about our children’s future. tleman for the time. Bush said was this whole thing about I thank my colleague, the gentleman Mr. BLUMENAUER. Mr. Speaker, I drilling in the Arctic natural wildlife from Oregon, for giving me some time appreciate the input of the gentleman refuge. Why? Because I have seen so to talk about Las Colonias. from Maryland (Mr. CARDIN). We have many attacks by the Republicans here Mr. BLUMENAUER. Mr. Speaker, I had a number of references to the de- to try to drill off the shore of Cali- appreciate the gentlewoman’s focusing bate last night. One of the more inter- fornia, something that we as Califor- in for us on the concern that we should esting debates that is going on is to lis- nians really do not want. have in terms of what the Bush admin- ten to our Republican colleagues de- We really want to make sure that we istration would represent based on bate with themselves on these issues of are not going to our natural preserves what has happened in two terms now of the environment and energy. to go after oil in that manner. the Governor of the State of Texas. I found it greatly amazing actually Mr. Speaker, getting back to this Texas, if it were a country, would when we had the Republican Whip, TOM whole issue of livable communities. have the world’s seventh largest emis- DELAY, barely a week ago calling the The communities that I represent are sion of carbon dioxide. Texas, under Strategic Petroleum Reserve a na- pretty built out, and it really is this the leadership of Governor Bush, has tional security asset and concerned point about planning, planning how we now seen that Houston has now about somehow it being played politics do transportation, planning how we do emerged as the number one city in the with. affordable housing, how we do the country in terms of pollution, air pol- Yet this was the same TOM DELAY housing and job mix there, how we lution, surpassing Los Angeles. We will who introduced legislation a year ear- have urban parks, where our children be talking more about that. lier that, along with abolishing the De- go and play. I am privileged to have join us for a partment of Energy, would have sold The most striking thing about Gov- discussion of these issues the gen- off the Strategic Petroleum Reserve, or ernor Bush’s record in Texas, 6 years of tleman from New York (Mr. HINCHEY), when we hear TOM DELAY accusing the being a governor there, and he has, the administration of playing politics with last time I checked, never visited an a valuable member of the Committee an intervention in the market that ac- area along the southern border to Mex- on Appropriations and someone who tually drove down the price. At the ico that is called Los Colinas. This area has been a leader in environmental pro- same time the gentleman from New in Texas has no planning. These are tection in this Congress. I yield to the gentleman from New York (Mr. GILMAN), the Committee on lots that are sold to individuals where International Relations, said that we there is no infrastructure. There is no York (Mr. HINCHEY). welcome the President’s announcement sanitation. There is no water line. Mr. HINCHEY. Mr. Speaker, I thank that he will release 30 million barrels Nothing. No highways, no arterial the gentleman from Oregon (Mr. of oil from the Strategic Petroleum highways, no local roads. Nothing. And BLUMENAUER) very much. I thank him Reserve. what you get is really a shanty, not particularly for organizing this special My colleagues will recall the same even a shanty town, but one shanty order today and giving us all an oppor- day the gentleman from Texas (Mr. home after the other, where raw sew- tunity to talk about an issue that is BARTON), the Subcommittee on Energy age is being spilled out there, where important to the gentleman, important and Power, was saying that he was water needs to be trucked in, where to me, important to many of the Mem- going to look at legislation potentially people are very, very poor. There are bers of this House, and I think impor- that would block this release. What probably about 300,000 people living in tant to all Americans. That is, the quality of our natural happened? Los Colinas, this area along the border. He spiked oil prices back up again; Mr. Speaker, a medium income of a environment, and particularly the con- the next day backing away from his family in a household, if you can call vergence of that issue with another one plan saying it is time. their house a house, is less than $8,000 that is also critically important, the Well, I appreciate my colleague, the a year. issue of energy, the issue of the avail- gentleman from Maryland (Mr. ability and the use of energy in the CARDIN), for talking about the question b 1445 United States currently, and as we that we have to try and deal with put- This guy has been Governor of Texas foresee the availability of energy here ting the pieces together, promoting for 6 years and he has not ever both- in our country and the use of those en- more livable communities, giving peo- ered to even go down and see what is in ergy resources on into the future. ple more choices. his own backyard? I have been to Las The convergence of these two issues Mr. Speaker, one of the leaders in Colonias more often than Governor is more than coincidental. They are in- Congress doing this is the gentlewoman Bush has. If this is the Governor’s idea extricably intertwined, the issue of from Orange County, California (Ms. of livable communities, his idea of protecting the environment and the SANCHEZ), our colleague who has lec- planning, his idea of how we pay for in- issue of the way we produce energy for tured at Harvard, who has toured var- frastructure, of how we place urban our critical energy needs. ious parts of the country, and who has parks, there are no urban parks in Las I watched the debate last night, also. one of the most challenging districts in Colonias, there is nothing. It is des- I heard in response to a question on the the country but has been active with titute. It is a lot. energy issue the Governor of Texas re- her local officials, with her citizens to There are not even roads decent spond that he felt that it was impor- help them from the government sector enough to make sure that children who tant for us to deal with the energy to be able to give them more choices live in a shanty in Las Colonias can get issue by expanding drilling and search- and more resources. to the schools, which are probably ing for new sources of oil. I am pleased that the gentlewoman miles away from where the children are I would simply point out that that is would be willing to join us in this dis- living. This is the record? This is what not going to solve our energy problem. cussion. I yield to her. he has to go on? He went on to say that we ought to be

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20699 drilling in the Arctic Wildlife National For example, we need to have CAFE lutants into the atmosphere, the num- Refuge, and that is a place where we standards for vehicles such as the ber one State in the Nation in that re- would obtain significant amounts of oil SUVs that are finding their way in- gard, seventh biggest. If Texas were a for our energy future. creasingly on the streets and highways country, it would be the world’s sev- There are two aspects of that sugges- of America. Sometimes I get the im- enth largest national emitter of carbon tion which deserve attention; first of pression that people who are driving dioxide; again, not an enviable record. all, the fragility of that environment. these vehicles think they are going to We have here what we are calling The Arctic National Wildlife Refuge is be taking a trip across the Kalahari double trouble. Since Governor Bush in fact one of the most fragile environ- Desert instead of driving around the took office, the number of days when ments on the planet. It is important urban area of Washington, D.C., just as Texas cities exceeded Federal ozone for us to protect it. In fact, it is an es- an example. standards has doubled. So the record of sential obligation on our part to pro- These vehicles, that get about 12 this particular Governor with regard to tect that fragile environment. miles to a gallon, are part of the prob- his husbanding of the environment in We have here a photograph which I lem, frankly. They are part of the prob- the state of Texas is a very poor one, hope the camera would take an oppor- lem because they are consuming pre- indeed, and one that I think we would tunity to focus upon so that those of us cious resources in a very flagrant and not want to see inflicted upon the here in the room, as well as people sort of careless and unthinking way. American people all across the coun- watching this, can get an idea of what So we need to have improved stand- try. the Arctic Wildlife National Refuge ards for our transportation needs. We I thank the gentleman very much for looks like. We can see from the pres- need to have improved standards for the opportunity to participate in this ence of wildlife and the presence of appliances. We need to have improved special order on an issue that is of crit- these huge and dramatic mountains standards for energy production facili- ical importance to the future of our and also the presence of the landscape, ties. country. we can get an impression of the fra- If we do that, we will find that the gility of that landscape. greatest source of new energy for the Mr. BLUMENAUER. Mr. Speaker, I It is important for us to protect frag- United States, both now and in the fu- appreciate the gentleman’s contribu- ile environments. It is also important ture, but particularly in the future, the tion to this discussion. I would just for us to be realistic about our energy greatest source of our new energy make two comments before turning to needs and where we are going to obtain needs, will be from conservation. We another of our colleagues. the energy that we are going to need, will have reduced the amount of fossil First, as bad as this Texas environ- both now and in the future. fuels that we are producing and there- mental legacy is, and it is, as the gen- If we were to accept the Texas Gov- by extended the life of the known tleman pointed out, awful, what con- ernor’s, Governor Bush’s, recommenda- available fossil fuels for our future en- cerns me more than anything is some- tion that we drill to the extent that he ergy needs. how Governor Bush’s lack of urgency would like to in the Arctic Wildlife Na- So energy conservation is the prin- about this. Where is his outrage about tional Refuge, what would be the re- cipal component of any rational energy what has happened to his State in the sults of that from an energy point of plan. In fact, it is the one absolutely last 6 years that he has been Governor? view? essential ingredient of any energy con- Where are his initiatives to try and do The results would be this. The max- servation or energy provision plan. We something about it? imum amount of oil that we could draw have to conserve. We have to use our I find the lack of passion on the envi- from the Arctic Wildlife National Ref- energy, the energy that is available to ronment inexplicable, and it is some- uge would supply the energy needs of us, much more intelligently and much thing that I think ought to be of grave the United States for approximately 6 more carefully than we have in the concern to every American. months. So what he is suggesting is past. I do appreciate the gentleman put- ravishing this very sensitive, critical, I would also like to call attention to ting up the picture of what we are talk- irreplaceable environment for a 6- some of the issues that the gentleman ing about with the Arctic National months supply of energy needs in our was talking about a moment ago with Wildlife Refuge. This, after all, was country. Obviously, it is a very foolish regard to the environmental legacy in something that was recognized as a na- notion. Texas. tional treasure by that radical Repub- Furthermore, the implication that Let me just read them here, because lican Governor, Dwight Eisenhower, in somehow this 6-months supply of oil I think they are very illustrative of the 1960, when he started setting aside would in some way supply our energy way in which this particular Governor these unique lands for protected status, needs for any significant period into has husbanded the resources of this America’s Serengeti. the future is obviously on its face just particular State of Texas. The Gov- absurd. ernor has had two terms down there. The gentleman has pictured on that So it is important for us to point out He has had an opportunity to establish beautiful scene of the plain some of the the factual circumstances surrounding the record. Let us take a look at the large caribou herds, 130,000 of them, these issues so that the American peo- record and see what it looks like. that calve and rear their young on that ple begin to get an understanding of We see first of all that Houston is coastal plain, that provide subsistence what this issue is all about and the di- ranked number one for the second year to indigenous people that have a right mensions of this particular debate: a 6- as America’s smoggiest city. That is an to rely on that, and could be destroyed months supply in exchange for the rav- honor that I think not many cities by the disruption of the herd. ishing of this environment. It simply would like to have. Houston is the The gentleman has pointed out, as makes no sense. worst city in America for smog. Texas has our colleague, the gentleman from On the other hand, Vice President ranks number one in the number of California (Mr. MILLER), that this ref- GORE laid out in some detail an energy chemicals polluting its air, and the ef- uge is much more sensitive than plan that will take us where we need to fect of that on the people of Texas is, I Prudhoe Bay, and that the American be. Any energy plan that is worthy of am sure, not very welcome. We cer- public, we have talked about 70 percent the name must have among its compo- tainly do not want to see that kind of of the American public opposes drilling nents major provisions for energy con- thing happen across the country. here, as advocated by Governor Bush. servation. We need to conserve more Texas ranks number one for the I find even more interesting that energy. We are simply expending too amount of toxins released into its at- Alaskans, who would stand to benefit much energy in our country. We are mosphere; again, not an enviable from the oil drilling, even Alaskans using it, and much of the way we use it record. In 1997, Texas released over 260 have a slight majority, according to is wasteful. million, 260 million pounds of toxic pol- the public opinion polls, that oppose

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20700 CONGRESSIONAL RECORD—HOUSE October 4, 2000 drilling in this precious area. It is obvi- President’s request and $95 million of issues that impact people in urban ously shortsighted and dangerous. I ap- below the current year funding. areas. The gentleman from New York preciate the gentleman focusing on it We are going backward in our fund- represents one of the most urbanized for us this afternoon. ing. In fact, since 1995, Republicans areas in the country and has been a Now it is my pleasure to yield to the have slashed funding for solar renew- champion of neighborhood livability, gentlewoman from California (Ms. able and conservation programs by a metropolitan livability, and Congress PELOSI), another of the environmental total of $1.3 billion below the Clinton being a better partner. champions in Congress, a woman who administration request. Mr. WEINER. Mr. Speaker, I thank has perhaps one of the most chal- I had much more to say about the the gentleman for yielding to me. lenging urban districts in urban Amer- Bush proposal, but he spoke for himself Mr. Speaker, I have to tell my col- ica, the one that is keenly environ- last night, as I say, in an old way about leagues it was almost before I learned mentally sensitive and concerned how we should go into the future, and the name of the gentleman from Or- about livable communities. I know there are other speakers here. egon (Mr. BLUMENAUER) that I had Ms. PELOSI. Mr. Speaker, I thank I just want to say that this issue learned to associate him with the idea the gentleman for yielding to me. I es- about how we take up this initiative of and concept of livable communities. I pecially want to thank him for his livable communities under the leader- want to thank him for taking this great leadership on protecting the en- ship of the gentleman from Oregon (Mr. time. vironment. It is an issue about con- BLUMENAUER), this issue about energy Mr. Speaker, I come from a commu- servation and it is an issue about and the environment are not just con- nity that one might think would em- health. His championship of the livable servation environmental issues. brace the idea of exploring any sources communities initiative is one that will Where I live, the environment is not of energy that we can find, perhaps serve our children well, and their chil- an issue in California. It is an ethic, it even including the Alaska Arctic Na- dren and their children. It is about the is a value. It is about our children’s tional Wildlife Refuge. Nothing could future. That is what elections are health. In other special orders, we can be further from the truth. about, especially presidential elec- talk about environmental health and I represent an area in Brooklyn and tions. how we are impacted by the air we Queens that has one of the largest So I was very disappointed to hear breathe, the water we drink, and what urban national parks in the Nation. We last night that Governor Bush was of- that means to our children’s health have come to appreciate it. It is not all fering old suggestions, last century and the rate of asthma among young that we would like it to be, but we do proposals, to challenges that we have children in African-American commu- see it as our little corner of the na- into this new millennium. nities and breast cancer among so tional park system. Livable communities, those are two many women across the board in our One would also think that, being words that the gentleman from Oregon community. from the Northeast where the demand (Mr. BLUMENAUER) has championed. I want to on behalf of my constitu- for oil has been so difficult in that high Community, that is what America is ents thank the gentleman from Oregon prices have caused so much harm to about: where we live, how we educate (Mr. BLUMENAUER) for his outstanding many of the senior citizens and those our children, where we go to work, how leadership on this issue and thank him on fixed incomes, one would think that we get there, the air we breath, the for giving this opportunity to point out any proposal to produce more oil might water we drink, how we take care of the difference between Vice President meet with favorable consideration. our families in a community. GORE and Governor Bush as far as the But, in fact, Governor Bush’s pro- Described by the word ‘‘livable,’’ future is concerned. posal last night to take one of our what could be more basic and more Mr. BLUMENAUER. Mr. Speaker, I most beautiful natural resources and commonsensical than that? must say that I appreciate the gentle- drill for a few weeks’ worth of oil and woman from California (Ms. PELOSI) do irreparable harm to our environ- 1500 b tying these pieces together, because as ment is not being met with very much That is what this discussion is about. she mentioned, under the notion of liv- responsiveness. Vice President GORE, along with House able communities, which the Repub- I will tell my colleagues one thing and Senate Democrats, favor long-term lican leadership has attempted to sort the Republicans should be credited for solutions about our livable commu- of pass off as somehow a war against is the diversity of their ticket. They nities. They propose solutions which the suburbs or citizens, trying to pry should be commended. The President reduce our reliance on imported oil and citizens from their cars, she pointed and Vice Presidential nominees come ensure a cleaner environment by sup- out that it is, instead, a broader con- from two completely different oil com- porting investments in renewable en- cept of how we tie the pieces together, panies. I think that diversity of oil ergy and energy efficiencies. how we make our families safe, healthy companies should not be confused with We House Democrats support that as and more economically secure. I could a real outlook and diverse outlook on well. We support tax credits for pro- not agree with the gentlewoman more. the way we should deal with our envi- ducing electricity for renewable This administration, the Clinton- ronment. sources, expanded exploration of clean- Gore administration has done more One does not have to look very far to er burning natural gas, consumer in- than any administration in history for see how Governor Bush would serve as centives to purchase energy efficient the Federal Government to be a better President. In 1997, in Texas, there was cars, trucks and homes by offering tax partner, whether it is the environ- a wide-scale review of the environ- breaks. mental ethic, as the gentlewoman from mental laws and the protections for In addition to investments in renew- California mentioned, that is being in- consumers in that State. able energy, we need to expand Amer- stilled in the Department of Defense, So who did Governor Bush appoint to ica’s transportation choices by invest- the General Services Administration, be on the panel to provide rec- ing in alternatives such as light rail, to the statements that the Vice Presi- ommendations? Representatives from high-speed rail, and cleaner, safer buses dent himself has made that indicates the oil and gas industry. They came and other forms of mass transit. These that, really, the best is yet to come if back with proposals that might stun are real solutions that benefit the con- we have an opportunity for him to some in this Chamber. They said that sumer and the environment and not serve as President building on this leg- the environmental protections in Texas the cycle of corporate welfare. acy. I appreciate the gentlewoman’s should be optional for many of the I think it is important to note that comments and her leadership. largest polluters in Texas. the Republican-led House appropria- Mr. Speaker, it is with great pleasure Well, perhaps, that is why over tion of $650 million for energy con- that I yield to the gentleman from New 230,000 Texas children are exposed to servation is $201 million less than the York (Mr. WEINER). There are a number pollutants every day because there is

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20701 over 295,000 tons of air pollution each ferences. The issues that affect livable industry, the mining industry, the oil year just in the 2-mile radius around communities and choosing between industry, the chemical industry are not schools in Texas. So it is not at all un- having a picture like this of pristine happy with these laws. usual to hear a proposal that would say mountains in Alaska or having an oil It does not matter if one lives in New let us soil the environment in Alaska. rig pulling into this part of the coun- York City, if one lives in the San Fran- He has been willing to do it in his home try, that is clearly what is at stake in cisco Bay area or Portland or lives in State of Texas as well. this election. I commend the gen- Upstate New York or one lives in the But this debate is not one that is just tleman from Oregon (Mr. BLUMENAUER) South or one lives in Florida. It does going on on the Presidential level. We for calling attention to it. not matter. If one is going to drill in here in Congress have been fighting it Mr. BLUMENAUER. Mr. Speaker, we the Arctic, what is it that keeps Mr. and the gentleman from Oregon (Mr. appreciate the gentleman from New Bush from drilling off the coast of Cali- BLUMENAUER) for longer than I have. York (Mr. WEINER) adding his voice and fornia where the citizens have said no, There were calls in this Chamber his concerns. off the coast of Florida, off the coast of over and over again to reduce the Mr. Speaker, I yield again to the gen- the Carolinas, where people have said amount that we fund for renewable en- tleman from California (Mr. GEORGE no we do not want our areas spoiled. If ergy. In fact, George W. Bush on Sep- MILLER). he is prepared to go into the Arctic Na- tember 22 said that we should spend Mr. GEORGE MILLER of California. tional Wildlife Refuge, what keeps him more for energy conservation. He Mr. Speaker, just quickly, because I from going off the coast of Florida and would not have probably voted yes on want to follow on a point that the gen- California? any of his Republican colleagues’ budg- tleman from New York (Mr. WEINER) What keeps those places from being ets that pass through here because con- made, and that is that this is not an drilled today? The Clinton-Gore admin- servation programs have been funded abstract discussion. As he has pointed istration, because they are the ones, by over $1.3 billion under the Presi- out and as other speakers have pointed they are the ones that have continued dent’s request since 1995. out, when Governor Bush says that his to fight for those moratoriums. In 1995, Republicans cut energy effi- answer is to drill in the Arctic Na- Mr. BLUMENAUER. Mr. Speaker, I ciency programs by 26 percent. For tional Wildlife Refuge, that is a matter do hope that this will be an oppor- those who say we should see around the that has been proposed and has been re- tunity over the course of the remaining corner a little bit to see these problems ported out of committee by the Repub- month of this election for the Amer- coming, it is clear that that was not licans in the United States Senate. ican public to focus keenly on these going on in this Chamber. If Repub- The reason it will not happen this issues. I think the record is clear. I licans did not cut the weatherization year is because of the veto threat of think that goals that the American public want are available to us, and I programs in this country, over 250,000 the Clinton-Gore administration not to am hopeful that they will figure large- more households today would have the do it. But that is what stopped it the ly in the result next November. benefit of those programs, reducing our last couple of years. This is not some- dependency on oil and, frankly, energy thing that people are thinking about f of all kinds and increasing conserva- later on. They are actively trying to do H–1B VISA LEGISLATION PASSES tion. it. We have seen it in our committee, IN DARK OF NIGHT Repeatedly around here we have in the Committee on Resources. The SPEAKER pro tempore (Mr. We have seen effort after effort re- heard calls by Republicans that say do ISAKSON). Under a previous order of the not do anything to support domestic ported out by the Republicans in the House, the gentlewoman from Texas producers when prices are low. It was Congress to undermine clean water, to (Ms. JACKSON-LEE) is recognized for 5 almost comical to listen to the Repub- undermine clean air, to undermine the minutes. licans grind their teeth and gnash their Endangered Species Act, to undermine Ms. JACKSON-LEE of Texas. Mr. teeth and wring their hands about the the Superfund Act. The reason they Speaker, obviously we are having the release of petroleum from the Stra- have not become law is because of the opportunity to have vigorous discus- tegic Petroleum Reserve. Clinton-Gore administration because sions on the floor of the House. But, Putting aside that George Bush, Sr. they say they will not accept it, that Mr. Speaker, I want to draw my col- did a similar thing, and at the time he they will veto those bills, and the Re- leagues’ attention to the time. It is 3:15 said it was to stabilize economic pres- publicans have to back down. Eastern Standard Time, and we are sures, the idea that we have tried to Just in the bill we passed yesterday, now engaged in what we call special or- encourage, especially those of us in the there were over 20 damaging environ- ders, an opportunity to speak to our Northeast as a time when oil was inex- mental riders on that bill. This is not colleagues and others on very impor- pensive, was cheap, we did not seize the abstract. That was yesterday on a vote. tant issues. opportunity to increase the amount The reason those riders did not end up I raise this point of time because yes- that we had in reserve. Why did we not on that bill is because the President terday in the dark of evening, with do that? Because Democrats were pro- and the Vice President said they would barely a 10-minute to 15-minute notice, posing it and the Republicans were not accept them. it was found necessary to bring to the continually shooting it down. Now think, now think of Washington, floor of the House a major piece of leg- So as we watch this debate go on on D.C. and we have President George W. islation disallowing any debate by the the Presidential level, we have to re- Bush. No threat of a veto. Agreement procedure of suspension which dis- member that, in each and every one of on this policy. What do we end up allows debate and amendments to im- our congressional districts, this debate with? We end up with, like the gen- prove on the status of the legislation, should be happening on a smaller level. tleman from New York (Mr. WEINER) and it passed in the dark of night with It is often said, in conclusion, Mr. pointed out, we end up looking like no official rollcall vote. That legisla- Speaker, every 4 years we hear our con- Texas. We end up looking like Texas. tion is H–1B nonimmigrant visas. stituents say, ‘‘You know what, every 4 That is not what America wants. It is Let me say, Mr. Speaker, I realize years it seems like the candidates are completely out of step, not with the that there is a great need to deal with getting closer and closer, and it seems Democrats, but with America. Amer- the necessity of employment in our like one giant party in this country. It ican people do not want this kind of en- high-tech industry. In fact, as I look at seems like we are choosing the lesser of vironmental wrecking crew ranging the cap, the number of H–1B visas that two evils.’’ across the very bedrock laws of this would have been allowed, 195,000, I am This year, even the most creative Nation that protect our environment, sure if we would have been allowed to thinker cannot say that about these that protect our quality of life, that debate this legislation, we might have two candidates. They are very far protect our communities, and just seen a consensus of increasing the apart. There are extraordinary dif- throwing them out because the timber number.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20702 CONGRESSIONAL RECORD—HOUSE October 4, 2000 But yesterday, our Republican ma- high-tech industries to at least docu- high tech labor market. There is nothing in the jority saw fit in the dark of night to ment that they were not displacing an current bill that ensures that. Democrats or bring it up when many Members were American worker. Can we do any less? Republicans did not get a chance to offer any not noticed about it. What we find that And then, Mr. Speaker, I would like amendments; we were not afforded an oppor- has occurred, Mr. Speaker, is that to cite Mr. John William Templeton, a tunity to go to the Rules Committee; and we American workers go longing. co-convener of the Coalition for Fair were not allowed to effect the process, to American workers are not protected Employment in Silicon Valley: ‘‘It is change the legislation. Democracy was absent by ensuring that those who come into asserted that the digital divide has be- in the consideration of this bill. this country have the minimum salary come a convenient excuse for some I would have surely offered an amendment being paid to them so that they do not firms to avoid training and hiring his- that would require the H–1B employers to re- come in and be underpaid what Amer- panic and black workers. Instead, these port to the Department of Labor how they are ican workers can have. There is noth- companies prefer to hire foreign work- recruiting and hiring American workers, par- ing in the bill that requires employers ers, such as those brought in under the ticularly those who are members of under rep- to recruit or hire or train American H–1B program, who often command resented minority groups. I do not see any- workers. lower salaries.’’ That is unfair to them thing wrong with holding the High-tech com- as well. munity accountable for not only who they hire, b 1515 So, Mr. Speaker, I offer my enormous but who they do not. It is known that African American disappointment and my commitment I am very concerned about raising the cap workers are only 11 percent of the to continue working until the last day of these H–1B visas. Although it is true that in high-tech industry, and they continue of this session to make sure that Amer- recent years the high tech industry has fueled to be underemployed. There is nothing icans as well as those who are needed enormous growth in the United States and has in the bill that requires the high-tech by the industry are treated fairly; that benefited the corporate information tech- industry to file their EEO–1 forms just our institutions of higher learning, nology, and raising the cap on these types of to ensure us that they are hiring His- who voluntarily want to participate in specialty workers should include an increased panics, African Americans and women the high-tech industry, can get in- commitment to training of U.S. workers. The and other minorities. There is nothing volved and that we can close the dig- growing workforce of our country and the in the bill that requires employers to ital divide and ensure that those who strength and growth of the high tech industry take constructive steps to recruit are here, who want to be trained, our in particular can be met effectively by fully de- qualified American workers and to children in schools in both urban and veloping the skills of our own workers as a cross-train and to work with Hispanic- rural areas, Mr. Speaker, can be the first priority, before hiring highly specialized serving institutions and historically kind of skilled workers that will pro- foreign workers. We can have the best of both black colleges. There is nothing in the vide the employment base for the high- worlds—expert foreign workers (which create bill which requires the employers to tech industry. more jobs in America) and trained professional comply with the Department of Labor Good Evening, Mr. Speaker. I approach the American workers prepared to work in the most sophisticated sectors of the Hi-tech in- regulations, and there is nothing in the debate on the H1–B visa program with a very dustry. bill that provides fairness and amnesty heavy heart. Why? Because I have spent a for certain of those who are requiring There has been a lot of discussion in recent considerable amount of time this year in my months about including immigration provisions such. capacity as Ranking Member of the Sub- But my point, Mr. Speaker, is this. with the H–1B legislation. On the Senate side, committee on Immigration and Claims in trying they call it L.I.F.A., the Latino Immigration This bill was worthy of a vigorous dis- to come up with a reasonable H–1B bill that cussion. There is nothing in the bill Fairness Act. The work ‘‘fairness’’ is in the title would protect American workers and meet the because how can we possibly lift the cap, and that deals with how do we help rural needs of the business community. Americans. Even though the economy bring in 585,000 foreign hi-tech workers, and I have said on numerous occasions, that I ignore the people who are already here? is booming, there are certain pockets support the Hi-tech industry but I also support Where is our sense of justice, of equality, of of our Nation where there is double- our American workforce. I worked very hard in fairness? This H–1B legislation should have: digit unemployment. I believe the the House Judiciary Committee to come up provided relief to late amnesty applicants who high-tech industry has a lot to offer, so with a bill that would protect American work- have significantly contributed to the American it would have been prudent for us to be ers, and I am saddened that the bill that economy; providing parity through the 1997 on the floor of the House to tell the passed yesterday evening falls short of that NACARA law by offering amnesty to Salva- American worker we are not forgetting requirement. The bill that passed out of the dorans, Guatemalans, Hondurans, and Hai- them; that as we bring in necessary im- Judiciary Committee contained provisions that tians. migrant workers on nonimmigrant compelled employers to take certain steps that Our immigration law contains a provision- visas from other countries that we would protect American workers. However, called ‘‘registry’’—that gives immigrants who value their contributions. what is most glaring for me are the lack of any have been here without proper documents an This is not an effort to start a bash- provisions that protect minority American opportunity to adjust to permanent status if ing of those who serve well in this in- workers who are grossly under represented in they have been here for a long enough time dustry, but it is a disappointment to the High-tech industry. Nothing in the bill es- and have nothing in their background that me that those of us who had other tablishes an opportunity for the hi-tech indus- would disqualify them from immigrant status. viewpoints, among the many pieces of try to work with HBCU’s and Hispanic-Serving This year, a bill that I have sponsored, H.R. legislation that could have been offered institutions and recruit minority workers. 4172, the ‘‘Legal Amnesty Restoration Act of in amendments, we were not given the African Americans are especially impacted 2000’’, is before the Congress. This legislation opportunity. Therefore, our constitu- by discriminatory hiring practices in the infor- updates the cutoff date for the ‘‘statute of limi- ents are left in the dark, holding the mation technology field. Data from the Bureau tations,’’ which is now set at 1972. In fact, the bag of unemployment because this Con- of Labor Statistics show that the hiring of Afri- majority of immigrants who would benefit from gress refused to discuss major legisla- can Americans in high technology has im- updating the registry date are those who quali- tion impacting Americans in the broad- proved only slightly during the past decade. fied to apply for legalization in the mid-1980s, ness of light. According to a 1999 report, Silicon Ceiling: but the Immigration and Naturalization Service Interestingly enough, there was a Solutions for Closing the Digital Divide, ap- (INS) misinterpreted the law. If their applica- legislative, a particular initiative, that proximately 80% of the high technology com- tions had been accepted and processed prop- included in that the employer would panies in Silicon Valley do not file EEO–1 erly when they should have been, many, if not undertake an obligation not to displace forms or affirmative action reports with the most of these immigrants would already be United States workers, obligation of Joint Reporting Committee representing fed- citizens. It is unfair and incorrect to refer to petitioning employers. So there was eral civil rights enforcement agencies. Clearly these people as ‘‘illegal aliens.’’ language in another bill that did not there’s work to be done to ensure that African Instead, they have been fighting the immi- get discussed that would require those Americans have fair access to the lucrative gration bureaucracy for more than a decade

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 9920 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20703 and are now threatened with deportation. The tleman from Colorado (Mr. MCINNIS) over at least a 20-year period, there has provisions in my bill which should have been and the other Members on the other been a troubling trend, a trend that af- included with the H–1B legislation, or consid- side who are allowing me to proceed. fects the very quality of their life. Dur- ered for independent House floor action would Mr. Speaker, last night, under the ing these 2 decades, income and wealth ensure that the registry provision is continu- cloak of darkness, without notice, inequality, the disparity in income and ously updated by moving the registry cutoff without the opportunity to participate wealth due to wages, accumulated date to 1986. If these people are not given re- by voice vote on an unwritten suspen- wealth, investments and returns, have lief, hundreds of thousands of people will be sion calendar, after we had been told been well documented. forced to abandon their homes, will have to there would be no further votes for the It is an alarming and disturbing separate from their families, move out of their day, at a time when most Members had trend because among those rural Amer- communities, be removed from their jobs, and left the Chamber for evening activities, icans left behind, fewer can afford return to countries where they no longer have the House passed S. 2045, legislation re- healthy meals, fewer can afford health ties. lated to the increase of H–1B visas. care for their families, and fewer can The Congress also needs to address Cen- I was not necessarily opposed to the afford a college education for their tral American and Haitian parity. It is long past bill, formally entitled the American children. It is an alarming and dis- time to offer Salvadorans, Guatemalans, Competitiveness in the 21st Century turbing trend because rural America Hondurans, and Haitians the same opportunity Act. I was opposed to not having a de- has been disproportionately affected. to apply for permanent residence as was ex- bate about it. Consequently, rural America lags far tended to the Nicaraguans and Cubans in But with such vitally important leg- behind other communities in personal 1997. Because immigrants from these coun- islation, in an area of critical impor- access to the Internet as well as the tries have experienced similar violence and tance to this Nation, immigration pol- total use of the Internet. hardship, it is unjust to continue providing un- icy, this House should have had a This disparity exacerbates the per- equal treatment. Additionally, while these im- chance to debate this matter, air the sistent poverty, high unemployment, migrants have been waiting for their cases to many views that emerged during the inadequate health care and education be resolved, they have been contributing to House committee consideration of a resources. Thus, as the economy rap- idly expands, rural communities find our economy and are needed to support the similar measure, and voted in the light that it is far more difficult to partici- workforce needs of this country. of day on the bill. I believe that the current high demand mar- It is wrong, Mr. Speaker. It is inex- pate. Moreover, technological advances, which ket for certain technical specialities is that it cusable. And the American people de- could provide some solutions to these condi- should encourage us to retrain displaced serve to know what some in this House tions, elude rural communities because of dig- workers, attract under represented women and did. The Senate bill increased H–1B ital disenfranchisement. Such advances as minorities, better educate our young people, visas, in the light of day, to allow some telemedicine, distance education and elec- and retrain willing and able older workers who 200,000 additional high-tech workers to tronic government, depend upon Internet ac- have been forced into unemployment. come to America from other countries, to work over the next 3 years. I had cess. I am very pleased that Section 12 of this bill It is clear that the competition among serv- amendments prepared to expand this provides much needed funding to help close ice providers that is driving the Internet explo- legislation to provide these same em- the Digital Divide by putting computer learning sion is not as concentrated in rural commu- ployment opportunities and training centers in Boys and Girls clubs across the nities. The lack of population densities, the ab- opportunities to the United States country. I sponsored and introduced with Con- sence of essential infrastructure and the fact workers in rural communities. gressman LAMAR SMITH H.R. 4178, the ‘‘Kids that rural communities are often spread over Professionals who work in specialty 2000 Act’’, that would authorize $20 million great distances are reasons cited for this lack occupations are admitted to the United from the Violent Crime Reduction Trust Fund of enthusiasm. Even the Department of Com- States on a temporary basis through each year for the next five years to operate merce has concluded in its Report, ‘‘Falling the H–1B visa category, the largest cat- the PowerUP program in Boys and Girls Clubs Through The Net,’’ that, ‘‘Disparities clearly egory of temporary foreign workers. across the country. I am pleased that the exist (and) . . . access comes hardest for The increase was pushed by many in exact language from both my bill and the Sen- Americans who are low-income . . . less edu- ate companion version is in this bill. the business community, especially cated, single-parent families, young heads-of- This bill does not have language to ensure those in the information technology households, and (those) who live in the South, proper training of our incumbent workers. I be- area, which is experiencing an eco- rural areas and central cities.’’ lieve we need more workers and we need to nomic explosion and unprecedented job However, these barriers should not, must train more American workers as I come from growth. not remain as impediments. A rising tide a city that has over 1000 companies that spe- The amendments I had prepared should lift all boats. cialize in information technology. This should would have made sure that those living It is for these reasons that this House be a non-partisan issue. in rural America would have the oppor- should have had the opportunity to debate, In conclusion Mr. Speaker, we need to ap- tunity to secure a position in this rap- vote on and support amendments that would proach the H1–B visa specialty program with idly expanding job market before em- require education and training for American two eyes wide open. One eye focused on ployers look outside the United States citizens who reside in rural and other de- looking out for our American workers to en- to bring in foreign workers. Not that pressed areas; amendments that would re- sure proper training, and the other eye fo- we are against bringing in foreign quire both public and private sector entities to cused on the under representation of minori- workers, we just want the same oppor- make reasonable and diligent efforts to find ties and women in the high tech industry who tunity for those who live in rural American citizens who are willing to be trained currently comprise our American workforce. America. in information technology positions; that would I support H–1B visas, to improve our hi-tech The House Committee on the Judici- raise the H–1B visa fees; and that would use industry but I also support our American work- ary marked up and reported H.R. 4227, those increased revenues to, in part, carry out ers. Thank-you Mr. Speaker. the Technology Worker Temporary Re- the other amendment mandates. f lief Act. Among the many bills intro- Mr. Speaker, this House has not had the will duced, there were three others related to pass a modest increase in the minimum H–1B VISAS to the same subject, increasing numer- wage, an increase to help move millions of The SPEAKER pro tempore (Mr. ical limitations on H–1B visas, that America’s workers out of poverty. But we did ISAKSON). Under a previous order of the also should be considered. Those bills find the will to pass a bill that mandates that House, the gentlewoman from North were H.R. 3983, H.R. 4402, and H.R. 4200. foreign workers earn a minimum of $40,000 a Carolina (Mrs. CLAYTON) is recognized Despite the rosy economic picture in year. That is what the H–1B Bill that passed for 5 minutes. America, too many Americans are provides. Mrs. CLAYTON. Mr. Speaker, I want being left out. For those Americans, Late last night, Mr. Speaker, those who to express my appreciation to the gen- many of them living in rural America favor large business interests won. But, the

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 9920 E:\BR00\H04OC0.001 H04OC0 20704 CONGRESSIONAL RECORD—HOUSE October 4, 2000 American people, especially those who live in OIL DRILLING IN ALASKA b 1530 rural America, the many willing and able un- The SPEAKER pro tempore. Under a We must consider the production and employed workers and this Nation, lost. previous order of the House, the gen- the refining capability, and this Nation It is clear, Mr. Speaker, that rural tleman from Alaska (Mr. YOUNG) is rec- with this administration has not done. America indeed lost. In fact, the Na- ognized for 5 minutes. I am going to suggest respectfully tion lost. Indeed, I think we should Mr. YOUNG of Alaska. Mr. Speaker, I that there is no energy policy. I have make an opportunity for American rise today to refute some of the com- said it once and I will say it again. The workers as well. ments that were made previously on only energy policy this administration f this floor by Members of this House has had is to be on knee pads begging TRIBUTE TO LT. BRUCE JOSEPH that know little about what they talk OPEC to produce more oil. DONALD about, and that is energy and energy That is not America. It is for us to policy. set a policy, it is for the next President The SPEAKER pro tempore. Under a I noticed the gentleman from New to set a policy to make sure that we previous order of the House, the gentle- York was talking about the fragile en- are no longer dependent upon the woman from New York (Mrs. KELLY) is vironment in Alaska. He showed a pic- OPEC countries. recognized for 5 minutes. ture, very frankly, that is not the area Coal, massive amounts across the Na- Mrs. KELLY. Mr. Speaker, I rise which would be drilled in Alaska that tion and Alaska being discouraged. Nu- today to honor a man from my district, George W. Bush suggested last night. clear is not being utilized. It is being Lieutenant Bruce Joseph Donald of He showed a picture that is far south. shut down. Natural gas, the demand Poughkeepsie, who was killed last Fri- This is the area of Prudhoe Bay, 74 has gotten so high now gas has gone day when his F–18 Hornet strike fighter miles away from the 1002 place where from $2.15 a million to, in fact, $5.40 crashed in the Persian Gulf. we would drill. today. Now, that to me is wrong. Lieutenant Donald, known by his call If you notice the caribou here are If we can find, which we know we sign, ‘‘Straydog,’’ was a 1995 graduate around the oil rigs. In fact, our caribou have when we are given the opportuni- of the Naval Academy where he earned herd has increased tenfold from where ties and areas are open, we can become a Bachelor of Sciences degree in Ocean it was prior to the exploration in at least 50 percent dependent upon our- Engineering. Following graduation, Prudhoe Bay, which provided to this selves. And my colleagues out there Lieutenant Donald spent 6 months at Nation of ours every bottom barrel think businesses can be run with 57 his alma mater on temporary duty that has been delivered of the 16 billion percent of their companies owned by prior to being sent to Pensacola, Flor- barrels of oil. That is 16 billion barrels someone else, if they think they can do ida, to begin preflight indoctrination of oil that you would not have to im- what they want to do when 57 percent training. Afterwards, he traveled to port from the OPEC countries. is owned by someone else, they are Corpus Christi, Texas, for primary You have to keep in mind, Mr. and sadly mistaken and know little about flight training, and then completed ad- Mrs. America, that we are now so to- business or the economy. vanced jet training in Kingsville, tally dependent on oil, approximately And that is where the United States Texas. 57 percent this year, that if there is not is today, 57 percent today, 60 percent According to his superior officers, a policy change, it will be 60 percent by by the year 2005 unless there is a Lieutenant Donald performed excep- the year 2005. change in the energy policy. tionally during flight school and, in I watched the debate last night, and My State, yes, is an energy-pro- February of 1998, he earned his Wings everybody else watched the debate, and ducing State. Thank God for that. It of Gold and an assignment to F–18 re- I would suggest respectfully that was on this floor in the House right placement pilot training at VMFAT– George W. Bush’s idea about energy here in 1973 that we passed the pipeline 101. Having successfully completed re- production is vital to you. As you are bill that delivered to this Nation 16 bil- placement training, ‘‘Straydog’’ re- sitting watching this, if you are a sen- lion barrels of oil spent in our country, ported to VFA–25 in July 1999. ior citizen and worrying about heating not spent overseas, in our country. And As a member of the ‘‘Fist of the oil prices, right now we are importing, to show my colleagues the results, the Fleet,’’ he excelled as a strike fighter keep in mind, about a million barrels a caribou herd is stronger, the environ- pilot and served as the squadron’s day from Saddam Hussein. The area ment is safer. And very frankly, this naval aviation training and operations which we would like to explore, which Nation needed it badly in 1973 because procedures standardization officer, air- is 74 miles away from the pipeline, 74 of the embargo; and it needs it today. to-ground training officer, coffee mess miles, has the potential, has the poten- I ask America to wake up about en- officer, and landing signals officer. tial, of 39 billion barrels of oil. We ergy. Think about where we are going Lieutenant Donald was an exceptional could increase the production, going to be if we do not change that policy. pilot with sound judgment and was a through the present pipeline, about a George W. Bush mentioned it last night designated combat section leader. million barrels a day, equal to what we in the debate. We must have an energy Although we live in a time of relative are importing from Saddam Hussein. policy today that increases the devel- peace, we must never forget that the We would not be dependent upon the opment and the production and the men and women who serve this Nation OPEC countries. But that is just a ability to refine our energy policy. are constantly putting their lives on small part. Alaska is just a small part. f the line. We owe a tremendous debt to This administration, the Vice Presi- these men and women and to their fam- dent and the President himself have NIGHTSIDE CHAT ilies who love and support them closed 34 refineries since 1992 in the The SPEAKER pro tempore (Mr. through their training and deploy- United States of America. The Vice TANCREDO). Under the Speaker’s an- ments so that we may continue to live President asked us to use our reserve nounced policy of January 6, 1999, the in a world of hope and the promise of to lower the prices, which it will not do gentleman from Colorado (Mr. peace. so. But as we do take that oil, if he is MCINNIS) is recognized for 60 minutes. Having dedicated much of his young successful in his attempt, the oil will Mr. MCINNIS. Mr. Speaker, I have life to the service of this Nation, it is have to be shipped and refined in Ven- listened a good deal to the previous only fitting that Lieutenant Donald ezuela and then shipped back to the comments, and I was wondering if the can be commemorated here. Lieuten- United States because they have dis- gentleman from Alaska (Mr. YOUNG) ant Bruce Donald is survived by his couraged the building of new refineries. could answer the question or go into a parents, Patrick and Elaine Donald, his The refineries themselves we have in little more depth about the specific brother Brian, all of Poughkeepsie, place are running around 95 percent, area in which this exploration has New York. I offer the Donald family which is unhealthy for the refineries taken place. and their friends my deepest condo- because it is hard to maintain them at It sounded as if it was in the middle lences. that level. of a national park in the middle of a

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wildlife refuge. I thought maybe it Mr. MCINNIS. Mr. Speaker, if the ergy policy, none whatsoever. And if would be interesting to hear from the gentleman does not mind, as the gen- they want to read an interesting book, gentleman just the dynamics of Alas- tleman knows, our colleagues that read AL GORE’s book. He wants to de- ka, how much of the land is owned by were up here spent most of an hour stroy the combustible engine, put ev- Alaska, and maybe compare the size of speaking about what a traumatic situ- erybody on bicycles, like they are in Alaska to Texas for example. And so, I ation this was and how terrible this China. And yet the other day he said think the comments of the gentleman was going to be; and I do not think it we have got to lower the price of gaso- are very appropriate. was held in its proper perspective. So I line because it is hurting our economy Mr. Speaker, I yield to the gentleman think if the gentleman, for example, and the people. from Alaska (Mr. YOUNG). would not mind going in a little more The reason the prices are high is be- Mr. YOUNG of Alaska. Mr. Speaker, I detail. cause the policy they have is to go to thank the gentleman for yielding. I am He said, when the original plan was the OPEC countries and beg them to glad he asked that question. Because drafted or the bill was passed, there produce more oil. If we were producing the area which we are talking about, was an area that was set aside for ex- our own oil, then we would not have to the area called the 10–02 Area in the ploration. My understanding is now, beg, they would be producing at a level Arctic National Wildlife Range, is a when we talk about the 19 million which we would be producing it and the very small part of 19 million acres. It is acres, the gentleman said there is 1.2 price would be stabilized. approximately 1,200,000 acres. And of million, but we are only talking about Mr. MCINNIS. Mr. Speaker, reclaim- that 12,000 acres would be disturbed. 12,000 acres of 19 million. Is that cor- ing my time, I might point out that But it is only 74 miles away from the rect? while the Vice President has proposed existing oil field and pipeline, 74 miles, Mr. YOUNG of Alaska. It would be in the last couple of weeks because, which is a very small distance to tie 12,000 acres of 19 million will be totally one, we are in a political season and, these two areas in. disturbed by mankind. The rest of it is two, the price of gasoline has escalated It is an area that this Congress set wilderness. rather dramatically, if we look at the aside when they passed the Alaska Na- By the way, the Congress set this Vice President’s writings on his policy, tional Land bill by Senator JACKSON area aside because they knew the oil his policy actually is to increase the and Senator STEVENS because we knew was there. And that is one of the rea- taxes. It is clear. I am not taking this the potential of the oil being there. sons it should be opened up. out of context. His policy is you raise And by the way, Mr. and Mrs. America, To give my colleagues an example, in the price, you put more taxes on gaso- this is your oil. This is not the State of the last 10 years we have lost actually line; and that is the only real policy I Alaska’s oil. 77 percent of our oil rigs because this have seen. My goal is to try to make us more administration has not promoted oil But let me shift gears for a moment. independent so we are not dependent development. They have asked us to be If the gentleman would not mind, I on the foreign countries. This very dependent upon the foreign country. know I am taking the time of the gen- small area that is not, by the way, the The domestic oil and gas industry has tleman, but I was wondering if the gen- pristine area that people talked about, lost 500,000 jobs in the last decade. tleman would not explain, when we it is probably the most hostile area. It is ironic to me in this political talk to our colleagues here about the And that is why I referred to the pic- arena in which sit, Mr. GORE, the Vice pipeline, if he would explain a little ture that the gentleman spoke before President, says, big oil, big oil is bad. more about what the pipeline consists me about ANWAR was a picture that Foreign oil is good. Big oil is bad. Buy of, how that project was handled and was false, false, false. it from the foreign countries and be de- how they addressed the environmental I want people to remember that. It is pendent. That is good. Let us be domes- issues when they put in ANWAR. Talk a made-up picture or a picture taken in tically dependent on the other coun- a little bit about that just to acquaint the southern part of that 19 million tries. No, that is bad. our colleagues with what is going on in acres. And I ought to know because I So I am suggesting that Alaska Alaska. live in that area. And so, when people wants to contribute to the ability of Mr. YOUNG of Alaska. Mr. Speaker, I say we are going to destroy the envi- this country not to have to respond to was the sponsor of the pipeline bill; and ronment, and I listened to the Vice the OPEC countries. And we are so it passed August in 1973 because we President talking about destroying the close, 74 miles away. Remember, the were in an embargo. The OPEC coun- crown jewel, Alaska is the largest pipeline is 400 miles long. We have the tries placed an embargo and our gaso- State, 21⁄2 times the size of Texas. potential of 39 billion barrels of oil, and line went from 23 cents to 54 cents, and We have more wilderness than any that is the largest reserve we know in we were frankly out of oil. other area in the United States includ- the United States today. We passed it here in 1973. We told the ing all the States put together. We And yet we have people talking about companies to build it in 3 years, and have more pristine areas in the State destroying the environment. The envi- they did; and in 1976 they had the first of Alaska than any other area. They ronment will not be destroyed. But barrel of oil that flowed through that will never be touched by man. But this keep in mind, what right do we have as line. And by the way, it all went to the one area has the potential, very small Americans to buy oil from Russia, and United States. It did not go to Japan. as it is, to provide for the Nation itself yes, we are doing that; to buy oil from All of it went to the United States. so we are not dependent upon the the OPEC countries? Do they have any And we have produced about 16 billion Sadam Husseins a million barrels a day safeguards? They do not. They spill barrels of oil. for the next 100 years. more oil in Russia in one day in the At the crisis of the Gulf War, for in- Now, keep that in mind what I have pipeline than we did in the Exon stance, we were producing 2,200,000 bar- just said, by the next 100 years. Some Valdez. And yet we want to buy oil rels a day. It averaged a million barrels people say I am exaggerating, that it is from foreign countries to feed our ap- a day. It has the capacity of 2 million not true. This is exactly fact. And petites, that I would agree with. But barrels. But we put that pipeline in when someone says, we do not need the each day we stop domestic production with all the safeguards that we can oil, it is only 6 months’ times, that makes us more dependent, more re- possibly have available in those days. means we have no other production and sponsive to the foreign desires. And That has been a long time, approxi- would be totally dependent on Alaska they can run that price up. mately 28 years ago. and we never ever expected that. But If my colleagues want to blame We put crossings for caribou to cross we should be able to provide at least somebody for the high price, blame this over at the cost of about $50 million. that million barrels a day so we do not administration. Blame this administra- And by the way, they do not use them. have to buy it from Sadam Hussein. tion for really discouraging domestic They crawl under the pipeline because That is what is important to me. production. They do not have an en- they like to be under the pipeline.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20706 CONGRESSIONAL RECORD—HOUSE October 4, 2000 The caribou herd has increased dra- herd, the porcupine caribou herd and the number one problem in America matically many fold over. Actually, how their calving area will be dis- today and threatens our freedom and the wildlife all the way around has in- turbed. And I have said all along, car- our security because in the last 8 creased. We have had, they say, a thou- ibou calve when they want to calve and years, we have allowed this administra- sand spills. That is pure poppycock if I where they want to calve. And guess tion to direct us with their policy to may say so. Because up there they call what, the last 2 years they have not become dependent upon foreign coun- it a spill and they are very good about calved anywhere near this area we tries. I am trying to offset that. Any- reporting it. If there is one drop of oil want to drill in. body that steps up here and talks about somewhere from a squirt gun or an oil The myth that is put forth by inter- my State and how bad it is in ANWR can or the bottom of a truck, that is est groups to somehow say we are bet- and the Arctic wildlife range has never reported. ter off buying oil from other countries been there, they know little of it, and There has been no major spill at all where they do terrible damage environ- they are speaking the word of a written in this pipeline from the time it was mentally with no safeguards when ours booklet from an interest group that constructed. The one people hear about have all these supervisional agencies wants us to become more dependent is the Exon Valdez. That was the re- over them is wrong. upon foreign fossil fuels. As we become sponsibility of one man, one captain And each one of you, Mr. and Mrs. more dependent, we have to respond to that made an abrupt turn; and why we America, as you go up to that pump, their desires. Maybe it could be nega- will never know. you are paying the OPEC countries, tive to the American way. But in the meantime, I remind the you are not paying the United States. I ask everybody to wake up, all of my American people that that oil which ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE colleagues, and support me in the de- you receive is oil that we would not The SPEAKER pro tempore. The gen- velopment of not only the 1002 areas in have to buy from the OPEC countries; tleman from Alaska (Mr. YOUNG) is re- Alaska but the other fossil fuel areas and if we could produce 2 million bar- minded that he must address his re- in America. I thank the gentleman for rels a day, which we could with marks to the Chair. yielding. ANWAR, and, remember, it is your oil, Mr. YOUNG of Alaska. Well, Mr. and Mr. MCINNIS. I thank the gentleman if we could produce 2 million barrels a Mrs. America in the gallery, then. I for taking time this evening. I thought day, that means we would be that less can address somebody I hope. it was very appropriate for the gen- Mr. Speaker, I want to get back to dependent upon those foreign coun- tleman to come over here because it the concept. Let us look at energy. seemed to be one-sided, the story we tries. Now, you cannot conserve your way Mr. MCINNIS. Mr. Speaker, what just heard. into prosperity, nor can you conserve concerns me about the discussions that I also would like to thank the gen- your way into independence with fuel we have been having on the Alaskan oil tleman with my colleagues here for the or energy. And that is the suggestion of is that the emotions get in the way, I considerations and the courtesies that AL GORE, we are going to have con- he has extended to the State of Colo- think, of looking at the facts. One, the servation that will solve our problem. rado over the years. We appreciate his fact of what are the requirements of Not as our population increases. That the United States? What is the depend- service and his courtesies. is an impossibility. It is not correct. Mr. Speaker, I interrupted my com- ency of the United States? What hap- So I am suggesting we must think ments because I felt it was very impor- pens if the United States becomes de- about where we find our oil and our tant that we listen to the chairman of pendent, as we have seen, on foreign gas. And we have it in Alaska. It can be the Committee on Resources, the gen- countries? What happens to our econ- done and has been done and is environ- tleman who has represented the State omy? What happens to everything from mentally safe. We must allow this to of Alaska for a number of years. Alas- medicine and so on? happen for America. We must not allow ka is a wonderful, wonderful State. On the other hand, we need to not let the OPEC countries to control us, as Most of Alaska, I think in the high 90s, our emotions become so charged with they are doing now. the price of oil that we ignore environ- maybe 96 percent of Alaska is owned by mental safeguards. b 1545 the Federal Government. I wish I had And so, my reason in talking with They are the ones that are pulling time this evening to talk to my col- the gentleman is for his explanations the strings; they are the ones that leagues about what happens and the of the safeguards. And I think he has raise the price of gasoline at the pump differences between States that are pri- done a good job that, with the environ- with the taxes that AL GORE added. marily owned by government and ment, we have spent $50 million on the They are the ones that make you pay States that are primarily owned by pri- caribou for example. Well, that one was more as you go to work or you take vate individuals. not justified because the caribou do not your young son to soccer or your Many of my colleagues here on the use it. There are a lot of environmental daughter to piano lessons or vice versa. floor come from States where their pri- expenses that are taken into consider- We as Americans have to have a policy. mary ownership in their State are pri- ation and a lot of sensitivities that, I believe our policy on energy has to be vate individuals. Many of us come from rightfully so, are observed. one of production, one of discovery and States where the primary ownership in This is not a sign-off to some com- one of refining. our States is the Federal Government. pany to go up and drill where they I know I am going to introduce a bill In Colorado, for example, my district is want. This is probably the most scruti- the next session to give us an expedited the Third Congressional District of the nized project in the United States I process to build refineries. Because I State of Colorado. My district geo- would guess. have asked people, ‘‘Why aren’t you graphically is larger than the State of Mr. YOUNG of Alaska. Mr. Speaker, I building refineries?’’ They say, ‘‘We Florida. And on the eastern line of my am glad the gentleman brought this can’t build refineries under the present district, which, very simplified, runs up, because it is scrutinized Federally delay factors of this administration.’’ from Wyoming down I–25 to New Mex- and by the State, the EPA, the DEC, That means we have to buy refined ico, it exempts out the cities as you go the Corps of Engineers, the Coast products from abroad. Most of the gas- down, but from that eastern border to Guard, and Fish and Wildlife; and it oline that you burn in your automobile the Atlantic Ocean, that land, there is meets every criteria for safety in the and heating oil that you are using and very little Federal Government owner- promotion of wildlife. the northern reserve which we are ship of lands. Out here in the East, you I go back to this picture again. These going to have after this Congress have the Appalachias, you have the Ev- are caribou, and this is the oil field. passes it comes from a foreign country, erglades down there and then in a lot These are caribou and calves, and this which means we are dependent. of States you have the local court- is the oil field. And by the way, many And so I ask you to make sure every- house, you may have a park here and times they talked about the caribou body understands this issue. Energy is there; but the reality of it is if we took

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20707 a map, for example, of the United early days of our country, if you did but let us let the people use the land. States and we looked, obviously I am not possess the land, somebody else That is where the concept of multiple not an artist, but if we took a look at could come in and they did not care use came from. my eastern border, here is Colorado, whether you had a deed or a document When the gentleman, the chairman of the point I am making is from this that said you own it, they came in, the Committee on Resources, stands up point right here to the Atlantic Ocean, they sat there with a gun and said, ‘‘I and talks about Alaska and talks about Federal ownership or government own- own that property.’’ your oil, that is why Alaska is pri- ership of land is represented about like Once our country made purchases marily owned by the government, be- this, with the Appalachias here, the like through the Louisiana Purchase cause of the fact of the differences be- Everglades, the park up here in the and things like that, what happened tween States in the West and States in Northeast. If you were to look from my was, taking this out for a moment, the East. And so I think it was impor- border, this district, the Third Con- they were trying to figure out how to tant. I acknowledge the gentleman and gressional District, and go to the Pa- get people to leave the relative com- appreciate him coming to speak with cific Ocean, you are going to find out forts of the East and of the settled us. that government ownership of land communities in the East, how do we I want to address another point. I had looks like this. Obviously that is a get them out into the new frontier. the opportunity to come down and lis- rough drawing, but that is pretty sig- How do we encourage people to go out ten to some of my respected colleagues nificant. there and set up a home or set up prior to my having the opportunity to There are a lot of differences between towns, because as a country we need to visit with you. It sounded like it was living in areas where the ownership of possess the lands like the Louisiana the George W. Bush bash hour. What the land is by individuals and living Purchase, or we are going to lose them can we bash George W. Bush about? out here where our zoning and planning to some other country. That seems to be a favorite thing by commissions are dictated by decisions So what they decided to do was let us some of my colleagues here lately. out of Washington, D.C. For example, give land. Everybody in this country, it What policy can we find of George W. my colleagues that live out here in the is an American’s dream to own a little Bush? Let’s just bash him. East, those that represent States with piece of land, to own your own little Somebody ought to stand up here and very little Federal ownership, when house. It is the American dream. So say a few things that George W. Bush is they decide they want to build a new they used this incentive, go West, doing right and a few ideas that I think bridge or when they decide that they young man, go West. To do that, they will work for this country on a bipar- want to go and have a new building or said, let us have a homestead. You go tisan basis, that both sides of the aisle some kind of adjustment in their coun- out into Kansas, you go out into Mis- ought to acknowledge. ty or some type of development, they souri, you go out there, you find 160 Let us take an example. Let us talk go to their local county planning and acres or you find 320 acres, you farm it about Social Security, for example. So- zoning commission. Out here in these for enough years and you get to keep cial Security, we ought to look a little Federal lands, anything like that, they it. It is your land. at the history. We know that we had have got to go to their planning board That worked pretty well. What we the Depression in 1929. In 1935, the which is in Washington, D.C. So there saw were fairly dramatic movements of President decided and this country, are a lot of significant issues that we population into these areas. But when and this Congress on this floor, decided ask for our colleagues in the East to they got to the West where it is very that we should have a national insur- have an understanding of what goes on arid, we do not have the kind of water, ance policy, a social insurance. That is out primarily in the West. Or have an it does not rain in the West like it does where Social Security came about. But understanding of what goes on in the in the East, when they got out West, there are a few factors to remember State of Alaska. the crowd started going around. No- about Social Security when it was first For example, in my district, we are body was sticking around in here. conceived. totally dependent, totally, not par- Why? Because they discovered in Kan- Number one, for every person that tially, totally dependent on multiple sas, for example, or Missouri or even was retired in 1935, we had 42 workers use of public lands, for water. Every eastern Colorado or down here in some out there working. Forty-two workers highway that we have in my district of these States, in the Midwest States, for every person retired. What has hap- comes across Federal lands. The water, Pennsylvania and so on, they were dis- pened over a period of time is the num- when I go back to water, it is either covering that with 160 acres, you can ber of people that are working has gone stored upon, originates or comes across support a family. You have enough down in proportion to the number of Federal lands. All of our power lines, acreage there to grow a farm. But they people that are retired. Today, instead all of our cellular telephone towers, all also discovered that when you got to of being 42 to one, today it is three to of this is on Federal lands. In my par- the mountains, for example, or to the one. It is three to one. That has cre- ticular district of which we have the more arid acres, sometimes 160 acres ated a problem for Social Security. premier ski areas in the world, Aspen would not even feed one cow. So the Number two, and this is good news or Vail or Telluride or Powder Horn or settlers were not staying there. for all of us, colleagues. This is good Purgatory, I could go on and on and on, At the Nation’s capital, they said, news. The modern medicine that we these areas are dependent, very depend- what do we do about this? How do we have developed and the vaccines and ent, our tourism dollars are very de- get settlers out here before we lose this the ability to fight things like chicken pendent on these lands. We are very, land? How do we get them to move in pox and polio and things that were hor- very, I guess you would say over a pe- there? Somebody came up with the rible diseases of the past and with god- riod of time we have become encom- idea, it takes 160 areas of good fertile speed we can find a cure for cancer in passed by the concept of multiple use. ground in Missouri for a family. That the future but these diseases have in a I want to talk just for a moment is the equivalent in the mountains of large part been conquered. about that concept of multiple use. Colorado, it might take 2,000 acres. So The average person in the United What happened in the early days when let us give them 2,000 acres. They States in 1935 could expect to live, a our country was a young country, we thought about it, the policymakers male 62 years old, a female 65. Today, basically had this as our country. Our back then, and they said, ‘‘Wait a that is almost in the 80s. We have had forefathers, the leaders of our country, minute, we can’t give that away. That a dramatic increase in the life span for wanted to settle the land that we had is too much for one person.’’ Then the our citizens in this country. Unfortu- purchased. In those days, possession, idea was born, well, let us go ahead and nately, no adjustment has ever been that is where the saying, by the way, have the government retain the owner- made in Social Security, number one, possession is nine-tenths of the law, ship. In other words, the government because of the number of active work- possession meant everything. In the will continue to own this land out here, ers that have been reduced and, two,

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20708 CONGRESSIONAL RECORD—HOUSE October 4, 2000 because of the extended life span of other Americans. Every Federal em- ing to this generation, hey, you ought these individuals. ployee is treated differently than other to have a little choice. We ought to So what is happening is today we Americans. How? We have our own sep- give you a choice on some of your in- have a Social Security fund which on a arate retirement plan. vestment dollars. cash basis, means cash in the bank, is Now, we are participants in Social George W. Bush has not gone out and in the plus column. But when we look Security, and we do pay into Social Se- said take all the Social Security dol- on an actuarial basis, and what do I curity, but, as you know, we have an- lars and let this young generation de- mean by that word? I mean when we other plan. Every Federal employee, 3 cide if they want to put it all in the look into the future and say, okay, million of us in this country, have been stock market. Of course, that would be here is the money we have, here are test marketed, and that plan is called reckless conduct. That would be care- our future obligations, do we have the Thrift Savings Plan. less. There is not a financial mind in enough money to cover all of these fu- What is the Thrift Savings Plan? the world that would tell you that ture obligations? That is what is called Number one, it is voluntary. You are would be a smart thing to do. actuarial thinking. On an actuarial not required to participate in it; ex- What George W. Bush said is give basis, Social Security is bankrupt. actly what George W. Bush is saying them up to 2 percent. Let us try it out. And who is the individual that is run- with the partial investment of Social It works for American government em- ning for President that has stood up Security dollars. ployees, why can it not work for the and I think in a bipartisan approach Number two, it gives you choice; ex- young generation; the women in this come up with a plan? Now, it is a bold actly what George W. Bush is talking country that are young and just get- plan. GORE and the President, they about when he talks about his Social ting into the workplace; the young have called it a risky plan. You have Security plan. men and the families. got to take some risk. You have got a Number three, it guarantees you a If we do not do something, do you plan that is in trouble. Not in trouble payment, regardless of the choice that know what the return is? If we stick for my generation. I am 47. Not in trou- you make; exactly what we have in our with the status proposed, which seems ble for my parents. My parents are Thrift Savings Plan and exactly what to be what is proposed by the Al Gore going to be guaranteed, any of the col- George Bush has proposed in his plan. policy? Here is what your return is: 0.09 leagues, any of your seniors, their How does the Thrift Savings Plan percent. That is a rotten return. That money is not going to be interrupted. work? As you know, we get our check, is what you get to expect, assuming Really from about 45 on up, their and there is an automatic deduction that we can keep it afloat. money is going to be there. But the taken out of our check for Social Secu- So a young couple today, let us say a young people of this country, the peo- rity. There is also an automatic deduc- young lady named Joyce and a young ple that George W. Bush has talked tion taken out for our retirement. So, man named John, and John and Joyce about, the people in their 30s, the as a Federal employee, and remember, go out into the workplace, and their young workers that are starting out in this applies to all Federal employees, Social Security, if we do not change their 20s, those are the people that are not just to the Congress, but to about this thing, number one, it probably on going to face the dramatic problem on three million Federal employees, so an actuarial basis will not be there for Social Security if we do not take a bold they take out a small amount, or an them; and, if it is, if the stock market move. You can call it risky as AL GORE amount, out of your check for your re- continues to boom, and we know, in has called it, but the fact is you have tirement. You have no choice on that. case you have not read in the last few got to do something. That is what lead- You get no choice as to where it is in- weeks, it has leveled off, but if it con- ership is about. If you do not want to vested. You do not get a choice as to tinued to boom, which it will not do lead, stand aside. We are not going to whether it goes into the stock market forever, then that is about what kind leave you behind. or whether it goes into bonds. You of return you can expect. have no choice on it. On the other How can we do this? Come on. It is an b 1600 hand, the trade-off is you are guaran- obligation, it is a fiduciary duty on But you are not a leader. Somebody teed a payment when you retire. every one of us in this room, to stand has to get out there with a bold plan. I But, then, after that is said and done, up for this next generation behind us can tell you that the plan that George you get to take up to 10 percent of your and the generation behind them and W. Bush has proposed is not exactly in pay and you can invest it through the the generation behind them. my opinion something that is novel. Thrift Savings Plan, and the Federal If we are going to have a Social Secu- You say, what do you mean novel? Government will match the first 5 per- rity program, let us give them a Social Well, I think that George W. Bush and cent. So you get to take 10 percent, Security plan that works for the Amer- his Social Security plan, they looked they match the first 5 percent, and you ican people. Let us not make American around and said, gosh, how do we test get choice. You are not required to do Federal Government employees an ex- market my proposal? How do we test it, by the way. And what kind of clusive set, where they have a little market something for the younger gen- choices do we have? different arrangement than the very eration that will save Social Security? Our choices are, one, you can go into people who put us here. The people You know what? They found it. It has savings accounts, which are guaranteed that pay our checks are the taxpayers. been test marketed. It has been out by the government, just like if you We ought to take that into consider- there and used. You know what? It is went to a local bank, FDIC approved. ation. We should not treat the tax- working. You get that. But the return is low. payers of this country, who are not The logical question that one would The lower the risk, the lower the re- Federal employees, different than we ask is, well, where is this test market? turn; the higher the risk, the higher treat Federal employees. Where are the results? Who is using the the return. The very low risk option, Why not change Social Security? I same type of basic plan that George W. zero risk, almost, and you get a low re- see positive things. Instead of standing Bush is proposing for all of America? turn. Or you can go into something up here in a very partisan way and Where is your test market on that? like the bond or the stock market. You bashing George W. Bush, why do we not You know, when corporations or busi- have that choice. stand up here and talk about what I nesses or people want to try a product, What is wrong with George W. Bush’s think are the good policies and the they go out and test it first. So you proposal to give choice to the Amer- good recommendations that he has prove to us, MCINNIS, where is this test ican people? What is wrong with our made? If he becomes the President, I market? generation, the older generation, look- think you are going to see a very posi- You know where it is? It is right here ing to the younger generation, like my tive change for Social Security. on the House floor. Us. You know children? My children are grown now. Those policies will work because they what? We are treated differently than What is wrong with my generation say- have been test marketed. It is not new.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20709 It did not just fall out of the sky. The President’s budget, the President actly what happened in the twenties These policies work, they have been and Vice President, the Clinton-Gore and so on. tested, and they have been tested on 3 budget this year not only did not even This is a tax that should never have million people. And, do you know consider elimination of the death tax, been created. It is a tax that hurts our what? The participation rates are in they actually proposed an increase of communities. It is a tax that hurts our the high 80 or 90 percent of Federal em- $9.5 billion, a $9.5 billion increase in environment. This is a country that ployees that want to get into this pro- the death tax. ought to pride itself in encouraging its gram. Because why? Because it works. You should not increase it, you citizens, encouraging its families, to That is why they want to get into this should not keep it. The death tax does pass a business from one generation to program. not collect a lot of money. Let me tell the next generation. Mr. Speaker, let me change subjects, you, when you hear, and I have heard What builds the strength of a country because I heard some other Bush bash- this over and over again, when you is family. That is what builds our ing going on, and I think once again hear, well, this only benefits the upper strength. And for a government to go somebody has to come tell the other 2 percent of a community, wake up. It out and discourage and actually penal- side of the story. Paul Harvey, who by does not just affect 2 percent of the ize the transfer of a business or the the way, I had the privilege of meeting community. Let me give an example. family farm or the family hardware Paul Harvey a couple of weeks ago in Colorado, you take a small town in store from one generation to the next Pueblo, Colorado, where we honored Colorado. I have a small community in generation is fundamentally flawed. It about 100 Medal of Honor recipients, Colorado where somebody who, by the is flawed with the concept of what we and Paul Harvey was kind enough to way, lived the American dream, started have as government. come out there at his expense to speak out with nothing, worked all his life. Now, maybe in a communist country to us. But Paul Harvey has a famous His entire dream in life was to be suc- or in a socialist country, where every- saying, you have all heard it, ‘‘and now cessful so he could pass it on to the body is not paid on what they are for the rest of the story.’’ That is ex- next generation and spread it in the worth, they are paid on what they actly why I am over here this after- community. He had a construction need, so no matter what they do, it is noon talking to you. company. By the way, to be eligible for not what they do for society, it is what You heard one side of the story, Bush the death tax on a construction com- they need. So you equalize all those bashing; Bush bashing on Social Secu- pany, if you own free and clear, if you payments. rity, Bush bashing on taxes. Bush bash- own much more than a bulldozer, a That is what the concept of a death ing. Look, do you know what? There dump truck and a backhoe, then all of tax or a marriage tax comes from, es- are a lot of good things in there. Why a sudden you are facing the death tax. pecially a death tax. That is not what not look for some of the good, col- That is right, a bulldozer, backhoe and we want in this country. That is not leagues, instead of trying to spin it out dump truck, and you are facing the what ought to be happening to our of control because of the political ne- death tax. communities. cessities of an election coming up here This individual passed away. From in 4 or 5 weeks? what you would hear from the people By the way, you heard me right when Let us talk about taxes, and let us who think that the death tax is a fair I tell you the death tax hurts our envi- talk about what the Republicans, tax, that it is fair to tax somebody on ronment. You say wait a minute, how frankly, with a lot of help from con- property they have accumulated that does the death tax hurt our environ- servative Democrats, have done with they have already paid taxes on, sim- ment? You know how it hurts it? In my their tax policy. ply by the fact that they died, what district, in Colorado, a beautiful dis- Number one, the Republicans, again you need to look at is what the impact trict, I live in the highest place in the with help from conservative Demo- is on a community. Nation, the highest elevation in the crats, who came across the aisle, we What happened, when he died they Nation. If you have been skiing in the sent to the President of this country a took 70-some percent; 55 percent of it mountains in Colorado, if you have death tax elimination. Now, whether or for the death tax, 22 percent on capital been in the mountains in Colorado, the not you think you are covered by the gains, or 28 percent, excuse me, on cap- essence is you are in my district. death tax, I think it is a fundamental ital gains. And they took 70-some per- The people discover the beauty of question. cent of that estate and moved it out of this. What happened is we have family It is the same thing, by the way, with this small town in Colorado and they farms and ranches out there, and what the marriage tax elimination. The Re- moved that money to Washington, D.C. is happening is people are coming in publicans, with help from some con- to be redistributed by a bureaucracy. and the families are having to sell servative Democrats, sent to the Presi- You know what? The money in a these. They want to farm, they want to dent of the United States a marriage community ought to stay in a commu- ranch, they want to have that piece of tax elimination, to eliminate the tax, nity. I do not believe you ought to be land, but they have to sell it. You because of the fact you are married, able to tax death as a taxable event, know where that land goes? It does not and to eliminate the tax because of but it sure would be a lot more liveable continue as a ranching operation. It your death. On both occasions, the if you went to that small community does not continue as a farming oper- President vetoed both of them. and said, look, just in spite, you had ation. It continues as a few hundred Now, let us talk about it. The basic somebody who was successful, so we more condominiums, or a few hundred fundamental question you need to ask are going to tax them on their death, more townhouses, or a brand new shop- about the death tax and the funda- but you get to keep the money in the ping center. That is what is happening mental question you need to ask about community. to that land out there, and a lot of it is the marriage tax is should death or Remember, the death tax, where it due directly to this death tax. marriage, should those be taxable came from. The death tax came as kind So do not stand here and bash George events in our society? You know what? of a get-even tool with the Carnegies W. Bush because he wants to eliminate The majority of us stood up and said and the Fords and the Rockefellers. the death tax. Do not stand here and no. That is where that thing came from, bash George W. Bush because he says Unfortunately, the administration from people who wanted to declare marriage should not be a taxable event. disagreed. They think that marriage class warfare, who said, look, this is a What you ought to do is, as some of the should be a taxable event. They think great country, and we say if you invent Democrats have done, join the Repub- that death is a taxable event. Not only the better mouse trap, you get to reap licans in our fight to get rid of the do they think death is a taxable event, the reward, as long as you do not reap death tax. Join the Republicans, as I sit on the Committee on Ways and too many rewards, because then we are some conservative Democrats have Means. I know about finance and taxes. going to come after you. That is ex- done, and get rid of the marriage tax.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20710 CONGRESSIONAL RECORD—HOUSE October 4, 2000 Instead, what happened, unfortu- 5:00 people or the 8:00 to 8:00 people out survival of the greatness of this coun- nately, we saw the majority of Demo- there who produce and create capital. try; but the best way that we do it is crats go with the President and sup- Government does not create capital. we look at it in a positive sense, and I port the President’s veto of getting rid Government transfers capital. Govern- encourage my colleagues to do just ex- of the marriage tax and support the ment takes it from the workers’ pock- actly that. President on this death tax. I am say- ets, transfers it to Washington, D.C., f ing to my colleagues, work with us in and then hands it out as if they worked CITIZENS’ RIGHT TO VOTE a bipartisan method. We can do some- for it. That is not what the government thing for Social Security for this next is about. The SPEAKER pro tempore (Mr. generation. We can do something about What I am saying is do not be ISAKSON). Under the Speaker’s an- that death tax. We can do something ashamed to talk about a tax cut. They nounced policy of January 6, 1999, the about that marriage penalty. ought to be reasonable tax cuts. Is it gentlewoman from California (Ms. unreasonable to cut out the tax of MILLENDER-MCDONALD) is recognized b 1615 death? Is it unreasonable to cut out the for 60 minutes. Let me tell my colleagues, in a bipar- tax of marriage? Ms. MILLENDER-MCDONALD. Mr. tisan direction, when we have worked I was so excited last night in that de- Speaker, the 14th amendment of the together in the past, the Democrats bate. I wanted to be in that debate, not Constitution of the United States guar- helped us pass probably the largest tax as a candidate but just to get up there antees every American citizen the break that we have had in 20 years or and say, wait a minute, Mr. Vice Presi- right to vote. 30 years; although the people do not re- dent, what is wrong with the policy of When our country was founded, the right to vote was preserved for white alize what we have done. The Repub- cutting out a death tax? What is wrong men and property owners. It took the licans, about 3 years ago, 2 years ago with the policy of eliminating the mar- Women Suffrage Movement to enfran- went out and said the Americans riage tax? What is wrong with the chise women and the Civil Rights dream is about owning their own home. homeowners tax break that we gave 2 Movement to fully enfranchise African So we think in most families, the own- years ago? You did not try and spin it Americans and other people of color in ership of the home is the largest asset out of control then. they have; that is usually the largest this country. I am telling my colleagues from a bi- In the words of Susan B. Anthony, asset in a family. partisan point of view, we owe respect What we said, the Republican bill we, the people, not just the select few, to the taxpayer; and there is no reason but we, the whole people including all that we got passed, with some help to back off and be ashamed, because we from some conservative Democrats, on of us formed this union. talk about maybe we ought to thank Today, we have awakened to a new a bipartisan working effort, the bill we the taxpayer and say we got enough to challenge for this republic, restoring passed says that if you now own a operate the government. The more the the voting rights of men and women home and you sell that home for a prof- taxpayer provides for the government, who committed crime but have paid it, I am not talking about equity, I am the sloppier the government becomes. their debt to society. talking about net income, you sell it Sometimes it is a good idea to tight- While the Constitution takes away for a profit, your first $250,000 per per- en down on the budgets. That forces ef- the voting rights of individuals con- son, remember most homes are owned ficiencies. That is why I have taken victed of serious crimes, the States are by couples, so it is the first $500,000 per this podium today, instead of bashing given the power to restore this right. couple, but the first $250,000 per person Bush all the time, which I heard Through our criminal justice system, goes into your pocket tax free. You get minute after minute after minute ear- hundreds of thousands of men and to do that every 2 years. lier this afternoon, why do we not women have been politically That is an incentive for people to go stand up and say, hey, here are some disenfranchised, many of whom are out and own homes, and that was sup- policies that we can work on in a bipar- poor and minorities who committed ported on a bipartisan effort. We had tisan basis; here are some positive nonviolent crimes. conservative Democrats who helped the things that he has proposed. Many of these individuals have paid Republicans pass that, and that gave There are very few of my colleagues their debt to society; and yet some the American people a tax break they out here who could look me right in States have restored their right to vote deserved. the eye and arguably tell me that our automatically, while others hold this For some reason, there has been a plan, our Thrift Savings Plan, should right hostage to politics. Laws gov- misconception down here on this floor. not apply to the American people and erning the restoration of voting rights We seem to think that the American should only apply to Federal Govern- after a felony conviction are unequal taxpayers ought to pay and pay and ment employees. There are very few of throughout the country. pay, and somehow people, some of my you, I think, that could really look me Persons in some States can easily re- colleagues spin it out as if we dare talk in the eye and honestly tell me, Look, gain their voting rights, while in other about it, hey, maybe they put in too SCOTT, we ought to have a death tax. States persons effectively lose their much. George W. Bush says take half of How many of my colleagues really rights to vote permanently. our surplus right away and put it to re- support a death tax? How many of my Mr. Speaker, two States do not dis- duction of the debt; that should be our colleagues really think people ought to enfranchise felons at all times; 46 priority. be penalized in tax due to the fact that States and the District of Columbia Reduce that debt, but you still have they are married? How many of my col- have disenfranchisement laws that de- a little that you ought to put into leagues really think that this govern- prive convicted felons of the right to some programs like education and ment ought to engage in discouraging vote while they are in prison, and in 32 healthcare, and you still have a small families from passing their hardware States convicted offenders may not fraction of that you ought to give back store or their farm or ranch from one vote while they are on parole. In 29 to the taxpayer, pat them on the back generation to the next generation? Not States, probationers may not vote; 14 and say thanks for what you have done. a lot of my colleagues, but my col- States disenfranchise ex-offenders who Thanks to the productive nature of the leagues ought to be identified to the have fully served their sentences, no American people, the American tax- American people so they know exactly matter the nature or seriousness of the payer, this government is sitting pret- where we stand. offense; 17 States require gubernatorial ty well. The taxpayer does deserve some cour- pardon, legislative action or adminis- This surplus was not created by the tesy. We obviously need to reduce the trative procedures to restore the right wonderful creative thoughts of your death debt. We have to take care of to vote. government. It was created by our con- programs like education and health State disenfranchisement laws dis- stituents, the hard workers, the 8:00 to care which are fundamental for the proportionately affect the poor and

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20711 ethnic minorities. They are more like- chart are the States that automati- vote, especially in Federal elections ly to be arrested, charged more harsh- cally will have a restoration of those such as for the President of the United ly, poorly represented in court, con- voting rights, once a person has served States. victed and receive harsher sentences. his or her debt to society through pa- I do have now with me a gentleman Whether we like these people, whether role and is now free and clear standing. who has made his mark early on com- we want to know them personally, or And those States are California, Colo- ing to this House, who in 1999 also in- whether we want to share private lives rado, the District of Columbia, Hawaii, troduced a bill, a different bill than with them, they are part of the whole Idaho, Illinois, Indiana, Kansas, Maine, that of the gentleman from Michigan people of America. They deserve a sec- Massachusetts, Michigan, Montana, (Mr. CONYERS) in that year, but his bill ond chance to vote. New York, North Dakota, Ohio, Or- speaks to enfranchisement and restora- Consider these statistics, Mr. Speak- egon, and Pennsylvania. tion of voting rights. er: an estimated 3.9 million Americans, I yield to the gentleman from Illinois b 1630 or one in 50 adults, currently cannot (Mr. DAVIS), an outstanding Member, vote because of a felony conviction. Every vote counts. Every vote should to speak on his bill, and just for gen- Women represent about a half million count as we proceed into an election eral statements. I thank the gentleman of this total. Three-fourths, or 72 per- mode over the next month or so, a lit- for being here. cent, of the 1.9 million disqualified vot- tle better than a month. We should re- Mr. DAVIS of Illinois. Mr. Speaker, I ers are not in prison, but are on proba- member that the Constitution does thank the gentlewoman for yielding to tion, parole or are ex-offenders. give us this fundamental right, and we me. Also I want to commend her, not The last decade alone, over 560,000 should also ensure that every person in only for bringing an issue like this one Americans served their entire sen- this country has that fundamental to the floor, but for the outstanding tence, stood free and stand free and right. We should not abridge that in work that she does on a regular basis clear of incarceration and parole and any form once a person has paid his or on behalf of disenfranchised citizens have paid their debt to society. An es- her debt to society and is clear and free throughout America, and her tremen- timated 65,000 of these Americans are of her or his parole. dous effort to make sure that those women, and they cannot vote in some I can recall in the early sixties before who are sometimes left out, those who States. Now, today you will hear from the 1965 Voting Rights Act in southern are forgotten, those who are at the fellow Members of Congress who be- States there were many who had to pay very bottom of everything in our soci- lieve firmly that those individuals who poll taxes before they were given the ety, are in fact given as much oppor- have committed crimes paid their debt right to vote. There were some who had tunity. to society and been released free and to know the Constitution verbatim be- So I am pleased to join in this special clear should be allowed to vote. fore they were given the right to vote. order organized by the gentlewoman This may seem like a radical propo- That was a certain amount of from California (Ms. MILLENDER- sition, but it is not. It is fundamen- disenfranchising in and of itself. Yet, MCDONALD). tally consistent with the principles we those were persons who were people of This issue has been neglected for too live by in this country. When you pay color, primarily African-Americans. long in this country, and I am talking your debt to society by spending time After the 1965 Voting Rights Act that about those who have officially paid in prison, your punishment is com- established their right to vote, then we their debt for their infractions, but plete. At that point, our society re- saw large numbers of African-Ameri- upon reentry into the mainstream were leases you back into society and ex- cans voting, many of whom now have shunned by the very system that has pects you to be rehabilitated socially gone on but who recognize the type of claimed them reformed by denying with family, friends, and community. disenfranchisement through not being them the opportunity to participate in They also look to ensure that you are able to vote unless they knew the Con- our electoral process. economically upright with jobs, or stitution verbatim or paid, as they had, It seems to me that it is unbelievable should. so-called poll taxes. that for individuals in a society that It is time now to pay attention to My bill is simply saying that person values democracy, in a society that your civic rehabilitation, that is, giv- does not have to do any of this any- talks about each and every individual ing one the right to vote. Minority and more. This person will not be allowed having the right to participate, a soci- poor people are overrepresented in to vote if he or she is on probation, but ety that talks about the reclamation of these numbers. Tonight you will hear for the persons who have cleared them- individuals and finding ways to bring from my colleagues why we need to en- selves of all of the debt that they owe, people back into the mainstream after franchise all of these women and men. they should have a restoration of their they have committed infractions, and Mr. Speaker, I have introduced H.R. voting rights. yet, we deny them the most basic of all 5158, the Second Chance Voting Rights I say to the Members, Mr. Speaker, if rights in a free and democratic society, Act of 2000, and this bill does just that. they know of any such person who real- and that is the right to participate. Others, like my friends and colleagues, ly has restored his or her rights, do let I rise to emphatically declare that the gentleman from Michigan (Mr. them know that they have a few days every American who commits a crime CONYERS) and the gentleman from Illi- in some States; that there are some who sufficiently pays his or her debt to nois (Mr. DAVIS), also have introduced States where the deadline for voting is society and is rendered free to reenter legislation to enfranchise these Ameri- October 7. There are other States back into society should have their cans. where the deadline is October 10. right to vote fully restored upon re- My bill, H.R. 5158, simply says if you We are encouraging all of those who turn. have served time, you are now out and want to restore their rights and to vote In fact, as indicated by the gentle- have served your debt to society. If you to call their registered Recorder’s of- woman from California (Ms. are free of all parole and paroles, then fice and ask simply, where do I get the MILLENDER-MCDONALD), last year I in- you should have a restoration of your affidavit? They have that responsi- troduced legislation that would do ex- voting rights. That is only the right bility to go to the registered Record- actly that. thing to do in this country we call er’s office and get that affidavit. We The fact of the matter is clear, that America. have a right to restore your rights by the right to vote is the most basic con- Those persons who have had a mishap virtue of giving you that right through stitutional act of citizenship. Further- in life should be given a second chance. legislation. more, it is my belief that this basic My bill simply says they should in My bill also suggests that those right should include law-abiding citi- those States that will allow that, and States that do not automatically re- zens. Unfortunately, many people who those States you see are listed here. store that, we should give them, control the courts and legislatures Clearly, the States that you see on the through the Federal law, that right to throughout our country are divided on

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20712 CONGRESSIONAL RECORD—HOUSE October 4, 2000 this issue, and have passed laws that population. In a country as enlight- State of California, who has the wis- make it difficult if not impossible for ened, we are the most technologically dom and foresight and the motivation people to come back. proficient Nation on the face of the and the spirit and the compassion and Some States have passed laws which Earth. The quality of life for mass the humanitarianism to bring forth so allow ex-felons to easily regain their numbers of people in this country is many pieces of legislation on behalf of voting rights, and as a result, these greater than we would find the quality people across this country, not just citizens are able to freely exercise of life for people anyplace in the world. confined to her own district and her their regained right and carry on as Yet, we have not found a way to, in own State. productive members of society. Other a seriously, not only humane way, yes, b 1645 States, however, are still rooted in ar- we can look at it as being humane, but chaic belief systems and have kept op- we can also look at it from another I want to thank the gentlewoman pressive laws on the books that perma- vantage point. It is like having a car from California (Ms. MILLENDER- nently bar ex-felons from the basic that has six cylinders, but if only three MCDONALD) for allowing me an oppor- right to vote. of those cylinders are functioning, tunity to come by just a little while It is imperative that we review these think of all the power and energy that and give just a few brief remarks, and systems and establish a uniform stand- we are losing. to stand here with the incredibly dis- ard which affords ex-offenders the op- Think of all the possibilities that we tinguished gentleman from Illinois portunity to vote in Federal elections, could have. Think of all the positive (Mr. DAVIS), whose district is in a but not only in Federal elections, in things that could take place if we State that is contiguous with my State local elections as well. It is incredible, would look for ways to take men and of Indiana, and to say a few words on when we look at the number of individ- women who have committed crimes, behalf of H.R. 5158, the Second Chance uals in some of our States, and espe- who have been incarcerated, and while Voting Rights Act of 2000. cially the number of African-American they are there, would it not make Certainly, there is not one among us males in some of our States, who have much more sense if they could learn a in this country who does not seek a lost their right to ever participate in a trade, if they could learn how to do second chance for one reason or an- meaningful way in the making of laws computers, if they could acquire col- other. I have been given a second and the determination of who will rep- lege degrees, if they could learn how to chance to live. I have been given a sec- resent them in public bodies. be carpenters and brick-layers and ma- ond chance to be a Member of the If a person can pay taxes, get a job, sons and to do maintenance work and United States Congress and would hope learn a trade, learn a skill, carry on all to be office managers? Rather than that I would be given even another of the functions of citizenship, then I coming back with no skill and not the chance to be able to stand here with so think it begs the question as to why right to vote, they could come back many distinguished Representatives they cannot also vote. having paid their debt to society say- from across these United States of So I would hope, I would hope that as ing, ‘‘I am now ready to do my part. I America. we continue to look at this issue, that am ready to do my share of helping to I say that because, since I was a lit- we would look at those States that make this country the great Nation tle child, we harmoniously were taught have in fact restored and given back that it has the potential of being, so to say ‘‘My country ’tis of thee, sweet the right for these individuals, once that it becomes even greater than what land of liberty.’’ That is what the Sec- they have paid their debt to society. I it is.’’ ond Chance Voting Rights Act of 2000 have not seen anything that has hap- So I ask the gentlewoman to keep is, liberty. Liberty and justice for all is pened in any of these States that would working, if she will, on these tough something that we were also taught to cause me to believe that it is a harmful issues. Some of us will be there work- rehearse and memorize as we were practice. ing with her. Ultimately, the day will growing up through the school systems Take, for example, my State of Illi- come when those individuals who are and going out into the byways of life, nois. I consider it to be a progressive now left out will in fact get cut in. I liberties and justice for all people. State; not as progressive, perhaps, as it thank the gentlewoman for this When one thinks of justice, one will be, and not as progressive as it evening. thinks of either Frederick Douglass or should be. But I say it is a progressive Ms. MILLENDER-MCDONALD. Mr. Booker T. Washington that said ‘‘Jus- State because it is a State where the Speaker, I tell the gentleman from Illi- tice delayed is justice denied.’’ Governor, even as we look at the death nois, he just says it so eloquently. I Elected officials are supposed to be penalty, has determined that we need want to enter into some kind of col- the voice of the people. But what hap- to review the way in which it is admin- loquy or dialogue with the gentleman, pens, when in their selection, a seg- istered, because for some reason, for so I do not want him to leave. ment of the population is silenced? Si- many reasons, there seem to be an in- We have been joined by the out- lenced for life, not necessarily by ordinate number of African-Americans, standing gentlewoman from Indiana choice, not by violent means, not Spanish-speaking citizens, low-income, (Ms. CARSON), who has been in the fore- through court procedures, but auto- poor, uneducated, undereducated indi- front of mental health. We do recognize matically upon conviction. A portion viduals who end up in the penal system that a lot of those of whom we speak of our precious democracy dies and so- on death row, in the penitentiary, and have a certain amount of mental ciety suffers. individuals even who, once they serve health issues, yet it is not being ad- A very poignant point came to my whatever time they have been given, dressed as they are being incarcerated attention when I first ran for Congress still do not have the hope of voting. and/or let out. in 1996. The field was crowded as is in So I say to the gentlewoman from The gentlewoman from Indiana (Ms. cases where a retiring Member seat ex- California (Ms. MILLENDER-MCDONALD), CARSON) comes with experience, having ists, somebody who had held a seat for I think she has in fact given the coun- served in the State legislature of her some 30-some years, and is open, and try a great service by raising this State, with the know-how to address everybody jumps in it. issue, because it gives us a chance to and dig into this issue of mental It was interesting that we had three explore; to look at, first of all, why are health. people who were running for Congress there so many people in this country in I yield to the gentlewoman from Indi- who were convicted felons. The reason prison? There are more than 2 million ana (Ms. CARSON) for her remarks on they chose to run for Congress instead people associated in some, way, shape, this particular issue. of municipal or local office is because form, or fashion with our correctional Ms. CARSON. Mr. Speaker, it is an the State law prohibited felons from system. esteemed privilege and pleasure to running for State office. But no law Here we are, 5 percent of the world’s stand here in support of, first and fore- anywhere prohibited felons from run- population, but 25 percent of the prison most, a Member who hales from the ning for a seat in the United States

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20713 Congress. I thought that was very in- right to vote only through a Governor’s Mr. Speaker, I yield to the gentleman teresting that one could not run for a pardon or parole board, while in others from Virginia (Mr. SCOTT). local office but one could run for Con- a bill must be enacted to restore the Mr. SCOTT. Mr. Speaker, I thank the gress because Congress has the juris- right. gentlewoman from California (Ms. diction in terms of determining its Some States like Virginia permit the MILLENDER-MCDONALD) for her strong membership and its eligibility. restoration of voting rights. However, support of this fundamental basic Now, would it not just make sense in 1996 to 1997, of the 200,000 ex-convicts right, the right to vote. for here in the United States of Amer- in Virginia, only 404 had their right to The right to vote is among the most ica is the only country in the world vote restored. cherished rights we enjoy as citizens of that permanently takes away the right There is no compelling reason, Mr. the United States. In fact, it is the cor- to vote from its citizens. In 14 States, Speaker, for this national policy inter- nerstone of our democracy. Unfortu- offenders are barred from ever voting est to be ignored. We must understand nately, many citizens have been denied again, even after serving their time. It why ex-offenders should be denied the that basic fundamental right. States sounds like something we hear often right to vote and redress it and reverse first limited the right to vote to white about double jeopardy. it. men only with property, excluding The opinions of ex-offenders are no As long as America denies some citi- women and racial and ethnic minori- less important than that of other citi- zens the most fundamental of demo- ties. zens because they are still human cratic rights, the right to vote, true de- While the post-Civil War constitu- beings. In matters of government ac- mocracy cannot exist in silence. When tional amendments secured the right tion, Supreme Court Justice Thurgood you silence some, you silence all. to vote for those previously excluded, We bemoan the low voter participa- Marshall recognized that and said ‘‘ex- many States enacted laws designed to tion especially in the African-Amer- offenders are as much affected by ac- circumvent those amendments by ican community where there is no won- tions of government as any other cit- erecting new barriers such as the poll der. A disproportionate number of citi- izen and have as much right to partici- tax and other schemes to deny that zens of the African-American commu- pate in government decision making.’’ basic right to vote. Through the pas- nity are in fact disenfranchised in It is estimated that 3.9 million citi- sage of the Voting Rights Act of 1965, terms of their voting opportunities. zens are barred from voting, including and other related legislation, we have So, Mr. Speaker, please know that I eliminated those barriers and expanded more than 1 million who have fully give the gentlewoman from California completed their sentences. How can the the number of citizens who can partici- (Ms. MILLENDER-MCDONALD) a standing justice system and States say that an pate in this great democracy. ovation, that I give her the tip of my Here we are today, however, because individual is rehabilitated and worthy hat for bringing this long overdue issue a significant segment of our population of another chance in society when that before the ears and eyes of America continues to be left out of the process. individual is stripped from their voting and certainly in the halls of the United Specifically, many States maintain rights in government? States Congress. barriers to voting for former offenders, This goes beyond the denial of indi- I would trust that as we go along and denying them the right to vote in an vidual voice. The policy has implica- begin to educate the Members about election. tions beyond an individual being denied this injustice that exists, that perhaps A recent study by the Sentencing to vote. The origins of voter disenfran- they will decide that it will no longer Project and the Human Rights Watch chisement can be traced back to medie- persist, and rectify this situation that shows that some 3.9 million Americans val times where offenders were ban- is a bad mark, I believe, on a Western are either currently or permanently ished from the community. It is later civilization. disenfranchised as a result of State revived in the segregation era as a sup- I thank the gentlewoman so very laws. Among those who are posed race-neutral voting restriction to much for allowing me to come, and I disenfranchised are 1.4 million African- exclude blacks from voting. praise her highly. American men or 13 percent of the The practice of barring ex-offenders Ms. MILLENDER-MCDONALD. Mr. total black population of adult men. from voting has a disproportionate ra- Speaker, the gentlewoman from Indi- The disparate impact on black adult cial impact, even though it may seem ana (Ms. CARSON) is a gracious lady, men not only denies that group the race neutral. Consider that the rate for and I appreciate her coming. The gen- right to vote but also limits voter op- voter disenfranchisement for African- tlewoman kind of hit the nail on the position to unfair and discriminatory American men is seven times the na- head, if you will. We all have been crime policies which result in so many tional average. Consider that the 1.4 given second chances. So why not give minorities being imprisoned today. million or 13 percent of African-Amer- those who have had a mishap through We have to put an end to this cycle of ican men are barred from voting. Con- this penal system a second chance, too, discriminatory crime policy which re- sider that 36 percent of the total to have a restoration of their voting sults in bad crime policy, resulting in disenfranchised population is com- rights. the victims of that policy losing their prised of African-American men. Clear- I will be working with the gentle- right to vote and then they cannot ly, the impact of this policy falls dis- woman from Indiana (Ms. CARSON), not complain democratically about the dis- proportionately on our Nation’s black only with this issue, but with the issue criminatory policy and new policies men. of mental health as it absolutely inte- are enacted. As a result, the voice of African- grates into this whole issue of incarcer- I am talking about policies like ra- American communities as a whole is ation. cial profiling where one picks people weakened. A large segment of our pop- Mr. Speaker, we now have a man who off the street because of their race or ulation is denied the opportunity to de- has gained enormous respect across the crack cocaine-powder cocaine dis- cide who will shape public policy, who this country as we saw him during the parity where crack cocaine, which is a will make our laws that affect all of us. impeachment process. The gentleman drug of choice in the black community, According to the Human Rights from Virginia (Mr. SCOTT) is known to one can get 5 years mandatory min- Watch, if this current trend continues challenge anyone on this floor when imum for a weekend’s worth of crack. in a dozen or more States, 30 to 40 per- there is an infringement on the Con- Ninety-five percent of the defendants cent of the next generation of black stitution. He is highly respected in this in those cases are African American or men will be permanently prohibited House because of his constitutional Hispanic, while powder cocaine one has from their right to vote. background and expertise. But today to get caught with over $50,000 worth Because the States lack uniformity he comes because he questions the Con- before one is subjected to the same on this matter, the right to vote is de- stitution as we talk about fundamental mandatory minimum. Once one is sub- pendent upon geography rather than rights of those who should have those jected to that, one cannot complain be- reason. Some States will reinstate the rights be restored. cause one loses one’s right to vote.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20714 CONGRESSIONAL RECORD—HOUSE October 4, 2000 Now, I applaud the gentlewoman intent of each State’s statute, similar women’s health and for the HIV/AIDS from California (Mrs. MILLENDER- to the evidence gathered when we epidemic in minority communities. MCDONALD) and the gentleman from passed the Voting Rights Act. Findings Those of us who are people of color Michigan (Mr. CONYERS) and the gen- which just show a possible dispropor- cannot say enough of this woman, who tleman from Illinois (Mr. DAVIS) and tionate impact may not be enough. But may not be a person of color, but she is others for their legislation to address certainly if we can find intent in those a person of conscience. this problem. It is a difficult problem State laws, we can develop legislation. Mr. Speaker, I would like to yield to because of the constitutional complica- This means that in States that have no none other than the gentlewoman from tions. minority population, we probably can- California (Ms. PELOSI). California has Article 1 section 2 of the Constitu- not show that those laws were affected brought us one of its finest, and I tion shows where you find the quali- to discriminate against minorities, but thank her so much. fications for electors. Let me just we should have a hearing record to Ms. PELOSI. I thank the gentle- quote what that says: ‘‘the electors in show which States in fact do. And we woman so very much. I thank her for each State shall have the qualifica- can target our remedy just to those her great leadership and that of the tions requisite for electors of the most States, just like the Voting Rights Act gentleman from Illinois (Mr. DAVIS) numerous Branch of the State Legisla- did where only certain States are sub- and the gentleman from Michigan (Mr. ture,’’ which means that the electors in ject to the preclearance provision. CONYERS) and the gentleman from Vir- Federal elections are those who can Those States were caught discrimi- ginia (Mr. SCOTT). We have been vote for the local State House of Rep- nating. We identified those States and blessed in this institution with great resentatives. The State gets to decide affected the remedy just in those legal minds and great minds that care who can vote. States and not others. about equality. I support the Civil Participation Re- Now, the Federal Constitution in sec- So we need to have hearings next habilitation Act of 1999, which would tion 4 says, that the times, places and year and establish the record that we grant persons, as the gentlewoman has manner of holding elections for Sen- all know is true, that felony disenfran- spelled out, who have been released ators and Representatives can be pre- chisement has a disparate impact on from incarceration, the right to vote in scribed in each State, but Congress black adult men, and exists in many Federal elections. shall be able to make regulations in- States because of discriminatory rea- The points have been very well made volving the time, place and manner; sons. Laying such a foundation will by the Members who have spoken al- but according to section 2, not the permit us to establish a compelling ready. I just want to give a little per- qualifications. State interest for Federal intervention spective from the standpoint of the Now, the 14th amendment and equal and permit us to narrowly tailor the Committee on Appropriations, on protection clause says that the States legislation to address the problem. which I serve. I spent some time on the cannot discriminate against people as That legislation will enable those pres- Subcommittee on Commerce, Justice, they determine the qualifications ex- ently disenfranchised to fully partici- State, and Judiciary, where judges cept for participation in rebellion or pate in our democracy, and we will be would come before us for their appro- other crime, which says specifically able to craft legislation which could priation, and we would have the oppor- that the States may discriminate based withstand constitutional challenge. tunity to ask them about issues like on felony records. Mr. Speaker, I commend the advo- mandatory minimum sentences or Now, Richardson v. Ramirez, a 1974 cacy of the gentlewoman from Cali- making a Federal offense on certain case recognized that felony disenfran- fornia, the gentleman from Illinois, crimes that really should not have chisement law does not on its face vio- and others who have called this special been raised to that level. late the Constitution, and so we are order to expose the compelling issue This rampage that the Congress somewhat limited in what we can do. before us; and even though the solution seemed to have been on, and not only But the vote to determine voter quali- may be complicated constitutionally, the Congress but the State of Cali- fications is not unlimited. we can work, because we must, to ad- fornia too, where we have the ‘‘Three Rogers v. Lodge, 1982, held that at- dress this problem, and we must sup- Strikes You’re Out,’’ and mandatory large electoral systems are unconstitu- port our basic fundamental constitu- minimum sentences, etcetera, where tional if conceived or operated as pur- tional rights to vote. we have had these sentences which go poseful devices to further racial dis- I thank the gentlewoman from Cali- beyond a year and a day and, therefore, crimination by minimizing, cancelling fornia. are considered a felony, we have so out, or diluting the voting strength of Ms. MILLENDER-MCDONALD. My many people now who run the risk of racial elements in a voting population. God, you have done well by my spirit being disenfranchised. and by my soul. I will certainly call on b 1700 This denying voting rights to ex-of- the gentleman as we engage further in fenders is inconsistent with the twin Now, the court identified a number of hearings, because the gentleman has values of democracy and rehabilita- considerations. The presence of ra- given some compelling arguments with tion. Felony voting restrictions only cially polarized voting, the impact of the cases that he has outlined that sug- serve to alienate and isolate individ- past discrimination on the ability of gest to me that we can perhaps fight uals from civil society. Americans be- African Americans to participate, the this, and we will do just that as we go lieve in rehabilitation, that if a debt to lack of responsiveness to the African around this country hearing from folks society is paid, there is no longer a American community, the depressed and hearing what they have to say in debt. Why then should we not have a socioeconomic status of African Ameri- terms of discriminatory practices and universal Second Chance Voting Rights cans can all be considered. And con- then challenge even States and their Act so that people all have a stake in sistent with that, in Hunter v. Under- attorneys general so that we can then America’s future? wood, a 1985 case, the Supreme Court fight this on this floor. Our colleague from Virginia has men- determined that Alabama’s felony dis- I thank the gentleman so much. I tioned the number of African American enfranchisement law, in fact, violated told my colleagues that he was a schol- men, that there are estimates that 1.4 the Equal Protection Clause of the 14th ar in his constitutional knowledge and, million African American men, or 13 amendment because ‘‘Discriminating indeed, he has reflected that today. percent of the total population of black against black as well as poor whites We have with us another great lady adult men, have been disenfranchised was a motivating factor for the law.’’ from the great State of California, who either currently or permanently Thus, the standard becomes clear. in her own right has worked in this disenfranchised as a result of State fel- Any Federal legislation on this topic House on numerous issues, but what ony voting laws. This is outrageous. must be supported by specific evidence she has been so noted for is her fight This is outrageous. We have a chance in the record as to the discriminatory for women and children, for funding for here to do something about it.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20715 And while I am at it, I have talked my colleagues, the gentleman from Think about it. America was founded about people paying their dues to soci- Virginia (Mr. SCOTT) and the distin- as a second chance; a second chance for ety and the mandatory minimum sen- guished gentlewoman from Ohio (Mrs. freedom, a second chance away from tences which elevate some of these of- JONES), as well as our colleague, the religious persecution. Why then are we fenses to felonies; but, in conclusion, I gentlewoman from Texas (Ms. JACK- stripping rights from people who have want to make one other point. We do SON-LEE), who I know will be speaking served their time, paid their debt to so- not have equal representation for all as well, and so many Members who ciety and now want a second chance? the people in our society when they are have spoken on this issue today. We must remember that this Nation accused of a crime. It simply does not I thank all my colleagues for their stood up when it granted women the happen. It comes into play when we leadership. We are all in your debt. right to vote. This Nation stood up talk about the death penalty, which is Ms. MILLENDER-MCDONALD. I over 2 decades ago when African Amer- a different issue; but when we have ev- thank the gentlewoman so much. The icans were disenfranchised by Jim eryone having the same caliber of legal gentlewoman has touched on an issue Crow, by all the poll taxes, all the lit- representation, then we can talk about that we certainly will be looking at as eracy tests, and recognized that dis- everyone having the same risk in terms we probe into this whole notion of dis- enfranchisement runs counter to our of where penalties are concerned. criminatory practices when it comes to democratic ideals of freedom, justice, So where we have a situation where voting rights, especially for those who and liberty. Congress is interested in making some have served their debt to society, and In the United States, felony convic- offenses felonies, by either making the one is mandatory sentencing. We really tions bring civil consequences. We all sentence a year and a day, or we have need to see how that plays into the in- know that. Offenders may lose the the situation where young people sim- ability of one having to have the res- right to vote, sit on juries, hold offices, ply do not know about the ‘‘Three toration of their voting rights. So that and obtain various licenses. The prob- Strikes You’re Out,’’ the mandatory is one thing we will look at critically lem is that these penalties continue minimums, the risks they take in mak- as we move into venues with hearings. long after the sentence is served and ing mistakes when they are very As I said, the gentlewoman from long after the debt is paid. Let us give California may not be a woman of young, they cannot afford to pay for those rights back to give an oppor- color, but she is a woman of con- the kind of representation that some- tunity for the offenders to be whole science. again. body else, who might get off because Well, Mr. Speaker, now we have a Forty-six States and the District they had a much better lawyer, gets. woman of color who once was a pros- Also, there is an interest on the part deny convicted adults in prison the ecutor and a judge out of the great of prosecutors sometimes for a plea, right to vote; 32 States disenfranchise State of Ohio. She has come in and put and people with information have a felons on parole; 29 disenfranchise her paw prints on this place in such a plea. Lots of times these kids have no those on probation; and 14 bar ex-of- short time. She has gone around this fenders for life. We have already gone information. Lots of times they just country talking about predatory lend- through the statistics. Think about it got caught with a small amount of a ing. drug. They do not have information, so As her predecessor said, the gentle- like this. My predecessors died for me they go to jail. Somebody higher up, woman from Ohio (Mrs. JONES) is some- to have the right to vote. What that who has information, can plea, can af- one she knew was going to come in like did was it not only gave people the ford better representation; and these a strike of lightning, and she has done right to vote, but it gave them the op- kids, again, are the ones who go to jail, just that. With her experience in the portunity to be heard, and it also made lose their right to vote. Even after courts, with her experience in other them responsible citizens in their com- they pay their debt to society, they areas of the justice system, she has munity. may not be able to vote. certainly served us well even in her By disenfranchising so many people So I thank the gentlewoman for short time. in our communities, particularly dis- doing this. It is so fundamental to our I thank the gentlewoman so much for proportionately African Americans, we democracy that everyone have a stake being with us tonight. disenfranchise a Nation, a generation in it; that everyone be able to fully Mrs. JONES of Ohio. Mr. Speaker, I of young people whose parents will not participate. We cannot say to young am pleased to join the gentlewoman know about voting. So how can they people who have made a mistake that from California (Ms. MILLENDER- take their children to the ballot box if they are going to pay for it forever in MCDONALD) this afternoon in the spe- they have not had the right to vote? If terms of their full enfranchisement as cial order, as well as my colleagues, we want the people to believe that they a citizen in our country. Certainly as the gentleman from Illinois (Mr. have a part in this society, that they long as we are a country where rep- DAVIS), the gentlewoman from Cali- are useful in this society, we need to resentation is unequal as far as rep- fornia (Ms. PELOSI), and the gentleman give them the opportunity and the resentation in the courts, we cannot from Virginia (Mr. SCOTT). I am right to vote so that they can then act have these, shall we say, capital pun- pleased to stand and rise in support of responsibly and go out and vote. ishments, as far as voting is concerned. the special order with regard to H.R. Some will argue this legislation So I thank the gentlewoman for what 5158, Second Chance Voting Rights Act makes legislators soft on crime. Non- she is doing from the perspective of my of 2000 and H.R. 906, Civic Participation sense. Legislation like Second Chance district and from the perspective as a and Rehabilitation Act of 1999. and Civic Participation make legisla- proprietor who has heard over and over It is interesting that while voter reg- tors not soft on crime but strong on de- and over from the judges, please, stop, istration drives move at full speed, and mocracies. Others are concerned that Congress, from making all these man- while campaign speeches are given to victims and ex-felons might determine datory minimum sentences. Give us varying constituencies, one group is election outcomes, particularly where some discretion. Stop federalizing still left out. We always say, ‘‘It is local sheriffs and judges have run these offenses. That takes us down a your vote that is your voice. If you do tough-on-crime campaigns. Nonsense. path which is exacerbated by the dis- not vote, you do not have a voice.’’ The Voting is a right that comes with citi- enfranchisement that you are trying to people without a voice today are those zenship. Let us give it back. correct here. in the States wherein convicted felons Why do I support both these pieces of So I commend the gentlewoman and who have completed their time in jail legislation? Because participation aids the gentleman from Illinois (Mr. or who are off of parole do not have the in rehabilitation and public confidence. DAVIS), the gentleman from Michigan right to vote. That is why I am proud Ex-offenders have served their time; let (Mr. CONYERS), our distinguished rank- to stand in support of both of these us not punish them forever. And felony ing member on the Committee on the bills, and I urge my colleagues to do voting restrictions have strong racial Judiciary; and I am pleased to join all the same. overtones, since African Americans are

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20716 CONGRESSIONAL RECORD—HOUSE October 4, 2000 disproportionately represented in the emphasize again that 3.9 million Amer- Ms. EDDIE BERNICE JOHNSON of criminal justice system. icans, or one in 50 adults, currently Texas. Mr. Speaker, I want to express b 1715 cannot vote because of a felony convic- my appreciation to the leadership and tion. for the bill that has been introduced We must do better. If we are discour- Now, as a member of the House Com- for this subject because I think that it aged about low voting participation mittee on the Judiciary, I think it is is of high priority. from the general public, let us do some- important for the American public to Mr. Speaker, today I became a cosponsor thing positive about it. Let us give ex- realize that we, too, uphold the Con- of H.R. 5158, the Second Chance Voting offenders a new chance, a second stitution and believe in its tenets, and Rights Act of 2000. The legislation, authored chance, a new start to start their life, that is the value of the right to vote, by my colleague Representative JUANITA liberty and the pursuit of happiness. the value of democracy, but we also re- MILLENDER-MCDONALD, would automatically re- We must clear up this stain on our alize that juxtaposed alongside of the store federal voting rights to any formerly in- Nation and support both of these pieces Constitution are a myriad of State carcerated person upon the unconditional re- of legislation. criminal statutes that make our coun- lease of that individual from incarceration and Let me finally close with a couple of try a country of laws governed by the completion of their sentence, including parole. anecdotes. When I served as a judge and people people. We understand that. This legislation is necessary because thou- I had placed on probation completed But in this time of great necessity of sands of ex-offenders are denied the funda- their probation and were sent out in human capital, the great need for mental right to vote. Under the Constitution, the world, they were discouraged be- human capital, is it not shameful that states have the authority to deny the right to cause they could not get a job, they we waste those individuals who have vote to an individual who is imprisoned and to were discouraged because they did not dutifully paid back to society for what restore that right once a person is released. have a right to vote, they were discour- they have done? Many states automatically return the right to I would hope that people would un- aged because they could not get a li- vote once the former prisoner’s sentence has derstand or that, as we are partici- cense. We must give these persons an been completed. However, some states re- pating in this discussion, that all who opportunity to become useful citizens quire prisoners to meet certain procedural re- are listening would understand that in our community. quirements to have their voting rights restored, Think about it like this: Right now what we are talking about are individ- and a few go as far as requiring a ‘‘pardon’’ on the TV on the Divorce Court, we uals who have in fact paid back their for voting rights to be restored. In my own have a young judge who was a juvenile time, and yet they cannot be allowed state of Texas, the right to vote is not restored offender. He turned his life around. He to vote. They cannot vote in Federal until two years after the prisoner receives a is a shining example of young people elections, and many times they cannot certificate of discharge, two years after com- who can turn their lives around when vote in our State elections. pleting probation, or by pardon. In other aided and supported and make a dif- Let me applaud some of the work words, former prisoners in Texas do not share ference in our society. that has been done in the State of in the basic rights that other Texans enjoy be- Support the right thing. Support a Texas which is now working to indicate cause they must wait two years before regain- second chance. Support H.R. 5158 and to those ex-felons who have done their ing their voting rights. H.R. 906. time that they can be re-enfranchised. This situation in Texas and in many other Mr. Speaker, I thank the gentle- This is a key element of what we are parts of the country is fundamentally wrong. woman from California (Ms. trying do on the Federal level. Citizens should not be deprived of the right to MILLENDER-MCDONALD) for her leader- Last evening about 75 to 80 million vote once they have paid their debt to society ship on this issue and I would ask all people listened to the Presidential de- in full. my colleagues to join in the leadership bates, as they will listen over the next Allow me to share with you that in Texas I team and vote in favor in support of couple of days. I would simply say that am coordinating with Yvonne Davis and Terry these pieces of legislation. they are privileged to not only listen, Hodge, Texas state representatives and mem- Ms. MILLENDER-MCDONALD. Mr. but they are privileged to vote. bers of the Texas Legislative Black Caucus, Speaker, I thank the gentlewoman for Why would we extinguish the valu- an effort to reach out to individuals who have her comments. I think she made a very able human capital of young people in been released from incarceration. The effort telling statement when she says pen- our community, of individuals who will involve enlisting voter education groups to alties last long after probationary peri- made a mistake when they were young reach out to these individuals and public serv- ods. What a telling statement that is. and have paid their dues, why would we ice announcements to encourage these indi- I am told I have a shorter period of extinguish their right to vote? viduals to register and to vote on November time than I thought I had, and so I will And so, I think that we must look to 7th. This effort was launched in early August. give the remainder of the 5 minutes this Federal legislation because I be- It will remind individuals that although they lost that I have to an outstanding young lieve there are only about 20 States many of their rights while incarcerated, they woman who hails from the great State that automatically restore the right to are again full-fledged Americans who have the of Texas, who everyone knows in my vote. And, therefore, this Second same rights as their fellow citizens to help State because of the absolutely ster- Chance Voting Rights Act of 2000 is to elect leaders who will shape the future direc- ling presentation she did during the re-enfranchise our brothers, our sis- tion of this country. impeachment. ters, mothers, fathers and others. Ms. MILLENDER-MCDONALD. Mr. Speaker, Mr. Speaker, I yield to the gentle- Mr. Speaker, I want to thank the the 14th Amendment to the Constitution of the woman from Texas (Ms. JACKSON-LEE). gentlewoman from California for lead- United States guarantees every American cit- Ms. JACKSON-LEE of Texas. Mr. ing on this special order, not only to izen the right to vote. When our country was Speaker, I thank the gentlewoman educate but to help us legislate free- founded, the right to vote was preserved for from California for her leadership. dom. Freedom is not easy. It is not white men and property owners. It took the Mr. Speaker, I rise to join with my cheap. Let us not deny those Ameri- women’s suffrage movement to enfranchise colleagues on reemphasizing to the cans who have now come forward and women and the Civil Rights Movement to fully American people and to our House col- say, I know that I did not do right, but enfranchise African-Americans and other peo- leagues and to the other body the im- I have paid the time. Let us enfran- ple of color in this country. In the words of portance of H.R. 5158, Second Chance chise them. Susan B. Anthony, ‘‘we the people’’ were not Voting Rights of 2000, and H.R. 906, the Ms. MILLENDER-MCDONALD. Mr. just the select few but ‘‘we,’’ the whole people, Civic Participation and Rehabilitation Speaker, I thank the gentlewoman for including all of us, formed this Union. Act of 1999 offered by the gentleman her comments. Today, we have awakened to a new chal- from Michigan (Mr. CONYERS). Mr. Speaker, I yield to the gentle- lenge for this Republic—restoring the voting I know that we have heard these woman from the State of Texas (Ms. rights of men and women who committed numbers, but might I, Mr. Speaker, EDDIE BERNICE JOHNSON). crimes but have paid their debt to society.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 9920 E:\BR00\H04OC0.001 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20717 While the Constitution takes away the voting hear from your colleagues why we need to en- nearly 40 million people on Medicare, rights of individuals convicted of serious franchise all these women and men. I have in- one-third have no prescription drug crimes, the States are given the power to re- troduced H.R. 5158, the Second Chance Vot- coverage and 20 percent have coverage store this right. Through our criminal justice ing Rights Act of 2000, to do just that. Others that does not last the full year. system, hundreds of thousands of men and like my friends and colleagues Representative In other words, millions of seniors women have been politically disenfranchised— JOHN CONYERS and Representative DANNY are suffering in ways that are morally many of whom are poor and minority and who DAVIS also have introduced legislation to en- wrong, especially for such a wealthy committed nonviolent crimes. Many of these franchise these Americans. You will hear from and caring Nation. individuals have paid their debt to society. them now. How can we turn our backs on our Some States have restored their right to vote Representative DANNY DAVIS; Representa- seniors? To paraphrase the late Senator Hu- automatically while others hold this right hos- tive JULIA CARSON; Representative STEPHANIE bert Humphrey, the true moral test of tage to politics. TUBBS JONES; Representative NANCY PELOSI a government is how it treats those Laws governing the restoration of voting (maybe); Representative BOBBY SCOTT; Rep- that are in the dawn of life, our chil- rights after a felony conviction are unequal resentative SHEILA JACKSON-LEE; and Rep- dren, those who are in the twilight of throughout the country. Persons in some resentative EDDIE BERNICE JOHNSON; for unan- States can easily regain their voting rights imous consent. life, our elderly, and those who are in while in other States persons effectively lose The last day to register is coming up soon. the shadows of life, the sick, the dis- their right to vote permanently. Every person who is not registered should abled, and the less fortunate. The elderly and the sick and the dis- Two States do not disenfranchise felons at check with your county registrar of voters and abled should not have to make the ter- all. make sure you get registered. I want to en- rible choice between food and medi- Forty-six States and the District of Columbia courage all Americans of every political per- cine. have disenfranchisement laws that deprive suasion to register and vote on election day, In that vein, last year I introduced H. convicted offenders of the right to vote while November 7. I particularly want to encourage Con. Res. 152, which called upon Con- they are in prison. ex-offenders who live in States that have re- gress to pass meaningful legislation In thirty-two States, convicted offenders may stored their voting rights automatically to reg- that would give all seniors prescription not vote while they are on parole. ister and vote. These States are: California; drug coverage. In twenty-nine States probationers may not Colorado; District of Columbia; Hawaii; Idaho; I am sure my colleagues here in the vote. Illinois; Indiana; Kansas; Maine; Massachu- House are aware of the enormity of Fourteen States disenfranchise ex-offenders setts; Michigan; Montana; New York; North this issue. I am sure they know that who have fully served their sentences, no mat- Dakota; Ohio; Oregon; and Pennsylvania. upwards of 13 million seniors in this ter the nature or seriousness of the offense. In our great representative democracy, we Nation are without any kind of pre- Seventeen States require gubernatorial par- must not deny anyone who is eligible to vote; scription drug benefit and that over don, legislative action, or administrative proce- even those who have paid their debts to soci- one-third of those currently on Medi- dures to restore the right to vote. ety not be given this fundamental right. care have no outpatient drug benefit. State disenfranchisement laws dispropor- Remember. Every vote counts and your Seniors are asking for a real drug tionately affect the poor and ethnic minorities. vote can make a difference. Register to vote benefit package. We need a reordering They are more likely to be arrested, charged by October 8 and vote on November 7. of priorities. During a period in our more harshly, poorly represented in court, Mr. Speaker, again, thanks to all of history when we are experiencing un- convicted and receive harsher sentences. the Members who have come tonight. precedented budget surpluses, we need Whether we like these people, whether we f to include a prescription drug plan that want to know them personally, or whether we PRESCRIPTION DRUG BILL will cover all seniors and it should be want to share private lives with them, they are through the Medicare program, not The SPEAKER pro tempore (Mr. part of the ‘‘whole people’’ of America. They through HMOs or private insurance ISAKSON). Under a previous order of the deserve a second chance to vote. companies who have failed miserably House, the gentleman from Pennsyl- Consider these statistics: in the delivery of health care in this vania (Mr. MASCARA) is recognized for 5 An estimated 3,900,000 Americans, or one country. in fifty adults, currently cannot vote because of minutes. So let us get together, let us work to- a felony conviction. Women represent about a Mr. MASCARA. Mr. Speaker, my wife gether and pass a piece of legislation half million of this total. Dolores and I have spoken on many oc- that will help our seniors. Three-fourths (73%) of the 3,900,000 dis- casions about the need to pass a pre- qualified voters are not in prison, but are on scription drug bill. f probation, parole or are ex-offenders. Some of our friends back in south- RURAL AMERICA Over the last decade alone, over 560,000 west Pennsylvania are affected by the The SPEAKER pro tempore. Under a Americans served their entire sentence, stand lack of coverage. I come to the floor to previous order of the House, the gen- free and clear of incarceration and parole and express my deep concern regarding the tleman from Pennsylvania (Mr. PETER- have paid their debt to society. An estimated continued lack of prescription drug SON) is recognized for 5 minutes. 65,000 of these Americans are women. And, coverage for many of our Nation’s sen- Mr. PETERSON of Pennsylvania. Mr. they cannot vote in some States. iors. Speaker, I rise today to talk about Today, you will hear from fellow Members of I recently received a letter from a rural America. Congress who believe firmly that those individ- constituent who worked his entire life Sometimes I think it is the forgotten uals who have committed crimes, paid their in a blue collar job. He retired on a part of America. Having lived my en- debt to society, and been released free and small nest egg and his monthly Social tire life there, I think it is the heart clear should be allowed to vote. This may Security check. Although his health is and soul of America. In my view, it is seem like a radical proposition, but it is not. It relatively good, he still spends over 40 the part of this country where basic is fundamentally consistent with the principles percent of his income on health care values are still important, where peo- we live by in this country—when you pay your costs, including a monthly prescription ple believe they work hard for a day’s debt to society by spending time in prison, drug bill that is over $400 a month. Un- pay and they are willing to do their your punishment is complete. At that point, our fortunately, he does not have prescrip- fair share, they do not want a free society releases you back into society and ex- tion drug insurance and every month lunch. pects you to be rehabilitated socially with fam- he is forced to cut back on food and But as we look at the history in the ily, friends, and community, and economically medicine. last 8 years, and we will start with ag- with jobs. It is time now to pay attention to I assure my colleagues he is not riculture, in the times of unparalleled your civic rehabilitation. alone. The AARP estimates that the prosperity, the finest economy Amer- Minority and poor people are over-rep- average out-of-pocket prescription cost ica has ever had, agriculture is strug- resented in these numbers. Tonight, you will for seniors is $349 per month. Of the gling to even exist.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20718 CONGRESSIONAL RECORD—HOUSE October 4, 2000 Family farms are leaving all parts of When we add the State governments in, REPORT ON RESOLUTION PRO- America. In my part of Pennsylvania, we are at about 44 or 45 percent of pub- VIDING FOR CONSIDERATION OF we have been watching that and they lic ownership. And when we add local H.R. 2941, LAS CIENEGAS NA- grow up into rag weed and other weeds governments in, we are approaching TIONAL CONSERVATION AREA for a few years and then they become half of America is owned by govern- ESTABLISHMENT ACT OF 1999 brush and then they grow back to for- ment. Mr. GOSS, from the Committee on ests. So government policies from an ad- Rules, submitted a privileged report How could agriculture not flourish ministration have an awful lot to do (Rept. No. 106–935) on the resolution (H. when our economy is so strong? We with whether we practice good forestry Res. 610) providing for consideration of have had a Clinton-Gore administra- and whether we are able to timber. the bill (H.R. 2941) to establish the Los tion that has not kept their promise to Timber is a natural resource and it is Cienegas National Conservation Area American farmers. They promised to a resource that replenishes itself. You in the State of Arizona, which was re- open world markets. We have unparal- could have good forestry practice on ferred to the House Calendar and or- leled ability in this country to produce the land forever and it will continue to dered to be printed. food and fiber. But without world mar- grow fine quality timber that we use to kets, there is no place to sell their build our homes, make our paper, and f products. all the things we sort of take for grant- REPORT ON RESOLUTION PRO- Farm products have never been ed. VIDING FOR CONSIDERATION OF cheaper. Agriculture products have S. 2311, RYAN WHITE CARE ACT never been at a lower value. And it is b 1730 AMENDMENTS OF 2000 almost impossible for so many of our I am told we are approaching 50 per- Mr. GOSS, from the Committee on farmers to pay the bills. So agriculture cent on the importation now of Rules, submitted a privileged report has had a bad 8 years during Clinton- softwoods in this country because we (Rept. No. 106–936) on the resolution (H. Gore, and I do not think we can stand have had a policy that opposes cutting Res. 611) providing for consideration of 8 more. We need a leader in this coun- timber. the Senate bill (S. 2311) to revise and try that will open our markets and Public land ownership I have talked extend the Ryan White CARE Act pro- help agriculture to be profitable once about. When a huge part of a State and grams under title XXVI of the Public again. much of rural America, that is where Energy, the issue that is in the pock- Health Service Act, to improve access they own, in rural America, when you etbooks of all Americans. We are going to health care and quality of care have public policy changes, you have a to have a winter this year where the under such programs, and to provide huge impact on the rural economies; poorest of Americans will pay in some for the development of increased capac- when you no longer allow grazing; places twice as much for their home ity to provide health care and related when you no longer allow mining; when heating fuel as they paid last year. support services to individuals and you no longer allow timbering. Much of How did that happen? How did we go families with HIV disease, and for our land was purchased with a promise from $10 oil to $35 oil in less than 18 other purposes, which was referred to that it would be multi-use, it would be months? It is because this leadership of the House Calendar and ordered to be for recreation, it would be for natural the Clinton-Gore administration had printed. resource supply. Today, that promise no energy policy. They were drunk on f has been broken. cheap oil. They paid no attention to While we own all this land, our Na- LEAVE OF ABSENCE the oil patches of this country and the tional Park Service and our Forest other energy resources of this country, By unanimous consent, leave of ab- Service facilities, our Bureau of Land and they allowed them to slowly go out sence was granted to: Management facilities and our Fish of business. Mr. HEFLEY (at the request of Mr. During this administration, our de- and Wildlife Service facilities have ARMEY) for today and October 5 on ac- pendency has gone from 36 percent to never been in greater disrepair, because count of illness. 56 percent oil not from our friends, not we are on a land-buying grab. We are in Mr. BACA (at the request of Mr. GEP- from our neighbors in many cases, but the process of buying land and not HARDT) for today on account of a fam- from unstable parts of the world who maintaining the land we have. Many of ily illness. these things and many more are the care nothing about our economic fu- f ture. reasons why rural America has not And today, the policies of this admin- prospered under this administration, SPECIAL ORDERS GRANTED istration have put us in a position and it needs new leadership in Wash- By unanimous consent, permission to where we could be paying $45 for oil be- ington if it is to survive. address the House, following the legis- fore the year is over. And we all know lative program and any special orders f what that will do to home heating, cost heretofore entered, was granted to: (The following Members (at the re- of trucking, cost of driving our vehi- RECESS cles. quest of Mr. DIXON) to revise and ex- A lack of an energy policy of the The SPEAKER pro tempore (Mr. tend their remarks and include extra- Clinton-Gore administration has been ISAKSON). Pursuant to clause 12 of rule neous material:) devastating to rural America. Because I, the Chair declares the House in re- Mr. BROWN of Ohio, for 5 minutes, not only do we consume it, that is cess subject to the call of the Chair. today. where we produce it. Accordingly (at 5 o’clock and 31 min- Mr. DEFAZIO, for 5 minutes, today. The timber industry. In the West, we utes p.m.), the House stood in recess Mr. CLAY, for 5 minutes, today. have great softwoods. In the eastern subject to the call of the Chair. Mr. PALLONE, for 5 minutes, today. part of the United States, we have the Mr. MASCARA, for 5 minutes, today. finest hardwoods forests in the world. f Mr. UNDERWOOD, for 5 minutes, today. My district has one of the finest hard- Mr. GREEN of Texas, for 5 minutes, wood forests in America. But again we b 1850 today. have watched Clinton-Gore policies Mrs. MALONEY of New York, for 5 that have tried to stop all timbering on AFTER RECESS minutes, today. public lands. The recess having expired, the House (The following Members (at the re- Someone might say, well, that was called to order by the Speaker pro quest of Mr. KUYKENDALL) to revise and sounds good. But you know the Federal tempore (Mr. DREIER) at 6 o’clock and extend their remarks and include ex- Government owns a third of America. 50 minutes p.m. traneous material:)

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Mr. METCALF, for 5 minutes, today On October 3, 2000: 10441. A letter from the Chief, Office of and October 5. H.R. 4115. To authorize appropriations for Plans and Policy, Federal Communications Mr. PETERSON of Pennsylvania, for 5 the United States Holocaust Memorial Mu- Commission, transmitting the Commission’s minutes, today and October 5 and 6. seum, and for other purposes. final rule—Compatibility Between Cable H.R. 3363. For the relief of Akal Security, Systems And Consumer Electrontics Equip- Mr. SMITH of Michigan, for 5 minutes, Incorporated. ment [PP Docket No. 00–67] received October today and October 5, 10, and 11. H.R. 4931. To provide for the training or 2, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. DUNCAN, for 5 minutes, today. orientation of individuals, during a Presi- the Committee on Commerce. (The following Members (at their own dential transition, who the President intends 10442. A letter from the Office of Congres- request) to revise and extend their re- to appoint to certain key positions, to pro- sional Affairs, Nuclear Regulatory Commis- marks and include extraneous mate- vide for a study and report on improving the sion, transmitting the Commission’s final rial:) financial disclosure process for certain Presi- rule—Domestic Licensing of Special Nuclear dential nominees, and for other purposes. Material; Possession of a Critical Mass of Ms. JACKSON-LEE of Texas, for 5 min- H.R. 5193. To amend the National Housing Special Nuclear Material (RIN: 3150–AF22) utes, today. Act to temporarily extend the applicability received September 20, 2000, pursuant to 5 Mrs. CLAYTON, for 5 minutes, today. of the downpayment simplification provi- U.S.C. 801(a)(1)(A); to the Committee on Mrs. KELLY, for 5 minutes, today. sions for the FHA single family housing Commerce. Mr. YOUNG of Alaska, for 5 minutes, mortgage insurance program. 10443. A letter from the Director, Inter- today. f national Cooperation, Office of the Under Secretary of Defense, Department of De- f ADJOURNMENT fense, transmitting a copy of Transmittal SENATE BILL AND CONCURRENT Mr. GOSS. Mr. Speaker, I move that No. 13–00 which constitutes a Request for RESOLUTIONS REFERRED the House do now adjourn. Final Approval for the project arrangement The motion was agreed to; accord- with Australia concerning Advanced Arma- A bill and concurrent resolutions of ment Technologies (‘‘Metal Storm Project’’), the Senate of the following titles were ingly (at 6 o’clock and 51 minutes pursuant to 22 U.S.C. 2767(f); to the Com- taken from the Speaker’s table and, p.m.), the House adjourned until to- mittee on International Relations. under the rule, referred as follows: morrow, Thursday, October 5, 2000, at 10444. A letter from the Assistant Sec- 10 a.m. retary for Legislative Affairs, Department of S. 2440. An act to amend title 49, United f State, transmitting certification of a pro- States Code, to improve airport security; to posed license for the export of defense arti- the Committee on Transportation and Infra- EXECUTIVE COMMUNICATIONS, cles or defense services sold commercially structure. ETC. under a contract to the United Kingdom S. Con. Res. 60. Concurrent resolution ex- Under clause 8 of rule XII, executive [Transmittal No. DTC 113–00], pursuant to 22 pressing the sense of Congress that a com- U.S.C. 2776(c); to the Committee on Inter- memorative postage stamp should be issued communications were taken from the national Relations. in honor of the U.S.S. Wisconsin and all those Speaker’s table and referred as follows: 10445. A letter from the Assistant Sec- who serve aboard her; to the Committee on 10436. A letter from the Assistant General retary for Legislative Affairs, Department of Government Reform. Counsel for Regulations, Department of State, transmitting certification of a pro- S. Con. Res. 70. Concurrent resolution re- Housing and Urban Development, transmit- posed Manufacturing License Agreement questing that the United States Postal Serv- ting the Department’s ‘‘Major’’ final rule— with Japan [Transmittal No. DTC 117–00], ice issue a commemorative postage stamp Fair Market Rents: Increased Fair Market pursuant to 22 U.S.C. 2776(d); to the Com- honoring the national veterans service orga- Rents and Higher Payment Standards for mittee on International Relations. nizations of the United States; to the Com- Certain Areas [Docket No. FR 4606–1–01] 10446. A letter from the Assistant Sec- mittee on Government Reform. (RIN: 2501–AC75) received October 2, 2000, retary for Legislative Affairs, Department of S. Con. Res. 141. Concurrent resolution to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- State, transmitting certification of a pro- authorize the printing of copies of the publi- mittee on Banking and Financial Services. posed license for the export of defense arti- cation entitled ‘‘The United States Capitol’’ 10437. A letter from the Executive Director, cles or defense services sold commercially as a Senate document; to the Committee on Emergency Oil and Gas Guaranteed Loan under a contract to Japan [Transmittal No. House Administration. Board, transmitting the Board’s final rule— DTC 096–00], pursuant to 5 U.S.C. 801(a)(1)(A); f Emergency Oil and Gas Guaranteed Loan to the Committee on International Rela- Program; Financial Statements (RIN: 3003– tions. ENROLLED BILL SIGNED ZA00) received October 2, 2000, pursuant to 5 10447. A letter from the Director, Federal Mr. THOMAS, from the Committee U.S.C. 801(a)(1)(A); to the Committee on Emergency Management Agency, transmit- on House Administration, reported Banking and Financial Services. ting the revised Strategic Plan FY 2000 10438. A letter from the Executive Director, Through FY 2006; to the Committee on Gov- that that committee had examined and Emergency Steel Loan Guarantee Board, ernment Reform. found truly enrolled a bill of the House transmitting the Board’s final rule—Emer- 10448. A letter from the Chairman and Gen- of following title, which was thereupon gency Steel Guarantee Loan Program; Par- eral Counsel, National Labor Relations signed by the Speaker. ticipation in Unguaranteed Tranche (RIN: Board, transmitting the Commercial Activi- H.R. 4365. An act to amend the Public 3003–ZA00) received October 3, 2000, pursuant ties Inventory as required by the Federal Ac- Health Service Act with respect to children’s to 5 U.S.C. 801(a)(1)(A); to the Committee on tivities Inventory Reform Act of 1998 (the health. Banking and Financial Services. FAIR ACT); to the Committee on Govern- 10439. A letter from the Deputy Associate ment Reform. f Administrator, Environmental Protection 10449. A letter from the Chairman, Na- SENATE ENROLLED BILL SIGNED Agency, transmitting the Agency’s final tional Labor Relations Board, transmitting rule—Approval and Promulgation of State the Office of the Inspector General Fiscal The SPEAKER announced his signa- Plans—North Carolina: Approval of Revi- Year 2000 A–76 Submission Annual Inventory ture to an enrolled bill of the Senate of sions to the North Carolina State Implemen- Submission as required under the Federal the following title: tation Plan; Technical Correction [NC–087– Activities Inventory Reform Act of 1998; to 9939; FRL–6881–1] received October 4, 2000, the Committee on Government Reform. S. 302. An act for the relief of Kerantha pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 10450. A letter from the Chairman and Gen- Poole-Christian. mittee on Commerce. eral Counsel, National Labor Relations f 10440. A letter from the Deputy Associate Board, transmitting the National Labor Re- Administrator, Environmental Protection lations Board’s Strategic Plan for Fiscal BILLS PRESENTED TO THE Agency, transmitting the Agency’s final Years 2000 through 2002; to the Committee on PRESIDENT rule—Approval and Promulgation of Air Government Reform. Mr. THOMAS, from the Committee Quality Implementation Plans; Virginia; Re- 10451. A letter from the Director, National on House Administration, reported vised 15% Plan for Northern Virginia Portion Science Foundation, transmitting the Gov- of the Metropolitan Washington, D.C. Ozone ernment Performance and Results Act that that committee did on the fol- Nonattainment Area [VA088–5051a; FRL– Stategic Plan for FY 2001–2006; to the Com- lowing date present to the President, 6880–8] received October 4, 2000, pursuant to 5 mittee on Government Reform. for his approval, bills of the House of U.S.C. 801(a)(1)(A); to the Committee on 10452. A letter from the Commissioner, So- the following titles: Commerce. cial Security Administration, transmitting a

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.001 H04OC0 20720 CONGRESSIONAL RECORD—HOUSE October 4, 2000 copy of the strategic plan entitled, ‘‘Mas- for printing and reference to the proper to certain provisions of title 5, United States tering the Challenge’’; to the Committee on calendar, as follows: Code, enacted by the Congressional Review Government Reform. Act; to the Committee on the Judiciary. Mr. MCCOLLUM: Committee on the Judici- 10453. A letter from the Director, Policy ary. H.R. 5136. A bill to make permanent the By Mr. FLETCHER (for himself, Mr. Directives and Instructions Branch, Immi- authority of the Marshal of the Supreme EWING, Mr. BOUCHER, Mr. WHITFIELD, gration and Naturalization Service, Depart- Court and the Supreme Court Police to pro- Mr. LEWIS of Kentucky, and Mr. ment of Justice, transmitting the Depart- vide security beyond the Supreme Court MCINTYRE): ment’s final rule—Landing Requirements for building and grounds (Rept. 106–931). Re- H.R. 5381. A bill to provide for a more re- Passengers Arriving From Cuba [INS No. ferred to the Committee of the Whole House strictive tariff-rate quota on imports of to- 2045–00] (RIN: 1115–AF72) received October 3, on the State of the Union. bacco; to the Committee on Ways and Means. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. CANADY: Committee on the Judici- By Mr. FLETCHER (for himself, Mr. Committee on the Judiciary. ary. H.R. 5018. A bill to amend title 18, EWING, Mr. BOUCHER, Mr. WHITFIELD, 10454. A letter from the Director, Office of United States Code, to modify certain provi- Mr. LEWIS of Kentucky, Mr. MCIN- Congressional Affairs, Nuclear Regulatory sions of law relating to the interception of TYRE, and Mr. GOODE): Agency, transmitting the Agency’s final communications, and for other purposes; H.R. 5382. A bill to allow the Secretary of rule—Adjustment of Civil Penalties for Infla- with an amendment (Rept. 106–932). Referred Agriculture to use existing authorities to tion Miscellaneous Administrative Changes to the Committee of the Whole House on the provide export promotion assistance for to- (RIN: 3150–AG59) received October 4, 2000, State of the Union. bacco and tobacco products of the United pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. GILMAN: Committee on International States; to the Committee on Agriculture. mittee on the Judiciary. Relations. House Resolutions 596. Resolution By Mr. BARRETT of Nebraska: 10455. A letter from the the Assistant Sec- calling upon the President to ensure that the H.R. 5383. A bill to amend the child and retary of the Army, the Department of De- foreign policy of the United States reflects adult care food program under the Richard fense, transmitting a notification from the appropriate understanding and sensitivity B. Russell National School Lunch Act to pro- Secretary of the Army supporting the au- concerning issues related to human rights, vide alternative reimbursement rates under thorization and, subject to the Sacramento ethnic cleansing, and genocide documented Area Flood Control Agency adopting and en- that program for family or group day care in the United States record relating to the forcing measures which would preserve the homes located in less populous areas; to the Armenian Genocide, and for other purposes; project’s level of flood protection, plans to Committee on Education and the Workforce. with an amendment (Rept. 106–933). Referred implement the South Sacramento County By Mr. BOEHLERT (for himself and Streams through the normal budget process; to the House Calendar. Mr. LAZIO): Mr. YOUNG OF Alaska: Committee on Re- (H. Doc. No. 106—298); to the Committee on H.R. 5384. A bill to establish a pilot pro- sources. H.R. 2941. A bill to establish the Las Transportation and Infrastructure and or- gram to encourage the use of alternative fuel Cienegas National Conservation Area in the dered to be printed. vehicles in public transportation, and for 10456. A letter from the Program Analyst, State of Arizona; with an amendment (Rept. other purposes; to the Committee on Trans- FAA, Department of Transportation, trans- 106–934). Referred to the Committee of the portation and Infrastructure. mitting the Department’s final rule—Air Whole House on the State of the Union. By Mr. COBURN (for himself, Mr. Mr. HASTINGS of Washington: Committee Tour Operators in the State of Hawaii [Dock- ARMEY, Mr. DELAY, Mr. WATTS of et No. 27919; Special Federal Aviation Regu- on Rules. House Resolution 610. Resolution Oklahoma, Mr. SMITH of New Jersey, lation (SFAR 71) (RIN: 2120–AG–44) received providing for consideration of the bill (H.R. Mr. OBERSTAR, Mr. STUPAK, Mrs. September 28, 2000, pursuant to 5 U.S.C. 2941) to establish the Las Cienegas National MYRICK, Mr. RAHALL, Mr. ADERHOLT, 801(a)(1)(A); to the Committee on Transpor- Conservation Area in the State of Arizona Mr. BAKER, Mr. SHIMKUS, Mrs. EMER- tation and Infrastructure. (Rept. 106–935). Referred to the House Cal- SON, Mr. SCHAFFER, Mr. DEMINT, Mr. 10457. A letter from the Deputy Associate endar. DOOLITTLE, Mr. WAMP, Mr. ISTOOK, Administrator, Environmental Protection Mr. GOSS. Committee on Rules. House Mr. HILLEARY, Mr. BURR of North Agency, transmitting the Agency’s final Resolution 611. Resolution providing for con- Carolina, Mr. TANCREDO, Mr. VITTER, rule—Identification of Approved and Dis- sideration of the bill (S. 2311) to revise and Mr. PICKERING, Mr. ENGLISH, Mr. approved Elements of the Great Lakes Guid- extend the Ryan White CARE Act programs HAYES, Mr. PETERSON of Pennsyl- ance Submission From the State of New under title XXVI of the Public Health Serv- vania, Mr. BARR of Georgia, Mr. York, and Final Rule [FRL–6881–9]—received ices Act, to improve access to health care PITTS, Mr. DICKEY, Mr. HOSTETTLER, October 4, 2000, pursuant to 5 U.S.C. and the quality of care under such programs, Mr. HOEKSTRA, Mr. LARGENT, Mr. 801(a)(1)(A); to the Committee on Transpor- and to provide for the development of in- SOUDER, Mr. TIAHRT, Mr. HAYWORTH, tation and Infrastructure. creased capacity to provide health care and Mrs. CHENOWETH-HAGE, Mr. SAM 10458. A letter from the Associate Adminis- related support services to individuals and JOHNSON of Texas, Mr. GOODE, Mr. trator for Procurement, National Aero- families with HIV disease, and for other pur- RYUN of Kansas, Mr. BARTLETT of nautics and Space Administration, transmit- poses (Rept. 106–936). Referred to the House Maryland, Mr. GREEN of Wisconsin, ting the Administration’s final rule—amend- Calendar. Mr. JONES of North Carolina, Mr. ing the NASA Federal Acquisition Regula- f MANZULLO, and Mr. SHADEGG): tion Supplement (NFS) to conform to PUBLIC BILLS AND RESOLUTIONS H.R. 5385. A bill to require the Food and changes made in the Federal Acquisition Drug Administration to establish restric- Regulation (FAR) by Federal Acquisition Under clause 2 of rule XII, public tions regarding the qualifications of physi- Circular (FAC) 97–19 and make editorial cor- bills and resolutions were introduced cians to prescribe the abortion drug com- rections and miscellaneous changes dealing and severally referred, as follows: monly known as RU–486; to the Committee with NASA internal and administrative mat- on Commerce. ters—received October 2, 2000, pursuant to 5 By Mr. SMITH of Texas: H.R. 5377. A bill to amend the Immigration By Mr. ISAKSON (for himself, Mr. TAN- U.S.C. 801(a)(1)(A); to the Committee on NER, Mr. NORWOOD, and Mr. KING- Science. and Nationality Act to extend the limitation on waivers granted under section 212(h) of STON): 10459. A letter from the Regulatory Policy H.R. 5386. A bill to amend the Internal Rev- Officer, Bureau of Alcohol, Tobacco and that Act to aliens unlawfully present in the enue Code of 1986 to provide economic relief Firearms, Department of the Treasury, United States; to the Committee on the Ju- to farmers and ranchers, and for other pur- transmitting the Department’s final rule— diciary. poses; to the Committee on Ways and Means. Implemention of Public Law 105–33, Section By Mr. SMITH of Texas: By Mr. SMITH of Michigan: 9302, Relating to the Imposition of Permit H.R. 5378. A bill to amend the Immigration H.R. 5387. A bill to provide a transition for Requirements on the Manufacturer of Roll- and Nationality Act to clarify the special railroad workers to the Social Security Pro- Your-Own Tobacco (98R–370P) [T.D. ATF–429; rule relating to continuous residence or gram, and for other purposes; to the Com- Ref: T.D. ATF–424, T.D. ATF–424a, T.D. ATF– physical presence under section 240A(d) of mittee on Ways and Means, and in addition 427 and Notice No. 889] (RIN: 1512–AB92) re- that Act; to the Committee on the Judiciary. to the Committee on Transportation and In- ceived October 3, 2000, pursuant to 5 U.S.C. By Mr. SMITH of Texas: frastructure, for a period to be subsequently 801(a)(1)(A); to the Committee on Ways and H.R. 5379. A bill to amend the Immigration determined by the Speaker, in each case for Means. and Nationality Act to clarify the provisions applicable to arrest, detention, and release consideration of such provisions as fall with- f of criminal aliens pending removal decisions; in the jurisdiction of the committee con- REPORTS OF COMMITTEES ON to the Committee on the Judiciary. cerned. PUBLIC BILLS AND RESOLUTIONS By Mr. HYDE (for himself, Mr. CON- By Mr. YOUNG of Alaska (for himself, YERS, Mr. GEKAS, and Mr. NADLER): Mr. SAXTON, Mr. BLILEY, Mr. BOU- Under clause 2 of rule XIII, reports of H.R. 5380. A bill to amend title 5, United CHER, Mr. DAVIS of Virginia, Mr. committees were delivered to the Clerk States Code, to make technical amendments GOODE, Mr. GOODLATTE, Mr. MORAN of

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Virginia, Mr. PICKETT, Mr. SCOTT, H. Con. Res. 337: Mrs. TAUSCHER. servation Area expansion that meet the pur- Mr. SISISKY, and Mr. WOLF): H. Con. Res. 377: Mrs. MALONEY of New poses described in section 4(a). The Sec- H.R. 5388. A bill to designate a building York, Mr. MCGOVERN, and Ms. SCHAKOWSKY. retary shall only acquire property under this proposed to be located within the boundaries H. Con. Res. 412: Mr. SHAYS. Act pursuant to section 7. of the Chincoteague National Wildlife Ref- H. Con. Res. 413: Mr. STEARNS. (b) FEDERAL LANDS.—The Secretary, through the Bureau of Land Management, uge, as the ‘‘Herbert H. Bateman Edu- f cational and Administrative Center’’ to the shall administer the public lands within the Committee on Resources. AMENDMENTS Acquisition Planning District pursuant to By Mr. HUNTER (for himself, Mr. Under clause 8 of rule XVIII, pro- this Act and the applicable provisions of the BILBRAY, Mr. CUNNINGHAM, Mr. PACK- Federal Land Policy and Management Act of posed amendments were submitted as 1976 (43 U.S.C. 1701 et seq.), subject to valid ARD, and Mr. FILNER): follows: H. Con. Res. 417. Concurrent resolution ex- existing rights, and in accordance with the pressing the strong support of Congress that H.R. 2941 management plan. Such public lands shall the Federal Energy Regulatory Commission OFFERED BY: MR. HANSEN become part of the Conservation Area when they become contiguous with the Conserva- execute its fundamental responsibility to re- (Amendment in the Nature of a Substitute) form the unjust and unreasonable electric tion Area. AMENDMENT NO. 1: Strike all after the en- power rates in California immediately; to (c) FISH AND WILDLIFE.—Nothing in this acting clause and insert the following new the Committee on Commerce. Act shall be construed as affecting the juris- text: diction or responsibilities of the State of Ar- f SECTION 1. DEFINITIONS. izona with respect to fish and wildlife within ADDITIONAL SPONSORS For the purposes of this Act, the following the Acquisition Planning District. (d) PROTECTION OF STATE AND PRIVATE definitions apply: Under clause 7 of rule XII, sponsors LANDS AND INTERESTS.—Nothing in this Act (1) CONSERVATION AREA.—The term ‘‘Con- shall be construed as affecting any property were added to public bills and resolu- servation Area’’ means the Las Cienegas Na- rights or management authority with regard tions as follows: tional Conservation Area established by sec- to any lands or interest in lands held by the H.R. 515: Mr. FARR of California. tion 4(a). State of Arizona, any political subdivision of H.R. 595: Mr. ANDREWS. (2) ACQUISITION PLANNING DISTRICT.—The the State of Arizona, or any private property H.R. 842: Mr. COYNE. term ‘‘Acquisition Planning District’’ means rights within the boundaries of the Acquisi- H.R. 919: Ms. NORTON, Ms. SCHAKOWSKY, the Sonoita Valley Acquisition Planning tion Planning District. and Mr. WELDON of Pennsylvania. District established by section 2(a). (e) PUBLIC LANDS.—Nothing in this Act H.R. 1228: Mr. DEUTSCH. (3) MANAGEMENT PLAN.—The term ‘‘man- shall be construed as in any way diminishing H.R. 1271: Mr. BACA, Mr. OBERSTAR, and Mr. agement plan’’ means the management plan the Secretary’s or the Bureau of Land Man- TIERNEY. for the Conservation Area. agement’s authorities, rights, or responsibil- H.R. 1929: Mr. HOLT. (4) PUBLIC LANDS.—The term ‘‘public ities for managing the public lands within H.R. 2200: Mr. LAZIO. lands’’ has the meaning given the term in the Acquisition Planning District. H.R. 2631: Mr. DIAZ-BALART. section 103(e) of the Federal Land Policy and (f) COORDINATED MANAGEMENT.—The Sec- H.R. 2720: Mr. HASTINGS of Florida. Management Act of 1976 (43 U.S.C. 1702(e)), retary shall coordinate the management of H.R. 2774: Mr. SANDERS. except that such term shall not include in- the public lands within the Acquisition Plan- H.R. 2892: Ms. CARSON. terest in lands not owned by the United ning District with that of surrounding coun- H.R. 3192: Ms. WATERS. States. ty, State, and private lands consistent with H.R. 3677: Mr. HALL of Texas. (5) SECRETARY.—The term ‘‘Secretary’’ the provisions of subsection (d). H.R. 3766: Ms. WATERS. means the Secretary of the Interior. SEC. 4. ESTABLISHMENT OF THE LAS CIENEGAS H.R. 4003: Mr. WALDEN of Oregon. SEC. 2. ESTABLISHMENT OF THE SONOITA VAL- NATIONAL CONSERVATION AREA. H.R. 4274: Mr. PASTOR, Mrs. TAUSCHER, Ms. LEY ACQUISITION PLANNING DIS- (a) IN GENERAL.—In order to conserve, pro- SLAUGHTER, Mr. BARCIA, and Mr. BECERRA. TRICT. tect, and enhance for the benefit and enjoy- H.R. 4277: Mr. WATKINS and Mr. SHERMAN. (a) IN GENERAL.—In order to provide for fu- ment of present and future generations the H.R. 4279: Mr. WALDEN of Oregon. ture acquisitions of important conservation unique and nationally important aquatic, H.R. 4308: Mr. ROTHMAN. land within the Sonoita Valley region of the wildlife, vegetative, archaeological, paleon- H.R. 4330: Ms. CARSON State of Arizona, there is hereby established tological, scientific, cave, cultural, histor- H.R. 4393: Mr. BENTSEN. the Sonoita Valley Acquisition Planning ical, recreational, educational, scenic, range- H.R. 4395: Mr. ISAKSON. District. land, and riparian resources and values of H.R. 4594: Ms. WOOLSEY and Mr. BENTSEN. (b) AREAS INCLUDED.—The Acquisition the public lands described in subsection (b) H.R. 4728: Mr. SMITH of Texas and Mr. HOB- Planning District shall consist of approxi- while allowing livestock grazing and recre- SON. mately 142,800 acres of land in the Arizona ation to continue in appropriate areas, there H.R. 4740: Mr. PASCRELL, Mr. HOLDEN, and counties of Pima and Santa Cruz, including is hereby established the Las Cienegas Na- Ms. KILPATRICK. the Conservation Area, as generally depicted tional Conservation Area in the State of Ari- H.R. 4750: Ms. WOOLSEY. on the map entitled ‘‘Sonoita Valley Acqui- zona. H.R. 4780: Mr. SIMPSON and Mr. HASTINGS of sition Planning District and Las Cienegas (b) AREAS INCLUDED.—The Conservation Washington. National Conservation Area’’ and dated Oc- Area shall consist of approximately 42,000 H.R. 5005: Mr. SAXTON. tober 2, 2000. acres of public lands in the Arizona counties H.R. 5068: Mr. YOUNG of Florida. (c) MAP AND LEGAL DESCRIPTION.—As soon of Pima and Santa Cruz, as generally de- H.R. 5146: Mr. GOODLATTE. as practicable after the date of the enact- picted on the map entitled ‘‘Sonoita Valley H.R. 5158: Ms. JACKSON-LEE of Texas ment of this Act, the Secretary shall submit Acquisition Planning District and Las H.R. 5179: Mr. BONIOR and Ms. ROYBAL-AL- to Congress a map and legal description of Cienegas National Conservation Area’’ and LARD. the Acquisition Planning District. In case of dated October 2, 2000. H.R. 5180: Mr. RAMSTAD. a conflict between the map referred to in (c) MAPS AND LEGAL DESCRIPTION.—As soon H.R. 5186: Mr. BOSWELL. subsection (b) and the map and legal descrip- as practicable after the date of the enact- H.R. 5194: Mrs. MALONEY of New York. tion submitted by the Secretary, the map re- ment of this Act, the Secretary shall submit H.R. 5200: Mr. KINGSTON, Mr. PITTS, and ferred to in subsection (b) shall control. The to Congress a map and legal description of Mr. HASTINGS of Washington. map and legal description shall have the the Conservation Area. In case of a conflict H.R. 5219: Mr. BONIOR, Mrs. CHRISTENSEN, same force and effect as if included in this between the map referred to in subsection (b) Mr. HOUGHTON, Mr. MCGOVERN, and Mr. RA- Act, except that the Secretary may correct and the map and legal description submitted HALL. clerical and typographical errors in such by the Secretary, the map referred to in sub- H.R. 5220: Mr. HALL of Texas. map and legal description. Copies of the map section (b) shall control. The map and legal H.R. 5222: Mr. THOMPSON of California. and legal description shall be on file and description shall have the same force and ef- H.R. 5242: Mr. HINCHEY, Mr. QUINN, Mr. available for public inspection in the Office fect as if included in this Act, except that OWENS, Ms. VELA´ ZQUEZ, and Mr. LAFALCE. of the Director of the Bureau of Land Man- the Secretary may correct clerical and typo- H.R. 5271: Mr. GREEN of Texas and Mr. agement, and in the appropriate office of the graphical errors in such map and legal de- DOOLEY of California. Bureau of Land Management in Arizona. scription. Copies of the map and legal de- H.R. 5344: Mr. PITTS. SEC. 3. PURPOSES OF THE ACQUISITION PLAN- scription shall be on file and available for H.R. 5365: Mr. OXLEY, Mr. FOSSELLA, Ms. NING DISTRICT. public inspection in the Office of the Direc- MCCARTHY of Missouri, and Mr. KIND. (a) IN GENERAL.—The Secretary shall nego- tor of the Bureau of Land Management, and H.R. 5375: Mr. LAFALCE and Mr. MCNULTY. tiate with land owners for the acquisition of in the appropriate office of the Bureau of H. Con. Res. 62: Mr. ROGAN. lands and interest in lands suitable for Con- Land Management in Arizona.

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(d) FOREST LANDS.—Any lands included in the creation of protective perimeters or buff- (6) production livestock grazing manage- the Coronado National Forest that are lo- er zones around the Conservation Area. The ment strategies, prepared in consultation cated within the boundaries of the Conserva- fact that there may be activities or uses on with appropriate departments of the State of tion Area shall be considered to be a part of lands outside the Conservation Area that Arizona; the Conservation Area. The Secretary of Ag- would not be permitted in the Conservation (7) provisions designed to ensure the pro- riculture shall revise the boundaries of the Area shall not preclude such activities or tection of environmentally sustainable live- Coronado National Forest to reflect the ex- uses on such lands up to the boundary of the stock use on appropriate lands within the clusion of such lands from the Coronado Na- Conservation Area consistent with other ap- Conservation Area; tional Forest. plicable laws. (8) recreation management strategies, in- SEC. 5. MANAGEMENT OF THE LAS CIENEGAS NA- (j) WITHDRAWALS.—Subject to valid exist- cluding motorized and nonmotorized dis- TIONAL CONSERVATION AREA. ing rights all Federal lands within the Con- persed recreation opportunities for the Con- (a) IN GENERAL.—The Secretary shall man- servation Area and all lands and interest servation Area, prepared in consultation age the Conservation Area in a manner that therein which are hereafter acquired by the with appropriate departments of the State of conserves, protects, and enhances its re- United States are hereby withdrawn from all Arizona; sources and values, including the resources forms of entry, appropriation, or disposal (9) cave resources management strategies and values specified in section 4(a), pursuant under the public land laws and from loca- prepared in compliance with the goals and to the Federal Land Policy and Management tion, entry, and patent under the mining objectives of the Federal Cave Resources Act of 1976 (43 U.S.C. 1701 et seq.) and other laws, and from operation of the mineral leas- Protection Act of 1988 (16 U.S.C. 4301 et seq.); applicable law, including this Act. ing and geothermal leasing laws and all and (b) USES.—The Secretary shall allow only amendments thereto. (10) provisions designed to ensure that if a such uses of the Conservation Area as the SEC. 6. MANAGEMENT PLAN. road or trail located on public lands within Secretary finds will further the purposes for (a) PLAN REQUIRED.—Not later than 2 years the Conservation Area, or any portion of which the Conservation Area is established after the date of the enactment of this Act, such a road or trail, is removed, consider- as set forth in section 4(a). the Secretary, through the Bureau of Land ation shall be given to providing similar al- (c) GRAZING.—The Secretary of the Interior Management, shall develop and begin to im- ternative access to the portion of the Con- shall permit grazing subject to all applicable plement a comprehensive management plan servation Area serviced by such removed laws, regulations, and Executive Orders con- for the long-term management of the public road or trail.– sistent with the purposes of this Act. lands within the Conservation Area in order (c) COOPERATIVE AGREEMENTS.—In order to (d) MOTORIZED VEHICLES.—Except where to fulfill the purposes for which it is estab- better implement the management plan, the needed for administrative purposes or to re- lished, as set forth in section 4(a). Consistent Secretary may enter into cooperative agree- spond to an emergency, use of motorized ve- with the provisions of this Act, the manage- ments with appropriate Federal, State, and hicles on public lands in the Conservation ment plan shall be developed— local agencies pursuant to section 307(b) of Area shall be allowed only— (1) in consultation with appropriate de- the Federal Land Policy and Management (1) before the effective date of a manage- partments of the State of Arizona, including Act of 1976 (43 U.S.C. 1737(b)). ment plan prepared pursuant to section 6, on wildlife and land management agencies, with (d) RESEARCH ACTIVITIES.—In order to as- roads and trails designated for use of motor- full public participation; sist in the development and implementation ized vehicles in the management plan that (2) from the draft Empire-Cienega Eco- of the management plan, the Secretary may applies on the date of the enactment of this system Management Plan/EIS, dated October authorize appropriate research, including re- Act; and 2000, as it applies to Federal lands or lands search concerning the environmental, bio- (2) after the effective date of a manage- with conservation easements; and logical, hydrological, cultural, agricultural, ment plan prepared pursuant to section 6, on (3) in accordance with the resource goals recreational, and other characteristics, re- roads and trails designated for use of motor and objectives developed through the sources, and values of the Conservation vehicles in that management plan. Sonoita Valley Planning Partnership process Area, pursuant to section 307(a) of the Fed- (e) MILITARY AIRSPACE.—Prior to the date as incorporated in the draft Empire-Cienega eral Land Policy and Management Act of of the enactment of this Act the Federal Ecosystem Management Plan/EIS, dated Oc- 1976 (43 U.S.C. 1737(a)). Aviation Administration approved restricted tober 2000, giving full consideration to the military airspace (Areas 2303A and 2303B) management alternative preferred by the SEC. 7. LAND ACQUISITION. which covers portions of the Conservation Sonoita Valley Planning Partnership, as it (a) IN GENERAL.— Area. Designation of the Conservation Area applies to Federal lands or lands with con- (1) PRIORITY TO CONSERVATION EASE- shall not impact or impose any altitude, servation easements. MENTS.—In acquiring lands or interest in flight, or other airspace restrictions on cur- (b) CONTENTS.—The management plan shall lands under this section, the Secretary shall rent or future military operations or mis- include— give priority to such acquisitions in the form sions. Should the military require additional (1) provisions designed to ensure the pro- of conservation easements. or modified airspace in the future, the Con- tection of the resources and values described (2) PRIVATE LANDS.—The Secretary is au- gress does not intend for the designation of in section 4(a); thorized to acquire privately held lands or the Conservation Area to impede the mili- (2) an implementation plan for a con- interest in lands within the boundaries of tary from petitioning the Federal Aviation tinuing program of interpretation and public the Acquisition Planning District only from Administration to change or expand existing education about the resources and values of a willing seller through donation, exchange, restricted military airspace. the Conservation Area; or purchase. (f) ACCESS TO STATE AND PRIVATE LANDS.— (3) a proposal for minimal administrative (3) COUNTY LANDS.—The Secretary is au- Nothing in this Act shall affect valid exist- and public facilities to be developed or im- thorized to acquire county lands or interest ing rights-of-way within the Conservation proved at a level compatible with achieving in lands within the boundaries of the Acqui- Area. The Secretary shall provide reasonable the resource objectives for the Conservation sition Planning District only with the con- access to nonfederally owned lands or inter- Area and with the other proposed manage- sent of the county through donation, ex- est in lands within the boundaries of the ment activities to accommodate visitors to change, or purchase. Conservation Area. the Conservation Area; (4) STATE LANDS.— (g) HUNTING.—Hunting shall be allowed (4) cultural resources management strate- (A) IN GENERAL.—The Secretary is author- within the Conservation Area in accordance gies for the Conservation Area, prepared in ized to acquire lands or interest in lands with applicable laws and regulations of the consultation with appropriate departments owned by the State of Arizona located within United States and the State of Arizona, ex- of the State of Arizona, with emphasis on the boundaries of the Acquisition Planning cept that the Secretary, after consultation the preservation of the resources of the Con- District only with the consent of the State with the Arizona State wildlife management servation Area and the interpretive, edu- and in accordance with State law, by dona- agency, may issue regulations designating cational, and long-term scientific uses of tion, exchange, purchase, or eminent do- zones where and establishing periods when these resources, giving priority to the en- main. no hunting shall be permitted for reasons of forcement of the Archaeological Resources (B) SUNSET OF AUTHORITY TO ACQUIRE BY public safety, administration, or public use Protection Act of 1979 (16 U.S.C. 470aa et EMINENT DOMAIN.—The authority to acquire and enjoyment. seq.) and the National Historic Preservation State lands under subparagraph (A) shall ex- (h) PREVENTATIVE MEASURES.—Nothing in Act (16 U.S.C. 470 et seq.) within the Con- pire 10 years after the date of the enactment this Act shall preclude such measures as the servation Area; of this Act. Secretary determines necessary to prevent (5) wildlife management strategies for the (C) CONSIDERATION.—As consideration for devastating fire or infestation of insects or Conservation Area, prepared in consultation the acquisitions by the United States of disease within the Conservation Area. with appropriate departments of the State of lands or interest in lands under this para- (i) NO BUFFER ZONES.—The establishment Arizona and using previous studies of the graph, the Secretary shall pay fair market of the Conservation Area shall not lead to Conservation Area; value for such lands or shall convey to the

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.002 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20723 State of Arizona all or some interest in Fed- Sec. 203. Grants to establish HIV care con- but not limited to providers of HIV preven- eral lands (including buildings and other im- sortia. tion services; and’’; and provements on such lands or other Federal Sec. 204. Provision of treatments. (E) by adding at the end the following sub- property other than real property) or any Sec. 205. State application. paragraph: other asset of equal value within the State of Sec. 206. Distribution of funds. ‘‘(M) representatives of individuals who Arizona. Sec. 207. Supplemental grants for certain formerly were Federal, State, or local pris- (D) TRANSFER OF JURISDICTION.—All Fed- States. oners, were released from the custody of the eral agencies are authorized to transfer ju- Subtitle B—Provisions Concerning Preg- penal system during the preceding 3 years, risdiction of Federal lands or interest in nancy and Perinatal Transmission of HIV and had HIV disease as of the date on which lands (including buildings and other im- Sec. 211. Repeals. the individuals were so released.’’. provements on such lands or other Federal Sec. 212. Grants. (b) CONFLICTS OF INTERESTS.—Section property other than real property) or any Sec. 213. Study by Institute of Medicine. 2602(b)(5) of the Public Health Service Act (42 other asset within the State of Arizona to U.S.C. 300ff–12(b)(5)) is amended by adding at Subtitle C—Certain Partner Notification the Bureau of Land Management for the pur- the end the following subparagraph: Programs pose of acquiring lands or interest in lands ‘‘(C) COMPOSITION OF COUNCIL.—The fol- as provided for in this paragraph. Sec. 221. Grants for compliant partner noti- lowing applies regarding the membership of (b) MANAGEMENT OF ACQUIRED LANDS.— fication programs. a planning council under paragraph (1): Lands acquired under this section shall, TITLE III—EARLY INTERVENTION ‘‘(i) Not less than 33 percent of the council upon acquisition, become part of the Con- SERVICES shall be individuals who are receiving HIV- servation Area and shall be administered as Subtitle A—Formula Grants for States related services pursuant to a grant under part of the Conservation Area. These lands section 2601(a), are not officers, employees, Sec. 301. Repeal of program. shall be managed in accordance with this or consultants to any entity that receives Act, other applicable laws, and the manage- Subtitle B—Categorical Grants amounts from such a grant, and do not rep- ment plan. Sec. 311. Preferences in making grants. resent any such entity, and reflect the demo- SEC. 8. REPORTS TO CONGRESS. Sec. 312. Planning and development grants. graphics of the population of individuals Sec. 313. Authorization of appropriations. (a) PROTECTION OF CERTAIN LANDS.—Not with HIV disease as determined under para- later than 2 years after the date of the enact- Subtitle C—General Provisions graph (4)(A). For purposes of the preceding ment of this Act, the Secretary shall submit Sec. 321. Provision of certain counseling sentence, an individual shall be considered to Congress a report describing the most ef- services. to be receiving such services if the individual fective measures to protect the lands north Sec. 322. Additional required agreements. is a parent of, or a caregiver for, a minor of the Acquisition Planning District within child who is receiving such services. TITLE IV—OTHER PROGRAMS AND ‘‘(ii) With respect to membership on the the Rincon Valley, Colossal Cave area, and ACTIVITIES Agua Verde Creek corridor north of Inter- planning council, clause (i) may not be con- Subtitle A—Certain Programs for Research, state 10 to provide an ecological link to strued as having any effect on entities that Demonstrations, or Training Saguaro National Park and the Rincon receive funds from grants under any of parts Mountains and contribute to local govern- Sec. 401. Grants for coordinated services and B through F but do not receive funds from ment conservation priorities. access to research for women, grants under section 2601(a), on officers or (b) IMPLEMENTATION OF THIS ACT.—Not infants, children, and youth. employees of such entities, or on individuals later than 5 years after the date of the enact- Sec. 402. AIDS education and training cen- who represent such entities.’’. ment of this Act, and at least at the end of ters. SEC. 102. DUTIES OF COUNCILS. every 10-year period thereafter, the Sec- Subtitle B—General Provisions in Title (a) IN GENERAL.—Section 2602(b)(4) of the retary shall submit to Congress a report de- XXVI Public Health Service Act (42 U.S.C. 300ff– scribing the implementation of this Act, the Sec. 411. Evaluations and reports. 12(b)(4)) is amended— condition of the resources and values of the Sec. 412. Data collection through Centers for (1) by redesignating subparagraphs (A) Conservation Area, and the progress of the Disease Control and Preven- through (E) as subparagraphs (C) through Secretary in achieving the purposes for tion. (G), respectively; which the Conservation Area is established Sec. 413. Coordination. (2) by inserting before subparagraph (C) (as as set forth in section 4(a). Sec. 414. Plan regarding release of prisoners so redesignated) the following subpara- graphs: S. 2311 with HIV disease. Sec. 415. Audits. ‘‘(A) determine the size and demographics OFFERED BY: MR. BLILEY Sec. 416. Administrative simplification. of the population of individuals with HIV (Amendment in the Nature of a Substitute) Sec. 417. Authorization of appropriations for disease; AMENDMENT NO. 1: Strike all after the en- parts A and B. ‘‘(B) determine the needs of such popu- lation, with particular attention to— acting clause and insert in lieu thereof the TITLE V—GENERAL PROVISIONS following: ‘‘(i) individuals with HIV disease who know Sec. 501. Studies by Institute of Medicine. SECTION 1. SHORT TITLE. their HIV status and are not receiving HIV- Sec. 502. Development of rapid HIV test. related services; and This Act may be cited as the ‘‘Ryan White Sec. 503. Technical corrections. CARE Act Amendments of 2000’’. ‘‘(ii) disparities in access and services TITLE VI—EFFECTIVE DATE among affected subpopulations and histori- SEC. 2. TABLE OF CONTENTS. Sec. 601. Effective date. cally underserved communities;’’; The table of contents for this Act is as fol- (3) in subparagraph (C) (as so redesig- TITLE I—EMERGENCY RELIEF FOR AREAS lows: nated), by striking clauses (i) through (iv) WITH SUBSTANTIAL NEED FOR SERVICES TITLE I—EMERGENCY RELIEF FOR and inserting the following: AREAS WITH SUBSTANTIAL NEED FOR Subtitle A—HIV Health Services Planning ‘‘(i) size and demographics of the popu- SERVICES Councils lation of individuals with HIV disease (as de- Subtitle A—HIV Health Services Planning SEC. 101. MEMBERSHIP OF COUNCILS. termined under subparagraph (A)) and the Councils (a) IN GENERAL.—Section 2602(b) of the needs of such population (as determined Sec. 101. Membership of councils. Public Health Service Act (42 U.S.C. 300ff– under subparagraph (B)); Sec. 102. Duties of councils. 12(b)) is amended— ‘‘(ii) demonstrated (or probable) cost effec- Sec. 103. Open meetings; other additional (1) in paragraph (1), by striking ‘‘demo- tiveness and outcome effectiveness of pro- provisions. graphics of the epidemic in the eligible area posed strategies and interventions, to the ex- involved,’’ and inserting ‘‘demographics of tent that data are reasonably available; Subtitle B—Type and Distribution of Grants the population of individuals with HIV dis- ‘‘(iii) priorities of the communities with Sec. 111. Formula grants. ease in the eligible area involved,’’; and HIV disease for whom the services are in- Sec. 112. Supplemental grants. (2) in paragraph (2)— tended; Subtitle C—Other Provisions (A) in subparagraph (C), by inserting before ‘‘(iv) coordination in the provision of serv- Sec. 121. Use of amounts. the semicolon the following: ‘‘, including ices to such individuals with programs for Sec. 122. Application. providers of housing and homeless services’’; HIV prevention and for the prevention and (B) in subparagraph (G), by striking ‘‘or treatment of substance abuse, including pro- TITLE II—CARE GRANT PROGRAM AIDS’’; grams that provide comprehensive treat- Subtitle A—General Grant Provisions (C) in subparagraph (K), by striking ‘‘and’’ ment for such abuse; Sec. 201. Priority for women, infants, and at the end; ‘‘(v) availability of other governmental children. (D) in subparagraph (L), by striking the pe- and non-governmental resources, including Sec. 202. Use of grants. riod and inserting the following: ‘‘, including the State medicaid plan under title XIX of

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.002 H04OC0 20724 CONGRESSIONAL RECORD—HOUSE October 4, 2000 the Social Security Act and the State Chil- U.S.C. 300ff–12(b)) is amended by striking the Director of the Centers for Disease Con- dren’s Health Insurance Program under title ‘‘section 2602(b)(3)(A)’’ and inserting ‘‘section trol and Prevention) sufficiently accurate XXI of such Act to cover health care costs of 2602(b)(4)(C)’’. and reliable for use for purposes of subpara- eligible individuals and families with HIV SEC. 103. OPEN MEETINGS; OTHER ADDITIONAL graph (C)(i). In making such a determina- disease; and PROVISIONS. tion, the Secretary shall take into consider- ‘‘(vi) capacity development needs resulting Section 2602(b) of the Public Health Serv- ation the findings of the study under section from disparities in the availability of HIV- ice Act (42 U.S.C. 300ff–12(b)) is amended— 501(b) of the Ryan White CARE Act Amend- related services in historically underserved (1) in paragraph (3), by striking subpara- ments of 2000 (relating to the relationship communities;’’; graph (C); and between epidemiological measures and (4) in subparagraph (D) (as so redesig- (2) by adding at the end the following para- health care for certain individuals with HIV nated), by amending the subparagraph to graph: disease). read as follows: ‘‘(7) PUBLIC DELIBERATIONS.—With respect ‘‘(ii) EFFECT OF ADVERSE DETERMINATION.— ‘‘(D) develop a comprehensive plan for the to a planning council under paragraph (1), If under clause (i) the Secretary determines organization and delivery of health and sup- the following applies: that data on cases of HIV disease is not suffi- port services described in section 2604 that— ‘‘(A) The council may not be chaired solely ciently accurate and reliable for use for pur- ‘‘(i) includes a strategy for identifying in- by an employee of the grantee under section poses of subparagraph (C)(i), then notwith- dividuals who know their HIV status and are 2601(a). standing such subparagraph, for any fiscal not receiving such services and for informing ‘‘(B) In accordance with criteria estab- year prior to fiscal year 2007 the references the individuals of and enabling the individ- lished by the Secretary: in such subparagraph to cases of HIV disease uals to utilize the services, giving particular ‘‘(i) The meetings of the council shall be do not have any legal effect. attention to eliminating disparities in access open to the public and shall be held only ‘‘(iii) GRANTS AND TECHNICAL ASSISTANCE and services among affected subpopulations after adequate notice to the public. REGARDING COUNTING OF HIV CASES.—Of the and historically underserved communities, ‘‘(ii) The records, reports, transcripts, min- amounts appropriated under section 318B for and including discrete goals, a timetable, utes, agenda, or other documents which were a fiscal year, the Secretary shall reserve and an appropriate allocation of funds; made available to or prepared for or by the amounts to make grants and provide tech- ‘‘(ii) includes a strategy to coordinate the council shall be available for public inspec- nical assistance to States and eligible areas provision of such services with programs for tion and copying at a single location. with respect to obtaining data on cases of HIV prevention (including outreach and ‘‘(iii) Detailed minutes of each meeting of HIV disease to ensure that data on such early intervention) and for the prevention the council shall be kept. The accuracy of all cases is available from all States and eligible and treatment of substance abuse (including minutes shall be certified to by the chair of areas as soon as is practicable but not later programs that provide comprehensive treat- the council. than the beginning of fiscal year 2007.’’. ment services for such abuse); and ‘‘(iv) This subparagraph does not apply to (c) INCREASES IN GRANT.—Section ‘‘(iii) is compatible with any State or local any disclosure of information of a personal 2603(a)(4)) of the Public Health Service Act plan for the provision of services to individ- nature that would constitute a clearly un- (42 U.S.C. 300ff–13(a)(4)) is amended to read as uals with HIV disease;’’; warranted invasion of personal privacy, in- follows: (5) in subparagraph (F) (as so redesig- cluding any disclosure of medical informa- ‘‘(4) INCREASES IN GRANT.— nated), by striking ‘‘and’’ at the end; tion or personnel matters.’’. ‘‘(A) IN GENERAL.—For each fiscal year in a (6) in subparagraph (G) (as so redesig- Subtitle B—Type and Distribution of Grants protection period for an eligible area, the nated)— SEC. 111. FORMULA GRANTS. Secretary shall increase the amount of the (A) by striking ‘‘public meetings,’’ and in- (a) EXPEDITED DISTRIBUTION.—Section grant made pursuant to paragraph (2) for the serting ‘‘public meetings (in accordance with 2603(a)(2) of the Public Health Service Act (42 area to ensure that— paragraph (7)),’’; and U.S.C. 300ff–13(a)(2)) is amended in the first ‘‘(i) for the first fiscal year in the protec- (B) by striking the period and inserting ‘‘; sentence by striking ‘‘for each of the fiscal tion period, the grant is not less than 98 per- and’’; and years 1996 through 2000’’ and inserting ‘‘for a cent of the amount of the grant made for the (7) by adding at the end the following sub- fiscal year’’. eligible area pursuant to such paragraph for paragraph: (b) AMOUNT OF GRANT; ESTIMATE OF LIVING the base year for the protection period; ‘‘(H) coordinate with Federal grantees that CASES.— ‘‘(ii) for any second fiscal year in such pe- provide HIV-related services within the eligi- (1) IN GENERAL.—Section 2603(a)(3)) of the riod, the grant is not less than 95 percent of ble area.’’. Public Health Service Act (42 U.S.C. 300ff– the amount of such base year grant; (b) PROCESS FOR ESTABLISHING ALLOCATION 13(a)(3)) is amended— ‘‘(iii) for any third fiscal year in such pe- PRIORITIES.—Section 2602 of the Public (A) in subparagraph (C)(i), by inserting be- riod, the grant is not less than 92 percent of Health Service Act (42 U.S.C. 300ff–12) is fore the semicolon the following: ‘‘, except the amount of the base year grant; amended by adding at the end the following that (subject to subparagraph (D)), for grants ‘‘(iv) for any fourth fiscal year in such pe- subsection: made pursuant to this paragraph for fiscal riod, the grant is not less than 89 percent of ‘‘(d) PROCESS FOR ESTABLISHING ALLOCA- year 2005 and subsequent fiscal years, the the amount of the base year grant; and TION PRIORITIES.—Promptly after the date of cases counted for each 12-month period be- ‘‘(v) for any fifth or subsequent fiscal year the submission of the report required in sec- ginning on or after July 1, 2004, shall be cases in such period, if, pursuant to paragraph tion 501(b) of the Ryan White CARE Act of HIV disease (as reported to and confirmed (3)(D)(ii)), the references in paragraph Amendments of 2000 (relating to the rela- by such Director) rather than cases of ac- (3)(C)(i) to HIV disease do not have any legal tionship between epidemiological measures quired immune deficiency syndrome’’; and effect, the grant is not less than 85 percent of and health care for certain individuals with (B) in subparagraph (C), in the matter after the amount of the base year grant. HIV disease), the Secretary, in consultation and below clause (ii)(X)— ‘‘(B) SPECIAL RULE.—If for fiscal year 2005, with planning councils and entities that re- (i) in the first sentence, by inserting before pursuant to paragraph (3)(D)(ii), data on ceive amounts from grants under section the period the following: ‘‘, and shall be re- cases of HIV disease are used for purposes of 2601(a) or 2611, shall develop epidemiologic paragraph (3)(C)(i), the Secretary shall in- measures— ported to the congressional committees of crease the amount of a grant made pursuant ‘‘(1) for establishing the number of individ- jurisdiction’’; and to paragraph (2) for an eligible area to ensure uals living with HIV disease who are not re- (ii) by adding at the end the following sen- that the grant is not less than 98 percent of ceiving HIV-related health services; and tence: ‘‘Updates shall as applicable take into the amount of the grant made for the area in ‘‘(2) for carrying out the duties under sub- account the counting of cases of HIV disease fiscal year 2004. section (b)(4) and section 2617(b).’’. pursuant to clause (i).’’. (c) TRAINING.—Section 2602 of the Public (2) DETERMINATION OF SECRETARY REGARD- ‘‘(C) BASE YEAR; PROTECTION PERIOD.—With Health Service Act (42 U.S.C. 300ff–12), as ING DATA ON HIV CASES.—Section 2603(a)(3)) of respect to grants made pursuant to para- amended by subsection (b) of this section, is the Public Health Service Act (42 U.S.C. graph (2) for an eligible area: amended by adding at the end the following 300ff–13(a)(3)) is amended— ‘‘(i) The base year for a protection period is subsection: (A) by redesignating subparagraph (D) as the fiscal year preceding the trigger grant- ‘‘(e) TRAINING GUIDANCE AND MATERIALS.— subparagraph (E); and reduction year. The Secretary shall provide to each chief (B) by inserting after subparagraph (C) the ‘‘(ii) The first trigger grant-reduction year elected official receiving a grant under following subparagraph: is the first fiscal year (after fiscal year 2000) 2601(a) guidelines and materials for training ‘‘(D) DETERMINATION OF SECRETARY RE- for which the grant for the area is less than members of the planning council under para- GARDING DATA ON HIV CASES.— the grant for the area for the preceding fiscal graph (1) regarding the duties of the coun- ‘‘(i) IN GENERAL.—Not later than July 1, year. cil.’’. 2004, the Secretary shall determine whether ‘‘(iii) A protection period begins with the (d) CONFORMING AMENDMENT.—Section there is data on cases of HIV disease from all trigger grant-reduction year and continues 2603(c) of the Public Health Service Act (42 eligible areas (reported to and confirmed by until the beginning of the first fiscal year for

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.002 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20725 which the amount of the grant determined (1) in the matter preceding subparagraph 14(b)) of the Public Health Service Act is pursuant to paragraph (2) for the area equals (A), by striking ‘‘HIV-related—’’ and insert- amended in paragraph (4) (as redesignated by or exceeds the amount of the grant deter- ing ‘‘HIV-related services, as follows:’’; subsection (b)(1) of this section) by amending mined under subparagraph (A). (2) in subparagraph (A)— the paragraph to read as follows: ‘‘(iv) Any subsequent trigger grant-reduc- (A) by striking ‘‘outpatient’’ and all that ‘‘(4) PRIORITY FOR WOMEN, INFANTS AND tion year is the first fiscal year, after the follows through ‘‘substance abuse treatment CHILDREN.— end of the preceding protection period, for and’’ and inserting the following: ‘‘Out- ‘‘(A) IN GENERAL.—For the purpose of pro- which the amount of the grant is less than patient and ambulatory health services, in- viding health and support services to infants, the amount of the grant for the preceding cluding substance abuse treatment,’’; and children, youth, and women with HIV dis- fiscal year.’’. (B) by striking ‘‘; and’’ and inserting a pe- ease, including treatment measures to pre- SEC. 112. SUPPLEMENTAL GRANTS. riod; vent the perinatal transmission of HIV, the (3) in subparagraph (B), by striking ‘‘(B) in- chief elected official of an eligible area, in (a) IN GENERAL.—Section 2603(b)(2) of the patient case management’’ and inserting accordance with the established priorities of Public Health Service Act (42 U.S.C. 300ff– ‘‘(C) Inpatient case management’’; the planning council, shall for each of such 13(b)(2)) is amended— (4) by inserting after subparagraph (A) the populations in the eligible area use, from the (1) in the heading for the paragraph, by following subparagraph: grants made for the area under section striking ‘‘DEFINITION’’ and inserting ‘‘(B) Outpatient and ambulatory support 2601(a) for a fiscal year, not less than the ‘‘AMOUNT OF GRANT’’; services (including case management), to the percentage constituted by the ratio of the (2) by redesignating subparagraphs (A) extent that such services facilitate, enhance, population involved (infants, children, through (C) as subparagraphs (B) through support, or sustain the delivery, continuity, youth, or women in such area) with acquired (D), respectively; or benefits of health services for individuals immune deficiency syndrome to the general (3) by inserting before subparagraph (B) (as and families with HIV disease.’’; and population in such area of individuals with so redesignated) the following subparagraph: (5) by adding at the end the following: such syndrome. ‘‘(A) IN GENERAL.—The amount of each ‘‘(D) Outreach activities that are intended ‘‘(B) WAIVER.—With respect the population grant made for purposes of this subsection to identify individuals with HIV disease who involved, the Secretary may provide to the shall be determined by the Secretary based know their HIV status and are not receiving chief elected official of an eligible area a on a weighting of factors under paragraph HIV-related services, and that are— waiver of the requirement of subparagraph (1), with severe need under subparagraph (B) ‘‘(i) necessary to implement the strategy (A) if such official demonstrates to the satis- of such paragraph counting one-third.’’; under section 2602(b)(4)(D), including activi- faction of the Secretary that the population (4) in subparagraph (B) (as so redesig- ties facilitating the access of such individ- is receiving HIV-related health services nated)— uals to HIV-related primary care services at through the State medicaid program under (A) in clause (ii), by striking ‘‘and’’ at the entities described in paragraph (3)(A); title XIX of the Social Security Act, the end; ‘‘(ii) conducted in a manner consistent State children’s health insurance program (B) in clause (iii), by striking the period with the requirements under sections under title XXI of such Act, or other Federal and inserting a semicolon; and 2605(a)(3) and 2651(b)(2); and or State programs.’’. (C) by adding at the end the following ‘‘(iii) supplement, and do not supplant, (d) QUALITY MANAGEMENT.—Section 2604 of clauses: such activities that are carried out with the Public Health Service Act (42 U.S.C. ‘‘(iv) the current prevalence of HIV disease; amounts appropriated under section 317.’’. 300ff–14) is amended— ‘‘(v) an increasing need for HIV-related (b) EARLY INTERVENTION SERVICES.—Sec- (1) by redesignating subsections (c) services, including relative rates of increase tion 2604(b) (42 U.S.C. 300ff–14(b)) of the Pub- through (f) as subsections (d) through (g), re- in the number of cases of HIV disease; and lic Health Service Act is amended— spectively; and ‘‘(vi) unmet need for such services, as de- (1) by redesignating paragraph (3) as para- (2) by inserting after subsection (b) the fol- termined under section 2602(b)(4).’’; graph (4); and lowing: (5) in subparagraph (C) (as so redesig- (2) by inserting after paragraph (2) the fol- ‘‘(c) QUALITY MANAGEMENT.— nated)— lowing: ‘‘(1) REQUIREMENT.—The chief elected offi- (A) by striking ‘‘subparagraph (A)’’ each ‘‘(3) EARLY INTERVENTION SERVICES.— cial of an eligible area that receives a grant place such term appears and inserting ‘‘sub- ‘‘(A) IN GENERAL.—The purposes for which under this part shall provide for the estab- paragraph (B)’’; a grant under section 2601 may be used in- lishment of a quality management program (B) in the second sentence, by striking ‘‘2 clude providing to individuals with HIV dis- to assess the extent to which HIV health years after the date of enactment of this ease early intervention services described in services provided to patients under the grant paragraph’’ and inserting ‘‘18 months after section 2651(b)(2), with follow-up referral pro- are consistent with the most recent Public the date of the enactment of the Ryan White vided for the purpose of facilitating the ac- Health Service guidelines for the treatment CARE Act Amendments of 2000’’; and cess of individuals receiving the services to of HIV disease and related opportunistic in- (C) by inserting after the second sentence HIV-related health services. The entities fection, and as applicable, to develop strate- the following sentence: ‘‘Such a mechanism through which such services may be provided gies for ensuring that such services are con- shall be modified to reflect the findings of under the grant include public health depart- sistent with the guidelines for improvement the study under section 501(b) of the Ryan ments, emergency rooms, substance abuse in the access to and quality of HIV health White CARE Act Amendments of 2000 (relat- and mental health treatment programs, de- services. ing to the relationship between epidemiolog- toxification centers, detention facilities, ‘‘(2) USE OF FUNDS.—From amounts re- ical measures and health care for certain in- clinics regarding sexually transmitted dis- ceived under a grant awarded under this part dividuals with HIV disease).’’; and eases, homeless shelters, HIV disease coun- for a fiscal year, the chief elected official of (6) in subparagraph (D) (as so redesig- seling and testing sites, health care points of an eligible area may (in addition to amounts nated), by striking ‘‘subparagraph (B)’’ and entry specified by eligible areas, federally to which subsection (f)(1) applies) use for ac- inserting ‘‘subparagraph (C)’’. qualified health centers, and entities de- tivities associated with the quality manage- (b) REQUIREMENTS FOR APPLICATION.—Sec- scribed in section 2652(a) that constitute a ment program required in paragraph (1) not tion 2603(b)(1)(E) of the Public Health Serv- point of access to services by maintaining re- more than the lesser of— ice Act (42 U.S.C. 300ff–13(b)(1)(E)) is amend- ferral relationships. ‘‘(A) 5 percent of amounts received under ed by inserting ‘‘youth,’’ after ‘‘children,’’. ‘‘(B) CONDITIONS.—With respect to an enti- the grant; or (c) TECHNICAL AND CONFORMING AMEND- ty that proposes to provide early interven- ‘‘(B) $3,000,000.’’. MENT.—Section 2603(b) of the Public Health tion services under subparagraph (A), such SEC. 122. APPLICATION. Service Act (42 U.S.C. 300ff–13(b)) is amend- subparagraph applies only if the entity dem- (a) IN GENERAL.—Section 2605(a) of the ed— onstrates to the satisfaction of the chief Public Health Service Act (42 U.S.C. 300ff– (1) by striking paragraph (4); elected official for the eligible area involved 15(a)) is amended— (2) by redesignating paragraph (5) as para- that— (1) by redesignating paragraphs (3) through graph (4); and ‘‘(i) Federal, State, or local funds are oth- (6) as paragraphs (5) through (8), respec- (3) in paragraph (4) (as so redesignated), in erwise inadequate for the early intervention tively; and subparagraph (B), by striking ‘‘grants’’ and services the entity proposes to provide; and (2) by inserting after paragraph (2) the fol- inserting ‘‘grant’’. ‘‘(ii) the entity will expend funds pursuant lowing paragraphs: Subtitle C—Other Provisions to such subparagraph to supplement and not ‘‘(3) that entities within the eligible area supplant other funds available to the entity that receive funds under a grant under this SEC. 121. USE OF AMOUNTS. for the provision of early intervention serv- part will maintain appropriate relationships (a) PRIMARY PURPOSES.—Section 2604(b)(1) ices for the fiscal year involved.’’. with entities in the eligible area served that of the Public Health Service Act (42 U.S.C. (c) PRIORITY FOR WOMEN, INFANTS, AND constitute key points of access to the health 300ff–14(b)(1)) is amended— CHILDREN.—Section 2604(b) (42 U.S.C. 300ff– care system for individuals with HIV disease

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.002 H04OC0 20726 CONGRESSIONAL RECORD—HOUSE October 4, 2000 (including emergency rooms, substance ‘‘(1) Outpatient and ambulatory support (1) in subsection (b)(1)— abuse treatment programs, detoxification services under section 2611(a) (including case (A) in subparagraph (A), by inserting be- centers, adult and juvenile detention facili- management) to the extent that such serv- fore the semicolon the following: ‘‘, particu- ties, sexually transmitted disease clinics, ices facilitate, enhance, support, or sustain larly those experiencing disparities in access HIV counseling and testing sites, mental the delivery, continuity, or benefits of and services and those who reside in histori- health programs, and homeless shelters), and health services for individuals and families cally underserved communities’’; and other entities under section 2604(b)(3) and with HIV disease. (B) in subparagraph (B), by inserting after 2652(a), for the purpose of facilitating early ‘‘(2) Outreach activities that are intended ‘‘by such consortium’’ the following: ‘‘is con- intervention for individuals newly diagnosed to identify individuals with HIV disease who sistent with the comprehensive plan under with HIV disease and individuals knowledge- know their HIV status and are not receiving 2617(b)(4) and’’; able of their HIV status but not in care; HIV-related services, and that are— (2) in subsection (c)(1)— ‘‘(4) that the chief elected official of the el- ‘‘(A) necessary to implement the strategy (A) in subparagraph (D), by striking ‘‘and’’ igible area will satisfy all requirements under section 2617(b)(4)(B), including activi- after the semicolon at the end; under section 2604(c);’’. ties facilitating the access of such individ- (B) in subparagraph (E), by striking the pe- (b) CONFORMING AMENDMENTS.—Section uals to HIV-related primary care services at riod and inserting ‘‘; and’’; and 2605(a) (42 U.S.C. 300ff–15(a)(1)) is amended— entities described in subsection (c)(1); (C) by adding at the end the following sub- (1) in paragraph (1)— ‘‘(B) conducted in a manner consistent paragraph: (A) in subparagraph (A), by striking ‘‘serv- with the requirement under section ‘‘(F) demonstrates that adequate planning ices to individuals with HIV disease’’ and in- 2617(b)(6)(G) and 2651(b)(2); and occurred to address disparities in access and serting ‘‘services as described in section ‘‘(C) supplement, and do not supplant, such services and historically underserved com- 2604(b)(1)’’; and activities that are carried out with amounts munities.’’; and (B) in subparagraph (B), by striking ‘‘serv- appropriated under section 317. (3) in subsection (c)(2)— ices for individuals with HIV disease’’ and in- ‘‘(c) EARLY INTERVENTION SERVICES.— (A) in subparagraph (B), by striking ‘‘and’’ serting ‘‘services as described in section ‘‘(1) IN GENERAL.—The purposes for which a after the semicolon; 2604(b)(1)’’; grant under this part may be used include (B) in subparagraph (C), by striking the pe- (2) in paragraph (7) (as redesignated by sub- providing to individuals with HIV disease riod and inserting ‘‘; and’’; and section (a)(1) of this section), by striking early intervention services described in sec- (C) by inserting after subparagraph (C) the ‘‘and’’ at the end; tion 2651(b)(2), with follow-up referral pro- following subparagraph: vided for the purpose of facilitating the ac- (3) in paragraph (8) (as so redesignated), by ‘‘(D) the types of entities described in sec- cess of individuals receiving the services to striking the period and inserting ‘‘; and’’; tion 2602(b)(2).’’. HIV-related health services. The entities and SEC. 204. PROVISION OF TREATMENTS. through which such services may be provided (4) by adding at the end the following para- (a) IN GENERAL.—Section 2616(c) of the under the grant include public health depart- graph: Public Health Service Act (42 U.S.C. 300ff– ments, emergency rooms, substance abuse ‘‘(9) that the eligible area has procedures 26(c)) is amended— and mental health treatment programs, de- in place to ensure that services provided (1) in paragraph (4), by striking ‘‘and’’ toxification centers, detention facilities, with funds received under this part meet the after the semicolon at the end; clinics regarding sexually transmitted dis- criteria specified in section 2604(b)(1).’’. (2) in paragraph (5), by striking the period eases, homeless shelters, HIV disease coun- and inserting ‘‘; and’’; and TITLE II—CARE GRANT PROGRAM seling and testing sites, health care points of (3) by inserting after paragraph (5) the fol- Subtitle A—General Grant Provisions entry specified by States or eligible areas, lowing: SEC. 201. PRIORITY FOR WOMEN, INFANTS, AND federally qualified health centers, and enti- ‘‘(6) encourage, support, and enhance ad- CHILDREN. ties described in section 2652(a) that con- herence to and compliance with treatment Section 2611(b) of the Public Health Serv- stitute a point of access to services by main- regimens, including related medical moni- ice Act (42 U.S.C. 300ff–21(b)) is amended to taining referral relationships. toring. read as follows: ‘‘(2) CONDITIONS.—With respect to an entity ‘‘Of the amount reserved by a State for a fis- that proposes to provide early intervention ‘‘(b) PRIORITY FOR WOMEN, INFANTS AND cal year for use under this section, the State services under paragraph (1), such paragraph CHILDREN.— may not use more than 5 percent to carry applies only if the entity demonstrates to ‘‘(1) IN GENERAL.—For the purpose of pro- out services under paragraph (6), except that viding health and support services to infants, the satisfaction of the State involved that— the percentage applicable with respect to ‘‘(A) Federal, State, or local funds are oth- children, youth, and women with HIV dis- such paragraph is 10 percent if the State erwise inadequate for the early intervention ease, including treatment measures to pre- demonstrates to the Secretary that such ad- services the entity proposes to provide; and vent the perinatal transmission of HIV, a ditional services are essential and in no way ‘‘(B) the entity will expend funds pursuant State shall for each of such populations use, diminish access to the therapeutics de- to such paragraph to supplement and not of the funds allocated under this part to the scribed in subsection (a).’’. supplant other funds available to the entity State for a fiscal year, not less than the per- (b) HEALTH INSURANCE AND PLANS.—Sec- for the provision of early intervention serv- tion 2616 of the Public Health Service Act (42 centage constituted by the ratio of the popu- ices for the fiscal year involved. U.S.C. 300ff–26) is amended by adding at the lation involved (infants, children, youth, or ‘‘(d) QUALITY MANAGEMENT.— end the following subsection: women in the State) with acquired immune ‘‘(1) REQUIREMENT.—Each State that re- ‘‘(e) USE OF HEALTH INSURANCE AND deficiency syndrome to the general popu- ceives a grant under this part shall provide PLANS.— lation in the State of individuals with such for the establishment of a quality manage- ‘‘(1) IN GENERAL.—In carrying out sub- syndrome. ment program to assess the extent to which section (a), a State may expend a grant ‘‘(2) WAIVER.—With respect the population HIV health services provided to patients under this part to provide the therapeutics involved, the Secretary may provide to a under the grant are consistent with the most described in such subsection by paying on be- State a waiver of the requirement of para- recent Public Health Service guidelines for half of individuals with HIV disease the costs graph (1) if the State demonstrates to the the treatment of HIV disease and related op- of purchasing or maintaining health insur- satisfaction of the Secretary that the popu- portunistic infection, and as applicable, to ance or plans whose coverage includes a full lation is receiving HIV-related health serv- develop strategies for ensuring that such range of such therapeutics and appropriate ices through the State medicaid program services are consistent with the guidelines primary care services. under title XIX of the Social Security Act, for improvement in the access to and quality ‘‘(2) LIMITATION.—The authority estab- the State children’s health insurance pro- of HIV health services. lished in paragraph (1) applies only to the ex- gram under title XXI of such Act, or other ‘‘(2) USE OF FUNDS.—From amounts re- tent that, for the fiscal year involved, the Federal or State programs.’’. ceived under a grant awarded under this part costs of the health insurance or plans to be SEC. 202. USE OF GRANTS. for a fiscal year, the State may (in addition purchased or maintained under such para- Section 2612 of the Public Health Service to amounts to which section 2618(b)(5) ap- graph do not exceed the costs of otherwise Act (42 U.S.C. 300ff–22) is amended— plies) use for activities associated with the providing therapeutics described in sub- (1) by striking ‘‘A State may use’’ and in- quality management program required in section (a).’’. serting ‘‘(a) IN GENERAL.—A State may use’’; paragraph (1) not more than the lesser of— SEC. 205. STATE APPLICATION. and ‘‘(A) 5 percent of amounts received under (a) DETERMINATION OF SIZE AND NEEDS OF (2) by adding at the end the following sub- the grant; or POPULATION; COMPREHENSIVE PLAN.—Section sections: ‘‘(B) $3,000,000.’’. 2617(b) of the Public Health Service Act (42 ‘‘(b) SUPPORT SERVICES; OUTREACH.—The SEC. 203. GRANTS TO ESTABLISH HIV CARE CON- U.S.C. 300ff–27(b)) is amended— purposes for which a grant under this part SORTIA. (1) by redesignating paragraphs (2) through may be used include delivering or enhancing Section 2613 of the Public Health Service (4) as paragraphs (4) through (6), respec- the following: Act (42 U.S.C. 300ff–23) is amended— tively;

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.002 H04OC0 October 4, 2000 CONGRESSIONAL RECORD—HOUSE 20727 (2) by inserting after paragraph (1) the fol- in a public advisory planning process, includ- (2) in paragraph (2)— lowing paragraphs: ing public hearings, that includes the par- (A) in subparagraph (A)(i), by striking ‘‘(2) a determination of the size and demo- ticipants under paragraph (5), and the types ‘‘subparagraph (H)’’ and inserting ‘‘subpara- graphics of the population of individuals of entities described in section 2602(b)(2), in graphs (H) and (I)’’; and with HIV disease in the State; developing the comprehensive plan under (B) in subparagraph (H) (as redesignated by ‘‘(3) a determination of the needs of such paragraph (4) and commenting on the imple- subsection (b)(2) of this section), by amend- population, with particular attention to— mentation of such plan;’’. ing the subparagraph to read as follows: ‘‘(A) individuals with HIV disease who (c) HEALTH CARE RELATIONSHIPS.—Section ‘‘(H) LIMITATION.— know their HIV status and are not receiving 2617(b) of the Public Health Service Act, as ‘‘(i) IN GENERAL.—The Secretary shall en- HIV-related services; and amended by subsection (a) of this section, is sure that the amount of a grant awarded to ‘‘(B) disparities in access and services amended in paragraph (6)— a State or territory under section 2611 or among affected subpopulations and histori- (1) in subparagraph (E), by striking ‘‘and’’ subparagraph (I)(i) for a fiscal year is not cally underserved communities;’’; and at the end; less than— (3) in paragraph (4) (as so redesignated)— (2) in subparagraph (F), by striking the pe- ‘‘(I) with respect to fiscal year 2001, 99 per- (A) by striking ‘‘comprehensive plan for riod and inserting ‘‘; and’’; and cent; the organization’’ and inserting ‘‘comprehen- (3) by adding at the end the following sub- ‘‘(II) with respect to fiscal year 2002, 98 per- sive plan that describes the organization’’; paragraph: cent; (B) by striking ‘‘, including—’’ and insert- ‘‘(G) entities within areas in which activi- ‘‘(III) with respect to fiscal year 2003, 97 ing ‘‘, and that—’’; ties under the grant are carried out will percent; (C) by redesignating subparagraphs (A) maintain appropriate relationships with en- ‘‘(IV) with respect to fiscal year 2004, 96 through (C) as subparagraphs (D) through tities in the area served that constitute key percent; and (F), respectively; points of access to the health care system for ‘‘(V) with respect to fiscal year 2005, 95 per- (D) by inserting before subparagraph (C) individuals with HIV disease (including cent, the following subparagraphs: emergency rooms, substance abuse treat- ment programs, detoxification centers, adult of the amount such State or territory re- ‘‘(A) establishes priorities for the alloca- ceived for fiscal year 2000 under section 2611 tion of funds within the State based on— and juvenile detention facilities, sexually transmitted disease clinics, HIV counseling or subparagraph (I)(i), respectively (notwith- ‘‘(i) size and demographics of the popu- and testing sites, mental health programs, standing such subparagraph). In admin- lation of individuals with HIV disease (as de- and homeless shelters), and other entities istering this subparagraph, the Secretary termined under paragraph (2)) and the needs under section 2612(c) and 2652(a), for the pur- shall, with respect to States or territories of such population (as determined under pose of facilitating early intervention for in- that will under such section receive grants paragraph (3)); dividuals newly diagnosed with HIV disease in amounts that exceed the amounts that ‘‘(ii) availability of other governmental and individuals knowledgeable of their HIV such States received under such section or and non-governmental resources, including status but not in care.’’. subparagraph for fiscal year 2000, proportion- the State medicaid plan under title XIX of ally reduce such amounts to ensure compli- the Social Security Act and the State Chil- SEC. 206. DISTRIBUTION OF FUNDS. (a) MINIMUM ALLOTMENT.—Section 2618 of ance with this subparagraph. In making such dren’s Health Insurance Program under title the Public Health Service Act (42 U.S.C. reductions, the Secretary shall ensure that XXI of such Act to cover health care costs of 300ff–28) is amended— no such State receives less than that State eligible individuals and families with HIV (1) by redesignating subsections (b) received for fiscal year 2000. disease; through (e) as subsections (a) through (d), re- ‘‘(ii) RATABLE REDUCTION.—If the amount ‘‘(iii) capacity development needs resulting spectively; and appropriated under section 2677 for a fiscal from disparities in the availability of HIV- (2) in subsection (a) (as so redesignated), in year and available for grants under section related services in historically underserved paragraph (1)(A)(i)— 2611 or subparagraph (I)(i) is less than the communities and rural communities; and (A) in subclause (I), by striking ‘‘$100,000’’ amount appropriated and available for fiscal ‘‘(iv) the efficiency of the administrative and inserting ‘‘$200,000’’; and year 2000 under section 2611 or subparagraph mechanism of the State for rapidly allo- (B) in subclause (II), by striking ‘‘$250,000’’ (I)(i), respectively, the limitation contained cating funds to the areas of greatest need and inserting ‘‘$500,000’’. in clause (i) for the grants involved shall be within the State; (b) AMOUNT OF GRANT; ESTIMATE OF LIVING reduced by a percentage equal to the per- ‘‘(B) includes a strategy for identifying in- CASES.—Section 2618(a) of the Public Health centage of the reduction in such amounts ap- dividuals who know their HIV status and are Service Act (as redesignated by subsection propriated and available.’’. not receiving such services and for informing (a)(1) of this section) is amended in para- (d) TERRITORIES.—Section 2618(a) of the the individuals of and enabling the individ- graph (2)— Public Health Service Act (as redesignated uals to utilize the services, giving particular (1) in subparagraph (D)(i), by inserting be- by subsection (a)(1) of this section) is amend- attention to eliminating disparities in access fore the semicolon the following: ‘‘, except ed in paragraph (1)(B) by inserting ‘‘the and services among affected subpopulations that (subject to subparagraph (E)), for grants greater of $50,000 or’’ after ‘‘shall be’’. and historically underserved communities, made pursuant to this paragraph or section (e) SEPARATE TREATMENT DRUG GRANTS.— and including discrete goals, a timetable, 2620 for fiscal year 2005 and subsequent fiscal Section 2618(a) of the Public Health Service and an appropriate allocation of funds; years, the cases counted for each 12-month Act (as redesignated by subsection (a)(1) of ‘‘(C) includes a strategy to coordinate the period beginning on or after July 1, 2004, this section and amended by subsection (b)(2) provision of such services with programs for shall be cases of HIV disease (as reported to of this section) is amended in paragraph HIV prevention (including outreach and and confirmed by such Director) rather than (2)(I)— early intervention) and for the prevention cases of acquired immune deficiency syn- (1) by redesignating clauses (i) and (ii) as and treatment of substance abuse (including drome’’; subclauses (I) and (II), respectively; programs that provide comprehensive treat- (2) by redesignating subparagraphs (E) (2) by striking ‘‘(I) APPROPRIATIONS’’ and ment services for such abuse);’’; through (H) as subparagraphs (F) through (I), all that follows through ‘‘With respect to’’ (E) in subparagraph (D) (as redesignated by respectively; and and inserting the following: subparagraph (C) of this paragraph), by in- (3) by inserting after subparagraph (D) the ‘‘(I) APPROPRIATIONS FOR TREATMENT DRUG serting ‘‘describes’’ before ‘‘the services and following subparagraph: PROGRAM.— activities’’; ‘‘(E) DETERMINATION OF SECRETARY REGARD- ‘‘(i) FORMULA GRANTS.—With respect to’’; (F) in subparagraph (E) (as so redesig- ING DATA ON HIV CASES.—If under (3) in subclause (I) of clause (i) (as des- nated), by inserting ‘‘provides’’ before ‘‘a de- 2603(a)(3)(D)(i) the Secretary determines that ignated by paragraphs (1) and (2)), by insert- scription’’; and data on cases of HIV disease are not suffi- ing before the semicolon the following: ‘‘, (G) in subparagraph (F) (as so redesig- ciently accurate and reliable, then notwith- less the percentage reserved under clause nated), by inserting ‘‘provides’’ before ‘‘a de- standing subparagraph (D) of this paragraph, (ii)(V)’’; and scription’’. for any fiscal year prior to fiscal year 2007 (4) by adding at the end the following (b) PUBLIC PARTICIPATION.—Section 2617(b) the references in such subparagraph to cases clause: of the Public Health Service Act, as amended of HIV disease do not have any legal effect.’’. ‘‘(ii) SUPPLEMENTAL TREATMENT DRUG by subsection (a) of this section, is amend- (c) INCREASES IN FORMULA AMOUNT.—Sec- GRANTS.— ed— tion 2618(a) of the Public Health Service Act ‘‘(I) IN GENERAL.—From amounts made (1) in paragraph (5), by striking ‘‘HIV’’ and (as redesignated by subsection (a)(1) of this available under subclause (V), the Secretary inserting ‘‘HIV disease’’; and section) is amended— shall make supplemental grants to States (2) in paragraph (6), by amending subpara- (1) in paragraph (1)(A)(ii), by inserting be- described in subclause (II) to enable such graph (A) to read as follows: fore the semicolon the following: ‘‘and then, States to increase access to therapeutics de- ‘‘(A) the public health agency that is ad- as applicable, increased under paragraph scribed in section 2616(a), as provided by the ministering the grant for the State engages (2)(H)’’; and State under section 2616(c)(2).

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‘‘(II) ELIGIBLE STATES.—For purposes of ‘‘(2) demonstrate the existence in the State ‘‘(i) 25 percent of the amount appropriated subclause (I), a State described in this sub- of an emerging community as defined in sub- under 2677 to carry out part B, excluding the clause is a State that, in accordance with section (d)(1); and amount appropriated under section criteria established by the Secretary, dem- ‘‘(3) submit the information described in 2618(a)(2)(I), for such fiscal year that is in ex- onstrates a severe need for a grant under subsection (c). cess of the amount appropriated to carry out such subclause. In developing such criteria, ‘‘(c) REPORTING REQUIREMENTS.—A State such part in fiscal year preceding the fiscal the Secretary shall consider eligibility that desires a grant under this section shall, year involved; or standards, formulary composition, and the as part of the State application submitted ‘‘(ii) $5,000,000; number of eligible individuals at or below 200 under section 2617, submit a detailed descrip- to provide funds to States for use in emerg- percent of the official poverty line to whom tion of the manner in which the State will ing communities with at least 500, but less the State is unable to provide therapeutics use amounts received under the grant and of than 1000, cases of AIDS reported to and con- described in section 2616(a). the severity of need. Such description shall firmed by the Director of the Centers for Dis- ‘‘(III) STATE REQUIREMENTS.—The Sec- include— ease Control and Prevention for the five year retary may not make a grant to a State ‘‘(1) a report concerning the dissemination period preceding the year for which the under this clause unless the State agrees of supplemental funds under this section and grant is being awarded. that— the plan for the utilization of such funds in ‘‘(2) TRIGGER OF FUNDING.—This section ‘‘(aa) the State will make available (di- the emerging community; shall be effective only for fiscal years begin- rectly or through donations from public or ‘‘(2) a demonstration of the existing com- ning in the first fiscal year in which the private entities) non-Federal contributions mitment of local resources, both financial amount appropriated under 2677 to carry out toward the activities to carried out under and in-kind; part B, excluding the amount appropriated the grant in an amount equal to $1 for each ‘‘(3) a demonstration that the State will under section 2618(a)(2)(I), exceeds by at least $4 of Federal funds provided in the grant; and maintain HIV-related activities at a level $20,000,000 the amount appropriated under ‘‘(bb) the State will not impose eligibility that is equal to not less than the level of 2677 to carry out part B in fiscal year 2000, requirements for services or scope of benefits such activities in the State for the 1-year pe- excluding the amount appropriated under limitations under section 2616(a) that are riod preceding the fiscal year for which the section 2618(a)(2)(I). more restrictive than such requirements in State is applying to receive a grant under ‘‘(3) MINIMUM AMOUNT IN FUTURE YEARS.— effect as of January 1, 2000. this part; Beginning with the first fiscal year in which ‘‘(IV) USE AND COORDINATION.—Amounts ‘‘(4) a demonstration of the ability of the amounts provided for emerging communities made available under a grant under this State to utilize such supplemental financial under paragraph (1)(A) equals $5,000,000 and clause shall only be used by the State to pro- resources in a manner that is immediately under paragraph (1)(B) equals $5,000,000, the vide HIV/AIDS-related medications. The responsive and cost effective; Secretary shall ensure that amounts made State shall coordinate the use of such ‘‘(5) a demonstration that the resources available under this section for the types of amounts with the amounts otherwise pro- will be allocated in accordance with the emerging communities described in each vided under section 2616(a) in order to maxi- local demographic incidence of AIDS includ- such paragraph in subsequent fiscal years is mize drug coverage. ing appropriate allocations for services for at least $5,000,000. ‘‘(V) FUNDING.—For the purpose of making infants, children, women, and families with ‘‘(4) DISTRIBUTION.—Grants under this sec- grants under this clause, the Secretary shall HIV disease; tion for emerging communities shall be for- each fiscal year reserve 3 percent of the ‘‘(6) a demonstration of the inclusiveness mula grants. There shall be two categories of amount referred to in clause (i) with respect of the planning process, with particular em- such formula grants, as follows: to section 2616, subject to subclause (VI). phasis on affected communities and individ- ‘‘(A) One category of such grants shall be ‘‘(VI) LIMITATION.—In reserving amounts uals with HIV disease; and for emerging communities for which the cu- under subclause (V) and making grants ‘‘(7) a demonstration of the manner in mulative total of cases for purposes of sub- under this clause for a fiscal year, the Sec- which the proposed services are consistent section (d)(2) is 999 or fewer cases. The grant retary shall ensure for each State that the with local needs assessments and the state- made to such an emerging community for a total of the grant under section 2611 for the wide coordinated statement of need. fiscal year shall be the product of— State for the fiscal year and the grant under ‘‘(d) DEFINITION OF EMERGING COMMUNITY.— ‘‘(i) an amount equal to 50 percent of the clause (i) for the State for the fiscal year is In this section, the term ‘emerging commu- amount available pursuant to this sub- not less than such total for the State for the nity’ means a metropolitan area— section for the fiscal year involved; and preceding fiscal year.’’. ‘‘(1) that is not eligible for a grant under ‘‘(ii) a percentage equal to the ratio con- stituted by the number of cases for such (f) TECHNICAL AMENDMENT.—Section 2618(a) part A; and of the Public Health Service Act (as redesig- ‘‘(2) for which there has been reported to emerging community for the fiscal year over nated by subsection (a)(1) of this section) is the Director of the Centers for Disease Con- the aggregate number of such cases for such amended in paragraph (3)(B) by striking trol and Prevention a cumulative total of be- year for all emerging communities to which ‘‘and the Republic of the Marshall Islands’’ tween 500 and 1999 cases of acquired immune this subparagraph applies. and inserting ‘‘the Republic of the Marshall deficiency syndrome for the most recent pe- ‘‘(B) The other category of formula grants Islands, the Federated States of Micronesia, riod of 5 calendar years for which such data shall be for emerging communities for which and the Republic of Palau, and only for pur- are available (except that, for fiscal year 2005 the cumulative total of cases for purposes of poses of paragraph (1) the Commonwealth of and subsequent fiscal years, cases of HIV dis- subsection (d)(2) is 1000 or more cases. The Puerto Rico’’. ease shall be counted rather than cases of ac- grant made to such an emerging community quired immune deficiency syndrome if cases for a fiscal year shall be the product of— SEC. 207. SUPPLEMENTAL GRANTS FOR CERTAIN of HIV disease are being counted for purposes ‘‘(i) an amount equal to 50 percent of the STATES. of section 2618(a)(2)(D)(i)). amount available pursuant to this sub- Subpart I of part B of title XXVI of the ‘‘(e) FUNDING.— section for the fiscal year involved; and Public Health Service Act (42 U.S.C. 300ff–11 ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(ii) a percentage equal to the ratio con- et seq.) is amended— with respect to each fiscal year beginning stituted by the number of cases for such (1) by striking section 2621; and with fiscal year 2001, the Secretary, to carry community for the fiscal year over the ag- (2) by inserting after section 2619 the fol- out this section, shall utilize— gregate number of such cases for the fiscal lowing section: ‘‘(A) the greater of— year for all emerging communities to which ‘‘SEC. 2620. SUPPLEMENTAL GRANTS. ‘‘(i) 25 percent of the amount appropriated this subparagraph applies.’’. ‘‘(a) IN GENERAL.—The Secretary shall under 2677 to carry out part B, excluding the Subtitle B—Provisions Concerning Preg- award supplemental grants to States deter- amount appropriated under section nancy and Perinatal Transmission of HIV mined to be eligible under subsection (b) to 2618(a)(2)(I), for such fiscal year that is in ex- SEC. 211. REPEALS. enable such States to provide comprehensive cess of the amount appropriated to carry out Subpart II of part B of title XXVI of the services of the type described in section such part in fiscal year preceding the fiscal Public Health Service Act (42 U.S.C. 300ff–33 2612(a) to supplement the services otherwise year involved; or et seq.) is amended— provided by the State under a grant under ‘‘(ii) $5,000,000; (1) in section 2626, by striking each of sub- this subpart in emerging communities with- to provide funds to States for use in emerg- sections (d) through (f); in the State that are not eligible to receive ing communities with at least 1000, but less (2) by striking sections 2627 and 2628; and grants under part A. than 2000, cases of AIDS as reported to and (3) by redesignating section 2629 as section ‘‘(b) ELIGIBILITY.—To be eligible to receive confirmed by the Director of the Centers for 2627. a supplemental grant under subsection (a), a Disease Control and Prevention for the five SEC. 212. GRANTS. State shall— year period preceding the year for which the (a) IN GENERAL.—Section 2625(c) of the ‘‘(1) be eligible to receive a grant under grant is being awarded; and Public Health Service Act (42 U.S.C. 300ff–33) this subpart; ‘‘(B) the greater of— is amended—

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(1) in paragraph (1), by inserting at the end with amounts reserved under subparagraph ‘‘(1) IN GENERAL.—The Secretary shall re- the following subparagraph: (B) of this paragraph: quest the Institute of Medicine to enter into ‘‘(F) Making available to pregnant women ‘‘(i) Such a grant may not be made in an an agreement with the Secretary under with HIV disease, and to the infants of amount exceeding $4,000,000. which such Institute conducts a study to women with such disease, treatment services ‘‘(ii) If pursuant to clause (i) or pursuant provide the following: for such disease in accordance with applica- to an insufficient number of qualifying appli- ‘‘(A) For the most recent fiscal year for ble recommendations of the Secretary.’’; cations for such grants (or both), the full which the information is available, a deter- (2) by amending paragraph (2) to read as amount reserved under subparagraph (B) for mination of the number of newborn infants follows: a fiscal year is not obligated, the require- with HIV born in the United States with re- ‘‘(2) FUNDING.— ment under such subparagraph to reserve spect to whom the attending obstetrician for ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— amounts ceases to apply. the birth did not know the HIV status of the For the purpose of carrying out this sub- ‘‘(iii) In the case of a State that meets the mother. section, there are authorized to be appro- conditions to receive amounts reserved ‘‘(B) A determination for each State of any priated $30,000,000 for each of the fiscal years under subparagraph (B)(i)(II), the Secretary barriers, including legal barriers, that pre- 2001 through 2005. Amounts made available shall in making grants consider the fol- vent or discourage an obstetrician from under section 2677 for carrying out this part lowing factors: making it a routine practice to offer preg- are not available for carrying out this sec- ‘‘(I) The extent of the reduction in the rate nant women an HIV test and a routine prac- tion unless otherwise authorized. of new cases of the perinatal transmission of tice to test newborn infants for HIV disease ‘‘(B) ALLOCATIONS FOR CERTAIN STATES.— HIV. in circumstances in which the obstetrician ‘‘(i) IN GENERAL.—Of the amounts appro- ‘‘(II) The extent of the reduction in the does not know the HIV status of the mother priated under subparagraph (A) for a fiscal rate of new cases of perinatal cases of ac- of the infant. year in excess of $10,000,000— quired immune deficiency syndrome. ‘‘(C) Recommendations for each State for ‘‘(I) the Secretary shall reserve the appli- ‘‘(III) The overall incidence of cases of in- reducing the incidence of cases of the cable percentage under clause (iv) for mak- fection with HIV among women of child- perinatal transmission of HIV, including rec- ing grants under paragraph (1) both to States bearing age. ommendations on removing the barriers described in clause (ii) and States described ‘‘(IV) The overall incidence of cases of ac- identified under subparagraph (B). in clause (iii); and quired immune deficiency syndrome among If such Institute declines to conduct the ‘‘(II) the Secretary shall reserve the re- women of childbearing age. study, the Secretary shall enter into an maining amounts for other States, taking ‘‘(V) The higher acceptance rate of HIV agreement with another appropriate public into consideration the factors described in testing of pregnant women. or nonprofit private entity to conduct the subparagraph (C)(iii), except that this sub- ‘‘(VI) The extent to which women and chil- study. clause does not apply to any State that for dren with HIV disease are receiving HIV-re- ‘‘(2) REPORT.—The Secretary shall ensure the fiscal year involved is receiving amounts lated health services. that, not later than 18 months after the ef- pursuant to subclause (I). ‘‘(VII) The extent to which HIV-exposed fective date of this section, the study re- children are receiving health services appro- quired in paragraph (1) is completed and a re- ‘‘(ii) REQUIRED TESTING OF NEWBORNS.—For purposes of clause (i)(I), the States described priate to such exposure.’’; and port describing the findings made in the (3) by adding at the end the following para- study is submitted to the appropriate com- in this clause are States that under law (in- graph: mittees of the Congress, the Secretary, and cluding under regulations or the discretion ‘‘(4) MAINTENANCE OF EFFORT.—A condition the chief public health official of each of the of State officials) have— for the receipt of a grant under paragraph (1) States. ‘‘(I) a requirement that all newborn infants is that the State involved agree that the ‘‘(b) PROGRESS TOWARD RECOMMENDA- born in the State be tested for HIV disease grant will be used to supplement and not TIONS.—In fiscal year 2004, the Secretary and that the biological mother of each such supplant other funds available to the State shall collect information from the States de- infant, and the legal guardian of the infant to carry out the purposes of the grant.’’. scribing the actions taken by the States to- (if other than the biological mother), be in- (b) SPECIAL FUNDING RULE FOR FISCAL ward meeting the recommendations specified formed of the results of the testing; or YEAR 2001.— for the States under subsection (a)(1)(C). ‘‘(II) a requirement that newborn infants (1) IN GENERAL.—If for fiscal year 2001 the ‘‘(c) SUBMISSION OF REPORTS TO CON- born in the State be tested for HIV disease in amount appropriated under paragraph (2)(A) GRESS.—The Secretary shall submit to the circumstances in which the attending obste- of section 2625(c) of the Public Health Serv- appropriate committees of the Congress re- trician for the birth does not know the HIV ice Act is less than $14,000,000— ports describing the information collected status of the mother of the infant, and that (A) the Secretary of Health and Human under subsection (b).’’. the biological mother of each such infant, Services shall, for the purpose of making Subtitle C—Certain Partner Notification and the legal guardian of the infant (if other grants under paragraph (1) of such section, Programs than the biological mother), be informed of reserve from the amount specified in para- SEC. 221. GRANTS FOR COMPLIANT PARTNER NO- the results of the testing. graph (2) of this subsection an amount equal TIFICATION PROGRAMS. ‘‘(iii) MOST SIGNIFICANT REDUCTION IN CASES to the difference between $14,000,000 and the Part B of title XXVI of the Public Health OF PERINATAL TRANSMISSION.—For purposes amount appropriated under paragraph (2)(A) Service Act (42 U.S.C. 300ff–21 et seq.) is of clause (i)(I), the States described in this of such section for such fiscal year (notwith- amended by adding at the end the following clause are the following (exclusive of States standing any other provision of this Act or subpart: described in clause (ii)), as applicable: the amendments made by this Act); ‘‘Subpart III—Certain Partner Notification ‘‘(I) For fiscal years 2001 and 2002, the two (B) the amount so reserved shall, for pur- Programs States that, relative to other States, have poses of paragraph (2)(B)(i) of such section, ‘‘SEC. 2631. GRANTS FOR PARTNER NOTIFICA- the most significant reduction in the rate of be considered to have been appropriated TION PROGRAMS. new cases of the perinatal transmission of under paragraph (2)(A) of such section; and ‘‘(a) IN GENERAL.—In the case of States HIV (as indicated by the number of such (C) the percentage specified in paragraph whose laws or regulations are in accordance cases reported to the Director of the Centers (2)(B)(iv)(I) of such section is deemed to be 50 with subsection (b), the Secretary, subject to for Disease Control and Prevention for the percent. subsection (c)(2), may make grants to the most recent periods for which the data are (2) ALLOCATION FROM INCREASES IN FUNDING States for carrying out programs to provide available). FOR PART B.—For purposes of paragraph (1), partner counseling and referral services. ‘‘(II) For fiscal years 2003 and 2004, the the amount specified in this paragraph is the ‘‘(b) DESCRIPTION OF COMPLIANT STATE PRO- three States that have the most significant amount by which the amount appropriated GRAMS.—For purposes of subsection (a), the such reduction. under section 2677 of the Public Health Serv- laws or regulations of a State are in accord- ‘‘(III) For fiscal year 2005, the four States ice Act for fiscal year 2001 and available for ance with this subsection if under such laws that have the most significant such reduc- grants under section 2611 of such Act is an or regulations (including programs carried tion. increase over the amount so appropriated out pursuant to the discretion of State offi- ‘‘(iv) APPLICABLE PERCENTAGE.—For pur- and available for fiscal year 2000. cials) the following policies are in effect: poses of clause (i), the applicable amount for SEC. 213. STUDY BY INSTITUTE OF MEDICINE. ‘‘(1) The State requires that the public a fiscal year is as follows: Subpart II of part B of title XXVI of the health officer of the State carry out a pro- ‘‘(I) For fiscal year 2001, 33 percent. Public Health Service Act, as amended by gram of partner notification to inform part- ‘‘(II) For fiscal year 2002, 50 percent. section 211(3), is amended by adding at the ners of individuals with HIV disease that the ‘‘(III) For fiscal year 2003, 67 percent. end the following section: partners may have been exposed to the dis- ‘‘(IV) For fiscal year 2004, 75 percent. ‘‘SEC. 2628. RECOMMENDATIONS FOR REDUCING ease. ‘‘(V) For fiscal year 2005, 75 percent. INCIDENCE OF PERINATAL TRANS- ‘‘(2)(A) In the case of a health entity that ‘‘(C) CERTAIN PROVISIONS.—With respect to MISSION. provides for the performance on an indi- grants under paragraph (1) that are made ‘‘(a) STUDY BY INSTITUTE OF MEDICINE.— vidual of a test for HIV disease, or that

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treats the individual for the disease, the retary shall give preference to States whose ‘‘(i) AMOUNT.—A grant under paragraph State requires, subject to subparagraph (B), reporting systems for cases of HIV disease (1)(B) may be made in an amount not to ex- that the entity confidentially report the produce data on such cases that is suffi- ceed $150,000. positive test results to the State public ciently accurate and reliable for use for pur- ‘‘(ii) DURATION.—The total duration of a health officer in a manner recommended and poses of section 2618(a)(2)(D)(i). grant under paragraph (1)(B), including any approved by the Director of the Centers for ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— renewal, may not exceed 3 years.’’. Disease Control and Prevention, together For the purpose of carrying out this section, (c) INCREASE IN LIMITATION.—Section with such additional information as may be there are authorized to be appropriated 2654(c)(5) of the Public Health Service Act (42 necessary for carrying out such program. $30,000,000 for fiscal year 2001, and such sums U.S.C. 300ff–54(c)(5)), as redesignated by sub- ‘‘(B) The State may provide that the re- as may be necessary for each of the fiscal section (b), is amended by striking ‘‘1 per- quirement of subparagraph (A) does not years 2002 through 2005.’’. cent’’ and inserting ‘‘5 percent’’. apply to the testing of an individual for HIV TITLE III—EARLY INTERVENTION SEC. 313. AUTHORIZATION OF APPROPRIATIONS. disease if the individual underwent the test- SERVICES Section 2655 of the Public Health Service ing through a program designed to perform Act (42 U.S.C. 300ff–55) is amended by strik- Subtitle A—Formula Grants for States the test and provide the results to the indi- ing ‘‘in each of’’ and all that follows and in- vidual without the individual disclosing his SEC. 301. REPEAL OF PROGRAM. serting ‘‘for each of the fiscal years 2001 or her identity to the program. This subpara- (a) REPEAL.—Subpart I of part C of title through 2005.’’. graph may not be construed as affecting the XXVI of the Public Health Service Act (42 Subtitle C—General Provisions requirement of subparagraph (A) with re- U.S.C. 300ff–41 et seq.) is repealed. spect to a health entity that treats an indi- SEC. 321. PROVISION OF CERTAIN COUNSELING (b) CONFORMING AMENDMENTS.—Part C of SERVICES. vidual for HIV disease. title XXVI of the Public Health Service Act Section 2662(c)(3) of the Public Health ‘‘(3) The program under paragraph (1) is (42 U.S.C. 300ff–41 et seq.), as amended by Service Act (42 U.S.C. 300ff–62(c)(3)) is carried out in accordance with the following: subsection (a) of this section, is amended— amended— ‘‘(A) Partners are provided with an appro- (1) by redesignating subparts II and III as (1) in the matter preceding subparagraph priate opportunity to learn that the partners subparts I and II, respectively; (A), by striking ‘‘counseling on—’’ and in- have been exposed to HIV disease, subject to (2) in section 2661(a), by striking ‘‘unless— serting ‘‘counseling—’’; subparagraph (B). ’’ and all that follows through ‘‘(2) in the (2) in each of subparagraphs (A), (B), and ‘‘(B) The State does not inform partners of case of’’ and inserting ‘‘unless, in the case (D), by inserting ‘‘on’’ after the subpara- the identity of the infected individuals in- of’’; and graph designation; and volved. (3) in section 2664— (3) in subparagraph (C)— ‘‘(C) Counseling and testing for HIV disease (A) in subsection (e)(5), by striking ‘‘2642(b) (A) by striking ‘‘(C) the benefits’’ and in- are made available to the partners and to in- or’’; serting ‘‘(C)(i) that explains the benefits’’; fected individuals, and such counseling in- (B) in subsection (f)(2), by striking ‘‘2642(b) and cludes information on modes of transmission or’’; and (B) by inserting after clause (i) (as des- for the disease, including information on pre- (C) by striking subsection (h). ignated by subparagraph (A) of this para- natal and perinatal transmission and pre- Subtitle B—Categorical Grants graph) the following clause: venting transmission. ‘‘(ii) that emphasizes it is the duty of in- ‘‘(D) Counseling of infected individuals and SEC. 311. PREFERENCES IN MAKING GRANTS. fected individuals to disclose their infected their partners includes the provision of in- Section 2653 of the Public Health Service status to their sexual partners and their formation regarding therapeutic measures Act (42 U.S.C. 300ff–53) is amended by adding partners in the sharing of hypodermic nee- for preventing and treating the deterioration at the end the following subsection: dles; that provides advice to infected individ- of the immune system and conditions arising ‘‘(d) CERTAIN AREAS.—Of the applicants uals on the manner in which such disclosures from the disease, and the provision of other who qualify for preference under this sec- can be made; and that emphasizes that it is prevention-related information. tion— the continuing duty of the individuals to ‘‘(E) Referrals for appropriate services are ‘‘(1) the Secretary shall give preference to avoid any behaviors that will expose others provided to partners and infected individ- applicants that will expend the grant under to HIV.’’. uals, including referrals for support services section 2651 to provide early intervention and legal aid. under such section in rural areas; and SEC. 322. ADDITIONAL REQUIRED AGREEMENTS. ‘‘(F) Notifications under subparagraph (A) ‘‘(2) the Secretary shall give special con- Section 2664(g) of the Public Health Serv- are provided in person, unless doing so is an sideration to areas that are underserved with ice Act (42 U.S.C. 300ff–64(g)) is amended— unreasonable burden on the State. respect to such services.’’. (1) in paragraph (3)— ‘‘(G) There is no criminal or civil penalty SEC. 312. PLANNING AND DEVELOPMENT (A) by striking ‘‘7.5 percent’’ and inserting on, or civil liability for, an infected indi- GRANTS. ‘‘10 percent’’; and vidual if the individual chooses not to iden- (a) IN GENERAL.—Section 2654(c)(1) of the (B) by striking ‘‘and’’ after the semicolon tify the partners of the individual, or the in- Public Health Service Act (42 U.S.C. 300ff– at the end; dividual does not otherwise cooperate with 54(c)(1)) is amended by striking ‘‘planning (2) in paragraph (4), by striking the period such program. grants’’ and all that follows and inserting and inserting ‘‘; and’’; and ‘‘(H) The failure of the State to notify the following: ‘‘planning grants to public and (3) by adding at the end the following para- partners is not a basis for the civil liability nonprofit private entities for purposes of— graph: of any health entity who under the program ‘‘(A) enabling such entities to provide HIV ‘‘(5) the applicant will provide for the es- reported to the State the identity of the in- early intervention services; and tablishment of a quality management pro- fected individual involved. ‘‘(B) assisting the entities in expanding gram— ‘‘(I) The State provides that the provisions their capacity to provide HIV-related health ‘‘(A) to assess the extent to which medical of the program may not be construed as pro- services, including early intervention serv- services funded under this title that are pro- hibiting the State from providing a notifica- ices, in low-income communities and af- vided to patients are consistent with the tion under subparagraph (A) without the fected subpopulations that are underserved most recent Public Health Service guidelines consent of the infected individual involved. with respect to such services (subject to the for the treatment of HIV disease and related ‘‘(4) The State annually reports to the Di- condition that a grant pursuant to this sub- opportunistic infections, and as applicable, rector of the Centers for Disease Control and paragraph may not be expended to purchase to develop strategies for ensuring that such Prevention the number of individuals from or improve land, or to purchase, construct, services are consistent with the guidelines; whom the names of partners have been or permanently improve, other than minor and sought under the program under paragraph remodeling, any building or other facility).’’. ‘‘(B) to ensure that improvements in the (1), the number of such individuals who pro- (b) AMOUNT; DURATION.—Section 2654(c) of access to and quality of HIV health services vided the names of partners, and the number the Public Health Service Act (42 U.S.C. are addressed.’’. of partners so named who were notified 300ff–54(c)) is further amended— TITLE IV—OTHER PROGRAMS AND under the program. (1) by redesignating paragraph (4) as para- ACTIVITIES ‘‘(5) The State cooperates with such Direc- graph (5); and Subtitle A—Certain Programs for Research, tor in carrying out a national program of (2) by inserting after paragraph (3) the fol- Demonstrations, or Training partner notification, including the sharing of lowing: SEC. 401. GRANTS FOR COORDINATED SERVICES information between the public health offi- ‘‘(4) AMOUNT AND DURATION OF GRANTS.— AND ACCESS TO RESEARCH FOR cers of the States. ‘‘(A) EARLY INTERVENTION SERVICES.—A WOMEN, INFANTS, CHILDREN, AND ‘‘(c) REPORTING SYSTEM FOR CASES OF HIV grant under paragraph (1)(A) may be made in YOUTH. DISEASE; PREFERENCE IN MAKING GRANTS.—In an amount not to exceed $50,000. (a) ELIMINATION OF REQUIREMENT TO EN- making grants under subsection (a), the Sec- ‘‘(B) CAPACITY DEVELOPMENT.— ROLL SIGNIFICANT NUMBERS OF WOMEN AND

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CHILDREN.—Section 2671(b) (42 U.S.C. 300ff– uals to the services and research opportuni- (1) SCHOOLS; CENTERS.—Section 2692(c)(1) of 71(b)) is amended— ties described in such paragraph. the Public Health Service Act (42 U.S.C. (1) in paragraph (1), by striking subpara- ‘‘(B) LIMITATION.—After a final determina- 300ff–111(c)(1)) is amended by striking ‘‘fiscal graphs (C) and (D) and inserting the fol- tion under subparagraph (A), the Secretary years 1996 through 2000’’ and inserting ‘‘fiscal lowing: may not make a grant under this part unless years 2001 through 2005’’. ‘‘(C) The applicant will demonstrate link- the grantee complies with such requirements (2) DENTAL SCHOOLS.—Section 2692(c)(2) of ages to research and how access to such re- as may be included in such determination.’’. the Public Health Service Act (42 U.S.C. search is being offered to patients.’’; and (f) AUTHORIZATION OF APPROPRIATIONS.— 300ff–111(c)(2)) is amended to read as follows: (2) by striking paragraphs (3) and (4). Section 2671 of the Public Health Service Act ‘‘(2) DENTAL SCHOOLS.— (b) INFORMATION AND EDUCATION.—Section (42 U.S.C. 300ff–71) is amended in subsection ‘‘(A) IN GENERAL.—For the purpose of 2671(d) (42 U.S.C. 300ff–71(d)) is amended by (j) (as redesignated by subsection (e)(1) of grants under paragraphs (1) through (4) of adding at the end the following: this section) by striking ‘‘fiscal years 1996 subsection (b), there are authorized to be ap- ‘‘(4) The applicant will provide individuals through 2000’’ and inserting ‘‘fiscal years 2001 propriated such sums as may be necessary with information and education on opportu- through 2005’’. for each of the fiscal years 2001 through 2005. nities to participate in HIV/AIDS-related SEC. 402. AIDS EDUCATION AND TRAINING CEN- ‘‘(B) COMMUNITY-BASED CARE.—For the pur- clinical research.’’. TERS. pose of grants under subsection (b)(5), there (c) QUALITY MANAGEMENT; ADMINISTRATIVE (a) SCHOOLS; CENTERS.— are authorized to be appropriated such sums EXPENSES CEILING.—Section 2671(f) (42 U.S.C. (1) IN GENERAL.—Section 2692(a)(1) of the as may be necessary for each of the fiscal 300ff–71(f)) is amended— Public Health Service Act (42 U.S.C. 300ff– years 2001 through 2005.’’. (1) by striking the subsection heading and 111(a)(1)) is amended— Subtitle B—General Provisions in Title XXVI designation and inserting the following: (A) in subparagraph (A)— SEC. 411. EVALUATIONS AND REPORTS. ‘‘(f) ADMINISTRATION.— (i) by striking ‘‘training’’ and inserting ‘‘to Section 2674(c) of the Public Health Serv- ‘‘(1) APPLICATION.—’’; and train’’; ice Act (42 U.S.C. 300ff–74(c)) is amended by (2) by adding at the end the following: (ii) by striking ‘‘and including’’ and insert- striking ‘‘1991 through 1995’’ and inserting ‘‘(2) QUALITY MANAGEMENT PROGRAM.—A ing ‘‘, including’’; and ‘‘2001 through 2005’’. grantee under this section shall implement a (iii) by inserting before the semicolon the quality management program to assess the following: ‘‘, and including (as applicable to SEC. 412. DATA COLLECTION THROUGH CENTERS FOR DISEASE CONTROL AND PRE- extent to which HIV health services provided the type of health professional involved), VENTION. to patients under the grant are consistent prenatal and other gynecological care for Part B of title III of the Public Health with the most recent Public Health Service women with HIV disease’’; Service Act (42 U.S.C. 243 et seq.) is amended guidelines for the treatment of HIV disease (B) in subparagraph (B), by striking ‘‘and’’ by inserting after section 318A the following and related opportunistic infection, and as after the semicolon at the end; section: applicable, to develop strategies for ensuring (C) in subparagraph (C), by striking the pe- that such services are consistent with the riod and inserting ‘‘; and’’; and ‘‘DATA COLLECTION REGARDING PROGRAMS guidelines for improvement in the access to (D) by adding at the end the following: UNDER TITLE XXVI and quality of HIV health services.’’. ‘‘(D) to develop protocols for the medical ‘‘SEC. 318B. For the purpose of collecting (d) COORDINATION.—Section 2671(g) (42 care of women with HIV disease, including and providing data for program planning and U.S.C. 300ff–71(g)) is amended by adding at prenatal and other gynecological care for evaluation activities under title XXVI, there the end the following: ‘‘The Secretary acting such women.’’. are authorized to be appropriated to the Sec- through the Director of NIH, shall examine (2) DISSEMINATION OF TREATMENT GUIDE- retary (acting through the Director of the the distribution and availability of ongoing LINES; MEDICAL CONSULTATION ACTIVITIES.— Centers for Disease Control and Prevention) and appropriate HIV/AIDS-related research Not later than 90 days after the date of the such sums as may be necessary for each of projects to existing sites under this section enactment of this Act, the Secretary of the fiscal years 2001 through 2005. Such au- for purposes of enhancing and expanding vol- Health and Human Services shall issue and thorization of appropriations is in addition untary access to HIV-related research, espe- begin implementation of a strategy for the to other authorizations of appropriations cially within communities that are not rea- dissemination of HIV treatment information that are available for such purpose.’’. sonably served by such projects. Not later to health care providers and patients. SEC. 413. COORDINATION. than 12 months after the date of enactment (b) DENTAL SCHOOLS.—Section 2692(b) of Section 2675 of the Public Health Service of the Ryan White CARE Act Amendments of the Public Health Service Act (42 U.S.C. Act (42 U.S.C. 300ff–75) is amended— 2000, the Secretary shall prepare and submit 300ff–111(b)) is amended— (1) by amending subsection (a) to read as to the appropriate committees of Congress a (1) by amending paragraph (1) to read as follows: report that describes the findings made by follows: ‘‘(a) REQUIREMENT.—The Secretary shall the Director and the manner in which the ‘‘(1) IN GENERAL.— ensure that the Health Resources and Serv- conclusions based on those findings can be ‘‘(A) GRANTS.—The Secretary may make ices Administration, the Centers for Disease addressed.’’. grants to dental schools and programs de- Control and Prevention, the Substance (e) ADMINISTRATIVE EXPENSES.—Section scribed in subparagraph (B) to assist such Abuse and Mental Health Services Adminis- 2671 of the Public Health Service Act (42 schools and programs with respect to oral tration, and the Health Care Financing Ad- U.S.C. 300ff–71) is amended— health care to patients with HIV disease. ministration coordinate the planning, fund- (1) by redesignating subsections (i) and (j) ‘‘(B) ELIGIBLE APPLICANTS.—For purposes ing, and implementation of Federal HIV pro- as subsections (j) and (k), respectively; and of this subsection, the dental schools and grams to enhance the continuity of care and (2) by inserting after subsection (h) the fol- programs referred to in this subparagraph prevention services for individuals with HIV lowing subsection: are dental schools and programs that were disease or those at risk of such disease. The ‘‘(i) LIMITATION ON ADMINISTRATIVE EX- described in section 777(b)(4)(B) as such sec- Secretary shall consult with other Federal PENSES.— tion was in effect on the day before the date agencies, including the Department of Vet- ‘‘(1) DETERMINATION BY SECRETARY.—Not of the enactment of the Health Professions erans Affairs, as needed and utilize planning later than 12 months after the date of enact- Education Partnerships Act of 1998 (Public information submitted to such agencies by ment of the Ryan White Care Act Amend- Law 105–392) and in addition dental hygiene the States and entities eligible for support.’’; ments of 2000, the Secretary, in consultation programs that are accredited by the Com- (2) by redesignating subsections (b) and (c) with grantees under this part, shall conduct mission on Dental Accreditation.’’; as subsections (c) and (d), respectively; a review of the administrative, program sup- (2) in paragraph (2), by striking (3) by inserting after subsection (b) the fol- port, and direct service-related activities ‘‘777(b)(4)(B)’’ and inserting ‘‘the section re- lowing subsection: that are carried out under this part to ensure ferred to in paragraph (1)(B)’’; and ‘‘(b) REPORT.—The Secretary shall bienni- that eligible individuals have access to qual- (3) by inserting after paragraph (4) the fol- ally prepare and submit to the appropriate ity, HIV-related health and support services lowing paragraph: committees of the Congress a report con- and research opportunities under this part, ‘‘(5) COMMUNITY-BASED CARE.—The Sec- cerning the coordination efforts at the Fed- and to support the provision of such services. retary may make grants to dental schools eral, State, and local levels described in this ‘‘(2) REQUIREMENTS.— and programs described in paragraph (1)(B) section, including a description of Federal ‘‘(A) IN GENERAL.—Not later than 180 days that partner with community-based dentists barriers to HIV program integration and a after the expiration of the 12-month period to provide oral health care to patients with strategy for eliminating such barriers and referred to in paragraph (1) the Secretary, in HIV disease in unserved areas. Such partner- enhancing the continuity of care and preven- consultation with grantees under this part, ships shall permit the training of dental stu- tion services for individuals with HIV disease shall determine the relationship between the dents and residents and the participation of or those at risk of such disease.’’; and costs of the activities referred to in para- community dentists as adjunct faculty.’’. (4) in each of subsections (c) and (d) (as re- graph (1) and the access of eligible individ- (c) AUTHORIZATION OF APPROPRIATIONS.— designated by paragraph (2) of this section),

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.002 H04OC0 20732 CONGRESSIONAL RECORD—HOUSE October 4, 2000 by inserting ‘‘and prevention services’’ after grants under such parts be submitted bienni- mary care and support services and the ex- ‘‘continuity of care’’ each place such term ally rather than annually. The Secretary tent to which those measures and data could appears. shall submit such determination to the Con- be used to measure the quality of such fund- SEC. 414. PLAN REGARDING RELEASE OF PRIS- gress not later than 2 years after the date of ed services. ONERS WITH HIV DISEASE. the enactment of the Ryan White CARE Act (B) The effectiveness and efficiency of serv- Section 2675 of the Public Health Service Amendments of 2000. ice delivery (including the quality of serv- Act, as amended by section 413(2) of this Act, ‘‘(c) APPLICATION SIMPLIFICATION.—After ices, health outcomes, and resource use) is amended by adding at the end the fol- consultation with the States, with eligible within the context of a changing health care lowing subsection: areas under part A, and with entities that re- and therapeutic environment, as well as the ceive amounts from grants under part A or ‘‘(e) RECOMMENDATIONS REGARDING RE- changing epidemiology of the epidemic, in- B, the Secretary shall develop a plan for sim- LEASE OF PRISONERS.—After consultation cluding determining the actual costs, poten- plifying the process for applications under with the Attorney General and the Director tial savings, and overall financial impact of parts A and B. The Secretary shall submit of the Bureau of Prisons, with States, with modifying the program under title XIX of the plan to the Congress not later than 18 eligible areas under part A, and with entities the Social Security Act to establish eligi- months after the date of the enactment of bility for medical assistance under such title that receive amounts from grants under part the Ryan White CARE Act Amendments of on the basis of infection with the human im- A or B, the Secretary, consistent with the 2000. Not later than 2 years after the date on munodeficiency virus rather than providing coordination required in subsection (a), shall which the plan is so submitted, the Sec- such assistance only if the infection has pro- develop a plan for the medical case manage- retary shall complete the implementation of gressed to acquired immune deficiency syn- ment of and the provision of support services the plan, notwithstanding any provision of to individuals who were Federal or State this title that is inconsistent with the drome. prisoners and had HIV disease as of the date plan.’’. (C) Existing and needed epidemiological data and other analytic tools for resource on which the individuals were released from SEC. 417. AUTHORIZATION OF APPROPRIATIONS the custody of the penal system. The Sec- FOR PARTS A AND B. planning and allocation decisions, specifi- retary shall submit the plan to the Congress Section 2677 of the Public Health Service cally for estimating severity of need of a not later than 2 years after the date of the Act (42 U.S.C. 300ff–77) is amended to read as community and the relationship to the allo- enactment of the Ryan White CARE Act follows: cations process. Amendments of 2000.’’. ‘‘SEC. 2677. AUTHORIZATION OF APPROPRIA- (D) Other factors determined to be relevant SEC. 415. AUDITS. TIONS. to assessing an individual’s or community’s Part D of title XXVI of the Public Health ‘‘(a) PART A.—For the purpose of carrying ability to gain and sustain access to quality Service Act (42 U.S.C. 300ff–71 et seq.) is out part A, there are authorized to be appro- HIV services. amended by inserting after section 2675 the priated such sums as may be necessary for (c) OTHER ENTITIES.—If the Institute of following section: each of the fiscal years 2001 through 2005. Medicine declines to conduct a study under ‘‘(b) PART B.—For the purpose of carrying this section, the Secretary shall enter into ‘‘SEC. 2675A. AUDITS. out part B, there are authorized to be appro- an agreement with another appropriate pub- ‘‘For fiscal year 2002 and subsequent fiscal priated such sums as may be necessary for lic or nonprofit private entity to conduct the years, the Secretary may reduce the each of the fiscal years 2001 through 2005.’’. study. amounts of grants under this title to a State TITLE V—GENERAL PROVISIONS (d) REPORT.—The Secretary shall ensure or political subdivision of a State for a fiscal SEC. 501. STUDIES BY INSTITUTE OF MEDICINE. that— year if, with respect to such grants for the (1) not later than 3 years after the date of (a) STATE SURVEILLANCE SYSTEMS ON PREV- second preceding fiscal year, the State or the enactment of this Act, the study re- subdivision fails to prepare audits in accord- ALENCE OF HIV.—The Secretary of Health and Human Services (referred to in this sec- quired in subsection (a) is completed and a ance with the procedures of section 7502 of report describing the findings made in the title 31, United States Code. The Secretary tion as the ‘‘Secretary’’) shall request the In- stitute of Medicine to enter into an agree- study is submitted to the appropriate com- shall annually select representative samples ment with the Secretary under which such mittees of the Congress; and of such audits, prepare summaries of the se- Institute conducts a study to provide the fol- (2) not later than 2 years after the date of lected audits, and submit the summaries to lowing: the enactment of this Act, the study re- the Congress.’’. (1) A determination of whether the surveil- quired in subsection (b) is completed and a SEC. 416. ADMINISTRATIVE SIMPLIFICATION. lance system of each of the States regarding report describing the findings made in the Part D of title XXVI of the Public Health the human immunodeficiency virus provides study is submitted to such committees. Service Act, as amended by section 415 of for the reporting of cases of infection with SEC. 502. DEVELOPMENT OF RAPID HIV TEST. this Act, is amended by inserting after sec- the virus in a manner that is sufficient to (a) EXPANSION, INTENSIFICATION, AND CO- tion 2675A the following section: provide adequate and reliable information on ORDINATION OF RESEARCH AND OTHER ACTIVI- ‘‘SEC. 2675B. ADMINISTRATIVE SIMPLIFICATION the number of such cases and the demo- TIES.— REGARDING PARTS A AND B. graphic characteristics of such cases, both (1) IN GENERAL.—The Director of NIH shall ‘‘(a) COORDINATED DISBURSEMENT.—After for the State in general and for specific geo- expand, intensify, and coordinate research consultation with the States, with eligible graphic areas in the State. and other activities of the National Insti- areas under part A, and with entities that re- (2) A determination of whether such infor- tutes of Health with respect to the develop- ceive amounts from grants under part A or mation is sufficiently accurate for purposes ment of reliable and affordable tests for HIV B, the Secretary shall develop a plan for co- of formula grants under parts A and B of disease that can rapidly be administered and ordinating the disbursement of appropria- title XXVI of the Public Health Service Act. whose results can rapidly be obtained (in tions for grants under part A with the dis- (3) With respect to any State whose sur- this section referred to a ‘‘rapid HIV test’’). bursement of appropriations for grants under veillance system does not provide adequate (2) REPORT TO CONGRESS.—The Director of part B in order to assist grantees and other and reliable information on cases of infec- NIH shall periodically submit to the appro- recipients of amounts from such grants in tion with the virus, recommendations re- priate committees of Congress a report de- complying with the requirements of such garding the manner in which the State can scribing the research and other activities parts. The Secretary shall submit the plan to improve the system. conducted or supported under paragraph (1). the Congress not later than 18 months after (b) RELATIONSHIP BETWEEN EPIDEMIOLOG- (3) AUTHORIZATION OF APPROPRIATIONS.— the date of the enactment of the Ryan White ICAL MEASURES AND HEALTH CARE FOR CER- For the purpose of carrying out this sub- CARE Act Amendments of 2000. Not later TAIN INDIVIDUALS WITH HIV DISEASE.— section, there are authorized to be appro- than 2 years after the date on which the plan (1) IN GENERAL.—The Secretary shall re- priated such sums as may be necessary for is so submitted, the Secretary shall complete quest the Institute of Medicine to enter into each of the fiscal years 2001 through 2005. the implementation of the plan, notwith- an agreement with the Secretary under (b) PREMARKET REVIEW OF RAPID HIV standing any provision of this title that is which such Institute conducts a study con- TESTS.— inconsistent with the plan. cerning the appropriate epidemiological (1) IN GENERAL.—Not later than 90 days ‘‘(b) BIENNIAL APPLICATIONS.—After con- measures and their relationship to the fi- after the date of the enactment of this Act, sultation with the States, with eligible areas nancing and delivery of primary care and the Secretary, in consultation with the Di- under part A, and with entities that receive health-related support services for low-in- rector of the Centers for Disease Control and amounts from grants under part A or B, the come, uninsured, and under-insured individ- Prevention and the Commissioner of Food Secretary shall make a determination of uals with HIV disease. and Drugs, shall submit to the appropriate whether the administration of parts A and B (2) ISSUES TO BE CONSIDERED.—The Sec- committees of the Congress a report describ- by the Secretary, and the efficiency of grant- retary shall ensure that the study under ing the progress made towards, and barriers ees under such parts in complying with the paragraph (1) considers the following: to, the premarket review and commercial requirements of such parts, would be im- (A) The availability and utility of health distribution of rapid HIV tests. The report proved by requiring that applications for outcomes measures and data for HIV pri- shall—

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(A) assess the public health need for and (c) GUIDELINES OF CENTERS FOR DISEASE inserting ‘‘the Director of the Agency for public health benefits of rapid HIV tests, in- CONTROL AND PREVENTION.—Promptly after Healthcare Research and Quality’’. cluding the minimization of false positive re- commercial distribution of a rapid HIV test (b) RELATED ACT.—The first paragraph (2) sults through the availability of multiple begins, the Secretary, acting through the Di- of section 3(c) of the Ryan White Care Act rapid HIV tests; rector of the Centers for Disease Control and Amendments of 1996 (Public Law 104–146; 110 (B) make recommendations regarding the Prevention, shall establish or update guide- Stat. 1354) is amended in subparagraph need for the expedited review of rapid HIV lines that include recommendations for (A)(iii) by striking ‘‘by inserting the fol- test applications submitted to the Center for States, hospitals, and other appropriate enti- lowing new paragraph:’’ and inserting ‘‘by ties regarding the ready availability of such Biologics Evaluation and Research and, if inserting before paragraph (2) (as so redesig- tests for administration to pregnant women nated) the following new paragraph’’. such recommendations are favorable, specify who are in labor or in the late stage of preg- criteria and procedures for such expedited nancy and whose HIV status is not known to TITLE VI—EFFECTIVE DATE review; and the attending obstetrician. SEC. 601. EFFECTIVE DATE. (C) specify whether the barriers to the pre- SEC. 503. TECHNICAL CORRECTIONS. market review of rapid HIV tests include the This Act and the amendments made by (a) PUBLIC HEALTH SERVICE ACT.—Title this Act take effect October 1, 2000, or upon unnecessary application of requirements— XXVI of the Public Health Service Act (42 the date of the enactment of this Act, which- (i) necessary to ensure the efficacy of de- U.S.C. 300ff–11 et seq.) is amended— ever occurs later. vices for donor screening to rapid HIV tests (1) in section 2605(d)— intended for use in other screening situa- (A) in paragraph (1), by striking ‘‘section tions; or 2608’’ and inserting ‘‘section 2677’’; and Amend the title so as to read: ‘‘A bill to (ii) for identifying antibodies to HIV (B) in paragraph (4), by inserting ‘‘section’’ amend the Public Health Service Act to re- subtypes of rare incidence in the United before 2601(a)’’; and vise and extend programs established under States to rapid HIV tests intended for use in (2) in section 2673(a), in the matter pre- the Ryan White Comprehensive AIDS Re- screening situations other than donor ceding paragraph (1), by striking ‘‘the Agen- sources Emergency Act of 1990, and for other screening. cy for Health Care Policy and Research’’ and purposes.’’.

VerDate jul 14 2003 11:35 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR00\H04OC0.002 H04OC0 20734 CONGRESSIONAL RECORD—SENATE October 4, 2000 SENATE—Wednesday, October 4, 2000

(Legislative day of Friday, September 22, 2000)

The Senate met at 9:30 a.m., on the noon. Following the disposition of the First, of course, as a Republican, I expiration of the recess, and was called Interior appropriations legislation, the was very proud of the job that Gov- to order by the President pro tempore Senate may begin consideration of any ernor Bush did. It is probably fair to [Mr. THURMOND]. other conference report available for say that he was matched against a very action or the continuing resolution experienced debater, Vice President PRAYER which continues Government funding GORE, but I think the Governor held The Chaplain, Dr. Lloyd John through October 14. I encourage those his own in many respects. From the Ogilvie, offered the following prayer: Senators with statements regarding broad issues of prescription drugs to Gracious Father, help us to live be- the Interior appropriations conference Medicare, education to energy, Gov- yond the meager resources of our report to come to the floor as soon as ernor Bush very clearly laid out what adequacies and learn that You are to- possible during today’s session. I thank the choice is for the American people tally reliable when we trust You com- my colleagues for their cooperation. in this election. pletely. You constantly lead us into I believe Senator SCHUMER has asked Governor Bush engaged the issues. challenges and opportunities that are to be recognized upon the conclusion of They were not dodged. The Governor beyond our strength and experience. my remarks. I also believe Senator was clear in laying out the goals and We know that in every circumstance, GORTON, who will be managing the In- objectives he would propose in his ad- You provide us with exactly what we terior appropriations bill, is expected ministration, if he were elected Presi- need. to come over and may ask to interrupt dent. Looking back over our lives, we the presentation at that time. I was particularly pleased with the Mr. REID. Mr. President, if the Sen- know that we could not have made it debate because it focused on energy, ator from Alaska will yield, it is my without Your intervention and inspira- which is one of the crucial issues facing understanding the Senator from Alas- the American people today and has tion. And when we settle back on a ka requires about 25 minutes to speak comfortable plateau of satisfaction, probably received the least publicity. as in morning business. Obviously, in the areas of education, suddenly You press us on to new levels Mr. MURKOWSKI. I am not sure of adventure and leadership. You are prescription drugs, health, and Social what my time is. I would like to be al- Security, we are all trying to build a the disturber of false peace, the devel- lotted enough time to complete my oper of dynamic character, and the better structure, a long lasting struc- presentation. I imagine it would be ture, and also address what to do with ever present deliverer when we attempt within that general timeframe. I will what we could not do on our own. the surplus. try to get to the point because I know But the issue on energy is quite May this be a day in which we at- there are other Members who want to clear. We have a crisis in this country. tempt something beyond our human be heard this morning. It has developed over a period of the adequacy and discover that You are Mr. REID. Mr. President, we are last 71⁄2 years. It has not been addressed able to provide the power to pull it off. going to the Interior appropriations by the current administration. I am Give us a fresh burst of excitement for bill. I ask unanimous consent that very pleased that we have, in the en- the duties of this day so that we will be whatever time is consumed by the Sen- ergy area, a distinct separation on the able to serve courageously. Indeed, we ator from Alaska, we be allowed the issues between the candidates, and the will attempt great things for You and same amount of time to speak as in American public can clearly under- expect great things from You. You are morning business on this side, with the stand and, as a consequence, view the our Lord and Saviour. Amen. Senator from New York requiring 15 merits of each proposal. f minutes, and I would reserve whatever The Vice President said, in regard to time is remaining to keep up with the PLEDGE OF ALLEGIANCE a question on energy policy, and I time the Senator from Alaska uses. quote: The Honorable WAYNE ALLARD, a The PRESIDING OFFICER. Is there I am for doing something on the supply Senator from the State of Colorado, led objection? side and the consumption side. the Pledge of Allegiance, as follows: Mr. MURKOWSKI. Mr. President, I have no doubt that that is the case, I pledge allegiance to the Flag of the what is the allotted time for morning but I point out in the past 8 years we United States of America, and to the Repub- business today? haven’t had any indication of specifi- The PRESIDING OFFICER. There is lic for which it stands, one nation under God, cally what the Vice President would do indivisible, with liberty and justice for all. no allotted time. Mr. MURKOWSKI. I gather that the on these issues. As a consequence, I f minority whip would like equal time. think he is headed in the wrong direc- RECOGNITION OF THE ACTING Mr. REID. Yes. tion, and the American public are be- MAJORITY LEADER Mr. MURKOWSKI. I have no objec- coming more and more aware. tion. What we have seen happen is the The PRESIDING OFFICER (Mr. AL- The PRESIDING OFFICER. Without emergence of an issue that in many re- LARD). The Senator from Alaska. objection, it is so ordered. spects our friends on the other side of the aisle hope will go away or not be- f f come a major issue prior to the elec- SCHEDULE THE PRESIDENTIAL DEBATE AND tion. With the increasing rise in crude Mr. MURKOWSKI. Mr. President, ENERGY POLICY oil—10 days ago it was up to an all- today the Senate will resume consider- Mr. MURKOWSKI. Mr. President, time high in 10 years of $37; it dropped ation of the conference report to ac- like millions of Americans last night, I down with the SPR release; now it is company H.R. 4578, the Interior appro- watched the Presidential debate with a coming up again—the American public priations bill. It is hoped that all de- great deal of interest. It was one of the is becoming aware of how crucial not bate and a vote on the conference re- more memorable debates in recent his- our dependence on imported oil nec- port can be completed by midafter- tory for a number of reasons. essarily is but the general concern that

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

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20735 we have sacrificed our traditional areas benevolent now because, obviously, Gore Department of Energy—this area of dependence on energy, whether it be they don’t set the price. It is a supply could be the largest field ever discov- coal, nuclear, or hydro, for a policy and demand issue. ered in North America—possibly 16 bil- that has been fostered by this adminis- When the Vice President said we lion barrels of recoverable oil. If that tration that directs everything towards needed to get serious about the energy high estimate of oil is found, it could utilization of natural gas. crisis, I think it is apparent that there produce over 20 percent of our current As a consequence, we have seen the has been a lack of attention during this domestic production levels for the next price of natural gas rise from $2.16 per in the administration, because Con- 20 years. If the high estimate is found, thousand cubic feet 10 months ago to gress has acted. Specifically, Congress it would be larger than Prudhoe Bay, better than $5.00 in the last quotes that passed legislation granting deep water which has been doing just that—pro- have come out within the last couple royalty relief. Congress passed legisla- ducing 20 to 25 percent of our oil for al- weeks. We have seen a tremendous in- tion to help our domestic oil and gas most the last 25 years. crease in the dependence on natural industry through tax incentives, which I am not surprised that Vice Presi- gas at the expense of all our other en- they vetoed. Congress passed legisla- dent GORE has a problem with the facts ergy sources. tion that would handle the country’s on this issue. One need only read his of- This has occurred over an 8-year pe- nuclear waste, which they vetoed. Con- ficial position on why he wants to riod of time. During that time, Clin- gress passed legislation to open up the ‘‘protect the Arctic Coastal Plain’’ to ton-Gore have to stand accountable for Coastal Plain of ANWR—that sliver in see that he is terribly misinformed. He what they have done. On the supply the Arctic—to responsible develop- says, ‘‘The wildlife refuge’s Coastal side, the Vice President has done some- ment, which they vetoed. That was 6 Plain—where drilling would occur—is thing. It is a situation that the sup- years ago. Had they passed that legis- home to polar bears, grizzlies and black plies have decreased 18 percent and on lation, we would know what is there. bear, Dall sheep, wolves and moose.’’ the consumption side, consumption has We could have another strategic petro- I know something about this area. I increased 14 percent. In spite of our ef- leum reserve, and we don’t know that. assure you there are no black bears and forts for conservation, in spite of our We would be a long way into the devel- no Dall sheep in the Coastal Plain. Dall efforts in alternative energy, we have a opment stages if indeed the oil were sheep are a mountainous species, and decreased supply and an increased con- there. I venture to say, Mr. President, perhaps some Members in this body sumption. if we made a commitment to proceed would have you believe otherwise, but I was astonished when the Vice Presi- with the Arctic oil reserve, you would there are no mountains in the Coastal dent said in his response to a question see a dramatic drop in the price of oil. Plains. It is very flat for miles and on energy policy, and again I quote: One of the other interesting things miles and miles. We need to get serious about this energy the Vice President brought up was the What did Governor Bush say? Well, crisis in the Congress and in the White implication that we hadn’t done any- Governor Bush said it is better to House. thing, or not enough, with renewables. produce energy here at home, where we Where has he been for the last 71⁄2 In the last 5 years under the Repub- can do it in an environmentally sound years? While I don’t agree with him in lican Congress, expenditures for renew- manner than to continue relying on terms of Congress not being serious, I ables have been $1.5 billion in new imported sources of energy. I particu- was glad to see they finally admitted it spending and $4.5 billion in various tax larly agree that it is better that we ex- was not an issue taken seriously in the incentives. So Congress anteed up plore at home, using our technology White House for the past 71⁄2 years. about $4.6 billion total for that pur- and environmental sensitivity, and do That was certainly the implication. pose. The difficulty is that we simply it right, rather than going over to the We have had statements from our don’t have the technology to replace rain forests in Colombia, where there Secretary of Energy relative to the our oil dependence with coal, natural are no environmental constraints and fact that the administration was gas, and hydrogen. they would ship it into this country on caught napping with regard to energy Let’s not be fooled. It is not just foreign tankers, which have the expo- prices, as we have seen the price of oil around the corner. The Vice President sure to an accident off our shores by go from $10 a barrel a year ago to $37 said last night he is a big clean coal companies that don’t have the deep within the last few weeks. fan. Well, what does that really mean? pockets associated with the tragic ac- Now, I think, while it didn’t come up You would assume he would support cident that occurred in my State. Nev- in the debate last night specifically, the development of coal-fired gener- ertheless, it seems as if this adminis- there was a generalization to blame big ating plants in this country. There tration would continue to rely on the oil. Well, who is big oil, Mr. President? hasn’t been a new one built in years. likes of Saddam Hussein for our energy Who sets the price of oil? We had a The administration’s budget over the security. That is about where we are. hearing before the Energy and Natural last 5 years has proposed to rescind or I am going to conclude my presen- Resource Committee, which I chair. It defer more than $1.4 billion in clean tation this morning on one segment of was rather interesting because the Sec- coal technology. Those are the facts. our energy policy that needs clarifica- retary of Energy did acknowledge that How can you be all things to all peo- tion. It is an issue that the environ- it is OPEC, the supplier, setting the ple? Well, Vice President GORE implies mental community has perpetrated on price of oil. We are 58-percent depend- he is pretty good at that. Let’s talk a our American citizens; that is, that ent on OPEC. Who is OPEC? The Mid- little bit about the facts because part there is something extraordinarily east countries that have the excess ca- of the issue that came up on energy unique, and there is something that, by pacity, such as Saudi Arabia, Kuwait, was the disposition of the Coastal its implication, suggests that we can- and moving down to Central America is Plain in Alaska, the State I represent. not explore and, if we find hydro- Venezuela, and then we also have Mex- I know something about it. I have been carbons, develop them safely. That is ico. They have the supply; we have the to the coastal plain many, many times. the argument over ANWR—or, as we appetite. They set the price. So to I think once again we saw the Vice refer to it, the Coastal Plain—a small blame big oil for profiteering, or to President in trouble with the facts. portion of the area which is proposed make the implication of profiteering, This is what he said regarding the Arc- to be opened for exploration and can is totally unrealistic and a bit irre- tic Coastal Plain, and I quote: only be done by the Congress of the sponsible, in my opinion. There is no I think that is the wrong choice. It would United States. mention, of course, in general terms of only give us a few months’ worth of oil, and Before I go into it, I think the public the assumption that perhaps our oil in- oil would not start flowing for years into the should be aware of another fact that dustry was simply benevolent when future. has come up. You will recall the other they were selling at $10 a barrel a little Well, the facts are, according to the day the Vice President recommended more than a year ago. They are not so Department of Energy—the Clinton- to the President that we release crude

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20736 CONGRESSIONAL RECORD—SENATE October 4, 2000 oil from the Strategic Petroleum Re- they left this area called the Coastal the national petroleum reserve is serve, about 30 million barrels. That 30 Plain, or the 1002 area, out of any per- closed clear over to Point Hope. To million barrels was estimated to be a manent land designation until Con- suggest that 95 percent of the area is supply of heating oil, after it was re- gress made its determination as to its already open is totally inaccurate. fined, that would equal about a 3-day status. I will certainly look forward to a supply. I think it was about 3 or 4 mil- During this time, there were certain spirited debate on this subject if some- lion barrels of heating oil we would get activities with regard to oil and gas ex- body wants to take me up on it, includ- out of that release. ploration, and it was suggested that ing members of the environmental I think it is also interesting to recog- there might be a significant reserve in groups. nize that in the wintertime we con- this general area. We also have 8 million acres of sume about 4 million barrels of dis- As you know, Prudhoe Bay is here— ANWR, as I have indicated, in a perma- tillate—including heating oil a day. not too far away. That is where we nent wilderness. Another 9.5 million What I can’t understand is the reality have been producing about 25 percent acres is classified as refuge; that is, 95 that we are exporting heating oil— of the total crude oil produced in this percent of the entire range is closed to heating oil that ordinarily you would country. We built an 800-mile pipeline exploration and oil development. It is assume would be going into inventories down to Valdez where the oil flows and closed. to meet the anticipated winter demand moves down to the west coast of the Using modern technology—there is for heating oil in the Northeast Cor- United States. This infrastructure is the point I want to highlight—the indi- ridor. More than 117,000 barrels per day already there. There was a construc- cations are that we would need only of distillate, as I understand it, are tion project of about $7.5 billion to $8 2,000 acres out of the 19 million acres to being shipped over to Europe and other billion, the largest construction develop the proposed oil fields that are places. project ever built in North America. It believed to exist in the ANWR Coastal If the President has the power— was designed to handle a little better Plain. That is a pretty small footprint which he certainly and evidently has than 2 million barrels of crude oil a when you consider this ANWR area is taken—to remove oil from the SPR, day. Currently it is handling a little about the size of the State of South why would he not prohibit the export over 1 million barrels a day. So there is Carolina. We are talking about a 2,000- of any heating oil refined from that an unused capacity in existence there acre footprint, if given the oppor- oil? It is diesel that is going overseas for over 1 million barrels a day. It tunity. That is about one-tenth of 1 currently. It doesn’t make sense. I will would require no further adjustment of percent of the 1.5 million acres, the have more information specifically, any kind. 1002 area, and only 1 and one-hundredth but they seem to have overlooked this The idea here is, should we allow ex- percent of the entire 19-million acre in their euphoria to get the word out ploration in this area and put it up for ANWR area. that indeed they are doing something Federal leases? If we do, can we do it These are the misconceptions that positive about the shortage in the safely? have been forced on the American peo- Northeast Corridor for heating oil, and Of course, the proposal in Governor ple relative to the significance of what the fact we are allowing a refined prod- Bush’s energy presentation is to take development could take place, how uct to go to Europe is unconscionable the revenue of some $3 billion antici- small the footprint is, and how large and certainly goes against the argu- pated from Federal leases as well as overall the area is, and little attention ment that we needed to release oil the federal royalty share and put that has been given to the infrastructure from SPR. back into conservation issues, renew- that is already there. Let me get into my presentation this able energy technologies, home heat- I also remind people that this is not morning because I want to try to com- ing, and weatherization programs; in an untouched area. There is a distant municate what this issue is about— other words, take the revenue and try early warning radar site there. There is ANWR, what are the facts and what is to do something positive for people to a Native village of Kaktovik right in the fix. Hopefully, we can address that lower costs associated with high en- the middle of it where nearly 300 Es- this morning since this issue has been ergy costs. kimo people make their living and pur- brought up in the Presidential debates That is a significant step that sug- sue a subsistence lifestyle. It is inter- and clearly is attracting the attention gests we can use the revenue which the esting to note that about 70 percent of of the American people, many of whom private sector will pay and do some- the people in the village support open- simply don’t have an appreciation be- thing very positive with it, and ad- ing the area because they want to have cause they have never been there. dress, if you will, environmental issues an opportunity for an alternative My State of Alaska is a pretty big that need regeneration in other parts standard of living and lifestyle: Should piece of real estate. It is one-fifth the of the country with this revenue. The they choose to foster just subsistence, size of the lower United States. If you whole question, of course, is the status or should they pursue opportunities for overlay Alaska over the entire lower of this area and whether Congress is jobs. United States, it will range from Can- going to see fit to open it up. Another fiction is that opening up ada to Mexico and Florida to California I am going to go through the argu- the Coastal Plain would destroy the bi- over to the Aleutian Islands 1,000 miles ments because I think they really man- ological part of the wildlife refuge. out to the west. date an understanding so that there That really sounds good. But let’s look This little portion up here of our can be an appreciation of the merits of at it for a minute. State is called the Arctic National this. The first argument that is used in The Coastal Plain can be opened to Wildlife Refuge—perhaps inaccurately the fictional sense is the assumption development without harm to the wild- named because not all of it is a refuge that 95 percent of this area is already life and the environment. Even the Es- nor all of it a wildlife area. There is an open to oil development. kimo inhabitants of Kaktovik who de- area that was carved out by Congress Here is the area we are talking pend on subsistence hunting and fish- in 1980. In their wisdom, Congress took about. Only a part of the 1,500 mile ing to eke out their living in the far this area, which is 19 million acres— Arctic Coastline is left open for pos- north are convinced that oil develop- the size of the State of South Caro- sible development. Only 14 percent of ment can be done safely, because of the lina—and said let’s make a wilderness the whole 1,500-mile Coastal Plain in safeguards, without harm to their land out of part of it and a wildlife refuge Alaska is open to oil exploration and the wildlife on which they depend out of the other part. They took 8.5 today—not 95 percent but 14 percent. for their heritage. million acres and made a wilderness in Here is the area. This is closed. This Under legislation I have proposed, No perpetuity; it is not going to be area is open. Some of this happens to drilling or development activities changed. They made another 9 million be State lands. And, except for a small would be allowed during the caribou acres into what we call a refuge. But part of the coastline, the coastline of calving season. Limits would be placed

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20737 on exploration, development, and re- much of an effect, and the highway and exploration will harm the porcupine lated activities to avoid impacts on the caribou traversing it did not have caribou which, I might add, is 129,000 fish and wildlife. Initial exploration ef- an effect on the herds. In the proposals now. As a matter of fact, we have forts would be limited to a time be- we have for development in Alaska, the about three times as many caribou in tween November and May—the Arctic technology today is very different. our State as we have people—not that winter—to guarantee that there would This photograph gives an idea of the that is anything significant, but it is a be no impact from exploration, pipe- development of an oil well in Alaska fact. We have had 26 years in Prudhoe lines, or roads on the caribou. today. There are no roads, no gravel. Bay of protecting these animals. The Let’s look at some descriptive charts This is an ice road. That is the tech- central herd has grown from 3,000 ani- that give you an idea about the success nology used. They build up the ice and mals in 1978 to 19,700 today. That is a of developing this area from what we use it as a road. This is a well. You can fact. have learned in Prudhoe Bay. see the Arctic Ocean. It is a pretty These arguments suggesting some- Here is the Prudhoe Bay area. These tough area. It has its own uniqueness, how we will decimate the wildlife sim- are not mannequins, these are real car- its own beauty, but is a very hostile ply is not based on any accurate infor- ibou. They are wandering around, and environment. mation. It is an emotional argument. nobody is disturbing them. You cannot When exploration activity is com- This is one of the travesties that has take a gun. There is no shooting al- pleted, this is the picture we have dur- been taking place—exploiting the lowed. There is no taking of game in ing the short summer. It is the same American public to suggest we cannot the entire oil fields. These animals are area. There is no despoiling of the tun- open this area safely. Why has the en- very adjustable as long as they are not dra. This represents the technology vironmental community pursued this? harassed. Clearly they are not har- that is available today. It generates membership. It generates assed. The Coastal Plain has been declared dollars, gives them a cause, and it is so There is a picture of the caribou herd America’s last wilderness. It is not wil- far away people cannot see for them- that happens to be going through derness. However, an awful lot of our selves. I can’t say how many ‘‘experts’’ Prudhoe Bay area. State is wilderness. We have 56 million in this body have opinions but have The same thing is true with regard to acres of wilderness. The point is we never been there. Their material is other wildlife. This is the pipeline protect the wilderness. We can protect written by the Wilderness Society. It is going to Prudhoe Bay. You can see the these areas. written by the Sierra Club. Arctic tundra over here. It is a pretty In our State less than 1 percent of Caribou will flourish in ANWR as time. It is a wintertime picture. the entire State, 365 million acres, is in they have throughout Alaska. In these There are three bears here. It is kind private ownership and available for de- areas, no hunting will be allowed by of comical because the bears are walk- velopment. We have 192 million acres anyone other than a Native. ing on the pipeline. Why? Because it is of parks, preserves, conservation sys- We have heard a good deal from the easier to walk on the pipeline than to tem units. As I have said, there are 56 Gwich’in group, the group of Natives walk in the snow. They are as smart as million acres of wilderness, 61 percent on the Canadian and the Alaskan side. the average bears around here. In any of all American wilderness. How much The suggestion is this will destroy case, it is a little warmer too. To sug- is enough? I am not here to debate. their culture. Nothing will prevent the gest that somehow these animals are Wilderness in Alaska already covers an caribou herd from passing close to the going to be fenced out because of some area equal to Pennsylvania, New Jer- Gwich’in villages. That is where they activity just isn’t supported by any sey, West Virginia, and Maryland. yearly hunt, when they come through. burden of proof. Further in the Coastal Plain lies this They will continue to have the avail- We are trying to give some factual, village of Eskimo people. This picture ability of the caribou for their subsist- real-life issues associated with develop- demonstrates what it is like to take a ence. Strict controls are planned to ment in the Arctic and what steps we walk on the North Slope in the winter- prevent disruption of the caribou herds take to protect the environment and time. There are a couple of kids in the during the summer calving. The car- ensure we are not going to have dif- village walking down the street. It is ibou calve in the northern area, but ficulties associated with the wildlife. blowing snow. Aren’t these kids enti- they calve, depending on weather I also want to show you a little effort tled to a different lifestyle, should they schedules, snowfall, bugs, and preda- by our Canadian friends on this side wish? The answer clearly is yes. When tors—sometimes they calve on the Ca- when they begin to initiate an aggres- they say there has been nothing in this nadian side; sometimes they calve on sive oil and gas exploration program in area, they are misleading. It is inac- the Alaskan side. The point is, the the Arctic. curate. This is the wilderness, this is Gwich’in group that is dependent will This is the boundary between Canada the refuge, this is what Congress is de- be protected as a consequence of ensur- and Alaska. This is the Northwest Ter- bating, and this is where the oil is like- ing that there is no activity on the ritory. We see various villages. The ly to occur in the footprint of 2,000 Arctic Slope during the time of the mi- dots represent oil wells that have been acres. gration. That can be simply asserted drilled for exploration purposes. Here is Some suggest it is only a 90-day, or a by regulations, and we have agreed to the village of Old Crow, just on the Ca- 200-day supply of oil. Prudhoe Bay was do that. nadian side of the Alaska-Canadian estimated to produce 9 billion barrels. It is interesting to note that the border. It has produced over 12 billion barrels Gwich’in group, 15 years ago, issued a My point is to show the extent of today. It is still producing over a mil- request for a proposal to lease their drilling on the Canadian side in the lion barrels a day. When we look at po- own land, about 1.7 million acres for oil search of oil and gas. Unfortunately, tential production, we are looking at development. Maybe the oil companies they didn’t find any oil and gas. This is the potential of 16 billion barrels. When should have bought. Unfortunately, also the route of the porcupine caribou we talk about a 200-day supply, we as- there wasn’t any oil. As a consequence, herd. They move through the range and sume there will not be any oil produced the leases were not taken up. Now the traverse the area. Incidentally, they from any other source. It is a fictional Gwich’ins are entitled to change their cross a highway, the Dempster High- argument. mind, and that is what they have done. way. The Canadian Government, when I have talked about the caribou, but The truth is, they are funded by the they found there was no oil, decided to I want to show again the significance Wilderness Society. They are funded by make it a park. As a consequence, it is of this with regard to Prudhoe Bay. the Sierra Club. We have tried time a park today; that is fine. But to sug- This picture is a different herd than ex- and time again to encourage some of gest that somehow this activity would ists in the ANWR area. This is the cen- the Gwich’ins to go from their tradi- have some effect on the migration pat- tral arctic herd. There is no indication tional area and go to Point Barrow and tern certainly proves it didn’t have that an environmentally responsible see what the Eskimos think of resource

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20738 CONGRESSIONAL RECORD—SENATE October 4, 2000 development associated with oil and phy. You can go to Russia. You can’t last night—producing more oil here at gas. do it in the United States. The only home and not being dependent on im- I recall one of my friends took a people who can take polar bear are the ports. Certainly, most Alaskans sup- group up. He is an Eskimo from Bar- Native people for subsistence. The en- port ANWR. The entire congressional row. He said he used to go to school to vironmentalists don’t tell you that. delegation, the Democratic Governor, keep warm. But before he did, he had However, they do tell you Prudhoe 78 percent of the residents of Kaktovik, to go to the beach to pick up driftwood Bay has been littered with chemical this little village, support it. that flowed down the river—no trees, and oil spills, the Arctic having been Some say what are we doing export- but driftwood, to keep warm. He says: despoiled by three or four—whatever ing from Alaska? We don’t export oil We have an alternative lifestyle now. figure they want to use. But the figure from Alaska. There was some exported We have a choice. We can take a job. that is accurate is 17,000 spills since when we had surplus oil on the west We have educational opportunities. 1970. That is the accurate figure. How coast of the United States. That has They are able to provide a full 4-year can you have those spills with such a not occurred for several months. college scholarship to any member of pristine environment? The fact is, as a Finally, they suggest we are a their community who wants to go. consequence of the environmental wealthy State, we don’t need ANWR. They can do that because they have oversight and requirements, every spill That is a ridiculous argument. We revenues associated with their Bar- of any material—even if it is fresh have, in Alaska, the highest cost of liv- row’s taxing base on the oil pipeline. water—has to be reported; any spill ing in the nation. We have billions of So it has brought about an alternative that is how you get 17,000 spills. dollars of unmet infrastructure needs in lifestyle and a choice that people For example, in 1993 there were 160 like sanitation for our village’s health previously did not have. spills involving 60,000 gallons. Before needs. We have no roads across most of These people are entitled to the same you jump to conclusions, only 2 spills Alaska. We have, probably, the most things to which you and I are entitled, involved oil. Roughly 9.5 gallons of oil fragile economy of any State in the if they so choose. So when you look at were spilled from a leaky valve. Any Union. We have always depended on re- these kids, look at whether or not they oil and chemical spills have almost al- source industries, but our timber in- want to continue to rely on the subsist- ways been confined to frozen gravel dustry has been shut down by this ad- ence economy, following game, or pads where they are easily cleaned up. ministration. We have lost our jobs in whether they want an opportunity to Moving more than 1 million barrels of Ketchikan and Sitka, our only two have a college education and come oil a day, everyday, from the ground, year-round manufacturing plants. Our back, maybe, as a doctor or nurse or through the pipe and onto ships—9.5 oil and gas jobs are down. whatever. They are given this oppor- gallons of oil spilled. I think that is a The worst thing is we have had 32,000 tunity through activities associated remarkable record. Prudhoe Bay is the young Alaskans leave Alaska since 1992 with creating the tax base of their finest oil field in the world bar none. as a consequence of not having oppor- communities. Should they not be heard We send kids up from Anchorage and tunities for these people within our as well? Fairbanks to pick up the few papers State because we are dependent on de- I was amused at the inconsistencies that happen to blow around. It is a veloping resources and the Federal associated with the environmental summer job. Government controls the landmass in community. The Audubon Society cur- Another fiction: Producing more oil our State. rently holds leases in the Paul J. would simply cause Americans to buy I hope as we continually debate the Rainey Wildlife Preserve in Louisiana. more gas-guzzling cars and defeat con- issues before us as we enter this Presi- They hold oil leases. They generate servation efforts. America does need to dential campaign, and the issue of en- revenue. There is nothing wrong with be more energy efficient. It does need ergy comes to the forefront, as it that, but it is an inconsistency they do to develop more alternative fuels. Even should, as a distinct issue between the not care to acknowledge or admit. If it with increased energy efficiency and two candidates, we will have a better is OK for the Audubon Society to have conservation, our energy demands are understanding of the merits of opening revenues from oil in a preserve, the forecast to increase 30 percent by the up this area of the Arctic for the relief Paul J. Rainey Wildlife Preserve in year 2010. By then, America will be pro- that is needed in this country today. I Louisiana, why shouldn’t the Natives ducing just 5.2 million barrels of oil per predict if this administration would of my State have the same opportunity day. We will be forced to import 65 per- commit to opening up this area for oil for their own land? It seems to me cent of our oil needs. This certainly and gas leasing, you would see a drop there is certainly justification. poses a threat to our national security. in the price of oil overnight. As a con- There is another myth: Canada has We would need 30 giant foreign-flagged sequence, the belief that America protected their wildlife; we should do supertankers a day, more than 10,000 a meant business when it said we were the same. We went through that. The year, coming into our ports to import going to relieve our dependence on im- Canadians finally created a national the oil we need. That creates much ported oil would mean we would not be park, but they did so only after exten- more environmental risk than devel- subject to the whims of the individual sive exploration failed. The Canadians oping our own resources where we have who controls, if you will, the difference drilled 89 exploration wells on their the tough environmental requirements. between the world’s capacity to side with no success. They also ex- The vast majority of Americans op- produce and the world’s current de- tended the Dempster Highway, cutting pose disturbing the Alaska Arctic Na- mand—which is about 1.5 million bar- across the center of the Porcupine car- tional Refuge—that is what the envi- rels with supply being a little over the ibou herds’ route. ronmentalists would have you believe. demand. That one person is Saddam Another fiction we hear all the time: Americans strongly support respon- Hussein, in Iraq, who is currently pro- Oil exploration would destroy polar sible development when they know the ducing almost 3 million barrels a day. bear habitat. Doesn’t that sound ter- facts about it. That is what I have at- The fear is he will cut production. If he rific? The reality is polar bears den on tempted to do today. cuts production, we will see oil prices the Arctic ice pack, not on land. The I encourage my colleagues to give me go from $37 to probably $60 a barrel. administration has positively identi- an opportunity to debate them if they That, coupled with the instability asso- fied only 15 polar bear dens on the en- want to challenge these facts. A poll ciated with the current spokesperson tire Coastal Plain for an 11-year period; taken by the Gordon S. Black Corp. from OPEC, from Venezuela, who has that is one or two dens a year. We have said 56 percent of Americans support made certain suggestions that clearly a healthy population of polar bears, es- ANWR leasing; 37 percent oppose; 74 the object of OPEC in Venezuela is to timated at about 2,000. The reason is percent of Americans support efforts to protect the interests of the small coun- we do not shoot them. You can go to produce domestic oil and natural gas. tries of the world at the expense of the Canada and take a polar bear for a tro- That is what Governor Bush proposed large consumers of hydrocarbons,

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20739 means we have a very unstable situa- Alaska. He has devoted a great amount more electricity. I hope we will focus tion. of his time to this one issue; that is, on what we can do to make sure we are I hope the American people have a drilling in ANWR. I have been present energy efficient and that we are not so better understanding of what has hap- on the floor on many occasions when dependent on importing foreign oil. pened in the last 8 years as this current he has given basically the same presen- One of the things I regret we did not administration has abandoned the tra- tation he did today. I do not mean to do, because the majority would not let ditional dependence on many sources of take away from the intensity of his be- us do it, is to put more oil in our re- energy—oil, natural gas, hydrocarbons lief, his passion, that there should be serves. We have a program to begin associated with our coal industry, our drilling in this pristine area. The fact pumping some of our reserves. That is nuclear industry and our hydroelectric of the matter is that the majority is a wise decision. Look at the results. industry—and clearly focused the fu- wrong on this issue. There was a dramatic decline in the ture on our energy supply of natural The minority believes we do not have cost of oil, and OPEC suddenly decided gas. to pump every drop of oil that is on it was the right thing to do to start As a consequence, we have seen what U.S. soil, that there are other things producing more oil because they knew has happened with natural gas. De- we should do. One of the things we need we would start pulling down our re- mand has gone up, and we are in a situ- to do is develop alternative energy serves and the cost of oil would go ation now where other countries are sources; that is, solar energy. We are down anyway. dictating conditions under which we not as a government doing nearly The Senator from Alaska criticized have to pay the price they charge or go enough to develop this great resource. the Vice President for his interest in without. It is strictly supply and de- We have heard a lot of discussion on improving energy efficiency and ex- mand. It has been coming for a long this floor about the Nevada Test Site panding renewable energy production. time, and the Clinton-Gore administra- where some thousand nuclear devices His criticism is not well taken. In my tion bears the responsibility for not were exploded over the years. Solar en- view, the Vice President has a bal- having a responsible energy policy. ergy facilities could be developed at anced, healthy approach to reducing That is why I am so pleased to see Gov- the Nevada Test Site which could American dependence on foreign oil ernor Bush come forward and acknowl- and big oil generally. He recognizes we edge what has to be done, and among produce enough electricity to supply all the needs of the United States. The can produce oil and gas more effi- those issues is more domestic produc- ciently at home, we can expand our do- tion. desert Sun would supply enough energy for the whole United States. That is mestic production of renewable energy, The fact he has stated the belief that and our economy can become more effi- we can open up this area safely I think what we should develop—alternate en- ergy sources. cient. deserves full examination and expla- Vice President GORE has also real- I am very proud of the fact that this nation to the American public. That is ized, as he stated on a number of occa- administration has decided they are what I have attempted to do today. sions and as I have already said, that going to go all out, and they have al- I thank my colleague for the oppor- we do not need to develop every drop of ready begun to develop geothermal en- tunity to speak in morning business. I oil in the Earth. Unlike Governor see the floor leader, Senator GORTON, is ergy. All over the western part of the Bush, Vice President GORE believes United States, there is geothermal en- on the floor. I believe the pending busi- that in some cases special places, na- ergy potential. If one drives from the ness is the Interior appropriations bill. tional treasures, should be off limits to Mr. President, I yield the floor. capital of Nevada, Carson City, to The PRESIDING OFFICER (Mr. L. big oil. Reno, one sees steam coming out of the We know there is a massive lobbying CHAFEE). The Senator from Nevada. ground. That steam represents great Mr. REID. Will the Chair inform the effort by big oil companies to drill in potential for geothermal energy. ANWR. It is the wrong thing to do. Senator from Nevada as to how much There are powerplants in Nevada and time the Senator from Alaska con- Clearly, the Arctic National Wildlife other places in the western part of the Refuge is one of those special places sumed? United States that produce electricity The PRESIDING OFFICER. Forty- about which the Vice President talked. from the heat of the Earth. Geothermal It is the last pristine Arctic ecosystem seven minutes. energy is available in various parts of Mr. REID. Mr. President, that indi- in the United States. It should be out the United States. There is tremendous of bounds for oil exploration. I do not cates that after the Senator from New potential there. York speaks, there will be 25 minutes care if the caribou can walk on pipe- If one drives in southern California, lines because it is warm or they cannot remaining on this side. Even though it one sees areas where there are miles was not part of the order, I ask unani- walk on pipelines because they are and miles of windmills. These wind- cold. The fact of the matter is, we do mous consent that the time of the mi- mills produce electricity, and we are nority be used all at the same time, not need to drill in ANWR. It should be getting better every day in developing that there not be any interruption. I out of bounds. Vice President GORE rec- more efficient windmills. That is where believe that was the intent of the ognizes we can protect America’s na- we should be directing our attention, unanimous consent agreement entered tional treasures and satisfy our energy not to producing oil in a pristine wil- earlier today—that we would have needs. derness in Alaska. equal time in morning business. I am disappointed that Governor The fact of the matter is, we could The PRESIDING OFFICER. The Sen- Bush lacks, I am sorry to say, a notion ator is correct, although the minority produce millions of barrels of oil there about, or maybe even an understanding will control 32 minutes following Sen- for a very short period of time. The ef- of, what energy policy is all about. His fect on our energy policy would be ator SCHUMER’s statement. affiliation for so long with big oil Mr. REID. Mr. President, I ask unan- minimal. It would produce jobs for the seems to have tempered his views to- imous consent that I be allowed to people of Alaska—and I understand ward big oil. Of course, his Vice Presi- speak prior to Senator SCHUMER and why the Senators from Alaska are dential candidate has the same global use whatever time I may consume, pushing jobs—but it would be to the view that big oil solves all problems. which will be about 10 minutes. detriment of our environment. The only way for America to reduce its The PRESIDING OFFICER. Without It was very clear in the debate last debilitating addiction to foreign oil is objection, it is so ordered. night that the Vice President said we to develop alternative energy sources should not be drilling in ANWR, there f and to do a better job with our con- are other things we can do, and he sumption. We do not solve our prob- ISSUES IN THE PRESIDENTIAL mentioned, as I have, alternate energy lems by drilling in our precious na- DEBATE policies. He also stated that we can do tional wildlife refuge. Mr. REID. Mr. President, I have the a lot of things in our country to con- Mr. President, not only do I believe greatest respect for my friend from serve and reduce the need to produce that the Vice President was right last

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20740 CONGRESSIONAL RECORD—SENATE October 4, 2000 night about our energy policy, but I seen, their sighs and red faces com- est people; that there is no room for also believe he was right about edu- bined. I think we should recognize Medicare expansion, in fact Medicare cation. that. If you look just across the ocean, must be cut, if we use Governor Bush’s I think, when we recognize that over you see what is going on in Serbia and plan; that, in fact, you do go back to 90 percent of our kids go to public Yugoslavia. That is what we do not the old days of not only eating up the schools, we have to do things to pro- want. We should be very proud of what surplus but of deficit spending—if we tect and improve our public schools. I we have here in America. do all of the things that Governor Bush think the Vice President recognizes the The PRESIDING OFFICER. The Sen- has proposed. need for school construction. ator from New York. So let’s look at the math. In Las Vegas, we have to build a new Mr. SCHUMER. Mr. President, I Let’s start out with the basic founda- school every month to keep up with thank my colleagues for giving me the tion of our budget, the surplus projec- growth. We need help. I did not time, and my good friend from Nevada, tions. We all know they may not be ac- misspeak. We need to build a new the assistant minority leader, for ar- curate, but they may not be accurate school every month to keep up with ranging our ability to speak. on the low side or they may not be ac- the growth in Las Vegas. We have the First, I say, as well, that I enjoyed curate on the high side. These are the sixth largest school district in Amer- the debate last night. I thought most best numbers we have from the Con- ica. We need help, as other school dis- Americans got to see, for 90 minutes, gressional Budget Office, which is gen- tricts around the country need help. the candidates unfiltered. It was good erally regarded as fairly nonpartisan. We need them for different reasons. for the country, whatever side one They estimate that the surplus, over The average school in America is over came down on. It is just one more step the next 10 years, will be huge, $4.6 tril- 40 years old. The Vice President recog- in the process of all of us educating lion. I think that is because we finally nizes that school districts need help in ourselves about the very difficult prob- have gotten it here in Washington that school construction. We need help in lems this country faces as we move we can’t go spending money we do not getting more teachers and better along. have. That is good. There is a con- teachers. I would like to talk about one aspect sensus—I think both Democrats and That is why the Vice President spoke of the debate which is very relevant to Republicans agree—about that. There is a second agreement. We all so eloquently on the need to do some- what we are doing here as we end our agree right now that the money ought thing about prescription drug benefits. final 2 weeks on the budget. What we to go to Social Security first, that we That is why he spoke about the need to heard from the Vice President and ought to take the Social Security sur- do something about prescription drugs. from Governor Bush last night about plus, the amount of money that is in It was very clear to all of us that his the budget, about Medicare, and about FICA, that you pay in in FICA, that statements regarding international taxes is exactly what the Senate is fo- every American worker pays in—their policy were certainly well made. The cused on as we move to wrap up the hard-earned dollars; and they pay what Vice President did a good job because session. So I thought it would be a I guess many would think is a high per- he has a wealth of experience. good idea for us to actually look at the centage—my daughter had her first job But I also want to say this to the numbers instead of the rhetoric. over the summer. She is 15. She was American people. I am not here today Last night it seemed to me Vice amazed how much came out in FICA to diminish Governor Bush. We should President GORE talked about a lot of from her little meager paycheck. But be very proud in America that we had numbers. Governor Bush did not an- we say all that FICA money should the ability last night to watch these swer any of his statements. He did not stay with Social Security; that no one two fine men debate. They are debating answer Jim Lehrer’s questions. In- in Washington should get their sticky to become the President of the United stead, he resorted to this sort of catch- little fingers on it and use it for some- States, the most powerful, the most all of ‘‘fuzzy numbers,’’ ‘‘fuzzy math,’’ thing else. You take away the Social important job in the whole world. ‘‘fuzzy Washington numbers.’’ I guess Security surplus and that gives us a I have to say I think the glass is half when you do not have the ability to an- total, over the next 10 years, of $2.2 full, not half empty. I think these two swer or you are stuck, you go to rhet- trillion to spend. men did a good job. Most of us who oric. Last night, the Vice President said serve in the Senate—or everyone who I would like to examine those so- Governor Bush’s plan would not only serves in the Senate—have been in- called ‘‘fuzzy numbers.’’ I do not think use all that but return us to deficit volved in these debates. It is hard. It anyone who has examined them looks spending when you added everything might look easy watching these men at at them as ‘‘fuzzy.’’ But it is just that up. He focused on the tax cut as much home on TV, but it is hard. There is Governor Bush’s plans for America are too large, if you wanted to do the other tremendous pressure on each one of so skewed, and the numbers do not add things. them. Millions of people are watching up, that he cannot answer the ques- The Governor did not respond in each one of them. tions directly and instead starts talk- point. He said: These fuzzy Washington What is the criticism today? The ing about ‘‘fuzzy numbers.’’ numbers. This chart shows the num- Vice President sighed; and George I will admit, to the average American bers are not fuzzy. They are as clear as Bush, when he was not speaking, his this is all sort of confusing. People are the nose on the Governor’s face. face was red and he snorted a couple so busy with their jobs and their fami- You start with the $2.2 trillion, non- times. If that is the worst we say about lies and their hobbies and their avoca- Social Security surplus. Both parties these two fine men, then we are in tions, they can’t take out a magnifying agree we have to preserve the Medicare pretty good shape as a country. AL glass and look at all the details. They trust fund, although last night the GORE is a friend of mine, Tipper Gore is have to go, as we always have in this Governor did refuse to come out for his a friend of mine. I think his debate was Republic, with their instincts. Who is lockbox. But as you preserve the trust a slam dunk, as indicated in all the really right? fund, if you do not cut into Medicare, polls today. AL GORE won the debate. But today I thought I might spend a which he says he will not do, you lose And I am very happy that he did. few minutes of our time on the floor, another $360 billion. Then you go $1.8 But do not diminish these two men which I am grateful for, to actually go trillion. by saying one sighed too much or one over those numbers in as clear a way as Then there is the $1.3 trillion tax cut. had a red face. They were in a very dif- I can. We will discuss later to whom it goes. ficult situation last night. I am proud It is clear, once you look at the num- That was the No. 1 contention in the of the work that both of them did. I bers, that what the Vice President was debate. But Governor Bush, by his own think we, as a country, should feel saying is true: That if we use Governor words, takes $1.3 trillion. He says it is good about our country, that people Bush’s plan, a largely disproportionate a small portion of the total Govern- who are running for President can be share of the tax cuts go to the wealthi- ment budget. It is. But it is a very

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20741 large portion of the surplus that we Bush would not answer the question. year after paying our mortgage and have. Of the $2.2 trillion that is left Do you know why? Why didn’t Gov- buying the food and payments on the after you save Social Security and pre- ernor Bush answer the question as to car? How are we going to do that? serve Social Security, he would take where the tax cuts go? Because he Well, you don’t need an accountant $1.3 trillion of that—more than half of knew the Vice President was right. He with what Vice President GORE talked it—and put it into tax cuts. That knew it went disproportionately to the about. You simply need to put on your brings us down to $500 billion left over wealthiest people in America. tax return that your child is going to the 10 years. Here are the numbers, plain and sim- college, that you are paying $10,000 a Then there are the other tax breaks ple. This is data from Citizens for Tax year, and you deduct that from your that the Governor has supported which Justice, not a Democratic or Repub- taxes. It is as simple as deducting your have been talked about on this floor. lican group. mortgage interest. It is as simple as de- He supports cutting the marriage pen- The top 1 percent of America, those ducting your health care costs. You alty. He mentioned that last night. He are people—I wish the Vice President don’t need an accountant. supports the estate tax reduction. He had said this—the top 1 percent is not We all believe in tax cuts; I do. Is it has mentioned that at other times. you or even me, and I make a good sal- better for all of America to give that You take that, that is another $940 bil- ary as a Senator. You have to make wealthiest family $46,000 a year, when lion. So now we are already in deficit $319,000 to be in the top 1 percent. If their income is $915,000, or is it better by $400 billion; no longer having the you average it out, the income of the to say to middle-income families who surplus that we struggled to attain top 1 percent is $915,000. These people are struggling with the cost of college after so many years of deficit spending. are not just millionaires; they make al- that we ought to make college tuition So then we are in deficit. most $1 million a year on average. tax deductible, a proposal that has had But he doesn’t stop there. Then there They get 42 percent of the tax cut. Al- bipartisan support in the Senate? The is spending. The Governor proposes most one of every $2 we are cutting in Senator from Maine, OLYMPIA SNOWE; some spending for education and for taxes goes to people whose average in- myself; the Senator from Indiana, Mr. other things. Every day we hear of a come is $1 million or close to $1 million BAYH; and the Senator from Oregon, new program he is coming out with. I a year. How many Americans want Mr. SMITH—two Democrats and two Re- support some of them, as I support that? If I were confronted with that publicans—have championed that. I some of the tax cuts, but not all be- fact, I would ‘‘rhetorize,’’ as they say, learned how much people struggled cause together, when you add it up, it I would give what the Governor himself with that when I ran for the Senate 2 is too much. might call Washington rhetoric and years ago. It is one of my passions to He has proposed $625 billion in spend- say: That is fuzzy mathematics. get it done. ing. That brings our deficit to $1 tril- It is not fuzzy. Here it is, Governor You don’t need an accountant. Those lion. Then he proposes that we take $1 Bush: The top 1 percent get 42 percent are not fuzzy Washington numbers. trillion out of Social Security and let of the tax cuts. The people whose aver- The PRESIDING OFFICER. The Sen- people invest that in the stock market age income is $915,000 get $46,000 back ator has used 15 minutes. or whatever else. Of course, he said, it in tax cuts. Mr. SCHUMER. I ask unanimous con- will go up three times; that is, if the Let’s take the people in the middle, sent that I be given an additional 2 stock market triples. I don’t put my the middle 20 percent, people making minutes from our time. daughter’s college money that my wife between $25,000 and $40,000 a year. They The PRESIDING OFFICER. Without and I save each month in the stock get about 8 percent of the tax cuts or objection, it is so ordered. market for fear, even though it might $453. Of course, low-income people, the Mr. SCHUMER. It is not fuzzy math. triple, it might go down. And then how Governor said, they are going to do It is plain and simple. are we going to pay for her college? better—yes, $42 a year better. So it is The bottom line is, last night Gov- He takes the money out, wherever true, as the Governor said, everyone ernor Bush could not argue facts. He you put it, and that is another $1.1 tril- gets a tax break. He wants to give the could not argue the merits. So he ran lion. Now we are at a $2.1 trillion def- money to everyone. The trouble is, he away from the argument by claiming icit. Finally, because you are not get- wants to give most of the money to the fuzzy numbers. ting interest on all this money; you are wealthiest few. The debate was a great success for spending it, so to speak, in terms of tax He is right. The wealthiest people the Vice President because, as people breaks and in terms of spending pro- have most of the money, and they pay examine what I have talked about—the grams, you lose another $400 billion of a lot of the taxes. That is true. But we huge deficit spending the Governor foregone interest. When you add it all have a policy choice, Mr. President. Do would have us engage in, again, the up, the deficit, with the Governor’s we want the wealthiest of people to get fact that a disproportionate share of plan, is back to the bad old days of $2.5 most of the money back or do we want the tax cuts go to the wealthy; the fact trillion. to do targeted tax cuts for the middle that the middle-income tax cuts pro- This is not fuzzy Washington math. class and spend more of the money posed by the Vice President are very These are not fuzzy numbers. These are than the Governor does on education, simple and easy to use and desperately the numbers the Governor has pro- on a prescription drug plan, on health needed by the American people—the posed. No wonder he didn’t answer Vice care? Vice President will score points. President GORE’S retort about going This is not fuzzy Washington math. More importantly, he will win the back and where all the money is com- These are facts. I don’t blame Governor election on that basis, and America ing from. No wonder he had to use this Bush for running away from them and will finally spend our surplus on the rhetoric. The only people these num- hiding behind rhetoric. priorities we need and return taxes to bers are fuzzy to are the people who One final point. Vice President GORE, the middle class who need them more don’t want to add them up because in the debate, said that he wanted tar- than anybody else. Our country will they lead to deficit spending: the Gov- geted tax cuts for the middle class. And continue the prosperity that, praise ernor of Texas and his supporters. George Bush said: You need an ac- God, we have seen in the last 8 years. The other big issue was where does countant to figure this out. Well, tell a Mr. President, these are not fuzzy the tax cut go. Again, Vice President family who is making $50,000 a year, Washington numbers. These are facts. GORE said seven, eight, nine, ten whose oldest child is 17, and the hus- They are facts that show that the Vice times—I lost count—that the top 1 per- band and wife are up late at night wor- President is far more in touch with cent of the people in America get a rying: How in the heck are we going to what the average American wants and huge proportion of the tax cut. And pay for Johnny’s college. How the needs than is Governor Bush. Jim Lehrer asked Governor Bush heck, on an income of $50,000 a year, I don’t believe in class warfare. I re- whether that was true, and Governor are we going to come up with $10,000 a spect people who have made a lot of

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20742 CONGRESSIONAL RECORD—SENATE October 4, 2000 money. That is the American dream. I cated, this is the first sale for the re- administration. Let me repeat that. hope my children will. serve since 1984. Natural gas production on Federal on- But when you do deep tax cuts, who Six oil companies submitted 174 bids on 133 shore lands has increased nearly 60 per- should get it when you only have a lim- tracts. cent since 1992. Oil production on Fed- ited amount? When you have a surplus, The oil industry should explore and eral lands is down. But the gas statis- why should it be squandered? Governor develop the Alaskan Petroleum Re- tics belie the argument that the ad- Bush, these are not fuzzy numbers but serve before there is any suggestion of ministration has shut down the public hard, cold facts that help the American opening the sensitive lands of the wild- lands to oil and gas development. This people. life refuge to development. We ac- source comes from testimony given be- I yield back my time and yield the knowledge that, and that is why they fore the Energy and Natural Resources floor. are paying $105 million to do that. Committee in July of this year. The PRESIDING OFFICER. The Sen- They should do that before there is The Gulf of Mexico has become one of ator from Nevada is recognized. even a suggestion of opening the sen- the hottest places in the world for ex- f sitive lands of the ANWR to develop. ploration, especially since this admin- istration supported incentives for deep- APPLAUDING SENATOR SCHUMER ANWR doesn’t need to be developed. To even suggest doing it before we fully water development going into effect in Mr. REID. Mr. President, I appreciate explore the petroleum reserve in Alas- 1995. Between 1992 and 1999, oil produc- very much the statement of the Sen- ka indicates that we are doing it for tion offshore has increased 62 percent. ator from New York. New York is the reasons other than petroleum produc- So it hardly seems to me that this is financial capital of the world, and the tion. an administration without an energy Senator from New York, having long policy, when we have determined that In 1998, the U.S. Geological Survey re- represented that State in the House of leased a mean estimate of 2.4 billion barrels natural gas production during this ad- Representatives, has certainly hit the of economically recoverable oil in the Arctic ministration on Federal onshore lands ground running here in the Senate. We Refuge at $18 a barrel market price in 1996 has increased about 60 percent and we depend on the Senator from New York dollars. Such a discovery would never meet have also determined that during this on many occasions for financial infor- more than a small part of our oil needs at administration oil production offshore mation and advice due to the fact that any given time. The U.S. consumes about 19 has increased 62 percent. Natural gas he comes from the financial capital of million barrels of oil daily or almost 7 bil- production in deep waters has in- the world. His very vivid description of lion barrels annually. . . . creased 80 percent in just the past 2 the debate last night, in financial So using these numbers for a couple years. These increases are in areas of terms and what the tax situation is of years, you could drill and it would the Gulf of Mexico, where the United from both candidates, was welcome. I be gone, and you would damage, to say States actively produces oil and gas. congratulate and applaud the Senator the least, this beautiful part of the So the point I am making is that we for his very lucid statement. world. have my friend, the Senator from Alas- Mr. SCHUMER. I thank my friend, The U.S. Geological Survey indicates ka, coming to the floor and continually who is a great leader for all of us. He is that the mean estimate of economi- saying we don’t have an energy policy. always giving us younger Members cally recoverable reserves assumes an These figures belie that. We have an in- time to make our statements on the oil price of $18, as I have indicated. We crease in Federal onshore lands by 60 floor, in addition to all the other nice know the price of oil is almost double percent; oil production offshore, 62 per- things he does. that today. Even at $20 a barrel, the cent; and just in the last 2 years, gas f mean estimate increases to 3.2 billion production in deep waters increased 80 barrels. This information comes from percent. Why? Because of actions taken ALASKA PRODUCTION Dr. Thomas Casadevall, the Acting Di- by the Clinton-Gore administration. Mr. REID. Mr. President, I thought it rector of the U.S. Geological Survey. The deep water in the Gulf of Mexico was appropriate that we revisit what Production of oil in the United has emerged as a world-class oil and the junior Senator from Alaska said States peaked in 1970. You can see that gas province in the last 4 years. That is today. He has come to the floor on on this chart. That was when the as a result of work done by this admin- many occasions and said, as I have United States produced about 9.6 mil- istration. This historic change, after 53 stated earlier, the same thing. He does lion barrels of oil every day. Produc- years of production in the Gulf of Mex- it with great passion, and I appreciate tion in Alaska has also been on a con- ico, has been driven by several major how strongly he feels about it. I think tinual decline since 1988. It is very factors, all coalescing during this ad- the time has come that we don’t let his clear that the production of oil in Alas- ministration. Truly, the deep water statements go without giving the facts ka has been going downhill since 1988, will drive the new millennium, no ques- from the other side. What are some of when it peaked at 2 million barrels of tion about that. those facts? Let’s talk about produc- oil a day. I think it is important to note that tion of oil in Alaska. Domestic gas and oil drilling activity we are all concerned about the fact In 1999, the Clinton-Gore administra- decreased nearly 17 percent during 1992, that we are importing more oil than we tion offered tracts on nearly 4 million the last year of the Bush administra- should. Look at this chart. Oil impor- acres of land in the national petroleum tion, and was at the lowest level since tation went up in the mid 1970s, and reserve in Alaska, to the west of 1942. So I think we should understand during the gas crunch, because of poli- Prudhoe Bay, for oil and gas leasing. that the Senator from Alaska—if he cies taken by the Federal Government Oil companies with winning bids will pay— has to complain about energy policy— with tax credits and other things for This is a staggering figure, but it is should go back to the Bush administra- developing alternative sources of en- to show that we in this administration tion. That is when we bottomed out, so ergy, it went down. But with the glut have had an energy policy, as we all to speak. of oil and the price of oil low, the con- know. Let’s talk about what has gone on sumption of oil, imported oil, went up since 1992 when this administration Oil companies with winning bids will pay again. Production has gone down. It is $104,635,728 for leases in the National Petro- began a concerted effort to increase the certainly indicated on this chart. leum Reserve in Alaska. A total of 425 tracts production of oil. Under the leadership Also, I think we have to recognize on approximately 3.9 million acres were of- of the Clinton-Gore administration, that one thing has driven everything fered by the U.S. Bureau of Land Manage- natural gas production on Federal we do in this country, and that is the ment in today’s lease sale, the first such sale lands onshore and oil production off- consumption of oil. We consume far for the reserve since 1984. shore is increasing. Natural gas pro- more than we should. I think that is It is important we recognize that duction on Federal onshore lands has why the Clinton-Gore administration there is an energy policy and, as indi- increased nearly 60 percent during this has stressed the fact that we need to do

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20743 something to lessen the consumption quested that he be allowed to speak be- community and landowner assistance. of oil in this country. fore me beginning at about 11:10. I The bill also includes the $240 million The Energy Information Agency re- would like to go after Senator GORTON provided in the Domenici floor amend- ports that the total petroleum product because he is only going to speak for ment for hazardous fuels reduction in demand in 1999 grew by over 600,000 bar- about 10 minutes. I will speak for an the wildland/urban interface. rels a day, or 3.2 percent. That is the extended period following Senator GOR- Those areas which public lands abut largest year increase since 1988. TON’s remarks. upon communities, towns and cities, as The transportation-related demand Mr. REID. We have no objection to well as language designed to expedite accounted for more than 335,000 barrels that. We want to make sure that the this work that so desperately needs to per day. manager of the bill on the Democrat be done. This language does not, how- According to the Energy Information side, Senator BYRD from West Virginia, ever, overturn or bypass the National Agency, the annual energy outlook for is able to follow the statement of Sen- Environmental Protection Act, the En- transportation sector energy consump- ator GORTON—the two managers of the dangered Species Act, or any other en- tion is projected to increase almost 2 bill. I think the Senator from Illinois vironmental statute. In total, the bill percent per year. would not object to that. provides $2.9 billion for fire manage- We need to do better. Mr. FITZGERALD. I have no objec- ment. Of the projected increase in oil de- tion. The other element of this legislation mand between now and 2020, 87 percent The PRESIDING OFFICER. Without that has garnered the most attention is will be in the transportation sector. objection, it is so ordered. title VIII, the land conservation, pres- In 1995, the Republican Congress shut Mr. REID. Mr. President, I suggest ervation, and infrastructure improve- down the administration’s efforts to the absence of a quorum. ment title. This title does two things: study higher fuel efficiency standards The PRESIDING OFFICER. The First, it provides an additional $686 for light trucks and SUVs. Major auto- clerk will call the roll. million in fiscal year 2001 for a wide va- mobile manufacturers fought ruth- The assistant legislative clerk pro- riety of conservation programs, includ- lessly convincing labor that it would ceeded to call the roll. ing Federal land acquisition, the state- cost jobs in the United States. Mr. GORTON. Mr. President, I ask side grant program, forest legacy, and This summer when consumers start- unanimous consent that the order for urban park recreation and recovery. ed screaming about gasoline prices, the quorum call be rescinded. These amounts are in addition to the Ford and GM realized they could in- The PRESIDING OFFICER. Without amounts agreed to in conference in the crease the fuel economy of SUVs by as objection, it is so ordered. base portion of the bill. In total, fund- ing for these Interior programs is much as 25 percent. This should have f happened many, many years ago. But, about $1.2 billion for next year. Second, title VIII establishes a new of course, the major automobile manu- DEPARTMENT OF THE INTERIOR conservation spending category in the facturers were unwilling to sacrifice AND RELATED AGENCIES APPRO- Budget Act for an array of conserva- anything. PRIATIONS ACT, 2001—CON- tion programs, for the maintenance of The good news is that we can have FERENCE REPORT Federal land management facilities, better fuel economy without costing The PRESIDING OFFICER. Under most particularly, national parks, and jobs or eliminating the features that the previous order, the Senate will now for payments in lieu of taxes. Using the consumers seek in these vehicles. They resume consideration of the conference $1.2 billion provided in the fiscal year have already committed to higher fuel report to accompany H.R. 4578, which 2001 Interior bill as a base amount, plus emission standards in Europe and the clerk will report. a notional $400 million for coastal pro- Japan. Why didn’t they do it here? Be- The assistant legislative clerk read grams that may or may not be pro- cause we were gullible. We in Congress as follows: vided in the Commerce, Justice, State would not allow legislation to go for- A conference report to accompany H.R. appropriations bill, this new spending ward to do something about this. 4578, an act making appropriations for the category is established using a base of Department of the Interior and related agen- Let me repeat. I appreciate very $1.6 billion. much the desire of the Senators from cies for fiscal year sending September 30, 2001, and for other purposes. For Interior and CJS programs com- Alaska to want to drill in pristine wil- bined, this new budgetary category will derness to create jobs in Alaska, but I The PRESIDING OFFICER. The Sen- go by $160 billion per year through fis- think we have to look at the big pic- ator from Washington. cal year 2006. This separate allocation ture. Jobs in Alaska are not as impor- Mr. GORTON. Mr. President, I am may only be spent on qualifying pro- tant as maintaining the last remaining pleased to bring before the Senate the grams, and any amounts not spent will Arctic pristine wilderness we have in conference report on the Interior and roll over and be added to the following America. Related Appropriations Act for Fiscal year’s allocation. I hope we look at what we are al- Year 2001. The conference report passed Title VIII also establishes several ready doing in Alaska to increase en- the House yesterday on an overwhelm- subcategories within the broader cat- ergy production, and also look to the ingly bipartisan vote of 348–69. egory conservation category. The allo- absolute necessity of doing something The bill provides $18.94 billion in cation provided for each subcategory about alternative energy, such as wind, total budget authority, an amount sig- will only be available for programs solar, and geothermal—and do some- nificantly above both the FY 2000 level within that subcategory and may not thing with oil shale—doing things such of $15 billion and the President’s FY be used for other programs. And, like as that so we can become more energy 2001 request of $16.5 billion. This in- the structure of the broader category, efficient in America and less dependent crease is primarily attributable to two any amounts not appropriated within a on foreign oil. items that I know to be of great inter- subcategory in a given year would be I reserve whatever time we have. I est to my colleagues. rolled over and added to the following know the Senator from Illinois has The bulk of the increase over the year’s suballocation. been here patiently waiting to speak. budget request level is a direct result The suballocations and associated Mr. President, I ask that Senator of the disastrous wildfires that plagued amounts are shown on the chart. The DORGAN be allowed to follow the Sen- the West this summer. This bill in- bottom line is ‘‘payments in lieu of ator from Illinois with the time we cludes the administration’s $1.6 billion taxes’’ for $50 million a year—over and have remaining in morning business. supplementary fire package, as well as above the present payment in lieu of The PRESIDING OFFICER. Without $200 million in additional funds to ad- taxes. The next amount is ‘‘Federal objection, it is so ordered. dress rehabilitation needs on the na- maintenance,’’ an amount added spe- Mr. FITZGERALD. Mr. President, tional forests, maintenance and up- cifically at my request. This was origi- the Senator from Washington has re- grades to firefighting facilities, and for nally suggested by House conferees. It

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20744 CONGRESSIONAL RECORD—SENATE October 4, 2000 glaringly omitted the deferred mainte- VIII will be fully subscribed in each vides funding for a cost-share program nance in our national parks and our year’s appropriations bill. The exact for eligible replacement schools, which forests and our wildlife refuges, an mix of funding will be up to future Con- is designed to provide funding so that amount that I think approaches $16 bil- gresses, but title VIII does prevent construction of replacement schools lion, and a modest start on that over these funds from being taken from the can be fully completed in order to re- and above the present bill is included target programs and used for other pro- move the school immediately from the in each one of these years. grams, even other programs within the BIA priority list. Indian school repairs Next, the orange is ‘‘urban and his- Interior bills, such as Indian education, also increases by $80.5 million above toric preservation programs,’’ the pur- health services, Forest Service, the last year’s level. ple is ‘‘State and other conservation cleanup of abandoned mine lands. The conference report also provides programs,’’ wildlife grants, wetlands To be perfectly clear, the construct significant increases for health serv- conservation, the Geological Survey, of title VIII is not what I would have ices for Indian people, including an in- and the like. The red is ‘‘Federal and dealt had I complete discretion. Nor do crease of $167 million for health serv- State Land and Water Conservation I believe it is what the Appropriations ices and $47 million for construction Fund programs.’’ The green is ‘‘coastal Committee would have written with and repair of health care facilities. programs,’’ basically under the juris- complete discretion. Congress has al- The bill provides continued support diction of NOAA, and the ‘‘other’’ be- ways had the ability to provide in- for the Department of Interior’s efforts ginning in fiscal year 2002 is the $160 creases to the programs through the to reform its trust management prac- million a year add-on which can be at regular appropriations process, but it tices. This is a massive problem that the discretion of the Congress, devoted has not necessarily done so due to the has developed over decades, if not the to any one of these other programs. resulting impact on other programs entire 20th century, which will take That will be decided by future Con- and, of course, on the deficit or the sur- time and resources to fix. This con- gresses. plus. Nevertheless, title VIII represents ference report provides the budget re- As the allocation for the overall cat- a fair compromise that reflects the quest for the Office of the Special egory grows in the outyears, that general views of this Congress with re- Trustee, and also provides an emer- growth is not tied to any particular spect to these programs, and it has the gency supplemental of $27.6 million for subcategory. The suballocations are support of the administration. activities directly related to recent de- not caps. There is nothing to prevent Now, the focus in recent weeks has velopments in the Cobell litigation. In the Appropriations Committee from been on wildfires and the conservation addition, the bill provides an increase also using its regular allocation to funding issues I have just addressed. of $31.9 million above fiscal year 2000 fund any one of these programs that There are other features of the bill to for trust reform within the regular Bu- provide additional funding from the which I want to draw my colleagues’ reau of Indian Affairs appropriations. overall program growth, the blue part, attention. The conference report pro- Of the many cultural programs with- lines I have just described on the vides an increase of $104 million for the in this subcommittee’s jurisdiction, graph. operation of the National Park Service the National Endowment for the Arts While this structure is somewhat and the U.S. Park Police, including $40 was again the focus of much discussion confusing at first, its effect is to pro- million to increase the base-operating in the House-Senate conference. The vide some certainty to several pro- budgets of nearly 100 parks and related conference agreement maintains the grams within the Interior sub- sites. The bill also provides an increase Senate funding level for the NEA—an committee jurisdiction which will be of $66 million for the management of increase of $7.4 million above the cur- likely to receive and maintain substan- Bureau of Land Management land and rent year level. These additional funds tial increases over the current funding resources, a badly needed boost for an will be targeted for arts education and levels. At the same time, it preserves agency that has sometimes received outreach programs, and I think are a the availability of Congress to adjust less attention than the other land man- fitting response to the reforms that the specific amounts on a year-to-year agement agencies, but which has a de- NEA has instituted in recent years. basis in response to changing needs manding mission in terms of multiple This is the first increase of any signifi- performance and other factors. uses. cance for the NEA in more than a dec- Finally, of course, any money not The operating budgets of the Fish ade. I am also pleased that funding for spent, while it cannot be spent for any and Wildlife Service and the Forest the National Endowment for the Hu- other spending category, obviously will Service also receive healthy increases, manities is also increased by $5 mil- go to pay down the national debt. which I hope will enable these agencies lion. The programs that comprise the new to improve performance in areas such For energy programs, this conference spending category are a mix of pro- as the Endangered Species Act con- report includes funding for several pro- grams identified as priorities by the sultation and recreation management. grams that will help reduce our de- administration in its budget request, In terms of programs designed pri- pendence on foreign energy sources, as by supporters of CARA during their de- marily to benefit American Indians, well as reduce harmful emissions from liberations, and by Congress as a whole this bill has a great deal to offer. From stationary and mobile sources. The en- as represented in the thousands of indi- the very beginning of this process, I ergy conservation account is increased vidual requests that I receive each year have made Indian education in school by $95 million, including full funding as chairman of this subcommittee. I construction one of my highest funding for the Partnership for a New Genera- want to emphasize, once again, what I priorities. Many colleagues on the tion of Vehicles—PNGV. This amount did several months ago when we de- committee—particularly my friend, also includes increases of $18 million bated this bill for the first time. I the Senator from New Mexico, Mr. for the Weatherization program and $4 think this year we had 1,100 requests DOMENICI, who is here on the floor— million for the State Energy Conserva- from 100 Senators for programs within have for years stressed the need for in- tion Program. For fossil energy R&D, Interior—the great majority of which creased investment in Indian schools. the bill provides $433 million, and es- would fall into one of these categories. This year’s budget request provided an tablishes a new powerplant improve- Vitally important is the fact that the opportunity to provide this invest- ment program to support demonstra- bill does not create any new entitle- ment. I am pleased the conference re- tion of advanced coal power tech- ments. At the same time, it is not an port provides $142 million for school re- nologies. This is an initiative that I am empty promise. For the same reasons— placement. This is $75 million above sure Senator BYRD will wish to discuss we rarely see an appropriations bill go this year’s enacted level and will pro- further, because it is one of his favorite to the floor without spending every vide funds for the replacement of the items. penny of its allocation—I think it like- next six schools on the Bureau of In- There are many other elements of ly that allocations provided in title dian Affairs priority list. It also pro- this conference report that recommend

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20745 its passage by the Senate, but I will language in his budget after consulta- and where they are scheduled to do the only mention one more. Funding for tion with a number of us. It is a little cleanup—where is that? They are going payments in lieu of taxes is increased late, but nonetheless the Indian people to have to start advising communities. by $65 million, including $50 million can finally say, ‘‘We see some day- So I thank my good friend for that. provided in title VIII, outlined on this light,’’ with reference to adequate Mr. GORTON. Again, this was the chart. This brings appropriations for schools for our kids. program of the Senator from New Mex- PILT to $200 million. This increase rep- Mr. GORTON. The Senator from New ico. I do not think there was any item resents a significant step in raising ap- Mexico not only states the case cor- in the conference committee that was propriations for PILT toward the au- rectly but understates his own partici- discussed at more length with the ad- thorized funding level. pation. I am rather certain that the ministration and in more detail. I am I also wish to note two errors in the President would not have made the re- gratified the Senator was able to make Statement of Managers. Page 177 of the quest without the constant advocacy a reasonable compromise and I was de- Statement of Managers indicates that on behalf of this program from the Sen- lighted to support him. an increase of $4 million above the ator from New Mexico. I think he can Mr. DOMENICI. I also say, overall, House level is provided for ‘‘Heavy Ve- take great credit for this success. when we make requests of you and hicle Propulsion within the hybrid sys- Mr. DOMENICI. I thank the Senator, your people, and Senator BYRD and his tems activity.’’ This is incorrect, and my good friend, very much. people, I do not think in any case for is a result of an error in the conference Second, we debated on the floor of me we could have been treated more notes. The $4 million increase over the the Senate an interesting sounding fairly. Every request was looked at House level is for ‘‘Advanced Power amendment. We called it ‘‘Happy For- carefully. I thank my colleague so Electronics,’’ reflecting the amount ests.’’ It was a $240 million amendment much for the many things he was able provided in the Senate-passed bill. On on this bill on the floor. I thought I to do for my State. I will enumerate page 194 of the Statement of Managers, was going to get a lot of guff here on them and perhaps come to the floor be- the paragraph that begins ‘‘Consistent the floor because I asked for $240 mil- fore the Senator is finished and talk with paragraph (3) and accompanying lion and divided it among the two with a little more specificity. But I Senate instruction . . .’’ should have agencies that control our property, the thought before he left his opening been deleted. Forest Service and the BLM. What I statement too far behind, I would like In closing, I want to again urge my wanted to do with the money was to to add my words at the end of it as I colleagues to support this conference push, with a great deal of vigor, for have this morning. report. It does a tremendous amount of these two Departments to go out and Mr. GORTON. I appreciate that. As good for the management of our Fed- inventory where the forests were close the Senator knows, this is a reciprocal eral lands, as well as for the conserva- to our cities, where the forests have relationship. The people of the State of tion of lands and waters whether Fed- grown up, where cities have grown up Washington can thank the Senator eral, state, municipal or private. It is a and where there is a proximity of from the State of New Mexico for many good bill that has the unanimous sup- buildings and people to the forest be- vitally important programs that are in port of the conferees of both Houses, cause that is very risky. the bill for energy and water that he and I urge its adoption by the Senate. We did strike a positive tone with the manages. Mr. DOMENICI. Will the Senator administration when they admitted Mr. DOMENICI. By the way, that is yield? that there were many such cases and going down to the President soon—I Mr. GORTON. The Senator will be many examples. We have cited exam- don’t know how long it will take—and happy to yield. ples of a city such as Santa Fe in New it will come back here with a veto, and Mr. DOMENICI. Mr. President, I, Mexico where its water resource is we do intend to work as expeditiously first, congratulate Senator GORTON. right in the forest. If that forest hap- as we can to repass it with the many Everything considered—the pressure of pened to burn, they would lose their things that are in there for your sake. the closing, the politics of this sea- water supply. So we thought we ought I yield the floor. son—I think he produced a very good to pursue this and start a list of those Mr. GORTON. I note the presence on bill and I compliment him. I would like and make the Federal Government the floor of my distinguished col- to quickly talk with him about three start to list the risky ones and then league, Senator BYRD, my good friend, issues because they have been very start to clean them up. who also has a great deal of responsi- dear to me and we have finally come We had to argue for 3 days. We got bility for this. around to solving all three of them in about 75 percent of what we wanted. I yield the floor. this bill. We gave in to the administration on The PRESIDING OFFICER. The Sen- First, the American Indian people some in a very valid compromise. But I ator from West Virginia. will thank us because for the first time can say as to number, as many as a few Mr. BYRD. It goes without saying, we are making the case for replacing hundred communities that are right in Mr. President—I have said it many Indian schools. They are so much in the forests, they should be seeing the times already—that the chairman of disrepair that nobody would send their Federal Government around coming up this subcommittee is fully knowledge- kids to them, but there are no other with some plans to try to alleviate this able of the contents of the original bill, schools to go to; they are out in Indian underbrush problem and growth that fully knowledgeable of what is in this country, and we, the Government, hap- may, indeed, cause these communities conference report, and always—always pen to own them. There has been a dra- to burn when we could prevent it with considerate, always courteous, and is matic increase this year. Thanks to some maintenance and cleanup. one of the finest chairmen I have ever this committee, we will add six new We have not reached, to my satisfac- served with on any subcommittee. And schools, and we will do a very large tion, language that will push this expe- I served with a lot of chairmen of sub- amount of maintenance on buildings ditiously because they are fearful in committees. This one is almost with- that desperately need it. If Congress the White House that we are going to out a flaw when it comes to being will heed what was discussed, they will push some of the environmental laws. chairman of this subcommittee. do this for 5 or 6 years and get rid of We made it clear the environmental It is a pleasure for me to serve with the entire backlog. laws apply. Nonetheless, there will be him. I would like to be chairman one Senator, you have heard me for years some difficulty on the part of the bu- day, but I am not the chairman, and I ask the administration to give us a reaus of the Federal Government be- fully understand that. If somebody else multiyear budget proposal to take care cause they have to move with some dis- other than I has to be chairman, I like of Indian schools because if we don’t patch and they have to advise people a Senator GORTON. We accomplish a lot pay for them nobody will. They are lot more than they ever did about the for this Nation together. This is a ours. This year the President put such proximity of fire and the risk to them great subcommittee.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20746 CONGRESSIONAL RECORD—SENATE October 4, 2000 I have said many times it really is a I made a trip around the world with Mr. REID. I ask my friend from West western subcommittee, more so than it a House committee in 1955, 45 years Virginia this question. I can’t pass up is eastern, as far as I am concerned. I ago. We went around the world in an the opportunity; whenever I hear some- have said that over the years. But we old Constellation, four propellers. We one talking about miners, my mind is do our best because somebody has to do visited many countries. Today it would flooded with thoughts of my father. the work. I do enjoy it. I enjoy the col- be called a junket. But we were away 68 The Senator and I have discussed what laboration we always have in connec- days. We visited many countries a hard job a miner has. I can remem- tion with this bill. I do it under- throughout the world. When I was in ber, as if it were yesterday, my father standing that the appropriations proc- high school, I read a book by Jules coming home, muddy and dirty, telling ess is absolutely vital to the operation Verne titled ‘‘Around the World in 80 us he had another hard day at the of- of Government and that we need to Days.’’ We went around the world in 68 fice. The fact of the matter is, he know about that process. We need to days. Of course, John Glenn went worked very hard. Miners work very always understand the rules and the around the world in, I believe it was 81 hard. precedents of Government. minutes. The Senator from West Virginia has If I had a larger vocabulary, I could The point I am making is I visited done such an outstanding job of pro- say more about the chairmanship that many countries, saw many things, met tecting miners, and not only coal min- is rendered by Mr. GORTON. I will not many high people—kings and princes ers. You have helped us with our gold speak further. I could say the same and queens, shahs. We saw wonderful miners, people who go under the Earth thing with regard to the chairman of edifices, beautiful edifices, great edi- for other types of product than coal. the full committee, TED STEVENS. fices, such as the Taj Mahal. But the I also say this to my friend from There could not be any finer man. He is most enjoyable, pleasurable, satis- West Virginia, my leader. This Govern- always a gentleman. That goes a long fying, and comforting thing I saw on ment needs to do more with clean coal way with me around the Senate. He is that whole trip was when we flew back technology. We started a plant near always a gentleman. He is always con- into Washington and I saw those two or Reno, NV, which cost hundreds of mil- siderate of the needs and the problems three little red lights in the top of the lions of dollars. But in the second of the constituents of other Senators. Washington Monument. There we were, phase of it, the Government did not He listens courteously, and he is very home again, where we could go to the come through in helping with that en- straightforward. If he cannot do it, he water faucet and drink without fear ergy-efficient use of coal, and therefore will tell you so. He tells me that. If he that we might succumb to some dis- they are going to have to switch and do cannot do it, he will tell me so. I like ease. Having been in Afghanistan on something else. that kind of talk. that trip and Jakarta and India, Paki- The Federal Government has the Mr. President, I fully support the leg- stan, Korea, and Malaysia—all of these means now of clean coal technology. islation. I urge my colleagues to sup- places where one certainly must not, at But we have been too cheap as a gov- port it as well. that time, drink the water without its ernment. We need to spend more I will not reiterate the inventory of being boiled—it brought to me in a money on clean coal technology. If we programs contained in the Interior very vivid way what a wonderful coun- spent more money on clean coal tech- conference report, nor their respective try we have and how great it is to be nology, we would be less dependent on funding levels. The chairman has done home, back in the good old United oil. So I want to help the Senator from an excellent job of providing Members States of America, where we take so West Virginia any way I can to make with those details. I do, however, wish many things for granted. sure we do more with developing clean There were those lights in the top of to point out a new program planned for coal technology. And with the tech- the Washington Monument, and here the Department of Energy because of nology we have, let’s make sure the are these lights. Take away coal; take its significance to this nation’s overall Federal Government helps implement away those lights. The great eastern energy security. this in places such as Reno, at the cities of New York and Philadelphia Within the Fossil Energy Research Tracy plant, so we can do a better job and Boston, the great cities of the and Development account, funds have of cleaning the air. East—take away the coal, and it is been provided to undertake a power Mr. BYRD. Yes. I thank my friend for going to shut down a lot of industries. plant improvement initiative. This new his excellent contribution to the col- People will then begin to appreciate effort is vital to our Nation if we hope loquy. that coal miner whose sweat, and to continue our economic expansion. Many times, as he has said, we have sometimes tears, and sometimes blood discussed this matter. He understands Upgrading and renewing our out-of- afford this great country the leisure the background from which I came— date and undersized electric power sys- and the comfort that come from coal- which is a similar background to that tem cannot wait. We cannot sit back fired plants. and wait for the development of new We are working to make this coal from which he came—the coal mining; power sources which, to date, have not more environmentally feasible. We in his case, gold mining; in my case, proved commercially viable. have gone a long way. I have supported coal mining. Sometimes we refer to it The fact is, more than half of this appropriations and initiated appropria- as ‘‘black gold.’’ Nation’s electricity is generated in tions for clean coal technology, and we This coal has provided the livelihood coal-fired power plants, a situation have seen the results of this research for thousands of miners over the years, that is not likely to change for the that is being done by these funds that who have risked their lives to go into foreseeable future. come out of the committee on which those coal mines. So research, I have We are working today by virtue of the distinguished minority whip, Mr. believed during the years I have been the lights that are in the ceiling of this REID, and I sit. on the Senate Appropriations Com- Chamber. It used to be in this country There are people in this Government mittee—42 years—is the answer to that this Chamber was lighted by gas. who, I imagine, would like to see the many of the things, research. And It was only in this century, the 20th mines closed, coal mining done away through research, mining has been century—and we are not into the 21st with; shut them down. We know we are made more safe. We have fewer and yet—it was only in this century that in transition, and we are preparing for fewer miners being killed annually we saw air-conditioning come to this that eventuality by the fact that we than we have had in the past. Chamber. appropriate funds in this committee to It has been a very bloody—a very From where does this energy come? produce energy in an environmentally bloody—employment and a very bloody What is the source? What is the source feasible manner. industry, if you go back over the years. of the little light we see at night burn- Mr. REID. Will the Senator yield? So we have improved the safety. We are ing in the top of the Washington Monu- Mr. BYRD. I do yield, with great helping to clean up the environment. ment? pleasure, to my friend. We are understanding ways in which

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20747 coal may be mined more cheaply. And I yield the floor. I am very proud to hold the seat in that is the result of the moneys that The PRESIDING OFFICER (Mr. the Senate that Abraham Lincoln and have been appropriated through this BURNS). Under the previous order, the Stephen Douglas vied for in 1858, be- Subcommittee on Interior. Senator from Illinois is recognized. fore, of course, Abraham Lincoln went As I have already indicated, I have Mr. FITZGERALD. Mr. President, I on, in 1860, to be elected the first Re- appropriated, I have been the source of am here to speak on the $120 million publican President of the United States the appropriations of millions of dol- Abraham Lincoln Library, for which and one of our greatest Presidents lars for clean coal technology. And I there is authorization language in the ever. have to say that my own administra- Interior Subcommittee appropriations There are several Lincoln attractions tion has several times, in the budget bill. in Springfield, IL. I am sure many of that has been sent up here to the Con- Last night, the Senate passed sepa- my colleagues and many of the people gress, recommended deferring—defer- rate legislation authorizing $50 million in the gallery have visited Lincoln’s ring—some of these moneys, using of Federal funds for the construction of home in Springfield, IL, which is run these moneys that are there for clean the Abraham Lincoln Library in by the National Park Service. It is coal technology, using them for some- Springfield, IL. The library is intended maintained with a great deal of care. It thing else, or even rescinding some of to be built with a mixture of State and is a wonderful attraction. I went there those moneys. Federal funds. The total cost of the as a boy, and I have returned there Now I have fought—fought—these project would be about $120 million. many times since. Senator DURBIN and budget recommendations off several The Senate, in adopting its author- I both have our Springfield district of- times. So I think we have reached the izing language, attached an amend- fices in the Lincoln home neighbor- point where the Presidential can- ment, that I put on, that required this hood, which has been renovated and re- didates need to talk about this. And I library, this monument for ‘‘Honest stored to the way it was when Abraham Abe’’ Lincoln—that all the construc- hope they will. Lincoln and his family lived there Given that reality, it makes good, tion contracts on it be competitively prior to his becoming President. common sense for the United States to bid in accordance with the Federal We also have in Springfield the Abra- try to ease the demand on the existing competitive bid guidelines. ham Lincoln law office. One can actu- That language cleared the full Senate fleet of electric plants. And, so, the ally go into the very same building in last night. The Senate went on record conferees have included this new power which Abraham Lincoln practiced law in favor of a requirement that this plant improvement initiative in an ef- for many years in Springfield. He rode Abraham Lincoln $120 million library the circuit. He did not just practice law fort to bring business and Government carry with it the requirements that all together in a productive partnership in Sangamon County but practiced law contracts be competitively bid in ac- all over central Illinois. that will produce more energy, yet cordance with Federal procurement cleaner energy. I am pleased that this In recent years, we have turned up law, the purpose of which is to prevent many original legal pleadings and fil- effort is being made, and I thank the political favoritism in the awarding of ings drafted by Abraham Lincoln. distinguished chairman for his help in construction contracts and also to get Many of those documents are now scat- ensuring that our Nation’s energy the best value for the taxpayer. tered all over the State of Illinois. It needs continue to be a top priority. I rise to speak on the Subcommittee would be a wonderful achievement if I thank the other members of the Ap- on Interior appropriations bill because we could finally have one great Lincoln propriations Committee. And I thank there is language in the bill that au- Library in Springfield to bring all the our colleagues on the other side of the thorizes $50 million in Federal funding Lincoln artifacts in the possession of Capitol on the Appropriations Com- over several years for construction of the State of Illinois, as well as what- mittee there who have worked with us the Abraham Lincoln Library. How- ever members of the public donate for in this regard. ever, the language requiring competi- this library, into one tasteful, well Beyond this particular program, let tive bidding of the construction con- thought out monument to the man who me also say how much I appreciate the tract has been stripped out of the con- is arguably the greatest President of chairman’s overall support for projects ference report. the United States, the one who saved and programs of importance to the mi- The Governor of Illinois is opposed to our Union at its hour of maximum nority Members of this body. I have al- the attachment of Federal competitive peril. ready referred to that, but I think it bidding guidelines and apparently I am concerned that if we don’t have bears reflecting upon again. As always, asked for House assistance to go tight controls over taxpayer money his graciousness, his dedication to around the Senate, which has spoken that is going to build this library, we duty, and his steadfast commitment to on this issue and gone on record in run the risk of winding up not with a working in a bipartisan manner have favor of the Federal competitive bid $120 million Abraham Lincoln Library made this conference far less arduous guidelines. but instead a $50 million building that than it might otherwise have been. De- I support construction of the Abra- just happens to cost $120 million. I spite all the tangents that conferees ham Lincoln Library in Springfield, IL. think there could be no worse or uglier are wont to go off on—if left to their If it is done properly, it could be a won- irony than to have a monument for own devices; and I understand how that derful treasure, not only for the city of ‘‘Honest Abe’’ wind up being a gigantic is very easily done—Senator GORTON Springfield and for the State of Illinois public works project on which a bunch never lost sight of the ultimate task at but, indeed, for the entire Nation. Of of political insiders wind up lining hand. course, Springfield, IL, is where ‘‘Hon- their pockets at taxpayer expense. So in my opinion, based on my expe- est Abe Lincoln’’ lived. He lived there Let me share some background on rience, he is the consummate profes- for many years. He is responsible for the Abraham Lincoln Library, where sional. And he and his staff—we must making it the State capital of Illinois. the idea first started, and how it has not forget the staff. We often hear that When Abe Lincoln served in the State changed over the years. I think my col- the clothes make the man. Well, I must legislature in the early part of the leagues will see that I have reason to say, based on my experience here, that 1800s, he was successful in leading a be concerned about the growing cost of the staff, in large measure, make the drive to move the State capital from the project and certainly the mag- Senator and help to turn the wheels of Vandalia to Springfield, IL. For several nitude of it within the city of Spring- the Nation. So our staffs are to be com- years, he represented Sangamon Coun- field. mended for their efforts. ty in both the Illinois Legislature and This is a time line: ‘‘The Lincoln Li- I urge all my colleagues, Mr. Presi- later for a period in the U.S. Congress. brary Project Time Line and Inter- dent, to support this conference report Of course, his debates for the Senate esting Facts.’’ so that we can send it to the White seat with Stephen Douglas of Illinois in Back in February 1998, then-Gov- House for the President’s signature. 1858 are legendary. ernor Jim Edgar proposed construction

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20748 CONGRESSIONAL RECORD—SENATE October 4, 2000 of the Lincoln Presidential Library in that was built between 1981 and 1984. will not happen. I hope the Secretary Springfield and committed $4.9 million The estimated cost, adjusted for infla- of the Interior and the Governor of Illi- in State funds for initial planning and tion, of building it today is $70 million. nois will not decide to take $50 million design. At that time, the projected cost They have a gigantic convention center of taxpayer money and give it to an in- of the project was not $120 million. The in Springfield called the Prairie Cap- dividual. But they could under the lan- projected cost was $40 million. They itol Convention Center, constructed be- guage before the Senate. There would said it was going to come from State, tween 1975 and 1979. The estimated be no violation of the law if they did. local, and private funds. cost, adjusted for inflation, of building They could also give it to a private cor- Later on, in May of 1998, the project that giant Capitol Convention Center poration. There would be no violation was no longer a $40 million project. It today would be $60 million. of this conference committee report if had grown 50 percent in those few There are also some very notable pri- the Secretary of the Interior, in con- months. It was now a $60 million vate buildings in Springfield, IL, that sultation with the Governor of Illinois, project. According to the Copely News are quite large and significant. One is steered this money to a private cor- Service, on May 13, 1998, the estimated the Franklin Life Insurance Company poration. If that were to happen, this cost of the Lincoln Library was raised building, built between 1911 and 1913. money would just have gone out of the to $60 million, an increase of 50 per- The estimated cost, adjusted for infla- public’s hands and out of the public cent. Senator DURBIN and my prede- tion, of building it today is $44 million. control into an area where we could no cessor, Carol Moseley-Braun, and Sid The Horace Mann Insurance Company longer really put much in the way of Yates, who was at that time the rank- building, built from 1968 to 1972, would restrictions on what they did with it. ing member on the House Interior be $34.5 million. Pretty much the only requirement in Committee, were seeking $30 million in So, again, the Abraham Lincoln Li- the conference report is that this enti- Federal commitment for the project. brary is going to be almost twice as ty, to be designated or selected later, They wrote that the State and the city costly as any of these other buildings— will have to show its plans for the con- of Springfield were willing to commit almost twice as costly as the State struction of the library. up to $30 million in funds to match capitol, even though the capitol, I be- There is a private entity out there Federal support. That was May of 1998. lieve, is projected to be about two called the Abraham Lincoln Presi- We had gone from $40 million up to $60 times the size of the projected Abra- dential Library Foundation. As far as I million. ham Lincoln Library. We are talking can tell, this is a private, not-for-profit By April 1999, less than a year later, about a very substantial building. It is corporation that has filed with the Illi- the project price tag had gone up interesting to note, as well, that the nois secretary of state’s office on June again, this time a little bit more sig- Ronald Reagan Library—a Presidential 20, 1990. It has an address of 10 South nificantly. ‘‘Illinois Historic Preserva- library which opened in 1991—cost $65 Dearborn Street, Suite 5100, Chicago, tion Association authority spokesman million. IL. The registered agent’s name is J. says library may cost as much as $148 I have indicated to you the mag- Douglas Donafeld. I recall Mr. Donafeld million.’’ We have gone from $40 to $60 nitude of this project as being some- as a lawyer in Chicago who does lobby million, and now we are at $148 million. thing that caused me to really focus on work in Springfield. The corporation’s I believe, now, today, since April 1999, the details of the taxpayer money in- name is the Abraham Lincoln Presi- they are talking about $115 or $120 mil- volved. I noted the size and scope of the dential Library Foundation. This foun- lion. Gratefully, the cost or the pro- construction project, how it had grown dation, according to published reports jected cost has gone down from April from $40 million to $60 million to $120 that I have read, has three directors on 1999. We are talking today about a $115 million in projected costs over a very its board—a Mrs. Julie Cellini, who is or $120 million project. That is a big short period of time. But I also want to head of the Illinois Historic Preserva- building for Springfield, IL. refer you to the language in the Inte- tion Agency; Lura Lynn Ryan, the These are Illinois structures and cost rior conference report now on the floor First Lady of the State of Illinois; and comparisons. This is taken from a of the Senate, which has come over to Pam Daniels, the wife of Lee Daniels, State Journal-Register article of May us from the House. the Republican leader in the Illinois 1, 2000. The State Journal-Register is The language in the conference re- State House of Representatives. I hope the newspaper in Springfield, IL. They port does not tell the people of this the Governor of Illinois and the Sec- apparently did some figuring and esti- country to whom the $50 million is retary of the Interior will not give mated the cost, adjusted for inflation, going to be paid. The language of the these public funds to the private cor- of many of the other prominent build- conference committee report says the poration called the Abraham Lincoln ings in the city of Springfield, IL. $50 million will go to an entity that Presidential Library Foundation be- Our State capitol in Illinois was built will be selected later. We are talking cause, if that were to happen, then no between 1868 and 1888. The estimated about $50 million. Everybody is acting one’s competitive bid laws, no one’s cost, adjusted for inflation, of con- under the assumption that this money procurement laws would be attached structing the State capitol in Spring- is going to be given to the State of Illi- and the money could really be out of field, IL, is $70 million. The State His- nois. I think it should be noted that the taxpayers’ control. torical Library, constructed from 1965 there is no requirement in the con- Assume, for the sake of argument, to 1968, would cost $13 million to build ference committee report that is before that this $50 million in Federal money today. Keep in mind that with this the Senate that this money is required would not be given to a private indi- project—the Lincoln Library—we are to go to a public source, such as the vidual or a private corporation and talking about a $120 million building. State of Illinois. It is required to go to that the Secretary of the Interior and The State Library, redone in 1990, was ‘‘an entity’’ that will be selected later. the Governor of Illinois would want it $6 million; Lincoln’s Tomb, done in Now, could that be a private entity? It sent to the State of Illinois. I think it 1865, $6 million. The Dana-Thomas appears to me it could because there is is a reasonable assumption that the House, a Frank Lloyd Wright home, nothing in the conference committee State of Illinois would turn the money which I believe the State owns and report that would prevent it from being over to the State Capitol Development manages, built between 1902 and 1904, paid to a private entity. It says an en- Board, which usually builds State would cost $9 million. tity that will be selected later by the buildings such as this—builds State Now, the State has a revenue depart- Secretary of the Department of the In- prisons and has built the State of Illi- ment. It is one of the largest depart- terior in consultation with the Gov- nois building in downtown Chicago. It ments of the State, and it has a fairly ernor of Illinois. is a reasonable assumption that if the new building that goes back to the Now, under the language as it is entity selected to receive the $50 mil- early eighties, one of the very large worded, they could possibly give that lion is not a private entity, the money State office buildings in Springfield $50 million to an individual. I hope that would go to the State and the State

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20749 would turn it over to the Capitol De- that corporation, the Capital Develop- The Capital Development Board can velopment Board, which is known as ment Board has a special section in the just write its own rule. It has that au- the CDB for short. procurement code. They have a special thority from the Illinois General As- The State contends that if the money exemption. sembly to write its own rule. And in is handled by the CDB, the State’s pro- Let us read the Capital Development this authority to them to write its own curement law for its competitive bid- Board special exemption. You don’t rule, we have an unchecked level of dis- ding laws that applies to the CDB and need to be a lawyer to understand that cretion on the part of the State that, to other State agencies, such as Cen- this is a rather broad loophole in the in my judgment, leaves too much room tral Management Services, and appar- portion of the Illinois Capital Develop- for abuse by political insiders in the ently most of the rest of the State gov- ment Board’s procurement code. State of Illinois. ernment, that its code would apply to This is from an Illinois statute. This When I saw that was in the bill origi- the construction of this library and is binding law in the State of Illinois, nally authorizing this appropriations, that its code would require competitive passed by the Illinois General Assem- which as I said, the Senate passed last bidding of the project. bly, and signed into law by the Gov- night with my amendment requiring The Governor of Illinois contends ernor of Illinois. Federal competitive bid guidelines, and that there is no need for the Federal 30 I.L.C.S. 500/30–15: (b) says: my staff showed it to me, we said this competitive bidding guidelines to be Other methods. The Capital Development is a giant loophole. attached because in his judgment the Board shall establish by rule construction As one paper in Illinois has editorial- State procurement code is sufficient. purchases that may be made without com- ized it, it is a giant loophole for which He also points out that I, PETER petitive sealed bidding and the most com- you could drive a whole convoy of Illi- petitive alternate method of source selection FITZGERALD, Senator from Illinois, nois Department of Transportation that shall be used. when I was a State senator rep- trucks. resenting the northwest suburban Chi- The code clearly contemplates that I regret that I missed that when I cago area district in the Illinois State the Capital Development Board shall voted for this procurement code of Senate, voted for that procurement not have to use competitive bidding; which I was a part back in 1997. code. Indeed, I did in 1997. I believed that they can opt out of competitively I asked the Congressional Research that code appeared to represent an im- bidding for this construction contract. Service if there was a comparable loop- provement over the prior procurement That language is plain as day. hole in the Federal law. code in the State of Illinois. But I re- The Capital Development Board, in In a memorandum to me from an at- gret that there was a loophole in that seeking to oppose my amendment torney in the Congressional Research State’s procurement code that I missed which requires the application of Fed- Service at the Library of Congress, it in 1997. I regret that I missed it, and I eral competitive bid laws, has cir- says: want to make doubly sure that we culated a letter that says they have to The exception found in 30 I.L.C.S. 500/30–15, don’t repeat another loophole in this competitively bid the project under which permits the Capital Development Board to establish by rule construction pur- particular project. I didn’t recognize State law. However, their letter makes no reference or attempts to abut this chases which may be made without competi- this loophole until I sat down and com- tive sealed bidding, does not have a com- pared the State code side by side with provision of State law. Here is what their letter says: parable provision in Federal procurement the Federal code. law. On its face it appears to be a rather In my judgment, there are two main DEAR SENATOR FITZGERALD: Competitive broad exception to the requirement for com- problems with the State’s competitive bidding has long been the requirement for petition in awarding State construction con- State of Illinois construction contracts and tracts. bid code. was most recently reaffirmed with the pas- There are many instances in the sage of the stricter Illinois procurement code I think it is very clear that is a giant State procurement code where there of 1998. Only six exemptions to that provi- loophole that should not be allowed in are fairly narrow exceptions to the sion, which are defined by rule and must be a project of this magnitude. Mr. Presi- general requirement for purchases of approved by the director, exist. dent, $50 million of taxpayer money goods and equipment, building con- And then they name the exemptions: from the Federal Government is a lot struction contracts, and leases. There No. 1, emergency repairs; No. 2, con- of money. How many Americans are are some narrow exceptions sprinkled struction projects of less than $30,000 working day in and day out, some fam- throughout the code to the general re- total; No. 3, limited projects such as ilies with parents working 2, 21⁄2, some- quirement that the project be competi- asbestos removal for which CDB may times 3 jobs just to pay the taxes, just tively bid with an overall push towards contract with correctional industries; to pay the cut extracted by Uncle Sam. trying to get the lowest cost bid built No. 4, an architecture program which The American people are fundamen- into the code. But most of the excep- follows a separate procurement proc- tally very generous with their money. tions built into the code to the com- ess; No. 5, construction management They will permit reasonable expendi- petitive bid requirements are fairly services which are competitively pro- tures for their community, for their narrow. cured under a separate law; and, No. 6, State, for worthy projects, but we owe If the State does not use competitive sole source items. it to all Americans—not just those bidding to buy something, they typi- I am not sure what the sole source Americans in my State of Illinois but cally will have to give notice and file items are. Americans all over the country—to written reasons for not going forward But, in any case, they don’t refer to take great care with their money and with competitive bidding. this section of the law which seems to to treat it no less carefully than we But here is a loophole. And here is me is plain as day. would treat our own money. why this loophole is relevant to this I am a lawyer, so I didn’t find it con- I sometimes wonder whether those major gigantic project. fusing. I have run it by nonlawyers, who oppose closing this loophole by Within the part of the State procure- and none of them have been unable to substituting them with the Federal ment code that deals with the Illinois understand this. It doesn’t seem as if competitive bid guidelines—which are Capital Development Board, which, as I there is any ambiguity here. much more comprehensive, much more have explained, is the board or State It says, ‘‘The Capital Development thoroughly defined, and which a lot of agency that would be required to con- Board shall establish by rule construc- thought has gone into—if they were struct the Abraham Lincoln Library, tion purchases that may be made with- building a house, wouldn’t they com- provided the Governor of Illinois and out competitive sealed bidding.’’ So petitively bid or insist that their house the Secretary of Interior don’t channel they can establish a rule that they can be competitively bid if they had to pay the $50 million in Federal money to a do this without competitive bidding. for it out of their own pocket? I think private entity outside the control of What does it mean when they estab- they would. I think they would do what anybody but the board of directors of lish a rule, when they say ‘‘rule″? they could to secure the best possible

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20750 CONGRESSIONAL RECORD—SENATE October 4, 2000 value for themselves. And I think we in That subtle omission in the State of money. This would be a monstrous government ought to try and treat the law allows practically any decision the building within the city of Springfield, taxpayers’ money with the same re- State makes to be rationalized after one of the biggest buildings, in fact, spect we treat our own. the fact. So, conceivably, somebody save for the Springfield Memorial Hos- As to another point on the State of could come in, and say we have a $1.5 pital. But I also want to give the rest Illinois code with respect to competi- million construction project. Some- of the picture, the other parts of the tive bidding, this is a very subtle omis- body bids $1.4 million; the other bidder puzzle that cause me to have great con- sion. This is a problem not just in the bids $1.6 million. The State can give cern and to feel as strongly as I do that portion of that code which deals with the award after the fact to the high there ought to be tighter controls on the Illinois Capital Development bidder, the $1.6 million, and say they the spending. Board; it is a problem that permeates decided the management experience Illinois has a long history of having the whole code. This is the one loop- and the quality of the higher bidder had problems in State procurement. hole that I didn’t fully appreciate until was more important than the cost that There have been questions before about I sat down and read the Federal pro- you, the low bidder, offered. They could capital construction projects involving curement guidelines, side by side, with move the goalpost after the fact and the Capital Development Board. In the State guidelines. there would be nothing the losing bid- fact, I would like to read an editorial The Illinois rules where sealed com- der could do. There would be no chal- from the Peoria Journal Star, dated petitive bids are required—as we have lenge. There is no State procurement Wednesday, March 16, 1994: shown, it is not required; the Capital law because no State procurement law To the Illinois Capital Development Board Development Board can opt out of com- was violated. In fact, it would be very for giving River City’s construction compa- petitive sealed bidding, but where the nies an unfair advantage—thumbs up. difficult to violate the State rules. Giving an unfair advantage in bidding to code does require competitive sealed When I reflected on this, it occurred manage construction of a southern Illinois bidding—and maybe in this project the to me that after almost a lifetime of prison, River City submitted the low bid and State would not opt out of competitive living in Illinois and reading about pro- the board’s staff recommended its accept- sealed bidding, but say it applied its curement scandals and reading inves- ance. But the board rebid the project and own competitive sealed bidding guide- tigative report after investigative re- awarded it to a Chicago firm, knowing what lines. It is interesting there is a lot of port by the Chicago Sun Times, the River City had bid, which, knowing what language in the procurement code that River City had bid, lowered its own offer. Chicago Tribune, the Associated Press, The process is doubly tainted because the gives the State the appearance of a reg- on leases that ripped off the State, on Chicago firm, together with its subcon- ulator. construction projects that ripped off tractor, had donated $10,000 to a previous On its face, there are a lot of fairly the State, on contracts of many sorts Governor’s campaign. The perception, right- ordinary provisions one would expect on which the taxpayers appeared to not ly or wrongly, is that River City lost the in a State procurement code. One thing have made out well, we rarely, if ever, contract because it didn’t ante up. is interesting. The State code, when it heard of any legal challenge or of any There is another article about a more requires the State to go out and solicit prosecution. It is very hard to violate recent capital construction project. bids—say, for a construction contract— the State code. It is that subtle omis- This is an article from the Chicago they are required under the State code sion. I believe that needs to be tight- Tribune, dated January 6, 2000. The to tell the bidders in advance what cri- ened up. headline is: teria the State is going to evaluate in The Federal code is much better at New Prison Benefits Ryan Pal: $33,000 pay- selecting bids. In other words, the buttoning down the procurement offi- day seen in land deal. State would have to tell prospective cials, and under the Federal law we The article is by Ray Gibson, a Trib- bidders how they are going to select hear of challenges to Federal officials une staff writer. I would like to read the contractor and presumably they awarding bids to somebody. If there is this article because I think it shows would tell prospective construction a basis for challenging it because the the problems that can occur. I would contractors that they are going to look bidder whose bid was rejected can say, like to set forth the context, why one at cost, workmanship, experience, hey, these procurement officers told could, on a large construction project quality, management. There could be me that cost was 75 percent of it and in Illinois, reasonably be concerned all sorts of factors at which they are workmanship was the other portion, about whether the money is all chan- going to look. And they have to tell but they violated those guidelines. The neled into the project and that none of the bidders, in advance, what factors Federal law does a better job of it is frittered away in rewarding polit- they will look for. pinnning down the State officials so ical pals. It is interesting; the State code they cannot keep moving the goalposts When Gov. George Ryan announced last doesn’t require the State officials to and award the projects to their polit- month that his home county of Kankakee tell the bidders the relative weight or ical friends. was the winner in the latest Illinois prison importance of each of those criteria. In my judgment, the Federal code derby, he talked about how the new $80 mil- The Federal code does. Federal law re- does a much better job of lowering the lion women’s facility would create jobs and quires that sealed bid solicitations dis- potential for political favoritism in the other opportunities for economic develop- ment. close in advance all significant bid award of contracts using taxpayer What he didn’t say was that one of the first evaluation factors and the relative im- money. to benefit would be one of his top supporters portance of each factor and whether If I may, for a moment, I would like and fundraisers, real estate developer Tony nonprice factors when combined, will to now turn to the context, the overall Perry, who was among the dignitaries on the be accorded more, equal, or less weight general context in which I come to the date for Ryan’s announcement. than price. Senate floor to argue against language Perry, acting at Ryan’s behest as the point The citation for that Federal require- in this conference committee report man for Hopkins Park and Pembroke Town- ship’s bid for the new prison, personally ac- ment is at 41 U.S.C. section 253(a). The that comes to us from the House with quired options on the 120 acres the state will State code, by not requiring that the the requirement of competitive Federal buy to construct the new women’s facility. State tell you in advance what weight bidding of the $120 million Abraham By Perry’s own account, the current own- they are going to assign the different Lincoln Federal Library in Springfield, ers will pay him about a 5 percent real estate criteria, allows a purchasing officer for IL—the requirement of competitive commission, which would amount to about the State to pick any bid he or she bidding according to Federal laws— $33,000, when he exercises his options to ac- wants and explain his decision by say- stripped out of it. quire the land. Then he will sell the land to ing that the one factor for which that I reviewed early on in my discussion the state. Right now, he says, he plans to sell the acreage for the same price he will pay— bid was better or the combination of how the cost of this project had gone about $5,500 an acre. factors for which that bid was better from $40 million to $60 million to $120 But state officials say that price is still was the most important factor. million; that we are talking about a lot open to negotiation and his profit could be

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20751 higher. And Perry also acquired options on A spokesman for the governor would not ‘‘This is one of the advantages in sup- two other tracts of land near the prison site comment on why Ryan asked Perry to step porting a local guy for public office,’’ he that are almost certain to be developed. in and help with the application other than said. ‘‘I can’t imagine this would’ve hap- A Tribune examination of how Perry, the to say that Perry was a real estate profes- pened if I hadn’t been elected governor.’’ governor’s longtime friend, came to act as sional who has a long history in economic Despite the potential for enormous eco- the middleman for the proposed prison con- development in Kankakee County. nomic assistance from the project, not all struction illustrates anew the financial ad- While many of the communities partici- Pembroke Township residents are throwing vantages political insiders reap under Ryan, pating in the prison derby hired lobbyists, out the welcome mat for the prison. already under fire for questionable leases of Perry’s role was unique in that he, and not A group of about 200 residents called Pem- state facilities during his tenure as secretary local public officials, acted as the point man broke Advocates for Truth sprang up in the of state. for the project. last several months to try to stop construc- Perry’s role in the selection of Hopkins ‘‘He was pretty much spearheading the tion, saying they don’t believe the economic Park and Pembroke Township for the prison communities effort,’’ said Nic Howell, a benefits will trickle down to the community. site began last summer, as the sweepstakes spokesman for the Illinois Department of They point to Perry, who lives in nearby among Illinois communities vying for the Corrections. ‘‘He was the contact.’’ Bourbonnais, as an example of how outsiders new penal facility got under way. Howell said the agency did not know if are more likely than locals to reap the bene- At a luncheon, Perry said—he doesn’t re- Perry was being paid. fits. call where—the governor asked him to help ‘‘I have no idea. None whatsoever. I don’t ‘‘There are a lot of angry people out here,’’ the impoverished Kankakee County commu- know that he’s not doing this out of the said Beau, who is a member of the group. nities complete the required paperwork to fi- goodness of his heart,’’ said Howell, adding Perry said Ryan approached him and asked nalize their bid for the new facility. that he was unaware that Perry would re- him to help because the two communities Perry went to work, first meeting with ceive a commission on the sale from the sell- needed assistance with the paperwork. Perry local officials. er. said he contacted local officials and offered ‘‘Tony Perry told us the governor sent Howell said the state wouldn’t make any his services. him. . . . The governor sent him to make offer to buy the property from Perry until A Ryan spokesman said the governor sure the paperwork got done correctly,’’ said after it does appraisals. ‘‘doesn’t recall the conversation quite that Hopkins Park Village Clerk Pam Basu, who Perry said that he is now trying to spur de- way,’’ but he declined to elaborate. opposes the prison project. velopment around the new prison, but he in- Records show that Perry paid little, if any- Then Perry set about meeting with land- sisted he is not going to act as a developer. thing, for the options on the property. Be- owners to persuade them to sell the farm- He has been meeting with builders and devel- cause no cash was needed for the trans- land, and he personally obtained options to opers and trying to woo them to bring every- actions, either Pembroke Township or Hop- acquire 480 acres, representing three pro- thing from housing to industrial develop- kins Park could have entered into the option posed sites in the area. Although the state ment to the area. agreements with the local landowners, as did now needs only 120 acres for the site, Perry ‘‘I am not the developer. I am the orches- another finalist, the City of Freeport, originally obtained options for three 160-acre trator,’’ he said. records show. parcels of land. State officials will spend millions of dol- Perry told the state in September that it He researched the cost of supplying utili- lars to bring utilities such as sewers, gas, could expect to pay $6,100 an acre for the 160 ties to the site and rounded up vital statis- and water to the prison site from as far as acres it would purchase. The state recently tics about one of the state’s poorest commu- two miles away, improvements that will in- has said it will purchase only about 120 nities. crease the value of nearby properties as well. acres. For all that work, Perry was not paid, ac- If the prison’s construction fulfills the Now, Perry said he will sell the land to the cording to local officials. communities’ dream of development, the state at $5,500 an acre, the price he is paying But now that the state is set to acquire 120 land near the prison could be filled with gas the owners. acres of land where the new women’s prison stations, restaurants, housing and other de- (Mr. SMITH of New Hampshire as- will be constructed, Perry says he stands to velopment. sumed the chair.) make a 5 percent commission—or about Perry also has options to purchase two ad- Mr. FITZGERALD. Mr. President, $33,000—from the sale of the land to the joining 160-acre parcels of land that were there have also been a number of prob- state. also proposed for the prison site. He said in lems involving Illinois leases that go Perry’s role in the development now has a recent interview that he will not execute back a number of years. I turn my at- touched off a local controversy. According to the options to buy those 320 acres, saying it tention to an examination of State Basu, the decision to allow Perry to act as would be improper to benefit as a developer. the communities’ representative was never ‘‘I can’t work on somebody’s behalf’’ and leasing practices. We have, thus far, discussed at any township or municipal turn around and develop the property, he been dealing with the State procure- board meeting. Nor was his agreement with said. ment code, how it bids out projects for the sellers to act as a real estate agent and Perry is a longtime friend of Ryan’s and a construction, but also part of that code collect a fee ever disclosed, she said. fundraiser. Just four weeks after Ryan an- governs how the State handles its Nonetheless, other local officials said Per- nounced in September 1997 his intention to leases and whether it competitively ry’s help was vital to the communities secur- run for the governor’s office, Perry chaired bids leases for office space or other ing the prison. one of the first major fundraisers for Ryan’s space that the State of Illinois may ‘‘He was the key component. He was very campaign in Chicago. instrumental in helping,’’ said Hopkins Park Since 1994, Perry and the firms that he op- give. Mayor David Legett. erates have donated nearly $19,000 to Ryan’s In an examination of this overall But others say Perry’s commission, and campaign fund. One of Perry’s ventures, a context of insider deals that have hap- Ryan’s decision to tap him for the job, is just nonprofit corporation that was formed to pened and swirled around and been another example of insider politics. help economic development in Kankake going on in Springfield for a very long ‘‘To me, it sounds like more ways to take County, donated $2,250 to Ryan’s campaign, time, I want to focus on a couple of ar- care of his close friends,’’ said Jim Howard, despite federal tax laws that prohibit it from ticles that go back a little bit further executive director of Common Cause, a tax- making political donations. to December 29, 1992. payers lobbying group. ‘‘It just reinforces State officials and Ryan have contended the public attitude how bad and dirty poli- that there were plenty of good reasons why There was at that time a series that tics is in Illinois.’’ the site was selected over bids from the two was run in the Chicago Tribune that Perry’s role in the Hopkins Park prison is other finalists, Freeport and Wenona. was called ‘‘Between Friends. In the unusual on several counts. This will be the Pembroke Township is statistically one of new era of patronage, the politically first time in two decades that the state will the poorest areas in the state and nation. connected get something better than pay the entire cost to buy private property Fifty-two percent of its 3,657 residents live jobs—lucrative government leases.’’ to construct a new prison. During 26 previous below the poverty level, and its unemploy- This article I am going to read is the construction projects, the local communities ment rate is four times higher than the third in a series. The headline is ‘‘Help- vying for the prison sites have either sup- state’s rate. The site also is close to the Chi- ing Their Cronies Is The Lease Politi- plied the land free or paid a portion of the cago area, where many of the prisoners’ fam- state’s purchase price. If the state only reim- ilies reside. cians Can Do.’’ The byline is by Ray burses Perry for his cost per acre, it stands Even Ryan joked at the Dec. 9 press con- Gibson and Hanke Gratteau: to pay $660,000 to acquire the land, the first ference when the site selection was an- Before Paul Butera decided to shut down time the state has paid so much to acquire a nounced that his roots in the county may and sell his grocery at 3518 W. Division St., prison site in at least 20 years. have influenced the decision. his telephone started ringing.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20752 CONGRESSIONAL RECORD—SENATE October 4, 2000 The interest in his property, an enormous For example, sometimes the state pub- state was paying rent that was $5 a square parking lot backstopped by a single-story lishes an advertisement seeking potential foot to $6 a square foot above market rates brick structure of 30,000 square feet, aston- sites. Sometimes it does not. Sometimes and that, therefore, the rent did not accu- ished him. state leasing agents search specific commu- rately reflect the building’s value, county Located in a working-class area, the gro- nities for appropriate buildings, Bartletti records show. cery had served Butera’s family well for four said. Sometimes they do not. ‘‘Confronted with the pressing need to years. But business had waned since a large Bartletti said CMS rules ‘‘encourage’’ the service the area with a field office and the grocery complex opened nearby. Although he obtaining of price quotes on ‘‘two or three lack of such appropriate office space, (the had yet to list the property with a real es- sites’’ that would meet state needs. The rule, state) was willing to pay a rental premium,’’ tate broker, Butera began getting calls he said, ‘‘encourages competition. It doesn’t the company’s written appeal stated. about whether the Humboldt Park property require it.’’ Cacciatore also has sold property to the was for sale. In the Cacciatore deal, the state did not state. The state’s 1990 purchase of $1.9 mil- ‘‘The property got very hot very fast,’’ he advertise its need for DCFS office space, lion of Cacciatore’s property in Lake County recalled. records show. for a proposed state highway provoked public Several weeks before Butera closed the Instead, CMS officials relied on responses outcry there. At his request, the property deal in July 1991, he learned the buyer to a year-old advertisement published when was rezoned for development, forcing the planned to convert the grocery into office the Illinois Department of Public Aid sought state to pay 20 times the price it normally space and rent it to the state for the Illinois similar office space, Adorjan said. pays for vacant land. Department of Children and Family Serv- Cacciatore had proposed the Division One south suburban landlord who leases ices. Street grocery as a potential public aid of- property to the state said renting office Unbeknownst to Butera, the state and the fice, Adorjan said, so the site was suggested space to the state is an insider’s game buyer, Victor J. Cacciatore, Sr., had ham- to DCFS. fraught with politics. mered out the details of the lease four CMS records on the DCFS office hunt re- The landlord, who asked not to be identi- months before Butera sold the property. flect that the agency obtained price quotes fied, told the Tribune that when he was noti- The lease was signed in apparent violation on two other locations. But an owner of a fied that a state agency was leaving his of state purchasing laws that require disclo- building the state said it surveyed told the building in the midst of a long-term con- sure of building and land owners. State offi- Tribune that he never was contacted. tract, state officials told him to see William cials signed the lease relying on Cacciatori’s Records state that officials with CMS con- Cellini, a top Republican fundraiser. representation that he was the owner of the tacted an individual named ‘‘Boris Amen,’’ ‘‘I was told, ‘If you want to get a state building, said Helen Adorjan, a spokeswoman who was trying to sell a 28,000-square-foot lease, go see Mr. Cellini,’ ’’ he said. He did for the state Department of Central Manage- building at 2950 N. Western Ave. not, and the state canceled his lease. ment Service, or CMS. But officials at Advanced Transformer, the Cellini headed the state Transportation The state has done business with owner of the 130,000-square-foot factory at Department under Republican Gov. Richard Cacciatore for decades, and, for just as long, that address, said that they never offered Ogilvie. He has not been a state official in Cacciatore had been a faithful campaign con- their property to the state and that they did nearly two decades but remains one of tributor. not know Boris Amen. Springfield’s most influential insiders. His Patronage, the process of rewarding polit- ‘‘I have never had any discussions with the sister Janis is Edgar’s patronage chief, and ical cronies at taxpayers’ expense, has been state,’’ said Sol Hassom, a vice president for the transportation agency still seeks his big business in Illinois. Even though court the company. counsel, according to former and current of- decisions and taxpayers’ outrage largely Records also state that CMS obtained a ficials. ‘‘I chuckle sometimes when I hear some of have stopped the practice of putting sup- price quote on a lease from owners of a build- the stories in Springfield about what all porters on the public payroll, elected offi- ing at 3011 N. Western Ave. No such address (Cellini) controls. That’s not true,’’ Edgar cials still find ways to divide the spoils. or building exists. An owner of a nearby said in an interview. Contracts are the mother lode for a new 9,000-square-foot building said he never has Cellini and Cacciatore, along with another age of patronage. Deals to lease properties, offered it for rent. former state official, Gayle Franzen, were perform services and produce goods for the Adorjan acknowledged the records were business partners in 1991 on the purchase of state are now a $4.6 billion-a-year industry, a filled with inaccuracies, but she maintained a 140-acre parcel in south suburban Hazel business that has more than doubled in the that the agency obtained other competing Crest, records show. last decade. prices that are not reflected in the records. Franzen said Cacciatore invited him to be- The state’s need to house its burgeoning ‘‘It is obvious that they are just sloppy come a partner on the Division Street gro- bureaucracy has been a gold mine for those records,’’ she said. ‘‘They obviously did a cery, even though Cacciatore told the state seeking to lease land and offices to the state. sloppy job.’’ he was the sole owner. Franzen said that he From 1981 to 1991, the state’s rental costs Records show the state will pay $2.3 mil- declined. Cellini, through an aide, said he climbed to $104 million annually, a 177 per- lion over the next five years to rent the gro- had no current interests in any state leases. cent increase. Those with connections, such cery, which Cacciatore bought for $775,000. In addition to holding leases with the as Cacciatore, are cashing in. With his partners, Cacciatore holds seven state, Cacciatore is a director of Elgin The state’s landlords include major donors state leases worth more than $1 million a Sweeping Services Inc., which has reaped to the gubernatorial campaigns of James year. nearly $40 million in contracts with the Thompson and Jim Edgar. In the last four The state is paying $17.05 a square foot for state’s highway department since 1970, when years, Edgar’s campaign fund has received space, utilities and janitorial service for the Cellini headed the department. The contract more than $178,000 from people who lease of- Humboldt Park building. That rate, accord- is based on competitive bidding, but no com- fices to the state, disclosure forms show. ing to Realtors, is comparable with rates in pany has submitted a competing bid in 10 Those people include Cacciatore, who has fancy Loop high-rise buildings. years, state records show. contributed at least $9,000 to Edgar’s cam- ‘‘You can do better than that in the Loop,’’ Let me read that sentence again. The paign fund and has received two state leases said George Martin, a real estate broker. State, of course, on this $120 million li- since Edgar took office. During the final ‘‘You can get $13 (a square foot). What you seven years of the Thompson administration, are talking about out there doesn’t even brary, is assuring us that there will be Cacciatore donated more than $27,000 to make sense.’’ the application of what they call their Thompson’s campaign. During that time, he Adorjan said the rent the state is paying competitive bid rules. But in this arti- was awarded five state leases. was fair and comparable with others in the cle, it says: The DCFS deal marked the second time area. The contract is based on competitive bid- Cacciatore had offered to rent to the state Cacciatore, in a written response to ques- ding, but no company has submitted a com- the building he did not own. Records show he tions, argued that the high rental rate partly peting bid in 10 years, state records show. first proposed the Division Street grocery as reflects remodeling costs needed to meet the Some state landlords scoff at the notion an office building in March 1990, more than state’s requirements. that political favoritism influences the way 15 months before he bought it. Cook County records show Cacciatore’s the state shops for land and space. Other large states have specific procedures company spent $450,000 on remodeling. Ac- Anthony Antoniou, a Du Page County real to secure property, but Illinois’ methods are cording to the lease, Cacciatore will recoup estate developer, is among them. His firm much more fluid, said Michael Bartletti, his initial investment and renovation costs holds a lease that is among the state’s most manager of the Bureau of Property Manage- within the first three years. expensive, with $5.2 million in annual pay- ment for CMS, the leasing agent for most Cacciatore’s company and appraisers suc- ments for an unemployment office on Chi- state departments. Requirements vary ac- cessfully argued earlier this year to lower cago’s State Street. cording to geographic and agency needs, he the property’s tax assessment. Their plea Antoniou, a contributor to Thompson and said. was based partly on data showing that the Edgar, said his firm found that politics

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20753 played virtually no role in the decision to The Tribune investigation of state pur- years. IDOT offices fill about one-third of the lease his building. chasing found that CMS sometimes has dis- building, which Becker built with a $3.2 mil- Nevertheless, when Antoniou began discus- regarded its own internal rules established lion Peoria city bond and private loans of $8 sions with the state about possible purchase to ensure fair pricing and competition. million. of the State Street building, he turned to In some cases, state agencies seeking to ‘‘It was a very good deal because I am state Sen. Howard Carroll for help. Carroll, a lease space compose written requirements doing much better with the rest of the Chicago Democrat, heads the appropriations that virtually rule out competition. Speci- leases,’’ Becker said. The IDOT lease, he committee that approves the budget for fications also have been tailored to steer said, helped him charge higher rates for the CMS, the agency trying to buy the building. state agencies to sites owned by the con- lower floors. By August, shortly before IDOT ‘‘Harold Carroll is a friend,’’ Antoniou nected, as in the case of a $9.3 million deal in moved in, two-thirds of the complex had said. ‘‘He may have given some peripheral Peoria. been rented, Becker said. help. I met with him through my wife who Let’s back up on that. In some cases, The lease also carried the promise of revi- lobbies (in Springfield).’’ you have the State claiming it has talizing Becker’s adjacent properties: a twin- story condominium and a small office com- Carroll said that Antoniou asked him to competitive bidding, but what they do find out the status of possible state funds to plex that have been suffering from high va- buy the building. is, State agencies seeking to lease cancy rates. ‘‘We did some checking and we didn’t see space compose written requirements Whether the deal was as good for taxpayers any funds in the budget,’’ Carroll said. that virtually rule out competition. as it was for Becker is another question. Illinois’ lease costs are comparable to what They put restrictions on who is eligible Of course, that line in this article— officials in New York, Florida and Texas to apply. The State did that with how ‘‘Whether the deal was as good for tax- spend on land rights and office space. Cali- they awarded river boat licenses in Illi- payers as it was for Becker is another fornia, which has nearly twice as many state nois, and we are going to get to that question’’—kind of goes to the heart of employees as Illinois and whose real estate later this afternoon when we examine our debate today because we want con- costs are notoriously exorbitant, spends more than $270 million a year on leases. how the State awarded the phenome- struction of the Presidential library for But the manner in which leases are let in nally lucrative 10 river boat licenses Abraham Lincoln in Springfield, IL, to Illinois differs greatly from methods used in that somehow just happened to—I be as great a treasure for and as good Florida, Texas and California. In those guess it was coincidence—all wind up a deal for the taxpayers of Illinois and states, landlords must submit sealed bids to in the hands of long-time contributors, this Nation as it is for everybody who state officials who are required by law to in many cases, for many of those river winds up actually building the building award leases to the lowest and best competi- boat licenses. or owning other buildings right next to tive bidder. Continuing from the article: it, which will benefit from the tourism Illinois officials reject the notion of com- petitive bidding on leases. Twelve days after the Illinois Department that comes in. of Transportation informed CMS that it had State officials maintain the Becker lease is Let me read that line again: outgrown its district headquarters in Peoria, less costly than building a Peoria head- Illinois officials reject the notion of com- officials with CMS asked the governor’s of- quarters. petitive bidding on leases. fice if G. Raymond Becker, a multimillion- They point to a January 1991 study con- Competitive bidding has never been aire real estate developer, was eligible to be- ducted by an outside consulting firm that come a state landlord. concluded that over a 10-year period, the popular in Illinois with public officials, The written query, dated March 19, 1990, and that is what is at stake here on state would pay about $11.4 million for con- was necessary because Becker was a Thomp- struction, operating costs and debt service this $120 million Lincoln Library, son-appointed member of the Illinois Capital on a new building, compared with slightly where objections were made to the U.S. Development Board, whose executive direc- less than $10 million in lease costs in the Senate’s requirement that Federal tor is required by state law to review all same period. competitive bid guidelines be attached state leases. But the study was based in part on the con- to this $50 million authorization for a CMS officials wanted to know if Thompson sultants’ assumption that the state would would waive a state conflict-of-interest law have to acquire land for the project, records $120 million building in Springfield, IL. prohibiting state officials such as Becker Quoting again: indicate. from doing business with the state. ‘‘We are not aware of other state-owned The Tribune found that state rental proce- Such waivers are somewhat routine in Illi- space in the Peoria area that would be suit- dures are so casual that state files on nego- nois, but the request was unusual because able for the (IDOT) space needs,’’ the study tiations for some properties are little more CMS officials had not yet advertised the stated. ‘‘Also, we did not examine the cost of than handwritten scrawls of price quotes state’s desire to rent office space in Peoria, buying and renovating an existing facil- from building owners. records show. ity.... Additionally, we did not address the Officials have maintained for more than a But Becker, a member of Thompson’s Gov- availability of bond funds to finance the con- decade that state law does not require com- ernor’s Club, a circle of campaign contribu- struction of a potential facility.’’ petitive bidding on leases, despite admonish- tors whose donations totaled at least $1,000, Three years earlier, IDOT had proposed ments from the state auditor general. The already was being considered for a state con- building a Peoria regional headquarters and absence of competitive bidding, the auditor tract for space in the 16-story office building materials-testing labs on a 34-acre site general has warned, has deprived taxpayers he was constructing in downtown Peoria. owned by the state on the city’s west side. of the ‘‘assurance that its best interests were Months later, the state published an adver- The price tag at the time was $7.16 million, served.’’ tisement from new Peoria space, specifying said Richard Adorjan, an IDOT spokesman. narrow geographic boundaries that essen- The General Assembly refused to appro- Let me interject at this point, since tially reduced the competition to Becker’s this article was written, the State’s priate funds for the project, so the state de- building. Another developer, Dianne cided to lease. Adorjan said IDOT was never procurement law has been updated and Cullinan, who had a downtown site under told about the 1991 study comparing the presumably improved to some extent. construction next to the state’s targeted costs of leasing with the costs of a new build- But in our discussion and our examina- area, expressed interest but later halted ing. tion today, we are trying to emphasize talks after much of her building was leased. CMS officials say they never considered that not all loopholes have been closed Negotiations with Becker, the lone land- the 34-acre site for building because it was and that the State rules still allow a lord under consideration, lagged for several ‘‘too rural,’’ Bartletti said. months. But in January 1991, the deal was high degree of discretion and leave a The site is 9.3 miles from Peoria’s down- completed within a week—the final one of town, said a CMS spokesman. IDOT’s main high amount of decisionmaking au- Thompson’s tenure. headquarters in Springfield is about four thority up to subjective preferences of Thompson waived the conflict of interest miles from downtown. State officials and that leaving that law for Becker, noting that his proposal—the IDOT’s former Peoria headquarters, a kind of unchecked discretion in State only one that had been on the table for four sprawling brick structure with 36,000 square officials’ hands opens the potential for months—was the best of two submitted. Yet, feet on the city’s north end, will continue to insider abuse of Illinois procurement, records show that neither Cullinan nor any- house materials-testing labs, but the site one other than Becker had submitted a for- soon will be largely abandoned. whether it is leasing a building, build- mal proposal. The IDOT lease was not Becker’s only deal ing a building, or buying goods and The Becker deal stands to be worth more with the state. services from the State. than $9.3 million over the next 10 years if the Soon after signing the IDOT lease in Peo- Continuing from the article: state renews the lease after the first five ria, Thompson aides signed a $1.1 million

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20754 CONGRESSIONAL RECORD—SENATE October 4, 2000 lease for the Illinois Department of Employ- CMS has argued that because leases are I am going to turn to a discussion of ment Security to move into a building owned not specifically included among the goods State loans that were made back in the by Becker’s business partner, Russell and services required to be competitively early 1980s for the construction of sev- Waldschmidt. Less than a year later, bid, they are exempt from bidding. State eral buildings around the State, includ- Waldschmidt sold the building to Becker’s auditors have argued that because leases are son, George Raymond Becker, Jr. not listed among the exemptions, they must ing two hotels: One in Springfield, IL, Later in 1991, the General Assembly re- be bid. and the other, as I recall, at Collins- stored funding for leased office space for the There is no way to competitively bid real ville, IL, which is down in the southern Illinois Industrial Commission in another estate, said the CMS’ Bartletti. part of the State in the metro East St. Becker-owned building. The five-year lease is Simply put, there are no two real estate Louis area. I am very familiar with worth about $41,000 annually. parcels in the world that are alike. Real es- both of these hotels. Of course, I see Becker’s construction company also has tate is exclusive by definition. There is only been a successful competitor for state road them often on my trips to Springfield one parcel at a certain intersection. Loca- and Collinsville. These hotels are actu- building jobs. In 1987 and 1989, his company tion is everything in real estate, he said. was the low bidder on two contracts worth Among the State purchasing reforms to be ally pretty famous in the minds of nearly $2 million for paving and resurfacing proposed in the general assembly’s spring many taxpayers because the taxpayers state highways near Peoria, an IDOT spokes- session will be a requirement to bid leases gave loans for the prominent people to man said. competitively, said State Senator Judy Barr develop these hotels and the loans were Becker and his partner, Waldschmidt, said Topinka (R-Riverside). Becker’s status as a confidant to the Thomp- never fully paid. The proposed reform, Topinka said, is son administration played no role in landing This article, which comes from the prompted largely by ‘‘the scandal’’ created the leases. Chicago Sun Times, dated April 26, But administration sources said Thomp- by a lease state officials signed in 1989 to 1995, is by Tim Novak, who at that rent the shuttered St. Anne’s Hospital on son’s aides demanded that the transpor- time was in Springfield. He wrote this tation agency lease be signed before Thomp- Chicago’s West Side. State officials needed the building to house article. The headline is, ‘‘Taxpayers son left office. Some top administrators had Stuck With $30 Million Hotel Tab.’’ favored putting the lease on hold, a common patients from the Illinois State Psychiatric practice during transitions, since it would Hospital, which had to be closed for exten- Illinois taxpayers will lose $30 million bind Edgar’s administration to the pact. sive renovations. today when state Treasurer Judy Baar Their concerns, however, were overruled by Taxpayers will end up paying $16.1 million Topinka closes the books on two hotel loans Thompson’s key aides, according to inter- for a four-year lease of the hospital, includ- that former Gov. Jim Thompson and former views. ing costs of transferring patients, mainly be- Treasurer Jerry Cosentino made to political Even after Thompson left office, he contin- cause the lease failed to shield the state cronies. ued to turn to his old friend for favors. Sev- from huge repair bills. The hotels owe the state $40.3 million eral months after Thompson left the Execu- The state could have bought the building under low-interest loans they got in 1982, but tive Mansion, the developer lent his private for $3 million. Topinka has agreed to settle their debts for airplane to the former Governor to fly to Let’s review that again. $10 million, the Sun-Times has learned. She Jackson, Miss., for a Republican Party func- State officials needed the building to house plans to announce the deal today. tion, according to a Thompson spokes- patients from the Illinois State Psychiatric Under the deal, the Springfield Renais- woman. Hospital, which had to be closed for exten- sance Hotel headed by Republican power CMS officials have been at loggerheads sive renovations. broker William F. Cellini will pay the state with the state Auditor General’s office for Taxpayers will end up paying $16.1 million $3.75 million of the $19.8 million it owes. more than a decade because of their insist- for a four-year lease of the hospital, includ- The state will also collect $6.3 million from ence that state law does not require leases to the Collinsville Holiday Inn, partly owned by be competitively bid. ing costs of transferring patients, mainly be- cause the lease failed to shield the state Gary Fears, who raised money for Democrats Again, what we are talking about from huge repair bills. and Republicans. The Collinsville hotel owes here is competitively bidding a con- the state $20.6 million. The State could have bought the struction contract. The House has Topinka said it’s the ‘‘best deal’’ she could building for $3 million. taken a position in opposition to the get from the hotels, which have often The State could have bought it for $3 skipped loan payments while their value has Senate’s requirement on an appropria- million. But they will end up paying fallen. The deal will save the state at least tion of $50 million to the State of Illi- $16 million for a 4-year lease of the hos- $6,000 a month it spends to manage the loans. nois that that money be competitively pital. ‘‘The taxpayers are going to take a bath, bid, that the construction contracts be no question,’’ Topinka said. ‘‘But the prop- In that difference between $16.1 mil- competitively bid in accordance with erty is so depressed, we will never get back lion and $3 million, look at the money the Federal law. The House position on what we spent. Our little escapade into the that was lost for the taxpayers. How this, to date, is that the project not hotel business has not been remarkably many taxpayers had to work how many carry that restriction and that States’ fruitful. hours? How many couples had to strug- ‘‘I may open myself up to criticism on one so-called competitive bid guidelines are gle working 2, or 21⁄2, or 3 jobs to pay hand, but on the other hand, I have got to adequate. settle this because the longer this goes on, We are here examining some of the their taxes to the State of Illinois and to the Federal Government just to see the more we lose because the property value problems that have occurred in recent (of the hotels) keeps going down.’’ memory in the State of Illinois regard- that money go to State officials? Former Treasurer Patrick Quinn, a Demo- ing leases, construction projects, and Some might conclude from such arti- crat, said Topinka is giving another sweet- the like, which really weren’t what we cles that in many cases when there are heart deal to political insiders. would think should be a proper com- not proper controls, what the State of- ‘‘These particular individuals . . . are get- ficials wind up doing with that tax- ting off very lightly,’’ Quinn said of Cellini petitive bidding and where there has and Fears. ‘‘The taxpayers are being fleeced been some slippage. payer money is really tantamount to lighting a match to it. again. They were fleeced when the loans State purchasing laws, a hodgepodge of I now move on to another issue that were made. They were fleeced when the loans more than 100 provisions adopted over the were refinanced. years, make no mention of leases. And a 1981 has been talked about in Illinois for a ‘‘If you foreclosed, you would have assets report by state auditors found that 96 per- very long time. It actually goes back that you can sell for a greater price than cent of the state’s leases were awarded with- to the early 1980s, and it is still a prob- they’re getting now,’’ Quinn said. He claimed out bid. lem for the taxpayers in the State of Il- that the hotels are worth far more than the That is why there are so many arti- linois. That is the subject of hotel $10 million the owners will pay under cles inches thick and investigative re- loans given out by the State that were Topinka’s deal. ports, over many different administra- never fully repaid. Local assessors say the hotels are worth a tions and many Governors in the State There are some of these issues that total of $13.2 million—$7.9 million for the Springfield hotel and $5.3 million for the one of Illinois, of deals that appeared to in- we could highlight on which I am seek- in Collinsville. volve, or may have involved, or the ing to narrow the focus and ultimately Topinka said the hotels are worth only a writers thought involved, political fa- tie all of this back into what is going total of $6.5 million, much less than the $10 voritism. on down in Springfield. million the state will receive. Topinka said

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20755 the Springfield hotel is worth $3 million and had been paid back. In fact, that settle- ‘‘Would I do it again? Never,’’ Cellini said the one in Collinsville is worth $3.5 million. ment that was just described, to my in his first public comments on the hotel ‘‘I didn’t make the (original) deal,’’ she knowledge, never went through. deal. ‘‘Well, never is a long time. Let’s put it said. ‘‘I’m the garbage man trying to clean I will continue reading some articles this way: I’ll never do another one with the up.’’ government. You’re too high-profile, and The loans were to expire in 2010. The state and examining this hotel issue because then everybody comes to these (political) cannot foreclose on the hotels until 1999, and since it is so close to where the pro- conclusions.’ then only if the debts exceed $18 million on posed Lincoln Library site is, I think Not that anyone is suggesting any tag days the Springfield hotel and $19.9 million on the this will give a picture of how this con- for the 60-year-old Cellini. Collinsville one. nects together and why in my mind— He has parlayed his position during the Quinn spent four years trying to get money being familiar with this whole his- 1960s as state transportation secretary under Gov. Richard Ogilvie into influential leases out of the hotel owners, particularly Cellini, tory—red flags were raised. I believed who made millions as the lead investor of and contracts, a role as head of the road- the state’s first riverboat casino, the Alton we were on notice that we needed to do building Illinois Asphalt Pavement Associa- Belle. everything we could to protect tax- tion, and chairmanship of Argosy Gaming Quinn urged the Illinois Gaming Board to payers’ money in the construction of Co., which operates the Alton Belle riverboat revoke the casino license last year unless that proposed Lincoln Library, which casino. Cellini’s stake in the riverboat is Cellini pays off the hotel loan. The board re- is a $120 million project. worth more than $20 million. fused, saying the hotel and casino were sepa- Mr. DORGAN. Will the Senator yield Yet Cellini disputed the perception that the hotel settlement reached in April with rate, state-sanctioned deals. for a question? Cellini is among 80 investors in the Spring- Topinka is a sweetheart deal for himself, the Mr. FITZGERALD. I yield. Renaissance’s 84 other investors, bipartisan field hotel. He could not be reached for com- Mr. DORGAN. I believe I will be rec- ment. B.C. Gitcho, managing partner of the fundraiser Gary Fears and investors in the Collinsville hotel, referred questions to at- ognized following the Senator’s presen- Collinsville Holiday Inn. torney Dan K. Webb, a law partner of tation, but for purposes of timing, how Instead, he said, taxpayers will get about Thompson’s. long does the Senator expect to con- $2 million more than the highest bid offered Webb, who represents both hotels, could tinue speaking? to former state Treasurer Patrick Quinn not be reached for comment. Mr. FITZGERALD. I will speak as when he attempted to shop the two hotel Thompson, a Republican, and Cosentino, a long as I need to make the point on loans last year to other investors. Democrat, made the hotel loans in 1982 under In addition, Cellini said, investors in the this project. I imagine it will be for Springfield hotel put $10.1 million of their the governor’s Build Illinois program, de- quite some time. signed to create economic development and money into launching the project, along jobs. Mr. DORGAN. If I might, the Senator with the state’s $15.5 million loan and a $3.1 Cellini’s group, President Lincoln Hotel certainly has a right to speak for as million federal urban-development grant. Ventures, used the money to build a luxu- long as he chooses once he is recog- Boy, that is interesting. On that loan rious hotel about six blocks from the state nized in the Senate, but for the purpose for that Springfield Renaissance Hotel, Capitol. Fears’ group, Collinsville Hotel. of others who desire to speak on the the investors put in $10 billion of their Venture, built a hotel about 20 miles east of conference report, I am curious if we money, the State loaned $15 million of St. Louis. could get some time frame. State taxpayers’ money, and the Fed- The loans originally had a 12.25 percent in- I am willing to come back to the terest rate. The owners were required to eral Government gave $3.1 million in make mortgage payments only in those Chamber if the Senator will give me an an urban development grant for that quarters in which the hotels made profits. idea of when he might complete his re- hotel. The owners often skipped payments, claim- marks. ‘‘People are saying, ‘This hotel was built ing they made no money in those quarters. Mr. FITZGERALD. All I can say at with all state money. Cellini didn’t put in Before Thompson and Cosentino left office this time—I hope the Senator will ap- anything, and now he’s walking away with in 1991, the loans were restructured with a preciate this—I will need an extended the marbles.’ That isn’t true. We put in al- new interest rate of 6 percent. The interest period of time, and I cannot give a good most as much as the state, for sure $10 mil- was deferred until the principal was paid off. timeframe. You may want to go back lion in cash. And we will never get it back,’’ Since 1982, the state has collected $1.3 mil- Cellini said. lion from the Springfield hotel and $1.4 mil- to your office. The proposed settlement with Topinka has lion from the Collinsville hotel. Mr. DORGAN. Mr. President, that is been put on hold pending review by Atty. a fair answer. Mr. President, there is another arti- Gen. Jim Ryan, another Republican. But I ask if, perhaps 10 minutes before cle on that hotel loan. I point out at under the agreement, Cellini and Renais- the Senator finishes, he would say ‘‘in sance investors would pay the state $3.75 this time the hotel for which that loan conclusion,’’ which would trigger me to million of the $19.8 million they owe. was given, that was built in Spring- come back to the floor. Meanwhile, the Collinsville Holiday Inn field, IL—one of them was for a hotel Mr. FITZGERALD. I will do that. would pay $6.3 million of $20.6 million owed in Springfield, the other for a hotel in to the state. Turning to a June 5, 1995, Chicago Topinka, a Republican who took office in Collinsville, IL. Tribune article, by Rick Pearson, a This is a map of downtown Spring- January, has said the loans were a ‘‘bad in- Tribune staff writer, the headline is: vestment’’ for the state. She also said the field. This is the State capitol where I ‘‘Taxpayers Face a Big Loss on Hotel settlement is the ‘‘best deal’’ she could get used to go when I was a State senator Loans; GOP Insider Denies Political for taxpayers because the properties’ values in Springfield for 6 years. This is the Deal.’’ are depressed. Abraham Lincoln neighborhood. Mr. He has achieved a unique and almost mys- The loans, first made in 1982 by then-Gov. Lincoln’s neighborhood is run by the tical aura as a clout-heavy Republican power James Thompson, a Republican, and then- National Park Service. Abraham Lin- broker, fundraiser and riverboat gambling Treasurer Jerome Cosentino, a Democrat, coln’s home is here. Senator DURBIN captain. originally carried a 12.25 percent interest and I have our Springfield district of- But William Cellini says he doubts he will rate. But Thompson and Cosentino revised the loans in 1988 to require mortgage pay- fices in that neighborhood. It is beau- ever be a hotel developer again. Cellini is at the center of a controversy in- ments only when the hotels were profitable. tifully maintained to look as it did in volving a proposal by state Treasurer Judy Few payments were made. Mr. Lincoln’s era. Baar Topinka to settle $40 million owed to That is interesting. The loan was not Here is the Springfield Convention taxpayers on two hotel loans for $10 million. being fully repaid. Yet in 1998 they re- Center, and next to the Springfield He said he and other investors in the Spring- vised the loan documents so that mort- Convention Center we see the Renais- field Renaissance never made a dime and will gage payments only had to be made sance Springfield Hotel. never see any return. Cellini also maintained that the state has when the hotel was profitable. And As we saw that investor deal, headed then few payments were made. by Mr. William Cellini from Spring- probably recouped the original $120 million lent to developers of the Renaissance, the Shortly before Thompson and Cosentino field, they got that $15 million—I be- Collinsville Holiday Inn and 16 other projects left officein 1991, the loans again were re- lieve was the loan—back in the early because the developers paid 17 percent inter- structured to call for 6 percent interest, with 1980s. There was an attempt to settle est during the construction in the high-in- all payments first applied to principal on the the loan after not much of that money terest period of the early 1980s. debt.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20756 CONGRESSIONAL RECORD—SENATE October 4, 2000 Cellini, who is a general partner of the always get what we want. But I do be- fuel that helps us reduce the harmful Renaissance and owns 1.01 percent of the lieve we should always try our very elements in the air, takes place in the stock, said the original loan, the subsequent best to get what we believe is not only Gulf of Mexico, and the revenues gen- restructuring and the settlement plan were best for our State but best for our Na- erated from those oil and gas wells normal business deals and didn’t involve pol- itics. tion. That is what the CARA Coalition fund the land and water conservation The projects initially were meant to im- represents, a group of Governors, al- bill. prove economic development, but they were most every Governor in the Nation, Another shortcoming of the Interior written down because of market conditions, mayors—almost all of the mayors in bill is that it fails to recognize the con- he said. the Nation, Democrats and Repub- tributions that are made by Louisiana, The lavish Renaissance, five blocks from licans—over 5,000 environmental and Mississippi, and Texas. It does not pro- the Capitol, pays $100,000 a year to help re- business organizations and recreational vide a fair share of those revenues back tire bonds used to build an adjacent city con- organizations throughout this Nation to our States. It does not include vention center. The hotel has a payroll of $2.8 million and pays $1.3 million a year in that have been trying to communicate coastal impact assistance. There is a taxes, he said. to the White House and to the appro- possibility under the agreement with ‘‘It isn’t that this was different or it was priators, both Democrats and Repub- the chairmen of the committees that something that just because of political con- licans, and to the President himself, some of that can possibly be taken care tact there was this discounting,’’ Cellini how important it is to try to take this of in the Commerce-Justice-State bill. said. ‘‘There isn’t a first-class, full-service time, this year—not next year but this We are very hopeful some of that hotel that was built in Chicago from ’85 to year—to lay down a real legacy for the money might become available. today that is not only not paying their mort- environment, something that recog- This plan for an environmental leg- gage loans but I bet you some of them aren’t acy, despite the fact that this may be paying for their operations.’’ nizes the importance of purchasing Cellini also disputed reports from Federal lands when appropriate but taken care of to a small degree in an- Topinka’s office that personal guarantees he also a legacy that realizes how impor- other bill, in the Interior bill, fails to signed on the loan were waived by Thompson tant it is to give some money, not to recognize the contribution made by and Cosentino. Such a waiver would have Federal agencies but to State govern- States that allow offshore oil and gas helpted Cellini when Argosy appeared before ments and to local officials, so Gov- drilling. the Illinois Gaming Board seeking a license ernors and mayors can make plans I have held up this plan many times for the Alton Belle casino. based on their local and State needs. on the floor. This is the ‘‘Coast 2050’’ But aides to Topinka confirmed Friday plan from Louisiana. This is a plan that when the hotel was opened, Cellini sat- I know that you agree with me, Mr. isfied the terms of a construction loan and President—actually, many do in this that says: ‘‘Without bold action now, a was released from his personal guarantee. Chamber—that Washington doesn’t al- national treasure will be lost forever.’’ Cellini also said that while the hotel had ways know best. The CARA Coalition That treasure is the largest expanse of an assessed value of $7 million two years ago, thinks sometimes Washington has good coastal wetlands in North America. the value of the real estate now is only ideas, but we think sometimes States The largest expanse of coastal wetlands slightly more than the $3.7 million value of and Governors and mayors and county in North America is at risk. The CARA the loan that investors have agreed to pay. commissioners have good ideas. Some- Coalition came to Washington to say: Mr. President, I ask unanimous con- times parents who run Little League We do not want all of the money for sent that the Senator from Louisiana Baseball leagues in their communities Louisiana, Mississippi, and Texas. We be recognized at this time, and that I have good ideas. We think volunteers do not even want 50 percent of the be rerecognized upon the completion of in communities have good ideas. But money. We do not even expect 25 per- her remarks and that my rerecognition there are a handful of people who cent of the money. But we think we are count as a continuation of my current think—it is just disturbing to me, and in our right to ask for at least 10 per- speech. I do not understand it—there are some cent of the money that is generated The PRESIDING OFFICER. Is there people here, unfortunately on both from offshore oil and gas revenues to objection? The Chair hears none, and it sides of the aisle, who think the only come back to the coastal States, the is so ordered. decisions that are good come from great coastal areas of our Nation, for The Senator from Louisiana is recog- Washington. So the CARA Coalition restoration. nized. wants to say the Interior bill fails— The coast of Louisiana is home to 2 Ms. LANDRIEU. Mr. President, I fails to take advantage of the partner- million Americans, and the other sta- know the Senator from Illinois has ships that are available at the State tistics are awesome. The ecosystem been on the floor for quite some time and at the local level. contributes nearly 30 percent by weight speaking on an issue about which he In addition, I have to say the Interior of the total commercial fisheries har- obviously feels very strongly and about bill also fails to take into account the vested in the entire Nation. It provides which he is quite knowledgeable and on important contributions that are made wintering habitat for over 70 percent of which he has been going into some de- by the coastal States to this endeavor. migratory waterfowl for the whole Na- tail. Hopefully, it can be worked out, While the amount of money that the tion. And 18 percent of U.S. oil produc- or some accommodations can be made. Interior bill has come up with is over tion, and 24 percent of gas production I am here, actually, to speak about $1 billion in the first year, a good por- come from Louisiana primarily and the an issue that is related to this bill but tion of that money, about half of it, Gulf of Mexico. Our port system ranks is completely different from what my $500 million, actually does not come first in the Nation, and we provide colleague from Illinois has been speak- from the general fund. It comes from commercial outlets for the transpor- ing about. This is about the underlying offshore oil and gas revenues. The mon- tation of goods into this Nation and bill, the Interior appropriations bill, eys we use in this bill that were out- out of this Nation. and about the CARA Coalition, the lined earlier to fund the Land and As a Senator from Louisiana—and I Conservation Reinvestment Act— Water Conservation Fund, which was know Senator BREAUX joins me—I which you yourself have been familiar authorized and established over 30 thought we could expect some recogni- with and were actually very helpful, years ago but never funded to its lev- tion of what the coastal States mean Mr. President, and were supportive els, either at the Federal or the State to this Nation and some recognition of along the way. I thank you for that. I side—that money comes from offshore a coastal impact assistance piece or want to say a few words about the Inte- oil and gas revenues. coastal stewardship piece, which CARA rior appropriations bill and how it falls Those revenues primarily come from had in mind and which this Interior so short of what many of us were hop- the Gulf of Mexico and from Louisiana, bill—although it is recognized, it has ing. Texas, Mississippi, and to some degree moved some of the money over to Com- I realize this is a process; it is a Alabama. The drilling for natural gas, merce—does not recognize in its leg- democratic process. I realize we cannot which is an environmentally friendly acy.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20757 I say for the CARA Coalition that we empty bag. When the mayors look in bill. I would have to say, there are have always believed the legacy that the bag, there is no money—promises, some very good things in this bill. The we are trying to leave is not just about promises, but no money. While this appropriators worked very hard. I interior States; it is about coastal trust fund attempts in a way to put know it is very tough to try to put to- States. It is not just about Federal this in categories, it fails to deliver the gether a bill that can meet the ap- spending and decisions made at the money necessary for the State side and proval of over 500 Members—both in Federal level; it is about decisions the Federal side. the House and in the Senate—rep- made at the local level and at the Let me go into the next category resenting different parties and dif- State level. which talks about State and other con- ferent interests. The underlying bill, while I know it servation programs. It talks about the (Mr. SMITH of New Hampshire as- took some work and it took some ef- cooperative endangered species fund, sumed the chair.) fort and there have been lots of nego- which is important; State wildlife Ms. LANDRIEU. I want to just say tiations at every level, fails in many grants, which basically, according to how much I respect our leader, Senator aspects in terms of what we had hoped the Wildlife Coalition, will never get to BYRD, and the work that he and his for this year. We will continue to hope the States because it will take 3 years staff have put in. But I believe it is im- for it if it is not done in this Congress. to come up with a plan, and then when portant—and I feel compelled as the There is still time. It is unlikely that the States come up with a plan, it will leader of the CARA Coalition in the what we are asking for can be done in take so much longer for it to be ap- Senate—to point out that there are this bill. The conference is closed. We proved, so this $50 million is not really real differences. And those differences do not, under the rules, have an oppor- worth much at this point. really matter to environmental groups, tunity to amend this particular bill, The State wildlife grants, the North to wildlife groups, to coastal impact but there are many other bills moving American wetlands conservation, assistance organizations that are fight- through. There is still action that can science programs, forest legacy, and ing for coastal impact assistance and be taken on the part of the Democratic additional planning inventory and more acknowledgment of the needs of and Republican leadership. The Presi- monitoring, all of those funds have to our coasts. And it matters to parents, dent himself could weigh in more compete in this ‘‘trust fund’’ for lim- to volunteers, and to community orga- strongly and say: Yes, let’s take what ited resources. nizations. we can on lands legacy, but let’s add in Instead of being able to count on So I think that we should be truthful addition to it the CARA legislation. money every year for the endangered and honest—and I am not saying that I will try to explain a few other species fund, instead of being able to people have not been truthful and hon- things about the underlying bill and count on a real State wildlife fund on est, but I do think we have to be very how it falls very short of where we which local officials can count and on clear that while this trust fund could want to be. which preservationists and conserva- potentially be a beginning, it is not Supporters of the underlying bill tionists can count, it is not there. For- nearly where we need to be in terms of claim there is money in this bill for est legacy cannot count on it. The delivering a real legacy for this Nation, conservation programs, and they are chances of funding it are minimal. a legacy of which Republicans can be I will go to something Members can correct. There is even more money proud, a legacy of which Democrats appreciate because they heard so much than was originally budgeted for con- can be proud, a legacy of which this from their mayors. The next category servation programs. The problem is President can be proud. is urban and historic preservation. So I want to take a few minutes, if I that each of the programs have to com- It includes the program we know as could—and I know we have quite a bit pete against each other for limited dol- UPARR. It includes a very popular and of time and no time limit—so I would lars. Unlike CARA, which had the pro- effective program called Historic Pres- like to take a moment to go through grams pretty much clearly defined and ervation. It includes Urban and Com- this large binder here to talk about our moneys attached to each program so munity Forestry and the Youth Con- coalition because there is still time re- that Governors, mayors, and program servation Corps. maining in this session. We do not administrators could count on that They are good programs. The prob- know whether we are going to be in for money, the underlying bill does not lem is, they have to compete for the this week, whether we may be here for allow for that. It allows for competi- same pot of money, fighting among another 2 weeks, or another 3 weeks. tion, for an annual grab-bag approach themselves. We had hoped, and we There are still many serious negotia- every year. Let me give an example. thought, it was time—and we still be- tions going on between the House and In the first category, which is under lieve it is time, the CARA Coalition— the Senate, between congressional ap- the land conservation, preservation, in- to get the environmental community propriators and the White House, on a frastructure improvement trust fund, and the business community and the variety of issues that are important to which is what this bill now calls it—it recreational activists and enthusiasts our Nation. is not lands legacy, it is not CARA, it in this Nation working together. That Some of those issues have to do with is called the land conservation, preser- is what the CARA Coalition represents. health care; some of them have to do vation, infrastructure improvement Instead of fighting over crumbs, in- with education; some of them have to trust fund. There is $539 million in that stead of fighting over very limited do with transportation. So we have fund, but out of that fund, the Federal amounts of money, we were hoping to time. side of land and water and the State build, first, on a relatively small I have come to the floor to try to ex- side of land and water have to compete amount of money but build together. plain, in my remarks, the differences for that $539 million. And as the budget provided, as political between what the Interior bill has laid We heard the distinguished chairman opportunities provided, we were willing down and for what the CARA Coalition from Washington say he had over $1 to come back and wait and be patient was hopeful. billion in requests. He said he had over and get additional moneys for these I also want to point out and add to 1,000 requests totaling over $1 billion. programs. the RECORD this extraordinary coali- That is just requests from the Federal But to force these groups, which have tion that has been supporting this leg- side. If there are $1 billion in requests had to live on so little for so long, to islation, and to ask them to use the every year for the Federal side of land have to compete amongst each other time remaining to call the leadership, and water, and we only have in this bill every year, year in and year out, I Senator LOTT, Senator DASCHLE, and $539 million to fund it, I argue there is think is far less than what we could the President himself, and say thank not going to be anything left for the have done and what we should have you for the work that we have done. State side of land and water. They have done. But let’s not miss this opportunity to been underfunded for 30 years. The We do not probably have the support do better. Let’s not miss this oppor- Governors have been left holding an to defeat this Interior appropriations tunity to do better this year, and to

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20758 CONGRESSIONAL RECORD—SENATE October 4, 2000 hopefully build in the years to come on Again, our partnership has been quite might never get to a real trust fund for what the Conservation and Reinvest- bipartisan in Louisiana. I thank him. the environment for our Nation. I ment Act really envisions for our Na- We have led this effort, but we have think the effort has been worth pur- tion. been joined by many States in the suing and the effort is still worth pur- Since I am a Senator from Louisiana, Union, by many officials from all parts suing. I want to thank this extraordinary list of this Nation. I am not going to ask my colleagues of supporters from Louisiana who are Just for the record, I want to read a to vote against this bill. Some of them registered here in this book. This book few of the groups from the State of may do that for their own reasons. is actually a book of all the States. Mississippi that have been extraor- Senator FITZGERALD and others who There are 5,000 organizations—an un- dinary and helpful in this—and to don’t think there are enough property precedented coalition, of, as I said, thank Senator TRENT LOTT for his sup- rights protections may, for their own Governors, mayors, county officials, port—and to continue to encourage purposes, want to do that. I probably conservation and wildlife organiza- him and our leader, Senator DASCHLE, will cast a vote against the Interior tions, sportsmen’s groups, parks and to find whatever avenues are necessary bill because it falls short of what we recreation advocates, business and in- to build on the good work that has want. dustry groups, historic preservation- been done this year in this regard. But this is a democratic process. We ists, and soccer and youth sports orga- There are actually pages and pages of believe what we are fighting for is in nizations that have called on us to act. supporters from Mississippi. the right direction. We believe the I want them to know that I have I will only read out the very top few, CARA Coalition represents truly a bi- heard their message. I want them to but there are literally—it looks to be partisan effort that can gather the sup- know that 63 Senators have heard their over 200 supporters from Mississippi, port of not only Federal officials but message. I want them to know that the first being Mississippi Heritage State officials. And we believe that Chairman MURKOWSKI and the ranking Trust, Mississippi Department of Wild- this is, in fact, a beginning. There is member, Senator BINGAMAN, have life Fisheries and Parks, Mississippi still time left to build on it. I am hop- heard their message. We want to work Wildlife Federation, the Chapter of ing leaders from other committees of with them in the remaining weeks of Wildlife Society, the Chapter of Amer- the Senate can potentially give some this session, and for as long into the fu- ican Planning Association, the School support, as they have been from the be- ture as it takes to actually get an envi- of Architecture for Mississippi State— ginning, and help as we try to put our ronmental legacy for this country of and I could go on through this—the best foot forward and move ahead on which we can all be proud. city of Hattiesburg, the city of Laurel, this legislation. Let me just say, in this book is a let- the Keep Jackson Beautiful Coalition, I will go over some of the other num- ter to each of the Senators, signed by literally hundreds of organizations in bers in which some of my colleagues anywhere from 50 to literally hundreds Mississippi. may be interested on this particular of organizations in their States, urging For the RECORD, I will recite some of bill. As I said earlier, the basis of them to adopt CARA, the Conservation the organizations from South Dakota CARA was to give guaranteed funding and Reinvestment Act, the principles because the leader has been on our in certain categories for environmental outlined in CARA. side. Both Senator DASCHLE and Sen- programs. Although this trust fund I thank, particularly, from my State ator TIM JOHNSON were so helpful in lays down broad categories, they are of Louisiana, for his extraordinary this effort. We also have pages and not specific enough so that people can leadership, our Secretary of Natural pages of organizations: Governor Bill actually depend on them and States Resources, Jack Caldwell, who works Janklow, the South Dakota Depart- can depend on them. for a Republican Governor, Gov. Mike ment of Game, Fish and Parks, the For instance, under the land acquisi- Foster. In our State this has truly been South Dakota Parks and Recreation tion part of this bill, let’s say for Ari- a bipartisan effort. Association, the South Dakota Con- zona, in this conference committee re- I thank our Louisiana Wildlife Fed- servation Officers Association, Beadle port there are about $15 million for eration; the Coalition to Restore County Master Gardeners, the Beadle land acquisition. Under the CARA pro- Coastal Louisiana, which produced this County Sportsmen’s Club, the Optimist posal, as compromised between the extraordinary document, for their Club of Huron. Throughout their entire House and Senate, Arizona would have work and help and advice through this State, from mayors to elected officials received and could have counted on ap- process. to conservation organizations, they proximately $47 million each year. I thank our Lieutenant Governor, have let their voice be heard. I want Arkansas—and Senator LINCOLN has who is a colleague of mine, and a good the South Dakota supporters to know been an outstanding supporter of friend, Kathleen Blanco, and her Office that their leader has heard them, has CARA—under the land portion of this of State Parks. been supportive, and has been very bill actually gets zero money. This is I particularly thank the Louisiana helpful. legislation for billions of dollars that Chapter of the Sierra Club that spoke I also thank our House colleagues: are earmarked for other places, but out early in support of this effort. Chairman YOUNG from Alaska; the under this trust fund concept, Arkan- I thank the Louisiana Legislature ranking member, GEORGE MILLER of sas gets actually zero. Under CARA, that was the first legislative body in California; JOHN DINGELL of Michigan, they would have a guarantee of $14.9 the Nation to adopt a resolution in who has been an outstanding advocate million. favor of the Conservation Reinvest- for CARA; from my State particularly, Colorado in this bill has $5.3 million. ment Act. And many State legislatures BILLY TAUZIN, who represents south Under CARA, they would have $46 mil- around our Nation have followed that Louisiana and is an excellent supporter lion each year for the State PILT, for show of support. of CARA; and CHRIS JOHN, who has payment in lieu of taxes, for land ac- Almost every elected official in our been very helpful, a member of the quisition at the State level, not di- State—particularly, I want to single committee in the House. We have had a rected by Federal agencies but at the out Mayor Marc Morial, the mayor of coalition of Senators and House Mem- State level. They would have had New Orleans, who will be leading the bers, of elected officials around the Na- money for historic preservation and for U.S. Conference of Mayors next year as tion. urban parks for cities such as Denver chairman and a leading member of that Since the session is not over yet, our and others in Colorado. organization, for his outstanding advo- fight is not over. We recognize that we Connecticut has $1.6 million approxi- cacy for UPARR and for other portions can’t have everything we have asked mately. They would have had $17 mil- of the CARA legislation. for, but we recognize that we would lion of guaranteed funding. I thank Jefferson Parish President never get anywhere if we didn’t ask. If Delaware has $1.3 million; under Tim Coulon, who is a Republican. we had not put this effort forward, we CARA, $14 million.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20759 Georgia, which, according to our yield back my time, if I am able to, to fited from the formula that would have records, has about $650,000 for land ac- Senator FITZGERALD, who continues to acknowledged that and tried to, in quisition projects, would have had $32 want time on the floor. We can check some ways, make them whole by im- million under the Conservation and Re- with Senator FITZGERALD. proving their PILT payments. They investment Act. Mr. President, I will continue to read would get $38 million under CARA; in- Hawaii, which has $2 million in this some of this into the RECORD. stead, they get $2 million. bill, would have counted on about $29 Iowa, for instance, is the only State New Hampshire, a small State but a million a year. of the Union to date that has not re- very important State, under this bill Idaho, which has about $7.5 million, ceived any money from the Land and gets $3.6 million; under CARA, the would have gotten $39 million a year, Water Conservation Fund in 30 years, total it would have received is $17 mil- primarily in PILT payments, some on as the records will reflect. This year, lion. the State side of land and water, and Iowa has $600,000. Under CARA, we New Jersey, the Garden State, with a some in other areas. could have made a commitment of ap- Republican Governor whom I admire a Illinois, which is a large State, a very proximately $11 million per year. good deal, Governor Whitman, just important State in our Nation, and one Kansas—and Senator ROBERTS has passed—and I am sure with Democratic of the most populated States, under been a terrific supporter of CARA, and help—a bond issue to provide over a this trust fund has zero money allo- I am appreciative of his support, par- billion dollars for Saving Open Spaces cated for this year but would have had ticularly for the wildlife portion of our in New Jersey. They are one of the $38 million every year under CARA. bill—gets zero in the trust fund for this most populated States and are trying Indiana has $3.8 million, as opposed year. Kansas would have gotten about to preserve the farmland they have left to our proposal for $25 million. $11.9 million under CARA. and the green spaces. That is very im- As I read through some of these num- Kentucky, $2.5 million; $15 million portant to many people along the east bers—I would like to read through under CARA. coast, the west coast, the interior, and them all for all the States—let me say Maine, $1 million under this bill for the coastal communities. They passed that the underlying bill on the trust this year; $31.9 million would have been a billion dollar, multiyear effort. I be- fund has approximately the same directed to Maine under the CARA pro- lieve, and the CARA coalition believes, amount of money the CARA Coalition posal. we should try to match that effort. In- desired. Maryland, which sits on the shores of stead, under this bill, we have given Our coalition wants to be respectful the great Chesapeake Bay—an area New Jersey $2 million. CARA would and appreciative of budget constraints. that deserves, in my opinion, a great have provided them a $40 million part- We recognize there are a great many deal more attention, and the local offi- nership every year. needs in this Nation, from support for cials in the various States around the New Mexico—and Senator BINGAMAN teachers and schools to support for Chesapeake have done a wonderful job, has been an outspoken advocate and a health care, to the lockbox for Social and there has been much help from the ranking member on our side—gets $4.7 Security and Medicare. We have exam- Federal level, but we can still do more million. It would be $44.9 million under ined the state of the budget. But we be- to protect that important ecosystem in CARA. lieve we could have spent and still be- our Nation—Maryland gets $1.2 mil- I know my time is going to be run- lieve that half of 1 percent of the sur- lion. Under CARA, they would have ning short. In a moment, I will be pre- plus for an environmental trust fund gotten $28 million a year. pared to yield my time back to Senator that we could count on year in and Massachusetts, about $1.5 million; FITZGERALD, who had the floor. I was year out was not too much to ask for. under CARA, $35 million. taking some time from him. I say to In fact, the appropriators have basi- Michigan, $1.1 million; under CARA, our floor leader, I will yield back some cally agreed with that concept because $42 million. time to Senator FITZGERALD. that is the amount of money they have Minnesota, $2.8 million; under CARA, The PRESIDING OFFICER. Under actually put in this bill. $29 million. the previous order, the Senator from Il- The problem is, the framework they Missouri, $3.5 million; under CARA, linois is recognized. put in forces organizations to compete $26.2 million. Mr. REID. Parliamentary inquiry, year in and year out, not being able to Montana, $6.5 million; under CARA, Mr. President. depend on money. It well underfunds $47.8 million. The PRESIDING OFFICER. Does the PILT, payment in lieu of taxes, which Nebraska—and Senator KERREY has Senator yield for that purpose? is so important to our Western States. been a wonderful supporter and very Mr. FITZGERALD. Yes, for a ques- The underlying bill gives all of the helpful in terms of arguing that States tion. money, or 85 percent of it or more, to and local governments should have a Mr. REID. I just have a parliamen- Federal agencies and shortchanges our say as we divide this money annually tary inquiry. The Senator would not Governors and our mayors and our and should be able to count on some- lose the floor. I have a question to ask local elected officials. And it does not thing and not have to wait until Octo- the Chair. fund, as clearly as it should, some of ber, which costs the taxpayers more Is the parliamentary situation that the other important programs we have and which is difficult at the State the Senator from Illinois has the floor? outlined as authorizers in our com- level. Nebraska has a grand total of The PRESIDING OFFICER. That is promise between the House and the $400,000 for the Land and Water Con- correct. Senate. servation Fund. Under CARA, they The Senator from Illinois is recog- (Mr. GREGG assumed the chair.) would have gotten about $14.5 million. nized. Mr. REID. Would the Senator yield Nevada, which is the State of my Mr. FITZGERALD. Mr. President, I for a question? good colleague, Senator REID, got $2 am going to continue speaking about Ms. LANDRIEU. Yes, if I may retain million. CARA would have brought this $120 million proposed Abraham the floor. them $37 million. A lot of that money Lincoln Library in Illinois. I realize my Mr. REID. I ask my friend, we have would have been for PILT payments be- colleague from Idaho wishes to be rec- Senator DORGAN, Senator CRAIG, and cause the Senator represents a State ognized. What I am going to ask is others wishing to speak. No one wants where the Federal Government owns 92 unanimous consent that the Senator to take away the time the Senator de- percent of the land. from Idaho be recognized for 10 min- serves on this issue. Can she give us an So it is our obligation to provide utes at this time and that I then be re- idea of how much time she is going to money for those local units in Nevada recognized. take? which lose revenues when the Federal Mr. REID. Mr. President, reserving Ms. LANDRIEU. I will take probably Government takes over land from the the right to object, the reason I say another 10 minutes, and then I will private sector. They would have bene- that is, there is a unanimous consent

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20760 CONGRESSIONAL RECORD—SENATE October 4, 2000 agreement already in effect, and the and some of the red flags that have oc- Mr. CRAIG. Mr. President, I thank Senator from North Dakota wishes to curred to me with this project. both Senators and the Senator from Il- speak as well. I object. I spent 6 years in the Illinois State linois for yielding. It certainly was his The PRESIDING OFFICER. Objec- Senate in Springfield. I have a pretty prerogative not to yield because he tion is heard. good idea of how State government op- controls the time, and I appreciate The Senator from Illinois has the erates. I am familiar with many of the that, and the Senator from Nevada for floor. people who are involved with this accommodating me and working out Mr. FITZGERALD. Continuing on, project. After taking a very close look the differences. Mr. President, to bring the Senate at the project, it originally started out Mr. CRAIG. Mr. President, I had back up to date, we are talking about as a $40 million project, then went to a hoped that I would be able to respond a proposed Abraham Lincoln Library in $60 million project. At one time they in part while the Senator from Lou- downtown Springfield, IL, that would were talking about a $140-something isiana was on the floor speaking about cost approximately $120 million. million project; now it is back down to her concerns about the CARA legisla- The library would be one of the most a $115 million or a $120 million project. tion. She certainly has made every ef- expensive buildings in the city of They are seeking $50 million from the fort to move that legislation, which is Springfield. The estimated value of the State of Illinois, $50 million from the important to her State. State capitol in Springfield is, I be- Federal Government, and $10 million in Both the Senator from Louisiana and lieve, $78 million, in inflation-adjusted essentially tax breaks from the city of I serve on the Energy and Natural Re- dollars. This library would be approxi- Springfield, and possibly the contribu- sources Committee on which that legis- mately half the size of the State cap- tion of some land. lation was formed. She has always been itol, but it is a substantial building. It They are, in addition, creating a not- courteous. We have worked closely to- is also going to be very close to the for-profit corporation that was filed gether on the issue. Renaissance Springfield Hotel, which with the office of the Illinois secretary I could not and do not support CARA we have been examining in detail this of state in June of this year. They have as it is currently crafted and as it was afternoon. recently made, are making, or have voted out of the Energy and Natural The reason I am concerned or have made—it is not clear which—a request Resources Committee. I said very early an objection to the conference com- to become registered as an official on to the citizens of my State and to mittee report now before the Senate is charity. They could solicit and retain my colleagues on that committee that that the conference committee report contributions for the Lincoln Library I would strongly oppose any bill that authorizes $50 million in Federal fund- Foundation. They have set an ambi- created a Federal entitlement that al- ing for the Abraham Lincoln site but tious goal for the foundation of raising lowed the Federal Government to own does not carry the requirement that somewhere in the neighborhood of $50 more of the State of Idaho. The Federal passed out of the Senate that the or $55 million. Government already owns nearly 64 project be competitively bid in accord- I received from published reports percent of my State. And this year you ance with Federal law. Instead, it that the foundation’s board of directors watched Federal forests in my State appear to be Mrs. Julie Cellini, who is would appear the money that is au- burn, with tremendous fire and heat, the head of the Illinois Historic Preser- thorized in the conference committee causing the destruction of the environ- vation Agency, and Mrs. Laura Ryan, report—instead of having a competi- ment and resources. My State forests the first lady of the State of Illinois. tive bid requirement, it says that the did not burn. The private forests in Mr. REID. Mr. President, will my $50 million is authorized to go to an en- Idaho did not burn because they were friend from Illinois yield for a question tity that will be selected later which managed. They were thinned. They are without losing his right to the floor? would design and construct the library. Mr. FITZGERALD. I yield for a ques- healthy, growing, dynamic forests that The language does not make clear tion. provide marvelous habitat and quality that the entity would be a govern- Mr. REID. The Senator from Illinois water to our streams, to our fisheries, mental entity. It is possible, based on has the floor. The Senator from North and to the life-style of my beautiful reading the conference report, that the Dakota, under a unanimous consent State. $50 million could be channeled to pri- agreement, has a right to speak when Two weeks ago, I was in a helicopter vate sources. Presumably, that would the Senator finishes. The Senator from flying over the nearly 1.2 million acres not happen however. Presumably, the Idaho wishes to speak for 10 minutes. I of charred national forests in my money would be given to the State of am wondering if the Senator from Illi- State—charred almost to a point of Illinois. nois would agree that Senator CRAIG nonrecognition. It will take a decade or We have reviewed what would happen could speak now for 10 minutes, with more for the natural environment to if the money were given to the State of the Senator from Illinois retaining his begin to return. That could have been Illinois, how the State of Illinois would right to the floor, and at such time as avoided to some degree, if the Forest award construction contracts. Presum- Senator DORGAN comes to the floor we Service and its management had not ably, the State of Illinois would turn allow him to speak for up to 20 min- become an agency of benign neglect, the project over to its Capital Develop- utes. which had simply turned its back on ment Board. We reviewed and exam- Mr. FITZGERALD. I would go along these living environments, and had ined earlier today a giant loophole in with that as long as I could be recog- helped Mother Nature to improve them the Capital Development Board—the nized upon the completion of the re- in a way that they would not have statute on procurement that governs marks of the Senator from Idaho and burned in such a catastrophic fashion. the Capital Development Board. They upon the completion of the remarks of The reason I say that is because have a right to opt out of competitive Senator DORGAN, and that my recogni- many want the Federal Government to bidding. Apparently, in the statute, tion would count as a continuation of own more land. Somehow the Federal they can just decide they are not going the speech I am now delivering on the Government’s ownership has in some to have competitive sealed bids on the Senate floor. people’s minds become synonymous project. Mr. REID. That was the intent of the with quality environment. That is sim- That loophole gives me pause for the unanimous consent request. ply not true today. reason that I thought we ought to have The PRESIDING OFFICER. Without Nearly 40 million acres of national a tighter set of restrictions. I proposed objection, it is so ordered. forest land are in a dead or dying con- an amendment that would require that Mr. REID. As I understand it, the dition—bug-infested, overpopulated the Federal competitive bid guidelines Senator from Idaho is now going to be with trees, and as a result drought be attached to the project. I think that recognized for 10 minutes. stricken, with the health of the trees would take care of the problem. We are The PRESIDING OFFICER. The Sen- declining and the health of the forests examining in detail the concerns I have ator from Idaho. faltering.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20761 Is that a way to manage lands? No, it what we do in this bill is answer the We have addressed a lot of the prob- isn’t. The Senator from Louisiana problems or concerns of the Senator lems. I hope my colleagues will join in knows that. She knows my strong op- from Louisiana. I think it probably supporting the passage of the Interior position to additional ownership of isn’t. appropriations conference report. Federal property in my State. She But I will say it is no longer an enti- I yield the floor. worked with me. She worked with me tlement. It is not automatic for 15 The PRESIDING OFFICER. The Sen- very closely to try to change that years. We do not give this administra- ator from Illinois. equation, and we simply could not get tion or any future administration half Mr. FITZGERALD. Mr. President, re- that done. a billion worth of cash a year to go out viewing again the proposed Abraham That is why we did something dif- and buy more and more land to turn Lincoln Library in Springfield, IL, I ferent in this Interior appropriations into forest fires or dying habitat for emphasize the magnitude of the bill. It is not CARA and it is not land wildlife because they won’t actively project. It is a proposed $120 million legacy, but it does recognize the impor- manage it and care for it. project. It started as a $40 million tance of spending money for certain re- There is a lot of money in here to project, went up to $60 million, and source values, for certain wildlife habi- help our national parks. There is now it is at $120 million. At one time, tat values, for certain coastal needs of money for urban parks. There is money it was up to $140 million. the kind the Senator from Louisiana for coastal acquisitions. There is a Reviewing the cost of other impor- has for the general well-being of the great deal of money—$1.8 billion, near- tant buildings in the city of Spring- environment with moneys coming from ly $2 billion worth. A chart shows it field, the estimated cost, adjusted for offshore oil royalties, many of them ratchets it up over the next number of inflation: generated in the gulf south of her State years to nearly $2.4 billion. It is not as The State capitol building built in and out into the ocean beyond Lou- originally envisioned by the CARA Co- 1868 to 1888, $70 million. isiana. On that, she and I do not dis- alition, but it is a great deal of what The Willard Ice Building, I believe agree. But I will continue to be a they asked for. for the State Department of Revenue, a strong opponent of an attitude or a Ms. LANDRIEU. Will the Senator very large State office building built in yield for clarification? philosophy and an effort to fund an at- 1981 to 1984, took 3 years to construct, Mr. CRAIG. I have very limited time. titude and a philosophy that somehow $70 million; I apologize. The Prairie Capitol Convention Cen- if the Federal Government owns the I am not in any way—how do I say ter, a large convention center, built in land, it is going to be better protected. this—taking offense at what the Sen- 1975 to 1979, $60 million. In my State of Idaho, because nearly 64 ator from Louisiana has said. We have This Abraham Lincoln Library will percent is owned by the Federal Gov- worked very closely on this issue. She be one of the largest, most important ernment, they also dictate the econ- and I held fundamental disagreement buildings in the city of Springfield. I omy of my State. on one portion of the bill. I made an ef- am supporting the project. However, I Today we had a hearing in the Small fort to change that. I made an effort to want the city of Springfield to get a Business Committee about the impact have no net gain of Federal lands in $120 million library out of the project, of forest policies on all of the small the States. Willing seller, willing not a $50 million library that just hap- communities of my State. I chair the buyer—all of those kinds of things we pens to cost $120 million. Forestry Subcommittee of this Senate. worked to get. We couldn’t get them. We have held over 100 hearings since So I have fought, as other colleagues It is for that reason I have tried, and 1996 examining the character of deci- have fought, not to allow CARA to the Senate has tried, to insist that the sion-making in the U.S. Forest Service come to the floor this year for a vote. project be competitively bid. The Sen- and that they ignore small business Let me talk more about something ate has gone on record with the legisla- today, and they turn their back on else before my time is up. I mentioned tion that cleared the full Senate last small communities that adjoin those that nearly 1.2 million acres of Federal night, unanimously requiring, with our forests. land burned in my State this year, authorization of $50 million for this Is it any wonder why nearly all of beautiful forested land that was in project, that the Federal rules of com- those small communities in Idaho and trouble environmentally, and when petitive bidding, which are set forth in across the Nation today associated Mother Nature came along and struck this volume and are very extensive, with public forests have 14 and 15 per- with her violence, it all went up in very well thought out, were worked on cent unemployment while the rest of smoke. by then-Senator Bill Cohen from our country flourishes because of the There is a lot of money in this bill to Maine, now the Secretary of Defense— high-tech economy? No. It is quite ob- begin to deal with those problems, a a lot of thought has gone into these vious that is what is happening because great deal of money in this bill to pay rules. A lot of refinements have been this Government and this administra- off the fire expenditures that are nat- made over many years. They have had tion have locked the door on the U.S. ural to do so. A lot of this money is to to correct problems, and they have forested land and turned their back and pay back the expenses that were in- gone back to them repeatedly. walked away. With that, thousands of curred this year, the millions and mil- It has been a great focus of many jobs and 45,000 schoolchildren in rural lions of dollars spent each day for near- Senators and Congresspeople in Wash- schools across the Nation are deprived ly 60 days across this country during ington. The intent of the Federal rules of the money that would have come to the peak of the fire season when the is to try to eliminate political favor- them by an active management plan of skies of Idaho were gray to black, as it itism in the awarding of construction the U.S. Forest Service because of was true in other States across this Na- contracts. The House has now in the long-term policies that allowed coun- tion. There is a lot of money in this conference committee, with provisions ties and school districts to share in bill for that purpose. they have inserted into the conference those revenues. There is also additional money in committee, the same authorization I can’t stand here as someone rep- this bill, new language, and new policy, that the Senate has backed. However, resenting the State of Idaho and say: on which Senator DOMENICI of New they struck the language requiring Give the Federal Government more Mexico and I worked with a lot of oth- that Federal competitive bidding money to buy more land in the State of ers, to try to create an active manage- guidelines be followed. Idaho to make it Federal. I can’t do ment scheme that will allow in areas The money is supposed to go to an that in good conscience, and I won’t. where there are now urban dwellers— entity that will be selected later. It is I am joined with my western col- we call it the urban wildland inter- not clear exactly to whom the $50 mil- leagues to tell the Senator from Lou- face—which I will come back to. lion taxpayer money will go. It is in- isiana, somehow it has to be done dif- I thank my colleague from Illinois teresting that Washington passes legis- ferently. I am not going to suggest for yielding. This is an important bill. lation sending out the money without

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 20762 CONGRESSIONAL RECORD—SENATE October 4, 2000 saying to whom it is going; that is ders by what criteria they are going to paid. I believe there is still a substan- what this provision does. One would judge the bids and make awards, but tial outstanding balance. We have, think we would be more careful with they are not going to tell you what thus, in that manner, begun laying be- the taxpayer money and we would weight they assign to the various cri- fore the Senate the context in which know—at least for sure it would be teria. my deep concern arises by the loose au- nailed down in law—who was getting The problem with that is that it is thorizing language in the conference the money. Presumably the money like trying to pin keylime pie to the committee report before the Senate. would wind up in the hands of the wall. You can come in with the low bid Now, we read the article ‘‘Taxpayers State of Illinois, and if it wound up in and the State can say we gave more Stuck With $30 Million Hotel Tab.’’ I the State of Illinois, they would prob- weight, actually, to the experience of want to turn to an article that ap- ably give it to their Illinois Capital De- this other bid. It costs a little bit peared in the Chicago Sun Times on velopment Board for the Illinois Cap- more, but we give more weight to their October 6, 1996. It is an article by Tim ital Development Board to construct experience, or vice versa; they could al- Novak, Chuck Neubauer, and Dave the project in accordance with the Illi- most always rationalize the acceptance McKinney. If I may read this article, nois procurement code. of any bid after the fact and make it the headline is: Reviewing for the Senators who have very hard to challenge a decision by Cellini State Capitol’s Quiet Captain of just arrived, the Illinois procurement the State to not accept your bid. Of Clout; Dealmaker Built Empire Working in code was at one time one of the weak- course, in contrast, the Federal code in Background. est, perhaps, in the country. It was that regard is markedly superior. It Outside the state Capitol, William Cellini strengthened a few years ago, in late does a much better job at limiting the is just another businessman. 1997. I think changes were made for the discretion of the procurement officers Inside, Cellini is one of the most powerful people in state government, a man who has better. I supported legislation—I be- and it does that by requiring that built a personal empire worth at least $50 lieve it was H.R. 1633—that strength- sealed bid solicitations disclose in ad- million through his ties to the governor’s of- ened those guidelines. When we started vance all significant bid evaluation fice dating back to 1968. to look and study in a more detailed factors and the relative importance of This 62-year-old son of a Springfield police- manner how the Federal money would each factor and whether nonprice fac- man is perhaps the most feared, respected go, and considered what would happen tors, when combined, will be accorded and invisible man in those halls of power. if it went to the State Capital Develop- more, equal, or less weight than price. He’s played the system brilliantly—and le- Of course, the State rules, which do gally. ment Board, we looked carefully at the Cellini has never run for state office, but State’s procurement code and a couple not require the relative importance for he’s helped run state offices—reviewing of glitches popped out at us. weight of the factors to be disclosed, choices for the governor’s Cabinet, getting I want to review those glitches. The would allow a purchasing officer to scores of people state jobs and at one time State’s position on this is that if the pick any bid he wants and explain his even approving all federal appointments in money goes to the Capital Develop- decision by saying the one factor for Illinois. ment Board and they build the library, which that bid was better was the most His unique access has put him in position they have to, under their law, use com- important factor, and any decision for a staggering succession of state-financed could be rationalized after the fact. It deals. petitive bidding. It turns out, however, He is an owner of the state’s first riverboat that contrary to the Capital Develop- would be very hard to challenge any casino. He got state money to build a money- ment Board’s assertions, in fact, a con- award the State made. losing luxury hotel where he throws fund- tradiction appears in the statute gov- Perhaps that could be why, after raisers for Gov. Edgar. He got state funds to erning the Capital Development Board. there have been so many articles and build 1,791 apartments in Chicago, the sub- The portion of the procurement code investigative reports written about urbs and Downstate. He manages offices that that governs the Capital Board is seemingly, on their face, exorbitant he developed for state agencies. He invests 30.I.L.C.S.5500/30-a. It says: rents or prices on projects, that you pension funds for state teachers. And that is just part of his empire. Other methods. The Capital Development don’t actually have much of a chal- lenge or any history of prosecutions on But most of all Cellini has had clout with Board shall establish by rule construction Illinois governors starting with Richard purchases that may be made without com- that. So I feel the State code really is Ogilvie through James Thompson and now petitive sealed bidding and the most com- deficient in those two key respects. I Edgar. petitive alternate method of source selection feel the Senate did the right thing by that shall be used. Keep in mind, this is an article from attaching a requirement that the Fed- 1996. George Ryan is the current Gov- That is a great big loophole in the eral competitive bidding guidelines at- ernor of Illinois. Reading again from Capital Development Board procure- tach to the project. There is greater the article: ment code. Thus, there is the possi- protection for the taxpayers if we do bility that if we give this money to the that. And those relationships have been mutu- State and do not attach the Federal ally profitable: the Governors got cash for We have reviewed the history of their campaigns and Cellini became a multi- competitive bidding guidelines, the projects in Springfield. We talked millionaire. State could simply opt out of competi- about a State loan given to a partner- ‘‘I can’t recall someone similar to Bill tively bidding the project. ship that constructed the Springfield Cellini having that access. And for that long That troubled me greatly, given the Renaissance Hotel. That hotel is lo- as well,’’ said Donald Totten, the magnitude of the project and given a cated close to where the Abraham Lin- Schaumburg Township Republican com- long history in Illinois of what I would coln Library is proposed to be. We mitteeman who was President Reagan’s Mid- say is a fairly acute problem with pro- talked about some of the problems that west coordinator. curement contracts—in construction ‘‘He seems to always have the ears of gov- have arisen from time to time in the ernors, which are always the most powerful and in leasing, particularly. It occurred State of Illinois. My goal here is to try people in government,’’ Totten said. to me that we needed tighter safe- to tighten the law so we are not setting ‘‘Thompson-Cellini, Ogilvie-Cellini. Edgar’s guards. the table for another problem to occur got his sister on in a major job, so he has in- There is another general problem I with this project, which is, after all, fluence there.’’ addressed earlier with the State pro- being built as a monument to ‘‘Honest Cellini’s sister Janis is Edgar’s patronage curement code, and that is in advance Abe’’ Lincoln, perhaps the greatest director, in charge of hiring people for the of bidding, even when they do opt to President in history. We want to make highest level jobs. Both Cellinis accompanied competitively bid, they don’t have to Edgar on a two-week trade mission to Asia sure the taxpayers get the value of all last month. tell the bidders what weight and rel- the resources they are contributing. Cellini has clout. But money is the founda- ative importance they are going to at- We have reviewed how the State pre- tion of his far-reaching empire. Specifically, tach to the various criteria they must viously gave out loans to build the ho- his ability to raise cash—primarily from set forth. The State must tell the bid- tels. Those loans were never fully re- road builders—while rarely giving any of his

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.000 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20763 own money. Cellini raises hundreds of thou- Altorfer, a Peoria businessman who hired Mr. DORGAN. Mr. President, I won- sands of dollars, mainly for those Repub- Cellini to manage his campaign for governor der if the Senator from Illinois will licans, primarily candidates for governor, in 1968. yield at this point. but also for those seeking the White House Cellini (pronounced, Suh-LEE-nee), a Mr. FITZGERALD. I will yield for a like Gerald Ford, Ronald Reagan, George former high school physics teacher, was in Bush and Bob Dole. his early 30s and building a reputation as a question. Throughout it all, Cellini has been granted Downstate power while serving his second Mr. DORGAN. Mr. President, my un- extraordinary powers, clout that elected offi- term on Springfield’s City Council. Altorfer derstanding from the colloquy with the cials usually reserve for themselves. said he thought Cellini could deliver Senator from Nevada is that the Sen- When Edgar took office, Cellini inter- Downstate votes and help him win the Re- ator from Illinois indicated he would viewed candidates for the Cabinet and made publican nomination for governor in a four- yield to me for 20 minutes without him recommendations—particularly for state de- way race that included Cook County Board losing the continuity of his presen- partments that do business with Cellini’s President Richard Ogilvie. tation and with the stipulation he be companies. Cellini ‘‘was very energetic and had a lot of recognized upon the completion of my ‘‘The reason he’s involved in Cabinet selec- ideas,’’ said Altorfer, who now lives in Ari- tions is Bill Cellini has seen more Cabinet zona. ‘‘He worked very hard for me until I remarks. members come and go. He has good instincts lost.’’ Mr. FITZGERALD. Mr. President, I about what it takes to be a good Cabinet Altorfer beat Ogilvie in the Downstate ask unanimous consent that the Sen- member,’’ said state Sen. Kirk Dillard (R– counties, but Ogilvie carried Cook County ator from North Dakota now be recog- Hinsdale), who spent three years as Edgar’s and won the primary. Ogilvie brought Cellini nized for 20 minutes and that I be re- first chief of staff. along to garner Downstate support, a move recognized upon the completion of his Cellini has also spent nearly 30 years help- that has left Altorfer with lingering sus- remarks and that my rerecognition ing scores of people get jobs in state agen- picions. cies, creating what some call a patronage count as a further continuation of the ‘‘Some of my friends came to me and said, speech I began earlier today. army more loyal to Cellini than any gov- ‘Do you think Bill was secretly working for ernor. Ogilvie?’ ’’ Altorfer said. ‘‘Ogilvie had inside The PRESIDING OFFICER (Mr. ‘‘He probably knows more people in state information about my campaign and I wasn’t CRAPO). Without objection, it is so or- government that I do,’’ Thompson told the sure where it came from. dered. The Senator from North Dakota. Sun-Times in 1990 as he was winding down ‘‘The only person who worked for me who Mr. DORGAN. Mr. President, I want his 14 years as governor. received anything was Bill Cellini,’’ Altorfer to say a few words about the Interior Cellini’s clout has gone all the way to the said. ‘‘I have to believe he was being repaid. White House based on letters and memos conference report which is before the I thought he had loyalties to two people, me from the Gerald R. Ford Library. Under Senate, but first I want to make some and Ogilvie.’’ President Ford, Cellini was in charge of all brief comments on a bill called CARA, Altorfer ‘‘didn’t lose because of Cellini,’’ federal appointments in Illinois, according the Conversation and Reinvestment said Thomas Drennan, a political advisor to to a letter from Don ‘‘Doc’’ Adams, a long- Ogilvie. ‘‘Cellini beat our brains out’’ in the Act. time Cellini friend who was chairman of the primary. My colleague from the State of Lou- Illinois Republican Party when Ford was ‘‘He was just an excellent organizer,’’ isiana and other colleagues from the president. State of Florida and many other areas ‘‘As you know Bill Cellini is the man we’ve Drennan said. ‘‘He was like a good precinct designated to coordinate Federal and State captain, but countywide.’’ of the country feel, as I do, that it is Ogilvie was elected governor and he picked appointments for the state of Illinois,’’ very important for us to try to finish Cellini to become the state’s public works di- Adams wrote in 1976 to Ford’s personnel di- this important bill before we finish our rector, overseeing construction of the inter- rector, Douglas Bennett. work this year. ‘‘If Doc Adams is telling the White House state highway system that had started in the CARA is a bill dealing with conserva- that Bill Cellini is the guy to go to in Illinois 1950s. Cellini, who was 34, had experience with tion, preservation, and reinvestment in . . . Bill is operating as a political boss with- road construction, having served as Spring- our natural resources, wildlife, parks, out having to be an elected official,’’ said a field’s streets commissioner while on the and public lands. We struggled to bring longtime Republican who requested anonym- City Council and as a member of the Roads ity. that out of the Energy Committee It’s hard to find people, Republican or and Bridges Committee when he was on the under the leadership of Senator MUR- Democrat, willing to talk about Cellini and Sangamon County Board. KOWSKI. My hope is, before this Con- Cellini adds to the intrigue by shunning the Cellini rose quickly under Ogilvie. Cellini gress adjourns, we will have the oppor- headed a task force that created the Illinois spotlight. tunity to pass it through the Senate Cellini ignored numerous requests from the Department of Transportation and he be- came the first director, overseeing a $1.6 bil- and find a way to have the House of Chicago Sun-Times to discuss his empire and Representatives work with us to accept power. Over the past few years, Cellini has lion budget and 10,000 employees. His $40,000 placed many of his financial holdings in salary was second only to Ogilvie’s. it so it can become law. It is a very im- trusts to benefit his son, William Jr., 27, and Cellini was also chosen to head other com- portant piece of legislation. daughter, Claudia, 22. mittees. One pushed for extending the rapid Mr. President, let me say a kind word transit line to O’Hare Airport. Another about my colleague from the State of Keep in mind this article is from 1996. pushed for building the Deep Tunnel, the on- Often referred to as a Downstate Repub- Washington, Senator GORTON, and also going public works project to relieve flood- my colleague from West Virginia, Sen- lican powerbroker, Cellini has numerous ing in Cook County. business deals in Chicago and the suburbs, ‘‘He expanded his influence when he was ator BYRD. often working with businessmen allied with secretary of transportation,’’ said Totten, I come to the floor to talk about this Democrats such as Mayor Daley. who was a transportation deputy under conference report. I am on the Interior Cellini spends so much time in Chicago Cellini. ‘‘He was a very powerful, behind-the- Subcommittee. I have told my two col- that he bought a $594,000 condo on Michigan scenes politician in Springfield. And he still leagues before—the chairman and the Avenue in 1993 without a mortgage. He also is.’’ ranking member—that I think they has a $325,000 home without a mortgage in an Road construction boomed under Cellini elite Springfield neighborhood. It’s a long have done an awfully good job. This is and Ogilvie, but so did allegations of collu- not easy work. It is hard work, trying way from the Springfield duplex he and his sion among road builders seeking to cash in wife, Julie, shared when he went to work for on the work. A handful of road builders were to fit unlimited wants into limited re- Ogilvie in 1969. convicted in the federal probe and tempo- sources. How do you do all of that? You ‘‘There’s no doubt he’s probably done pret- rarily suspended from getting any more fed- have to make choices. Sometimes the ty well,’’ Edgar said. ‘‘But there are a lot of erally funded highway projects. choices are hard and painful, but you people who have made money off state gov- The probe included accusations that have to make choices. ernment who have never been involved in Cellini’s top deputies used IDOT helicopters While I would like to see more in- politics . . . who have never worked a pre- to swoop down on construction sites to pick cinct or helped a candidate. vestment and more spending in some up campaign donations for Ogilvie. No state areas that I think are critical, I must ‘‘I think there’s a lot of folks who are envi- officials were ever charged in the probe that ous of Bill Cellini.’’ continued after Ogilvie lost his re-election say that this year, once again, Senator THE OGILVIE YEARS bid in 1972 to Dan Walker, the Democrat who GORTON and Senator BYRD have taken ‘‘When I met Bill Cellini he was a local pol- defied Mayor Daley’s machine to become another step—a significant step—in ad- itician. That was it,’’ said John Henry governor. dressing some of these critical needs.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20764 CONGRESSIONAL RECORD—SENATE October 4, 2000 And it has not always been done in the of the Indian tribal colleges around uate. Imagine, that is what it does to past. So I say to them, thank you. And this country. They have been such a the lives of these people. good for you. I appreciate the work you blessing to so many people who have I will read from a letter of someone have done. been left behind. who says it better than I could. I especially wanted to come to the There are so many people in this I grew up poor and I was considered back- floor today to speak for a few minutes country who have been left behind, es- ward by non-Indians. about the issues of Indian education. I pecially on the Indian reservations, liv- My home was a two-room log house in a place called the ‘‘bush’’ on North Dakota’s have been such a strong advocate of In- ing in poverty, living in communities Turtle Mountain Indian Reservation. dian schools. These schools on Indian with substantial substance abuse, vio- I stuttered. I was painfully shy. My clothes reservations—both the BIA schools and lence that is the kind of unspeakable were hand-me-downs. I was like thousands of the public schools on or near reserva- violence that breaks your heart. other Indian kids growing up on reservations tions—that do not have much of a tax I have talked about a young woman across America. base to help them are in desperate need on the floor of the Senate before named When I went to elementary school I felt so Tamara Demarais. I met her one day. alone and so different. I couldn’t speak up of repair. The legislation that was for myself. My teachers had no appreciation brought to the floor of the Senate does, Young little Tamara was 3 years old for Indian culture. this time, make some significant when she was put in foster care. One I’ll never forget that it was the lighter- strides in providing investments for person was handling 150 cases of these skinned children who were treated better. those areas. children. So that person, working these They were usually from families that were Let me use some charts that I have cases, put little Tamara, at age 3, in better off than mine. My teachers called me savage. shown before to demonstrate why this foster care and did not check closely Even as a young child I wondered . . . What is an important issue. enough the family she was putting this does it take to be noticed and looked upon This is the Marty Indian School in little 3-year-old with. the way these other children are? Marty, SD. This picture shows what This is what happened to Tamara. At By the time I reached 7th grade, I realized happens to be some of their plumbing. a drunken party, this little 3-year-old that if my life was going to change for the Take a look at that and ask if that is girl had her hair torn out by the roots, better, I was going to have to do it. Nobody else could do it for me. where you would be proud to send your had her arm broken, and her nose bro- That’s when the dream began. I thought of kids to school—to an old 70- and 80- ken in a severe beating. ways to change things for the better—not year-old building that is in desperate How did that happen? Why did that only for myself but for my people. condition with, effectively, rubber happen to this little girl? Because I dreamed of growing up to be a teacher in Band-Aids around their water pipes and somebody did not care enough or did a school where every child was treated as sa- sewer pipes. not have the time to check to see cred and viewed positively, even if they were This is another picture of the Marty whether they were putting this little poor and dirty. I didn’t want any child to be made to feel Indian School; an old rusty radiator girl in a family who was going to be like I did. But I didn’t know how hard it with crumbling walls. Would we be harmful to her. She went to a foster would be to reach the realization of my proud to send our children into those home and was beaten severely at age 3. dream. I almost didn’t make it. classrooms? I met that little girl about 2 years By the time I was 17, I had dropped out of I have been to the Ojibwa Indian later. I wonder how long it will take school, moved to California, and had a child. School many times. This is a picture her to get over the scars of what hap- I thought my life was over. But when I moved back to the reservation showing the plywood that separates pened to her. But it happens too I made a discovery that literally put my life this building from a caved in founda- often—the struggle, the violence, back together. tion, which separates children from amidst the poverty. How do we break My sisters were attending Turtle Mountain danger. Of course, many of the children out from that in these circumstances? College, which had just been started on my in Ojibwa go to a series of structures, I want to tell you a story about trib- reservation. I thought that is something I modular structures, that are kind of al colleges. As the Senator from Wash- could do, too, so I enrolled. ington will remember, in the full Ap- In those days, we didn’t even have a cam- like the double-wide mobile homes. pus. There was no building. Some classes This picture shows the fire escape. propriations committee in the Senate, met at a local alcohol rehabilitation center Note the fire escape is a wooden set of I offered an amendment to add a couple in an old hospital building that had been stairs. These little children at the Ojib- million dollars. I am pleased to say condemned. wa school move back and forth between that this funding stayed in this legisla- But to me, it didn’t matter much. I was all these modular structures, in the tion. These tribal colleges are the col- just amazed I could go to college. It was life- middle of the winter, with wind and leges where those who have kind of changing. My college friends and professors were like snow blowing. I have been there. I have been left behind in many cases go back family. For the first time in my life I learned seen the wiring and other things that to school. Often the only way they can about the language, history and culture of lead you to question whether those do that is to have an extended family my people in a formal education setting. I children are safe in those schools. We right on the reservation for child care felt honor and pride begin to well up inside have report after report after report and for other assistance; and then they of me. saying this school needs to be rebuilt. can go to school. This was so unlike my other school experi- Here is a fire escape made of wooden I have talked before about the ence where I was told my language and cul- woman I met who was the oldest grad- ture were shameful and that Indians weren’t stairs in these modular classrooms. equal to others. These modular classrooms go inside. uate at a tribal college when I gave the Attending a tribal college caused me to Again, they are in desperate need of re- graduation speech one day. This is a reach into my inner self to become what I pair. My point is that we need to do woman who had been cleaning the toi- was meant to be—to fight for my rights and better than this. lets in the hallways of the college, a not remain a victim of circumstances or of My two colleagues, who have put this single mother with four children, and anybody. bill together, have made a step forward no hope and no opportunity. In fact, I loved college so much that I couldn’t stop. I had a dream to fulfill . . . or this year in construction money and She said to herself: I would like to perhaps some would call it an obsession. repair and renovation money for these graduate from this college somehow. This pushed me on to complete my studies schools. I say to them, thank you. I So as she toiled, cleaning the school at at Turtle Mountain College and earn a Doc- hope we can do even more in the com- nights, she put together a plan to try torate in Education Administration from the ing years. But I appreciate the effort to figure out a way to go to that col- University of North Dakota. we have made this year. lege and graduate. The day I showed I’ve worked in education ever since, from I will make another point about In- up, she had a cap and gown and a smile Head Start teacher’s aide to college pro- fessor. dian education. I want to read some- on, because this mother of four, with Now I’m realizing my dream of helping In- thing to my colleagues. The other issue the help of Pell grants and student aid dian children succeed. I am the Office of In- that is so important to me is the issue and other things, was a college grad- dian Education Programs’ superintendent

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20765 working with nine schools, three reserva- There are others who will be left be- But to me, it didn’t matter. I was just tions, and I oversee two educational con- hind if we don’t continue to strengthen amazed I could go to college. It was life- tracts for two tribal colleges. these tribal colleges. changing. My life would not have turned out this way A final comment: The amount of My college friends and professors were like were it not for the tribal college on my res- family. For the first time in my life I learned ervation. money we provide for tribal colleges about the language, history and culture of This is Loretta De Long. Loretta is a with this legislation will provide $3,477 my people in a formal education setting. I good friend of mine, a remarkable per pupil, and that is an improvement. felt honor and pride begin to well up inside woman, a remarkable educator. She Let me finish by saying I commend me. the Senator from Washington and the This was so unlike my prior school experi- writes a letter—I have not read all of ence where I was told my language and cul- it, there is another page—but she Senator from West Virginia and others with whom I have worked. But the au- ture were shameful and that Indians weren’t writes a letter that describes in such equal to others. wonderful, vivid detail the struggle and thorization is at the $6,000 level. And, Attending a tribal college caused me to the difficulty to overcome the obsta- frankly, in community colleges around reach into my inner self to become what I cles early in her life and the role the the country—community colleges, not was meant to be—to fight for my rights and tribal college played in her life. tribal colleges—the average support for not remain a victim of circumstance or of The Turtle Mountain Community students is over $6,000 per student. So anybody. College is a wonderful place. I have we are still well short in tribal colleges In fact, I loved college so much that I of doing what we can to make these the couldn’t stop! I had a dream to fulfill . . . or been there many times. I have spoken perhaps some would call it an obsession. at their commencement. They now kind of institutions we all know they This pushed me on to complete my studies have a new campus. They have people can be. at Turtle Mountain College and to ulti- going to college there who never would I conclude by asking unanimous con- mately earn a Doctorate in Education Ad- have had a chance to get a college edu- sent that the entire letter of Dr. Loret- ministration from the University of North cation, but being able to access the ex- ta De Long, from which I quoted, be Dakota. tended family on the reservation for printed in the RECORD. I’ve worked in education ever since, from child care and a range of other things, There being no objection, the letter Head Start teacher’s aide to college pro- was ordered to be printed in the fessor. there are people getting education at Now I’m realizing my dream of helping In- this tribal college who would not have RECORD, as follows: dian children succeed. I am the Office of In- had the opportunity before. TURTLE MOUNTAIN AGENCY, dian Education Programs’ superintendent It is not just this college. It is the TURTLE MOUNTAIN, NORTH DAKOTA working with nine schools, three reserva- Sitting Bull College at Fort Yates. I DEAR FRIEND OF THE COLLEGE FUND, I grew tions, and I oversee two educational con- was down there recently and helped up poor and considered backward by non-In- tracts with two tribal colleges. them dedicate a new cultural center. dians. My life would not have turned out this way My home was a two-room log house in a There are so many good tribal colleges were it not for the tribal college on my res- place called the ‘‘bush’’ on North Dakota’s ervation. that are providing opportunity for peo- Turtle Mountain Indian Reservation. My situation is not unique and others feel ple such as Loretta. I stuttered. I was painfully shy. My clothes this way as well. Since 1974, when Turtle There are people like Loretta who were hand-me-downs. I was like thousands of Mountain College was chartered by the Tur- are going to schools of the type I de- other Indian kids growing up on reservations tle Mountain tribe, around 300 students have scribed earlier. They are going to across America. gone on to earn higher degrees. We now have schools with heating registers that When I want to elementary school I felt so educators, attorneys, doctors and others who look like this. They are going to alone and different. I couldn’t speak up for have returned to the reservation. They—I myself. My teachers had no appreciation for schools with plumbing that looks like should say, we—are giving back to the com- Indian culture. munity. this. That ought not happen. We know I’ll never forget that it was the lighter- Instead of asking people to have pity on us better than that. We can do better than skinned children who were treated better. because of what happened in our past, we are that for these kids. It doesn’t matter They were usually from families that were taking our future into our own hands. where you are in this country, when better off than mine. Instead of looking for someone else to you send a kid through a schoolroom My teachers called me savage. solve our problems, we are doing it. door, you ought to believe, as an Amer- Even as a young child I wondered . . . There’s only one thing tribal colleges need. What does it take to be noticed and looked ican, that we want that child to go With more funding, the colleges can do upon the way these other children are? even more than they’ve already achieved. We through the best classroom door in the By the time I reached 7th grade I realized will take people off the welfare rolls and end world; we want that classroom to be that if my life was going to change for the the economic depression on reservations. one we are proud of. better, I was going to have to do it. Nobody Tribal colleges have already been successful I have mentioned before—and if it is else could do it for me. with much less than any other institutions repetitive, tough luck—I have men- That’s when the dream began. I thought of of higher education have received. tioned before Rosie Two Bears, who, in ways to change things for the better—not That is why I hope you will continue to the third grade at Cannonball, looked only for myself but for my people. support the American Indian College Fund. I dreamed of growing up to be a teacher in up at me and said: Mr. Senator, are you I’m an old timer. The College Fund didn’t a school where every child was treated as sa- exist when I was a student. I remember see- going to build us a new school? Boy, do cred and viewed positively, even if they were ing ads for the United Negro College Fund they need it. Rosie Two Bears deserves, poor and dirty. and wishing that such a fund existed for In- as every other young child in this I didn’t want any child to be made to feel dian people. country, the opportunity to go to a like I did. But I didn’t know how hard it We now have our own Fund that is spread- school we are proud of—we, as Ameri- would be to reach the realization of my ing the message about tribal colleges and cans, are proud of. She goes to a school dream. I almost didn’t make it. providing scholarships. I’m so pleased. I be- right near an Indian reservation, just By the time I was 17 I had dropped out of lieve the Creator meant for this to be. school, moved to California, and had a child. But so much more must be done. There off the site of the reservation, with no I thought my life was over. still isn’t enough scholarship money avail- tax base at all. It is a public school. We But when I moved back to the reservation able to carry students full time. need to fix that. I made a discovery that literally put my life That is my new dream *–*–* to see the day The point is, that is sort of a long back together. when Indian students can receive four-year way of describing almost an obsession My sisters were attending Turtle Mountain scholarships so they don’t have to go of mine—that we can’t leave people be- College, which had just been started on my through the extremely difficult struggle hind in this country. This country is reservation. I thought that was something I many now experience to get their education. doing well. I am proud of that. But we could do, too, so I enrolled. I hope you’ll keep giving, keep supporting In those days, we didn’t even have a cam- the College Fund, so that some day this can’t leave people behind. There are pus. There was no building. Some classes dream becomes reality. some young kids, especially in this met at a local alcohol rehabilitation center I know it can happen because if my dream country, who are being left behind, in an old hospital building that had been for my future came true, anything is pos- going to schools that are not adequate. condemned. sible.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20766 CONGRESSIONAL RECORD—SENATE October 4, 2000 Thank you. dated October 6, 1996. The article is by and public works,’’ Cellini wrote in a letter Sincerely, Tim Novak, Chuck Neubauer, and Dave to Ford’s personnel director Douglas Bennett LORETTA DE LONG, ED.D., McKinney, headlined ‘‘Cellini: State on March 11, 1976. ‘‘Of course, I’m counting that my serving Turtle Mountain Chippewa, Capitol’s Quiet Captain of Clout; Superintendent for Education. as President Ford Committee’s Downstate Dealmaker Built Empire Working in Mr. DORGAN. I have a number of Coordinator for Illinois won’t be a disadvan- Background.’’ tage,’’ he added in the letter obtained from other letters from people whose stories As you will understand, if you listen the Ford Library. are just as inspiring, about their lives to the articles I am reading, we are ul- Cellini got the appointment. He also was and the changes in their lives as a re- timately leading up to a tie-in back to chosen to give a speech seconding Ford’s re- sult of being able to access the edu- the Abraham Lincoln $120 million Pres- nomination at the 1976 Republican conven- cation opportunities at tribal colleges. tion. idential library in Springfield, IL. The ‘‘They were looking for somebody with an Mr. GORTON. Will the Senator yield? article earlier discussed the Ogilvie ethnic connection, and (Ogilvie) probably Mr. DORGAN. I am happy to yield for years—Governor Ogilvie’s administra- recommended him,’’ said Falls, who ran a question. The Senator from Illinois tion in Illinois. And where we last left Ford’s Illinois campaign. will retain the floor following my pres- off was at the beginning of the Walker Cellini was widely hailed for helping Ford entation. years. Walker was the Governor of Illi- win Illinois, although he lost the election to Jimmy Carter, one of the few times a presi- Mr. GORTON. That is correct. nois who succeeded Ogilvie in the early I want to thank the Senator for his dential candidate won Illinois, but lost the 1970s. White House. compliments and to say what is obvi- Continuing with the article: As Cellini was expanding his power, he got ous—that his dedication and commit- With Walker in the governor’s office, into real estate development and manage- ment to his constituents in this con- Cellini was out of a job, never to return to ment using the name New Frontier. The nection is both praiseworthy and effec- the state payroll. But his ties to state gov- company specialized in building and man- tive. ernment grew under the Democratic gov- aging apartments, usually with state financ- Earlier in the course of this debate, ernor. ing, for senior citizens. The firm later the Senator from New Mexico, Mr. ‘‘He still had all his contacts with IDOT,’’ branched into office buildings that were said Joe Falls, a former Downstate GOP leased to the state. DOMENICI, was here to speak to the leader who ran IDOT’s safety programs In the waning days of the Walker adminis- same subject. He and the Senator from under Cellini. tration, New Frontier got its first state deal North Dakota made a very good team. ‘‘Walker and all his people still needed his when Cellini secured $5.4 million in state Together they persuaded the President help and Bill cooperated,’’ Falls said. ‘‘He funds to build a 212-unit building near the to include this very significant amount had friends on both sides, but when it came state Capitol. The building includes offices of money, both for the construction of down to an election, he was always a Repub- for the asphalt pavement association and lican.’’ Cellini’s companies, including New Frontier. new Indian schools and for the repair of It was the first of several real estate deals those that can appropriately be re- Cellini became executive director of the Il- linois Asphalt Pavement Association, rep- New Frontier would get from state govern- paired or remodeled. But as the Sen- resenting virtually all state road builders, ment. ator from New Mexico pointed out, this many engineering firms and other companies THE THOMPSON YEARS is the first major contribution to that. that build and repair state roads. And he Cellini turned state government into a cot- I can say that as long as I am in this still runs the association, serving as execu- tage industry after the Republicans regained position and as long as the Senator tive vice president. the governor’s office with the election of from North Dakota is in his, I know we It’s an association that has been quite ben- James R. Thompson in 1976. eficial for the road builders and Cellini, al- Cellini averaged more than a deal a year will keep this in the forefront of our with the state before Thompson stepped consideration. And I tell him that we though his salary was a modest $49,140, ac- cording to the group’s 1990 income tax re- down after 14 years in office. And state offi- are going to try to get to the bottom of turns. cials say they were probably others that no that priority list as well as to the top Under Cellini’s leadership, the association one was aware of. of the priority list. members have donated hundreds of thou- Cellini’s personal income soared in the The Senator from North Dakota has sands of dollars to governors and other state early Thompson years. Cellini’s taxable in- done a good job in a good cause, and officials over the years. Edgar has received come was $185,558 in 1978, and it nearly dou- bled to $368,100 in 1979, according to records this bill takes a major step forward in at least $375,000 from the association’s mem- bers over the past 30 months. And the asso- he filed in federal tax court. He had no tax- meeting those priorities. able income in 1980, $27,539 in 1981 and Mr. DORGAN. Mr. President, may I ciation’s political action committee, the Good Government Council, has given more $252,349 in 1982. Cellini’s use of tax shelters created prob- ask how much time is remaining? than $100,000 to other state officials. lems with the IRS, which ordered him to pay The PRESIDING OFFICER. Fifteen ‘‘He and the asphalt pavers continued to $78,120 in back taxes for some of those years, seconds. play the same games as always but with a according to tax court records filed in 1992. Mr. DORGAN. If I might just con- Democratic administration,’’ a longtime Re- New Frontier—the company Cellini started clude, I thank the Senator from Wash- publican official said. shortly before Thompson took office—and its ington. I should certainly have, at the ‘‘The key to the asphalt pavers is that they owners were worth $30 million when Thomp- start of my presentation—and I did get contracts for their work on a predictable son left office, according to a biography New basis,’’ the official said. ‘‘The business con- Frontier used to attract clients in 1990. not—given credit to President Clinton. tinued to flow and the campaign contribu- In his budget request, the Senator from Under Thompson, Cellini and New Frontier tions flowed to the Democratic governor, built nine apartment buildings in Chicago, Washington mentioned he did start a just like the Republican governor.’’ the suburbs and Downstate with an addi- process this year to say we must do While heading the asphalt association, tional $84.1 million in loans from the state better. Cellini developed his reputation as a na- housing authority, whose chairman A.D. Van So also, it seems to me, this adminis- tional transportation authority while ex- Meter is a close friend of Cellini. tration deserves significant credit for panding his political power. New Frontier also became one of the Soon after Cellini left the state payroll, state’s biggest landlords in Springfield, pro- the first steps in what I am sure will be President Richard M. Nixon appointed him a long journey, but one that we must viding offices for several agencies such as to the National Highway Advisory Com- Corrections, Public Aid and IDOT, the agen- complete. I thank the Senator from mittee. cy Cellini started. Washington and also the Senator from Cellini found the federal post was advan- Sometimes the state agreed to move into Illinois. tageous, personally and politically. When his the buildings before New Frontier bought The PRESIDING OFFICER. The Sen- four-year term was set to expire in March, them. Sometimes the State hired New Fron- ator from Illinois is recognized. 1976, Cellini lobbied President Gerald Ford tier to erect buildings and lease them to the Mr. FITZGERALD. Mr. President, I for an appoint to the National Transpor- state, all without competitive bids, which Il- tation Policy Study Commission. thank my colleagues from North Da- linois does not require for its real estate ‘‘The commission has been perfect for my transactions. kota and Washington. I appreciate this simultaneously covering political meetings When New Frontier was chosen to build opportunity to continue reading an ar- in D.C. and around the country, while keep- and lease a building for IDOT, Cellini al- ticle from the Chicago Sun-Times ing up with my profession in transportation ready had an option to purchase the land.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20767 Cellini has sold all of those buildings, but Two of Cellini’s family members have posi- I would like to share that with the New Frontier still manages them. tions in the Edgar administration: sister Senators who are here and the people And Cellini created new companies to get Janis as patronage director, and wife Julie, in the galleries. other deals under Thompson. who has continued as chairman of the Illi- Continuing along on the history of The President Lincoln Hotel Corp. got a nois Historic Preservation Agency, an un- what has transpired in State govern- $15 million loan from Thompson and state paid position she got from Thompson. treasurer Jerry Consentino, a Democrat, so ment in Springfield over the years, all As we will recall, the Illinois historic leading up to why I am concerned that Cellini could build a luxury hotel in Spring- preservation agency, which I believe field, a long-time dream that no one else we have to make sure this $120 million would finance. Mrs. Cellini still runs or is in charge of, building project in Springfield is com- Cellini’s dream has turned into a night- will probably be in charge of the Abra- petitively bid according to the strict mare. Before Thompson and Cosentino left ham Lincoln Presidential Library in guidelines so that no taxpayer money office, they renegotiated the loan twice low- Springfield. goes off on insider dealing in Spring- ering the interest rate to 6 percent from 12.5 New Frontier is constructing an addition field, this article appeared in the Chi- percent to keep Cellini from defaulting. The to a building occupied by the state Environ- current agreement prevents the state from cago Sun-Times of Thursday October mental Protection Agency. New Frontier 11, 1990. It is written by Mark Brown foreclosing on the hotel until 1999, while was hired to build the addition by the three Cellini can skip quarterly mortgage pay- businessmen who own the Springfield build- and Chuck Neubauer. The title of the ments when the hotel operates at a loss. ing. New Frontier has managed the building article is ‘‘Influence Peddler Turns The deal has caused a political backlash for the past 10 years. The state will pay $75 Clout To Cash.’’ for Cellini. million to rent the complex that it will own As lobbyist, landlord developer, hotel oper- State Treasurer Judy Baar Topinka cut a at the end of the 20-year deal. ator and all-purpose influence peddler, Wil- deal last year to let Cellini’s hotel and an- Cellini lobbies for several major clients, in- liam F. Cellini has become a legend in other state-financed hotel in Downstate Col- cluding Chicago HMO. The state paid Chi- Springfield for his prolific ability to cash in linsville pay $10 million to settle their debts cago HMO $155 million last year to provide on State government. A budding political which totaled $40.3 million. Attorney Gen- health care for 75 percent of the 180,000 wel- and business force when Governor Thompson eral Jim Ryan squashed the deal, arguing fare recipients who are in managed care pro- was elected in 1976, this son of a police offi- the hotels were worth more than $10 million. grams. Those numbers are likely to grow as cer is now regarded by many as the State’s Cellini and the Collinsville hotel owners, Edgar pushes more welfare recipients into most influential Republican not holding who include politically connected developer managed care. elective office. Much of that reputation is Gary Fears, sued, arguing that Ryan had no With these vast business deals, Cellini’s based on the goodies he has culled from the authority to cancel their deal with Topinka. wealth has soared. In addition to his Argosy Thompson administration—six major State The pending suit was brought by Winston & Gaming stock, his family has a stock port- office leases, plus State financing for eight Strawn, the powerful law firm where Thomp- folio worth at least $2.26 million. They own apartment projects, one office building, and son now works. 108 stocks that are each worth at least a luxury hotel. Cellini’s hotel plays a prominent role in $20,000 and 20 other stocks each worth at Like all legends, it often is difficult to sort his empire. When road builders come to bid least $5,000, according to an ethics statement fact from fiction where Cellini is concerned. for state contracts, many of them stay in the his wife filed earlier this year. For every business deal that can be traced to hotel resplendent with Italian marble, cher- And the family earned at least $165,000 in him, there are always two more in which he ry wood and special shower rods that were capital gains last year from the sale of was rumored to be involved but left no fin- invented and patented by Cellini—designed stocks they owned in 33 companies, accord- gerprints. to keep the shower curtain from sticking to ing to the ethics statement. Cellini, 55, tends to add to the mystery, the backside of his guests. Cellini remains in regular contact with Ed- rarely talking to reporters. He did not an- The hotel is also the place where Cellini gar’s chiefs of staff, said Dillard, who had the swer Chicago Sun-Times requests for an throws fund-raisers, like the bash he threw job for three years. interview for this story. for Edgar the day after Topinka agreed to ‘‘When I was the governor’s chief of staff, Although he served as the state’s first settle the hotel loan. Bill and I talked but it wasn’t nearly as transportation secretary, under Gov. Rich- Cellini had made a lot of deals, but he hit often as people imagined . . . a couple times ard B. Ogilvie, his only official positions the jackpot when he and a new group of part- a month,’’ Dillard said. ‘‘It could be (about) these days are with the Sangamon County ners got a riverboat casino license from the upcoming political races or just rumors he Republican organization. state two months before Thompson left of- would pick up. While acknowledging Cellini’s influence, fice. Cellini’s Alton Belle was the state’s ‘‘One of the things that makes Bill Cellini Thompson denied that it stems from him. first floating casino when it opened a few a trusted adviser is the longevity and ‘‘He probably know more people in state months after Edgar took office in 1991. breadth of his experience in state govern- government than I do,’’ Thompson said.’’ . . . Within two years, Cellini’s group issued ment,’’ Dillard said. He was on the political scene when I became public stock in their casino company, Argosy ‘‘Bill Cellini personally cares in a friend- governor. He’ll be on the political scene Gaming, a deal that immediately netted ship type of fashion . . . about governors when I leave. He doesn’t need me to front for Cellini $4.9 million and left him as one of the Thompson and Edgar,’’ Dillard said. ‘‘He’s him. largest stockholders whose stock was worth very different . . . from many of the other Thompson said he speaks to Cellini no $50 million. Since then, the stock’s value has individuals who tangentially profit from more than once a year. But they have com- fallen and Cellini has sold off some shares. government.’’ municated in other ways. His family’s remaining stock was worth $12 Edgar’s staff has consistently tried to In one 12-month period encompassing his million last Wednesday. downplay Cellini’s clout, but the governor 1986 re-election campaign, Thompson re- ‘‘Right now the way Bill makes his money admits he has a close relationship with ported using $765 in campaign funds to buy is by ownership of that boat,’’ said a former Cellini. five antiques as gifts for Cellini and his wife. state official, who asked not to be identified. ‘‘Bill Cellini has been a friend of mine,’’ Thompson sent gifts for Christmas and as ‘‘It’s questionable if . . . he needs to do any Edgar said. ‘‘We were both here in the ’60s. I thank-yous for fund-raisers hosted by the of these other deals. It’s thought that he’s was starting out in the Legislature and he Cellinis. The governor even remembered hooked on deals. He just can’t resist making was in the Ogilvie administration. I’ve their anniversary. deals.’’ known him a long time. Although Cellini’s personal political dona- And while most of those deals came under ‘‘We don’t socialize much, but we have over tions to Thompson are not especially large, Thompson, the former governor told the the years done things. . . . Our daughters he is known for his ability to raise money Sun-Times in 1990 that he had nothing to do were about the same age,’’ Edgar said. ‘‘If from others. ‘‘He’s been very helpful,’’ Thompson said. with Cellini’s influence. there’s some issue he’s got or some political One source of Cellini’s clout is his role as ‘‘He was on the political scene when I be- thing coming up, we might talk about it. But executive vice president of the Illinois As- came governor,’’ Thompson said. ‘‘He’ll be on we don’t see each other that much.’’ phalt Pavement Association, a trade group the political scene when I leave.’’ Cellini’s clout is greatly exaggerated, of road builders who have fared well under Edgar insisted, the product of stories such as THE EDGAR YEARS Thompson’s policies. Their combined fund- this. Cellini has remained close to the gov- raising prowess is considerable. ‘‘It’s something you in the media have ernor’s office, although his deals have slowed Cellini also gets paid to protect the inter- kind of continued to perpetuate that aura since Edgar replaced Thompson in 1991. ests of three other groups, the Illinois Asso- about Bill Cellini.’’ Cellini has been an important source of ciation of Sanitary Districts, Illinois Con- campaign contributions for Edgar, who spent There is another article on this same crete pipe Association and Prestressed Pre- $10.8 million to win re-election in 1994. issue that came out a few years earlier. cast Producers of Illinois.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20768 CONGRESSIONAL RECORD—SENATE October 4, 2000 His primary business, however, is the New strumental in getting a State loan to from Illinois and that he not be Frontier Group, a diversified, Chicago-based construct a hotel. We also reviewed charged with a second speech. real estate organization that was less than earlier that Federal funds were in- The PRESIDING OFFICER. Is there two years old when Thompson was elected. It volved in building that hotel, and we objection? now boasts that it has developed more than went through and realized that hotel Mr. FITZGERALD. Yes, I agree to 1.3 million square feet of office space and that. I have no objection. 2,550 housing units. has not paid back that $15 million Much of that growth is attributable to loan—at least not as far as we know. The PRESIDING OFFICER (Mr. SES- Cellini’s adept use of government programs. The proposed Lincoln Library site is SIONS). Without objection, it is so or- With $55 million in low-interest financing going to be right near that hotel. dered. The clerk will call the roll. from the Illinois Housing Development Au- I turn from the hotel issue to dis- The legislative clerk proceeded to thority, a quasi-state agency under Thomp- cussing how the State awarded river- call the roll. Mr. LOTT. Mr. President, I ask unan- son’s control, New Frontier Developments boat gaming licenses. The State, back Co. has built eight government-subsidized imous consent that the order for the apartment projects since 1976. in the beginning and the late 1980s, and quorum call be rescinded. Cellini’s New Frontier Management Co. I think finally in 1990, created 10 river- The PRESIDING OFFICER (Mr. SES- serves as the management agent not only for boat licenses. The State statute was SIONS). Without objection, it is so or- his own properties but for many other Chi- fairly specific with respect to where dered. cago-area apartment buildings. many of these riverboat licenses had to Mr. LOTT. Mr. President, the Inte- Cellini and New Frontier also emerged be. It later turned out that in most rior appropriations conference report under Thompson as the state’s favorite cases, only a couple of people applied Springfield landlord. obviously is a very important bill. His first major office deal was in 1979, when for the riverboat licenses and these li- There has been an awful lot of work Cellini bought an abandoned seminary and censes wound up being very lucrative. that has gone into it. It does have bi- leased it to the state for a Corrections De- In fact, they ended up being phenome- partisan support. As I understand it, it partment headquarters and training school. nally lucrative licenses. Again, on the is positioned to be signed into law. It The controversial arrangement was typical riverboat licensing, as was mentioned passed the House 349–69, something of of many of the Cellini deals that followed be- in that article, Mr. Cellini was involved that nature. cause state officials strayed from normal in the Alton Riverboat, the gaming The Senator from Illinois has some procedures to his apparent benefit. difficulties with a provision in this leg- Corrections officials were in such a hurry company boat we have talked about. to get the seminary property that they I will proceed to discuss how those li- islation. Certainly, as any Senator, he passed up an opportunity to buy it outright censes were handed out. is entitled to make his point, and to and instead entered into a lease-purchase Mr. DURBIN. Will the Senator from make his point at length within the agreement with Cellini. They said it enabled Illinois yield? provisions of our rules. It is important them to move in more quickly than if they Mr. FITZGERALD. I yield only for a we move forward now. We are prepared had to go through the usual purchase proc- question. to move forward on this legislation. ess. Mr. DURBIN. I noticed the Senator CLOTURE MOTION The lease-purchase would have allowed the earlier had yielded to Senators with an Mr. LOTT. Mr. President, I send a state to buy the facility any time over the term of the lease—at a generally escalating understanding, a unanimous consent cloture motion to the desk to the pend- price. Eleven years later, though, the state agreement that he would not surrender ing Interior appropriations conference still is renting. the floor. I ask for the same oppor- report. Cellini, who had paid $3.6 million for the tunity to speak, with the unanimous The PRESIDING OFFICER. The clo- property and spent at least $4.2 million re- consent request that the floor will be ture motion having been presented modeling it, collected $9.5 million in rent returned to my colleague from Illinois under rule XXII, the Chair directs the from the state before selling to a Virginia after the conclusion of my remarks. clerk to read the motion. company in 1987 for $9.1 million. Mr. FITZGERALD. I would be happy The assistant legislative clerk read Cellini proved to be in the right place at as follows: the right time for many similar opportuni- to accommodate my colleague. I am CLOTURE MOTION ties, renting space to the Public Aid, Trans- told that similar requests are pending portation and Commerce and Community Af- from Senator GRAHAM of Florida, Sen- We, the undersigned Senators, in accord- ance with the provision of rule XXII of the fairs departments. ator JOHN MCCAIN, and then you? If we Standing Rules of the Senate, do hereby In the cases of Public Aid and Transpor- could work out an agreement, I would move to bring to a close debate on the con- tation, Cellini’s company was hired to con- not like to bypass those who have ference report to accompany H.R. 4578, the struct buildings and lease them back to the shown up earlier. Are either of those Department of Interior appropriations bill: state, bypassing the state Capital Develop- Trent Lott; Ted Stevens; Larry Craig; ment Board, which usually constructs state Senators on the floor or the Cloak- Pat Roberts; Jim Inhofe; Mike DeWine; buildings on a competitively bid basis. room? John Warner; Pete Domenici; R.F. Ben- When Transportation Department officials Mr. DURBIN. I do not believe either nett; Richard Shelby; Kit Bond; Slade got around to announcing the site that they of those Senators are on the floor. I be- Gorton; Phil Gramm; Conrad Burns; insisted on having for their new building, it lieve my statement will take no more Chuck Hagel; and Kay Bailey turned out that Cellini already had an option than 10 minutes. With the forbearance Hutchison. on the land. of the Senator, I ask unanimous con- Mr. LOTT. Mr. President, I will con- Even when Cellini began selling his build- sent I be allowed to speak for 10 min- ings, at a tidy profit, his company was kept tinue to work with Senator FITZ- utes, and that at the conclusion of my on by the new owner to manage them. The GERALD and others to try to resolve 20-year management agreements have a spe- remarks the floor be returned to my this issue as best we can and any other cial termination clause that calls for a $1.1 colleague from the State of Illinois. problems that may exist. I do believe it million fee to be paid to Cellini’s company if Mr. FITZGERALD. I am going to ob- is necessary to prepare the Senate for a the new owner replaces it. ject to that. I am told the leader is on cloture vote if it should be necessary. The most prominent symbol of Cellini’s po- his way and he is going to be making a litical influence is the Springfield Ramada I now ask unanimous consent that statement. the mandatory quorum under rule XXII Renaissance, a luxury hotel that he long had The PRESIDING OFFICER. Objec- sought to build but couldn’t get financed be waived. until Thompson and state Treasurer Jerry tion is heard. The Senator from Illinois The PRESIDING OFFICER. Without Cosentino approved a $15 million state loan has the floor. objection, it is so ordered. Mr. REID. The Senator has the floor, in 1982. f The hotel has been a financial embarrass- but I would like to propound a unani- ment for the state, which has twice renegoti- mous consent request that we go into a BREAST AND CERVICAL CANCER ated the loan to avoid a default. quorum call for the purpose of the lead- PREVENTION AND TREATMENT That article ended by discussing a er coming to the floor, and when the ACT OF 2000 Renaissance Springfield Hotel which, majority leader completes his state- Mr. LOTT. Mr. President, I ask unan- and we have heard, Mr. Cellini was in- ment, the floor return to the Senator imous consent that the Senate now

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20769 proceed to the consideration of Cal- (b) PRESUMPTIVE ELIGIBILITY.— ‘‘(1) is furnished to an individual described in endar No. 641, S. 662. (1) IN GENERAL.—Title XIX of the Social Secu- subsection (a)— The PRESIDING OFFICER. The rity Act (42 U.S.C. 1396 et seq.) is amended by ‘‘(A) during a presumptive eligibility period; clerk will report the bill by title. inserting after section 1920A the following: ‘‘(B) by a entity that is eligible for payments under the State plan; and The assistant legislative clerk read ‘‘PRESUMPTIVE ELIGIBILITY FOR CERTAIN BREAST OR CERVICAL CANCER PATIENTS ‘‘(2) is included in the care and services cov- as follows: ‘‘SEC. 1920B. (a) STATE OPTION.—A State plan ered by the State plan, A bill (S. 662) to amend title XIX of the So- approved under section 1902 may provide for shall be treated as medical assistance provided cial Security Act to provide medical assist- making medical assistance available to an indi- by such plan for purposes of clause (4) of the ance for certain women screened and found vidual described in section 1902(aa) (relating to first sentence of section 1905(b).’’. to have breast or cervical cancer under a fed- certain breast or cervical cancer patients) dur- (2) CONFORMING AMENDMENTS.— erally funded screening program. ing a presumptive eligibility period. (A) Section 1902(a)(47) of the Social Security There being no objection, the Senate ‘‘(b) DEFINITIONS.—For purposes of this sec- Act (42 U.S.C. 1396a(a)(47)) is amended by in- proceeded to consider the bill which tion: serting before the semicolon at the end the fol- had been reported from the Committee ‘‘(1) PRESUMPTIVE ELIGIBILITY PERIOD.—The lowing: ‘‘and provide for making medical assist- on Finance with an amendment to term ‘presumptive eligibility period’ means, with ance available to individuals described in sub- section (a) of section 1920B during a presump- strike out all after the enacting clause respect to an individual described in subsection (a), the period that— tive eligibility period in accordance with such and insert the part printed in italic. ‘‘(A) begins with the date on which a quali- section’’. SECTION 1. SHORT TITLE. fied entity determines, on the basis of prelimi- (B) Section 1903(u)(1)(D)(v) of such Act (42 This Act may be cited as the ‘‘Breast and Cer- nary information, that the individual is de- U.S.C. 1396b(u)(1)(D)(v)) is amended— vical Cancer Prevention and Treatment Act of scribed in section 1902(aa); and (i) by striking ‘‘or for’’ and inserting ‘‘, for’’; 2000’’. ‘‘(B) ends with (and includes) the earlier of— and SEC. 2. OPTIONAL MEDICAID COVERAGE OF CER- ‘‘(i) the day on which a determination is made (ii) by inserting before the period the fol- TAIN BREAST OR CERVICAL CANCER with respect to the eligibility of such individual lowing: ‘‘, or for medical assistance provided to PATIENTS. for services under the State plan; or an individual described in subsection (a) of sec- (a) COVERAGE AS OPTIONAL CATEGORICALLY ‘‘(ii) in the case of such an individual who tion 1920B during a presumptive eligibility pe- NEEDY GROUP.— does not file an application by the last day of riod under such section’’. (1) IN GENERAL.—Section 1902(a)(10)(A)(ii) of the month following the month during which (c) ENHANCED MATCH.—The first sentence of the Social Security Act (42 U.S.C. the entity makes the determination referred to section 1905(b) of the Social Security Act (42 1396a(a)(10)(A)(ii)) is amended— in subparagraph (A), such last day. U.S.C. 1396d(b)) is amended— (A) in subclause (XVI), by striking ‘‘or’’ at ‘‘(2) QUALIFIED ENTITY.— (1) by striking ‘‘and’’ before ‘‘(3)’’; and the end; ‘‘(A) IN GENERAL.—Subject to subparagraph (2) by inserting before the period at the end (B) in subclause (XVII), by adding ‘‘or’’ at (B), the term ‘qualified entity’ means any entity the following: ‘‘, and (4) the Federal medical as- the end; and that— sistance percentage shall be equal to the en- (C) by adding at the end the following: ‘‘(i) is eligible for payments under a State hanced FMAP described in section 2105(b) with ‘‘(XVIII) who are described in subsection (aa) plan approved under this title; and respect to medical assistance provided to indi- (relating to certain breast or cervical cancer pa- ‘‘(ii) is determined by the State agency to be viduals who are eligible for such assistance only tients);’’. capable of making determinations of the type on the basis of section (2) GROUP DESCRIBED.—Section 1902 of the So- described in paragraph (1)(A). 1902(a)(10)(A)(ii)(XVIII)’’. cial Security Act (42 U.S.C. 1396a) is amended ‘‘(B) REGULATIONS.—The Secretary may issue (d) EFFECTIVE DATE.—The amendments made by adding at the end the following: by this section apply to medical assistance for ‘‘(aa) Individuals described in this subsection regulations further limiting those entities that may become qualified entities in order to prevent items and services furnished on or after October are individuals who— 1, 2000, without regard to whether final regula- ‘‘(1) are not described in subsection fraud and abuse and for other reasons. ‘‘(C) RULE OF CONSTRUCTION.—Nothing in this tions to carry out such amendments have been (a)(10)(A)(i); promulgated by such date. ‘‘(2) have not attained age 65; paragraph shall be construed as preventing a ‘‘(3) have been screened for breast and cer- State from limiting the classes of entities that Mr. LOTT. Mr. President, I ask unan- vical cancer under the Centers for Disease Con- may become qualified entities, consistent with imous consent that the committee sub- trol and Prevention breast and cervical cancer any limitations imposed under subparagraph stitute be agreed to. early detection program established under title (B). The PRESIDING OFFICER. Without XV of the Public Health Service Act (42 U.S.C. ‘‘(c) ADMINISTRATION.— objection, it is so ordered. ‘‘(1) IN GENERAL.—The State agency shall pro- 300k et seq.) in accordance with the require- The committee amendment in the ments of section 1504 of that Act (42 U.S.C. 300n) vide qualified entities with— ‘‘(A) such forms as are necessary for an appli- nature of a substitute was agreed to. and need treatment for breast or cervical cancer; Mr. LOTT. Mr. President, I ask unan- and cation to be made by an individual described in ‘‘(4) are not otherwise covered under cred- subsection (a) for medical assistance under the imous consent that the bill, as amend- itable coverage, as defined in section 2701(c) of State plan; and ed, be considered read the third time. the Public Health Service Act (42 U.S.C. ‘‘(B) information on how to assist such indi- The bill (S. 662), as amended, was 300gg(c)).’’. viduals in completing and filing such forms. considered read the third time. (3) LIMITATION ON BENEFITS.—Section ‘‘(2) NOTIFICATION REQUIREMENTS.—A quali- Mr. LOTT. Mr. President, I further 1902(a)(10) of the Social Security Act (42 U.S.C. fied entity that determines under subsection (b)(1)(A) that an individual described in sub- ask unanimous consent that the Sen- 1396a(a)(10)) is amended in the matter following ate then proceed to Calendar No. 542, subparagraph (G)— section (a) is presumptively eligible for medical (A) by striking ‘‘and (XIII)’’ and inserting assistance under a State plan shall— H.R. 4386, all after the enacting clause ‘‘(XIII)’’; and ‘‘(A) notify the State agency of the determina- be stricken, and the text of S. 662 be in- (B) by inserting ‘‘, and (XIV) the medical as- tion within 5 working days after the date on serted in lieu thereof. Further, I ask sistance made available to an individual de- which determination is made; and unanimous consent that the bill, as scribed in subsection (aa) who is eligible for ‘‘(B) inform such individual at the time the amended, be read the third time and medical assistance only because of subpara- determination is made that an application for passed, the motion to reconsider be graph (A)(10)(ii)(XVIII) shall be limited to med- medical assistance under the State plan is re- quired to be made by not later than the last day laid upon the table, and, finally, any ical assistance provided during the period in statements relating to this very impor- which such an individual requires treatment for of the month following the month during which breast or cervical cancer’’ before the semicolon. the determination is made. tant piece of legislation be printed in (4) CONFORMING AMENDMENTS.—Section ‘‘(3) APPLICATION FOR MEDICAL ASSISTANCE.— the RECORD. 1905(a) of the Social Security Act (42 U.S.C. In the case of an individual described in sub- The PRESIDING OFFICER. Without 1396d(a)) is amended in the matter preceding section (a) who is determined by a qualified en- objection, it is so ordered. paragraph (1)— tity to be presumptively eligible for medical as- The bill (H.R. 4386), as amended, was (A) in clause (xi), by striking ‘‘or’’ at the end; sistance under a State plan, the individual shall read the third time and passed. (B) in clause (xii), by adding ‘‘or’’ at the end; apply for medical assistance under such plan by Mr. LOTT. I note, Mr. President, that and not later than the last day of the month fol- (C) by inserting after clause (xii) the fol- lowing the month during which the determina- this is the breast and cervical cancer lowing: tion is made. legislation. It has broad bipartisan sup- ‘‘(xiii) individuals described in section ‘‘(d) PAYMENT.—Notwithstanding any other port. I am very pleased we were able to 1902(aa),’’. provision of this title, medical assistance that— come to an agreement to bring it this

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20770 CONGRESSIONAL RECORD—SENATE October 4, 2000 far. It came up this morning in the Fi- port for passage of the Breast and Cer- this decade alone. In fact, breast can- nance Committee. I asked the Senator vical Cancer Treatment Act (S. 662). cer is the number one killer of Amer- from New York if he would help us get This bill addresses an issue that is ican women between the ages of 35 and it cleared through to this point. Sen- vital to the health and lives of so many 54. While screening is the first line of ator MOYNIHAN indicated he would, and low-income women—coverage of breast defense in fighting cancer, and is so he has done so, as always. I do not and cervical cancer treatment under very, very important, it is really only think we would have this clearance the Medicaid program. the first part of the battle. without his help. This legislation was originally intro- When the National Breast and Cer- Mr. MOYNIHAN. Mr. President, may duced by our late colleague, Senator vical Cancer Early Detection Program I have one moment? John Chafee of Rhode Island. Senator passed in 1990, we wanted to ensure Mr. LOTT. Mr. President, I will be Chafee was always one of the Senate’s that women would receive treatment. glad to yield the floor to Senator MOY- leaders on health care issues, and like The law was written to require states NIHAN. all of my colleagues, I am sad that he to seek out services for the women Mr. MOYNIHAN. Mr. President, we is not with us today to see his bill pass they screen in order to receive timely all thank the majority leader for this the Senate. I know that he would be and appropriate treatment. But the action. I know it will be particularly pleased to know that his bill now has state programs are overwhelmed. Pro- pleasing to the chairman of our com- the support of 75 Senators. gram administrators are scrambling to mittee, Senator ROTH, who took up I also want to take a moment to note find treatment services—and even then this measure, introduced in the first the dedication of my colleagues Sen- these uninsured, low-income women instance by Senator CHAFEE. It came ators MIKULSKI, LINC CHAFEE, GRASS- must somehow come up the money for out of our committee unanimously. It LEY, and HATCH—we have put many costly procedures. is good legislation. It should be pur- hours into ensuring that today’s legis- This legislation will give women who sued. We thank the leader for his ef- lation gets through the Senate and can have been screened through the CDC’s fort. be reconciled quickly with the House National Breast and Cervical Cancer I yield the floor. version. Finally, this bill would not be Early Detection Program the chance to Mr. LOTT. I ask unanimous consent before us today if not for the help of receive needed treatment that is truly that S. 662 be placed back on the cal- the Chairman of the Senate Finance life-and-death. This Act will allow endar. Committee—it was Senator ROTH who states the option of providing Medicaid The PRESIDING OFFICER. Without made a commitment to get this bill services to women who have breast or objection, it is so ordered. through the Finance Committee. cervical cancer. Mr. ASHCROFT. Mr. President, I In 1990, while serving in the House, I I would like to explain to my col- take this opportunity to commend the was a proud cosponsor of the legisla- leagues why this legislation is so im- Senate’s passage of S. 662, the Breast tion that established the Center for portant in a very personal way. One of and Cervical Cancer Treatment Act. I Disease Control’s National Breast and my constituents went through the am pleased to be a cosponsor of this Cervical Early Detection Program. Maine Breast and Cervical Health Pro- important legislation, which provides This groundbreaking program—spon- gram and had an abnormal mammo- low-income, uninsured women with ac- sored in the Senate by Senator MIKUL- gram, followed by an abnormal cess to the treatment they need to bat- SKI—ensures that women who are medi- ultrasound. She was advised to have a tle these two potentially devastating cally underserved in this country re- sterotactic biopsy but delayed for three diseases. ceive regular screening for breast and months because she could not afford it. In 1990, Congress created a program, cervical cancer. Since the program did Three months in which her cancer administered by the Centers for Dis- its very first screening in 1991, over 1.4 could grow and spread. And while she ease Control, CDC, to provide breast million women have had either a mam- eventually had the biopsy and was not and cervical cancer screening for low- mogram or a test for cervical cancer. diagnosed with cancer, these three income, uninsured women. While this And more are screened every single months could have truly meant the dif- program’s goal was to reduce mortality day. ference between winning or losing her rates from these two diseases, the fact It is unquestionable that early detec- battle against cancer. many women diagnosed under the pro- tion is our best weapon against cancer. The women who go through this pro- gram had no funds for treatment left The success of the CDC program is gram have undergone enough solely by our goal largely unfulfilled. proven. As a result of this program being diagnosed with cancer. And the The Breast and Cervical Cancer over 6,800 uninsured, low-income stress of diagnosis is almost debili- Treatment Act moves this Federal women across the country now know tating. But to compound this stress, to commitment forward to the next log- they have breast cancer and can take leave a woman with the knowledge ical step, by providing Medicaid funds action to fight this disease. And over that she has cancer, that she must—ab- to treat these women who are diag- 34,000 uninsured, low-income women solutely must— receive treatment or nosed with breast or cervical cancer across the country now know they have her cancer will spread, but to not help through the CDC screening program. either invasive cervical cancer or pre- her find the means to fight for her life Under this important legislation, cancerous cervical lesions. is unconscionable. American women will be able to re- In my home state of Maine, nearly We cannot sit back and claim that a ceive the treatment they need to win 16,000 women have gone through the screening program is enough to save a the fight against breast cancer or cer- screening program since it began in woman’s life. We know that the unin- vical cancer. 1995. And as a result of this screening sured are 49 percent more likely to die As we are in the waning days of this 46 women with breast cancer and 23 than are insured women during the legislative session, I am glad to join women with cervical cancer have vital four to seven years following an initial my Senate colleagues in passing the information that they might not have breast cancer diagnosis. This is uncon- Breast and Cervical Cancer Treatment had otherwise. I don’t like to think of scionable—we must provide an option Act, which will provide new resources what could have happened if they had for uninsured women who are not able and hope to low-income women with found out about their cancer when it to pay for treatment on their own. We breast or cervical cancer. As the House was too late. cannot sit back and watch women die has already passed a similar bill, it is Unfortunately, screening alone—and from a disease that they discovered my hope that Congress will present the life-or-death knowledge about one’s through our program but not help them final legislation to the President for health that comes as a result—cannot fight this disease. enactment this year. save a woman’s life. It is estimated I am extremely pleased that the Sen- Ms. SNOWE. Mr. President, I rise that breast and cervical cancer will ate is bringing the bill up for passage today to express my unwavering sup- kill more than half a million women today; the House overwhelmingly

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20771 passed its version on May 9th and I the breast and cervical cancer screen- think there are very valid concerns hope that the two bills will be rec- ing program at the CDC, and now I’m about creating disease-specific eligi- onciled quickly in conference. fighting to complete the program by bility categories within the Medicaid Ms. MIKULSKI. Mr. President, I rise adding a treatment component. There program. today in strong support of Senate pas- are three reasons why we must swiftly However, despite those concerns, I sage of the Breast and Cervical Cancer enact the Breast and Cervical Cancer am pleased that the Senate passed S. Treatment Act S. 662. I am proud to be Treatment Act. 662 because we are dealing with a thor- the lead Democratic sponsor of this First, times have changed since the oughly unique set of circumstances. bill. This is legislation that will help creation of the CDC screening program The new Medicaid eligibility category save lives, and it has the strong bipar- ten years ago. In 1990, when I wanted to created in S. 662 is specifically linked tisan support of 76 cosponsors. It gives include a treatment component in the to a unique and existing federal screen- states the option of providing Medicaid screening program, I was told we didn’t ing program and must not, and will coverage to low-income women diag- have the money. Well, now we are run- not, be viewed as a precedent for ex- nosed with breast and cervical cancer ning annual surpluses, instead of an- tending Medicaid eligibility body-part through the National Breast and Cer- nual deficits. The screening program by body-part. vical Cancer Early Detection Program was just a down payment, not the only Instead, today the Senate fulfills a under the Centers for Disease Control payment. We have the resources to pro- promise made nearly 10 years ago. We and Prevention, CDC. vide treatment to these women. I think are saying to lower-income, uninsured Senate passage of this legislation was we ought to put our money into saving women that we will continue to help a true bipartisan team effort, and I lives. you access the preventive health care want to recognize the other members Second, prevention, screening, and services you need. But now, through S. of this team. I want to commend the early detection are very important, but 662, our commitment to you will not late Senator John Chafee, who spon- alone they do not stop deaths. Screen- stop with screening. If problems are sored this legislation, for his leadership ing must be combined with treatment found, the federal government stands and genuine commitment to the to reduce cancer mortality. Finally, it ready to work with the states to make women this bill would help. I want to is only right to provide federal re- sure you receive the treatment you thank Senators LINCOLN CHAFEE, MOY- sources to treat breast and cervical need to get well. NIHAN, SNOWE, GRASSLEY, and HATCH cancer for those screened and diag- I am grateful to my colleagues in the for their strong support and leadership nosed with these cancers through a fed- Senate for joining me in supporting as we have all worked together to move eral screening program. this important legislation, and I look this legislation through the Senate. I I look forward to working with my forward to working with my colleagues thank the Majority Leader and the colleagues on both sides of the aisle to in the House to quickly reconcile the Democratic Leader for their commit- ensure swift enactment of the Breast differences between our bills so we can ment to getting this bill through the and Cervical Cancer Treatment Act in see this necessary legislation signed Senate. the final days of this session. Women into law this year. I also want to commend Senator diagnosed with breast and cervical can- f ROTH for his leadership in the Finance cer shouldn’t have to wait another year Committee to ensure committee con- for treatment. I can’t think of any bet- UNANIMOUS CONSENT REQUEST— sideration and passage of this bill. ter way to mark the 10th anniversary H.R. 4986 Thank you also to President Clinton of the CDC screening program than by Mr. LOTT. Mr. President, I ask unan- and Vice President GORE who have finally adding a federal treatment com- imous consent, notwithstanding rule been supportive of providing treatment ponent to ensure that we make a true XXII, that the Senate turn to the con- to women diagnosed with breast and difference in the lives of women across sideration of Calendar No. 817, H.R. cervical cancer through the CDC this country. 4986, relating to foreign sales corpora- screening program, especially by in- Mr. ROTH. Mr. President, I am tions, and that following the reporting cluding a provision similar to S. 662 in pleased that the Senate has passed leg- of the bill by the clerk, the committee the Administration’s Fiscal Year 2001 islation that will dramatically improve amendments be agreed to, with no budget. the lives of lower-income women faced other amendments or motions in order, Finally, none of us would be here with a terrifying diagnosis of breast or and the bill be immediately advanced today to celebrate Senate passage of cervical cancer. to third reading and passage occur, all this bill without the hard work, tenac- Ten years ago, Congress created the without any intervening action or de- ity, persistence, and perseverance of National Breast and Cervical Cancer bate. Fran Visco and the National Breast Early Detection Program, through the I further ask unanimous consent that Cancer Coalition. They have done an Centers for Disease Control, to help the Senate then insist on its amend- outstanding job of making sure that lower-income women receive the early ment, request a conference with the women’s voices from across the coun- detection services that are the best House, and the Chair be authorized to try were heard, listened to, and well protection against breast and cervical appoint conferees on the part of the represented. cancer. This important program has Senate, who would be Senators ROTH, However, our work is not yet fin- served more than a million women in LOTT, and MOYNIHAN. ished. The House of Representatives subsequent years. However, the screen- The PRESIDING OFFICER. Is there must now take up and pass the bill we ing program does not include a treat- objection? passed today. The House should move ment component. Instead, women who Mr. REID. Reserving the right to ob- swiftly to enact this legislation that receive a cancer diagnosis must rely on ject, we have been doing everything we has such overwhelming bipartisan sup- informal networks of donated care. can to move along the appropriations port. Last year, Senator John Chafee in- process. We did that on the energy and The CDC screening program cele- troduced S. 662, the Breast and Cervical water appropriations bill. We are doing brated its 10th anniversary on August Cancer Treatment Act, to make it easi- that on the Interior appropriations 10, 2000. The CDC screening program er for women facing breast and cervical bill. I want the RECORD to be clear, as has provided over one million mammo- cancer to receive necessary treat- the leader knows, we are not holding grams and over one million Pap tests. ment—and I think each and every one up the Interior bill. Among the women screened, over 7,000 of us shares that important goal. Mr. LOTT. Absolutely. We had some cases of breast cancer and over 600 S. 662 makes treatment available reservations on both sides of the aisle cases of cervical cancer have been diag- through the Medicaid program. Now, last night. The reservations on Senator nosed. I am proud to be the Senate ar- maybe some of us would have ap- REID’s side of the aisle were worked chitect of the legislation that created proached the problem differently. I out. The problem now is, as I stated,

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that Senator FITZGERALD has a prob- It was found that our tax arrange- proceed to the consideration of Cal- lem. The Senator from Nevada has ments for foreign sales corporations endar No. 506, H.R. 2884, which extends worked on his part of the problem on were in violation of WTO rules. Fine. energy conservation programs under which, by the way, I agreed with him. We said we will produce a different the Energy Policy and Conservation I believe we have gotten the language measure that is compliant. The Amer- Act through fiscal year 2003. I further we need, so it is not necessary for that ican industry is very happy. We have ask consent that a substitute amend- objection to be filed. the bill. All we need to do is pass it. ment at the desk submitted by Sen- Mr. REID. Mr. President, I further The deadline was October 1. It has been ators MURKOWSKI and BINGAMAN be say under my reservation, we are also extended to November 1. If we do not agreed to, the bill be read a third time standing by ready to work on Trans- do this, we will be remembered as a and passed, as amended, the motion to portation and hopefully Agriculture. It Congress that did not, and not favor- reconsider be laid upon the table, and would be very nice if we could com- ably, sir. that any statements relating to the plete this work which is, as the leader I thank you for bringing it up. I re- bill be printed in the RECORD. knows, overdue. gret there are reservations, but they The PRESIDING OFFICER. Is there The point is, I want the RECORD have nothing to do, that I know of, objection? spread with the simple fact that I am with the essence of this measure. Mr. REID. I object. going to object to Calendar No. 817. It Mr. REID. I would say to my friend, The PRESIDING OFFICER. Objec- is an unusual thing we have to object. I think the statement that the Senator tion is heard. We want to move things along as has made should be within earshot of Mr. MURKOWSKI addressed the quickly as possible, as indicated by the everyone. If there is a problem—and Chair. statement I just made. But as to H.R. somewhat technical in the minds of Mr. LOTT. Mr. President, I would be 4986, I object. I say to the leader, there some—they should come forward. glad to yield the floor to Senator MUR- are people who are looking at this, and Mr. MOYNIHAN. I will stay here all KOWSKI. we hope it can be cleared at an early afternoon and evening. The PRESIDING OFFICER. The Sen- date. Mr. REID. I am sure the Senator can ator from Alaska. The PRESIDING OFFICER. Objec- explain it well. So I invite Senators to Mr. MURKOWSKI. Mr. President, it tion is heard. do that. is my understanding that the majority Mr. LOTT. Mr. President, if I may Mr. LOTT. I would like to make leader attempted to get a unanimous comment, as Senator REID mentioned, clear, if there is a technical amend- consent on the Energy Policy and Con- we hope to move to the Transportation ment, or if there is a germane amend- servation Act. and Agriculture appropriations con- ment, we could certainly get an agree- That bill was objected to? ference reports. I had hoped one or ment to make that in order. Mr. LOTT. I believe there was objec- both of those would be ready today. I What bothers me is that earlier on tion. believe they are both close to comple- there had been indications that there The PRESIDING OFFICER. Objec- tion. In fact, I am sure the Transpor- were unrelated amendments that would tion was heard. tation appropriations conference report ball the Senate up and this bill into Mr. LOTT. If the Senator would is completed, and we should have it, protracted debate. What bothers me allow me, we have one other unani- hopefully, early in the morning. Agri- even more is, as we get closer, hope- mous consent request. If we could get culture has been more difficult for ob- fully, to the end of the session, the that entered into—it has been agreed vious reasons: Getting an exact reliable thinking, I guess, would be, well, we to—then you would have the floor number on what is needed for disasters, will just drop this into something. The without the pressure of making a short but also dealing with issues such as the opportunity for mischief at that point statement. I think Senator REID would drug reimportation question and the is endless because if one Senator shows be able to leave the Chamber, too, if he sanctions issue. They are going to at- up and objects, we could lose it. chooses. tempt to close that conference this So I know Senator REID will be work- f afternoon. We hope to have a vote and ing on this. But this is something that UNANIMOUS CONSENT be ready for action on tomorrow. is important to our country. I assume AGREEMENT—H.J. RES. 110 With regard to this particular bill, that the White House also would like the foreign sales corporation, I under- to get this done. We need to continue Mr. LOTT. Mr. President, I ask unan- stand there are some reservations, but to focus very closely on this piece of imous consent that the Senate proceed hopefully we can find a way to consider legislation. to H.J. Res. 110, the continuing resolu- tion, and after the reporting of the it. f Mr. MOYNIHAN. Would the majority joint resolution by the clerk, it be con- leader yield for a question? UNANIMOUS CONSENT REQUEST— sidered under the following agreement, Mr. LOTT. I do not believe I have the H.R. 4868 with no amendments or motions in floor, I say to the Senator, but I am Mr. LOTT. Mr. President, I ask unan- order: 2 hours equally divided between sure that Senator REID would yield to imous consent that the Senate proceed the chairman and the ranking minority the Senator. to the consideration of Calendar No. member or his designee; 3 hours equal- Mr. REID. I am happy to yield to my 841, H.R. 4868, regarding tariff and ly divided between the two leaders or friend from New York who is so inter- trade laws. their designees. ested in this legislation, and who has The PRESIDING OFFICER. Is there I further ask consent that all time be talked to me about it so many times. objection? used or considered yielded back by the Mr. MOYNIHAN. You say ‘‘reserva- Mr. REID. Reserving the right to ob- close of business today, and when the tions.’’ Sir, if there are any reserva- ject. Senate reconvenes on Thursday at 9:30, tions about the legislation as such, I The PRESIDING OFFICER. The Sen- there be 30 minutes under the control would hope they would bring them to ator from Nevada. of Senator STEVENS and 60 minutes the attention of Senator ROTH, myself, Mr. REID. I do object. under the control of Senator BYRD for and others, and the administration. The PRESIDING OFFICER. Objec- closing remarks, and at 11 a.m. the bill This is absolutely must do legisla- tion is heard. be read for a third time, and passage of tion. If we do not do it, we put our- f H.J. Res. 110 occur, all without any in- selves at risk of a probable certain out- tervening action or debate, and that come—a trade war with Europe. In UNANIMOUS CONSENT REQUEST— this all begin immediately following fact, it would astonish us and injure us, H.R. 2884 the statement by Senator MURKOWSKI. and we will wonder what happened. Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. Is there And nothing need have happened. imous consent that the Senate now objection?

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20773 Mr. REID. Reserving the right to ob- quested unanimous consent to bring up day. At its peak, the SPR contained 592 ject, and I will not object, I say to the the Energy Policy and Conservation million barrels of oil. Currently, the leader and to the Presiding Officer, we Act, referred to as EPCA, and there SPR contains about 570 million barrels have a number of people who wish to was objection raised. I wonder if of oil, so there has been a drawdown. speak on this matter today. We have the—— We have seen the action by the Presi- the time to do that. If we can work The PRESIDING OFFICER. The Sen- dent in transferring 30 million barrels something out with the Senator from ator is correct. out of the SPR to be turned into heat- Illinois, there are people waiting to Mr. MURKOWSKI. Mr. President, I ing oil. It is rather interesting to note speak today on this matter. would hope that my colleagues who that the formula doesn’t necessarily Mr. LOTT. I believe the Senator from have raised an objection to the Senate relate to 30 million barrels of heating Illinois understands it will be 6 or 6:15 taking up this legislation would recon- oil. We will actually get somewhere be- or thereabouts before he would be able sider. This is a very important piece of tween 4 and 5 million barrels of heating to resume making his statement. So legislation. It is the reauthorization of oil out of 30 million barrels of crude that would give us a couple hours that the Energy Policy and Conservation oil, about a 2- to 3-day supply. we could use before that time, and then Act. As a consequence of the President’s additional time after that, if it is nec- Senator BINGAMAN, who is the rank- action, there is a legitimate question essary. So hopefully we can get started ing member of the Energy and Natural of whether the President had the au- right away. Resources Committee, and myself, as thority to transfer that oil out of the Mr. REID. I say to the leader, chairman, have worked closely to come SPR since the authorization for the through the Chair, the Senator from Il- together with this compromise legisla- Strategic Petroleum Reserve expired linois has been most gracious today. I tion. We have worked with the admin- March 30 of this year. In any event, know he believes very passionately and istration. there is absolutely no reason why it strongly about the issue he has been It is my understanding that the ad- shouldn’t be authorized, regardless of debating. But he has been very cooper- ministration supports this legislation, individual attitudes on the appro- ative, generous in allowing us to inter- and for good reason: Because the En- priateness of drawing the SPR down. rupt as long as he did not lose the ergy Policy and Conservation Act, ini- It was created in response to the dif- floor. I extend my appreciation to the tially passed in 1975, deals with issues ficulties faced in 1973, when we experi- Senator from Illinois for allowing us to at hand, issues that are affecting the enced the Arab oil embargo. Many of us do that. energy supply in this country, issues remember that time. We were out- Mr. FITZGERALD. I just reserve the that are affecting the price of energy in raged. We had gasoline lines around the right to object. this country; and issues that the ad- block and the public was indignant. My understanding is that I will have ministration has mandated pass the They blamed everybody—the Govern- the floor again at about 6:15. Mr. LOTT. Or thereabouts. It could Congress of the United States, specifi- ment. How could it happen in the be earlier or 5 minutes later, but fully cally, this body because these issues United States that we had run out of it is our intent to have the Senator deal with the domestic oil supply and gasoline? The concept was simple. At from Illinois resume his statement at conservation and the Strategic Petro- that time, most of us believed America that time or at about that time. leum Reserve and the International should not be held hostage again to Mr. FITZGERALD. I thank the lead- Energy Program, or IEP, as the agree- Mideast oil cartels and that this would er for his accommodation. ment stands. act as our protection against cutting Mr. MURKOWSKI addressed the Certain authorities for the Strategic off our supplies. Unfortunately, we find Chair. Petroleum Reserve, or SPR, and U.S. ourselves in a situation today where The PRESIDING OFFICER. The Sen- participation in the International En- our domestic policies have led us to ator from Alaska. ergy Program expired in March of this being held hostage by another tyrant. Mr. LOTT. Was there objection? year. The legislation before us would That tyrant in the Mideast is one Sad- I believe the request was agreed to. extend these authorizations through dam Hussein. The PRESIDING OFFICER. Is there September 30, 2003. Clearly, we are becoming more and objection? I think it is rather ironic that we are more dependent on Saddam Hussein. Without objection, it is so ordered. out of compliance in the sense of hav- Currently, 750,000 barrels a day of Sad- Mr. LOTT. I yield the floor. ing both these significant issues expire dam Hussein’s oil come to the United Mr. MURKOWSKI. I ask unanimous at a time when we have an energy cri- States. It is even more significant that consent, if I may, to proceed off the sis and we have not acted upon them. Saddam Hussein has taken a pivotal leader’s time on the CR that is before I would like to point out several facts role in the oil issue worldwide, because the body. about the legislation before us and the the difference between production ca- Mr. REID. Reserving the right to ob- need for that legislation. pacity and consumption is a little over ject, Mr. President, I say to my friend, We have seen a lot of publicity given 1 million barrels a day. In other words, we have a number of Senators who to the Strategic Petroleum Reserve we are producing a little over 1 million have been waiting for a long time. Will and the emphasis put on the signifi- barrels more than we can consume, but the Senator give us some idea as to how long he will be? cance of that as kind of a savings ac- that is the maximum production. Out Mr. MURKOWSKI. I will be very count for oil in case we have an inter- of that, Saddam Hussein is contrib- short. I imagine I will be 10, 12 min- ruption from our supply from overseas, uting almost 3 million barrels a day. utes. a supply which currently is about 58 So you can see the leverage that Sad- Mr. REID. Mr. President, I ask unan- percent of our total consumption. dam Hussein has. He has already imous consent that following the state- Title I of EPCA provided for the cre- threatened to cut production. He went ment of the Senator from Alaska the ation of SPR, the Strategic Petroleum to the U.N., when they asked for spe- Senator from Illinois be given 10 min- Reserve, and set forth the method and cific programs for repayment of dam- utes off the time that has been re- circumstances for its drawdown and ages associated with his invasion of served for Senator BYRD. distribution in the event of a severe en- Kuwait. He said: If you make me do The PRESIDING OFFICER. Without ergy supply interruption or to fulfill this now, what I am going to do is sim- objection, it is so ordered. U.S. obligations under the IEP agree- ply put off any further plans to in- f ment. crease production, and I very well may The SPR currently contains approxi- reduce production. ENERGY POLICY AND mately 570 million barrels of oil and You can see the leverage he has if he CONSERVATION ACT has a total capacity of about 700 mil- reduces production. What is the world Mr. MURKOWSKI. Mr. President, my lion barrels, with a daily drawdown ca- going to do? The price is going to go understanding is that the leader re- pacity of about 4.1 million barrels per up, and they are going to pay the price.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20774 CONGRESSIONAL RECORD—SENATE October 4, 2000 So what we have seen today is the re- or five times a season. The reserve The Summer Fill and Fuel Program ality that the world is consuming just could create an unworkable, rather authorizes a summer fill and fuel budg- slightly less oil than we are producing. elaborate regulatory program used to eting program. Because of this, we have not been able implement it. The program will be a state-led edu- to build up our supply of inventory Second, I was most concerned about cation and outreach effort to encour- against any unexpected supply inter- the trigger mechanism included in the age consumers to take actions to avoid ruption, which very well could occur. House language that seemingly gave seasonal price increases and minimize The Mideast is still an area of crisis the Secretary total discretionary au- heating fuel shortages—such as filling and controversy. thority to release oil from the reserve. tanks in the summer. Here we are, as we approach the I believe we have addressed the major- The Federal Lands Survey directs the fourth quarter of the year, and we have ity of the problems associated with the Secretary of Interior, in conjunction the difference between supply and de- creation of such a reserve by clarifying with the Secretaries of Agriculture and mand, the knowledge that it is going to the trigger mechanism. Energy, to undertake a national inven- tighten even further, and this leads, as The mechanism we have in this bill tory of the onshore oil and gas reserves I have indicated, to a volatile world- allows the Secretary to make a rec- in this country and the impediments to wide oil market. ommendation for release if there is a developing these resources. It is troubling in the United States severe supply interruption. This is This will enable us to get a better because we have allowed ourselves to deemed to occur if, one, the price dif- handle on our domestic resources and become 58-percent dependent on im- ferential between crude oil, as reflected the reasons why they are not being de- ported oil, and this has grown dramati- in an industry daily publication such veloped. cally in the past few years. What dis- as Platt’s Oilgram Price Report or Oil The DOE Arctic Energy Office estab- turbs me most is the fact that we have Daily, and No. 2 heating oil, as re- lishes within the Department of En- become even more dependent on Iraq. ported in the Energy Information Ad- ergy an Office of Arctic Energy. As a consequence, it is fair to recognize ministration’s retail price data for the Most of the energy in North America that with Saddam Hussein now calling Northeast, increases by more than 60 is coming from above the Arctic Circle. the shots in the world energy markets percent over its 5-year rolling average; The office will promote research, de- and the United States allowing him to and second, the price differential con- velopment, and deployment of energy do so, we have basically put in danger tinues to increase during the most re- technologies in the Arctic. the security of Israel. cent week for which price information This provision is critical as the Arc- Make no mistake about it. Every is available. We have this mechanism tic areas of this country have provided speech he concludes, he concludes with: in this legislation, and it has been for as much as 20% of our domestic pe- Death to Israel. It is kind of ironic. agreed to by virtually every Member of troleum resources—have more than 36 Maybe I am oversimplifying our for- this body. TCF of proven reserves of gas, and an As to EPCA reauthorization, the bill eign policy, but it seems as though we abundance of coal, as we look at future extends the general authority for buy his oil, put it in our airplanes and energy needs of this country. EPCA through September 30, 2003. It might surprise members to know go over and bomb him. We have had On the Strategic Petroleum Reserve, that the Department of Energy em- flown over 200,000 sorties since the Per- the authorities for SPR are extended sian Gulf war, where we go over and en- through September 30, 2003. It ploys no personnel in Alaska! There is a 5 megawatt exemption force what amounts to an air blockade. strengthens the defense aspects of SPR As a consequence, we are in a situation by requiring the Secretary of Defense that allows the State of Alaska to as- where we are supplying the cash-flow to affirm that a drawdown would not sume the licensing and regulatory au- for his Republican Guard as well as the have a negative impact on national se- thority over hydro projects less than 5 development of his missile and delivery curity. That was an important provi- megawatts. This will expedite the process and capability and his biological capa- sion Senator BINGAMAN and I nego- bility. This is a mistake. tiated. cost of getting this clean source of en- Because of this, it is imperative that We also have stripper well relief, the ergy in wider use in Alaska. we continue to place the focus of the small stripper wells that we are so de- The Senate has already passed this Strategic Petroleum Reserve on a de- pendent on that were threatened the provision. fensive weapon against severe supply last time we had a price downturn. The The justification is that there is no interruptions and that we do not use it amendment retains the provision con- way a small community, a small vil- as an offensive weapon to manipulate tained in the House bill that would lage, can put in a small hydrobelt market forces. We have debated that give the Secretary of Energy discretion wheel on a stream that has no anad- issue on the floor before. I think this to purchase oil from marginal—that is romous fish and generate power to re- bill achieves a balance. 15 barrels of production daily or less— place dependence on high-cost diesel, What we have in this bill is very im- wells when the market price drops much of which is flown in, and still portant because many Members are below $15. Otherwise, these wells will meet the requirement of the FERC, from the Northeast, and this bill covers be lost. The cost of production to get which licenses these small operations. heating oil reserves. The legislation them back up is such that they would And, as a consequence, we have not contains language authorizing the Sec- never go on line again. This would give been able to utilize them in many of retary of Energy to create a home some certainty to these producers that the areas to replace the high cost of heating oil reserve in the Northeast. we really value, the strippers, as the diesel. Several points about this: First, I true strategic petroleum reserve, and We have royalty-in-kind. have personal concerns about the es- an operational one, in this country. This provision allows the Secretary tablishment of such a reserve. A re- This provision would hopefully offset of the Interior more administrative serve could actually act as a disincen- the loss of some 600,000 b/d of lost pro- flexibility to increase revenues from tive to marketers to keep adequate duction that occurred because of the the government’s oil and gas royalty- supplies of oil on hand for fear that the dramatic price decrease in 1999. in-kind program. price could drop out of their market at This amendment also allows the Sec- Under current law, the government any time. That is a possibility, with retary to fill the SPR with oil bought has the option of taking its royalty the Government going into competi- at below average prices. share either as a portion of production, tion. We have weatherization. It strength- usually one-eighth or one-sixth, or its A government-operated reserve of 2 ens the DOE Weatherization program equivalent in cash. million barrels could actually tie up by expanding the eligibility for the Recent experience with MMS’s roy- storage capacity that private market- program and increases the per-dwelling alty-in-kind pilot program has shown ers would fill and deplete usually four assistance level. that the government can increase the

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20775 value of its royalty oil and gas by con- Mr. President, I ask unanimous con- here in Washington, DC, my wife and I solidation and bulk sales. sent that under the time reserved to picked up our little girl, took all of our Under royalty-in-kind, the govern- the minority on the continuing resolu- earthly possessions, and moved to the ment controls and markets its oil with- tion, Senator DURBIN, who has been State capital of Springfield, IL. It was out relying on its lessees to act as its waiting patiently all afternoon, be rec- our first time to visit that town. We agent. This eliminates a number of ognized for 10 minutes, Senator BOXER went there and made a home and had issues that have resulted in litigation be recognized for 30 minutes, Senator two children born to us there and in recent years and allows the govern- GRAHAM for 30 minutes, Senator HAR- raised our family. ment to focus more directly on adding KIN for 15 minutes, Senator FEINGOLD So for 31 years Springfield, IL, has value to its oil and gas. for 10 minutes, and Senator WELLSTONE been our home. It has been a good Finally, the FERC relicensing study for 5 minutes. home for us. We made a conscious deci- requires FERC to immediately under- Mr. MURKOWSKI. Senator BINGAMAN sion several times in our lives to stay take a review of policies, procedures, and I have worked in a bipartisan man- in Springfield. It was the type of home and regulations for the licensing of hy- ner on this legislation. I am sure Sen- we wanted to make for our children, droelectric projects to determine how ator BINGAMAN would want to express and our kids turned out pretty well. We to reduce the cost and time of obtain- his views. I encourage him to avail think it was the right decision. Spring- ing a license. himself of that opportunity. It is my field has been kind to me. It gave me a I remind colleagues that this is a bi- understanding that the administration chance, in 1982, and elected me to the partisan piece of legislation that has supports the triggering mechanism in House of Representatives, and then it been developed between Senator BINGA- our bill as opposed to the one in the was kind enough to be part of the elec- MAN and myself on the Energy Com- House bill specifically, and, as a con- torate in Illinois that allowed me to mittee. It has been cleared, as I under- sequence, we have worked toward an serve here in the Senate. stand it, by our side unanimously. It is effort to try to reach an accord. I have come to know and love the my understanding that there still re- We are certainly under the impres- city of Springfield, particularly its mains objection on the other side, al- sion on this side that we worked this Lincoln history. I was honored as a though we have had assurances that we out satisfactorily to the administra- Democrat to be elected to a congres- are willing to work and try to address tion. But objections may be raised. sional seat of which part was once rep- the concerns of those on the other side Senators are entitled to make objec- resented in the U.S. House of Rep- who have chosen to place a hold on this tions, but I hope they are directed at resentatives by Abraham Lincoln. Of legislation. issues that clearly address environ- course, he was not a Democrat. He was In view of the heightened emotions mental improvements. a Whig turned Republican—first as a associated with our energy crisis in I have nothing more to say other this country, this is very responsible Whig as a Congressman and then Re- than this legislation is needed. We have publican as President. But we still take legislation that is needed and is sup- a crisis in energy, and we had best get ported by the administration. It is great pride in Lincoln, whether we are on with it. Otherwise, I think the prob- Democrats or Republicans. timely, and it is certainly overdue in lem is going to suffer the exposures, view of the fact that we are down to When I was elected to the Senate, particularly since we won’t have au- the last few days of this session. I hope their came a time when someone asked thorization. me to debate my opponent. They said we can come to grips with meeting the I thank the Senator. obligation we have to pass the Energy it was the anniversary of the Douglas- I see the Senator from California, Lincoln debate of 1858 which drew the Policy and Conservation Act out of who may be able to shed some light on this body. attention of the people across the this. United States. Douglas won the senato- I yield the floor. The PRESIDING OFFICER. Is there Mr. REID. Before the Senator from rial contest that year. Two years later, objection to the time agreement as Lincoln was elected President. Alaska leaves the floor, I of course rec- proposed by the Senator from Nevada? ognize the expert on our side of the It seems that every step in my polit- Without objection, it is so ordered. ical career has been in the shadow of aisle dealing with this legislation is Mr. REID. Mr. President, I don’t this great Abraham Lincoln. the Senator from California, Mrs. think we need unanimous consent. The BOXER. I want to say this because I am In about 1991, I reflected on the fact time is under our control. We can allo- that in Springfield, IL—despite all of the one who objected to this. Following cate it any way we desire. what the Senator from Alaska has the things that are dedicated to Abra- said—and I have the greatest respect f ham Lincoln, the State capital where for him, and we work together on many MAKING CONTINUING APPROPRIA- he made some of his most famous issues—it seems to me we can resolve TIONS FOR THE FISCAL YEAR speeches and pronouncements, and his this very quickly. There is a com- 2001 old law office where he once practiced panion bill, H.R. 2884, which already The PRESIDING OFFICER. The law, the only home he ever owned passed the House. We can bring it up clerk will state the joint resolution by across the street from my senatorial here as it passed the House. It would go title. office, just a few blocks away the Lin- through very quickly. We believe that The assistant legislative clerk read coln tomb, and only a few miles away would take care of the immediate prob- as follows: Lincoln’s boyhood home in New lems facing us—the home heating oil A joint resolution (H.J. Res. 110) making Salem—of all of these different Lincoln reserves and the Strategic Petroleum further continuing appropriations for the fis- sites in that area, for some reason this Reserve. cal year 2001, and for other purposes. great President was never given a cen- The problem we have, and the reason There being no objection, the Senate ter, a library in one place where we for the objection, is that to H.R. 2884 proceeded to consider the joint resolu- could really tell the story of Abraham my friend from Alaska added some tion. Lincoln’s life to the millions of people very—from our perspective—very con- The PRESIDING OFFICER. The Sen- across the world who are fascinated by troversial oil royalties, among other ator from Illinois is recognized. this wonderful man. things. So we believe if the home heat- Mr. DURBIN. Mr. President, it is my We had at one point over 400,000 tour- ing oil reserve is as important as we understanding that pursuant to the re- ists a year coming to the Lincoln think it is—and we believe it is ex- quest of the minority whip, I will be home. I know they are from all over tremely important—and if the Stra- recognized for 10 minutes. the world because I see them every day tegic Petroleum Reserve is as impor- The PRESIDING OFFICER. The Sen- when I am at home in Springfield. tant as we think it is, we should go ator is correct. I thought: we need to have a center, with the House bill. We can do that in Mr. DURBIN. Mr. President, 31 years one place that really tells the Lincoln a matter of 5 minutes. ago, when I graduated from law school story and draws together all of the

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20776 CONGRESSIONAL RECORD—SENATE October 4, 2000 threads of his life and all of the evi- I cannot tell that it is in the best loca- STATE OF ILLINOIS, dence of his life so everyone can come tion in the city of Springfield. I didn’t CAPITAL DEVELOPMENT BOARD, to appreciate him. choose that location. I believed it Springfield, IL, October 3, 2000. In 1991, that idea was just the idea of wasn’t my place to get involved. The Hon. RICHARD J. DURBIN, a Congressman, and I tried my best to Russell Senate Office Building, minute this Lincoln center was sug- Washington, DC. convince a lot of people back in Illinois gested, people from all over Springfield DEAR SENATOR DURBIN: This letter is an ad- of the wisdom of this notion. I worked who owned real estate came flocking to ditional attempt to allay concerns that have on it here in Washington over the my door and reminded me of what good been raised about our state’s commitment to years. Once in Congress, people came friends they were and asked me to pick competitive bidding and the efficacy of our along and said: Maybe it is a good idea. their location for the Lincoln center. I state purchasing laws. Let me assure you There should be a Lincoln Presidential said I wasn’t going to do it. It that all construction contracts for this li- brary and museum are being and will con- center. We really ought to focus the shouldn’t be a political decision. It tinue to be competitively bid pursuant to national attention on this possibility. should be a decision made in the best state law that is at least as stringent, if not We passed several appropriations interests of the hundreds of thousands more so, than federal bidding requirements. bills in the House. Some of them didn’t of people who will come and visit this Competitive bidding has long been the re- go very far in the Senate. But the in- location. quirement for State of Illinois construction terest was piquing. All of a sudden, The location which they have chosen contracts and was most recently reaffirmed more and more people started dis- is in a good spot when you consider the with the passage of the stricter Illinois Pro- cussing this option and possibility. curement Code of 1998. Only six exemptions restoration of the old railroad station to that provision, which are defined by rule I recall that in the last year of the from which Abraham Lincoln left for and must be approved by the Executive Di- Governorship of Jim Edgar in his last his Presidency, and the old State cap- rector, exist: State of the State Address he raised ital which was important in his life and (1) emergency repairs when there exists a this as a project that he would like to to this new center. They create a cam- threat to public health or safety, or where put on the table for his last year as pus that I think will be visited and en- immediate action is needed to repair or pre- Governor. He told me later that he was vent damage to State property; joyed by a lot of people. (2) construction projects of less than amazed at the reaction. People from all There was also a question about the $30,000 total; over Illinois were excited about this design of the center. I am no architect (3) limited projects, such as asbestos re- opportunity. He weighed in and said or planner. I really defer to others. I moval, for which CDB may contract with the State will be part of this process. know what I would like. I would like to Correctional Industries; His successor, Gov. George Ryan, and put in my two cents worth. But I am (4) the Art-in-Architecture program which his wife Laura Ryan, also said they follows a separate procurement process; not going to act as an architect, a (5) construction management services wanted to be part of it. The mayor of planner, or an engineer. That is really which are competitively procured under a Springfield, Karen Hasara, asked that a decision to be made by others. It separate law; and, the State accept from the city of should not be a political decision. (6) sole source items. Springfield a parcel of real estate so I think what Senator FITZGERALD None of these exceptions have ever or will they could build the center. said during the course of this debate is apply to the library project, as they do not All of a sudden, there came together that the bidding process for this center apply to the overwhelming majority of CDB’s projects. at the local and State level this new should not be political either. I agree With regard to the federal practice of momentum and interest in the idea of with him completely. I think he is on ‘‘weighting’’ construction bid criteria, there a Lincoln Presidential library and a the right track. is no similar provision in state law, because Lincoln center. I was energized by As he and I have said in various there is only one criteria allowed—our bids that. ways, a center that honors ‘‘Honest must be awarded to the lowest responsible Then, of course, the Illinois Congres- Abe’’ should be built in an honest fash- bidder—period. While it appears to me that sional Delegation weighed in in support ion. That is what we are going to try to the federal government has taken the ap- of it, and we have tried now to make a proach that it will determine the responsive- do in Springfield, IL. Senator FITZ- ness of the individual bidders after bids are contribution from the Federal level to- GERALD and I have been in agreement received, Illinois law actually requires that ward this national project, which to this point. I believe, though, that we process to occur before bidding takes place. brings together local, State, and Fed- may have some difference of opinion in Construction companies are required to be- eral sources in the name of Abraham how we are going to progress from come prequalified with CDB before they can Lincoln. here. bid on construction projects. It is during the This Interior appropriations bill, of I, frankly, believe that trying to cre- prequalification process that we determine a course, includes $10 million of a $50 ate a new bidding process for this cen- company’s bonding capacity and assess their million authorization for that purpose. ter involving Federal rules may be dif- work history and level of experience through reference checks—in short, their ability to I think that is a good investment and a ficult and may be impossible. What perform construction work. very worthy project for which I fought agency is going to do it? Who is going All bids for a construction project are for 10 years. to implement these rules and regula- opened during publicly held and advertised I am happy to have joined with my tions? How will this law apply? But I ‘‘bid opening’’ meetings. All interested con- colleague, Senator FITZGERALD, who of- agree with him that whatever process structors are informed at that time of the fered a bill which authorized this cen- we use—whether it is Federal, State, or bid amounts. There is no provision that al- ter. He offered this bill as a free- lows CDB not to award to the low bidder. some other means—that it should be I hope that this clarifies some of the issues standing piece of legislation. I coau- one where competitive bidding is the that have been raised. Please do not hesitate thored it with him. He added an absolute bottom line so that it is open to call on me if I may be of further assist- amendment relative to the bidding and honest. ance. process, and that amendment was That is why I asked of the Capital Sincerely, adopted in committee. It was agreed to Development Board in Springfield, KIM ROBINSON, on the floor. It is my understanding which I believe will be the agency su- Executive Director. that it is now going to be sent over to pervising this bidding, for a letter that Mr. DURBIN. Mr. President, this let- the House for conference. I was happy expressly states that this process will ter was sent to me by the executive di- to stand with him in that effort. be done by open competition and open rector of the Illinois Capital Develop- But I think I would like to reflect for bidding. I received that letter yester- ment Board, Kim Robinson. I don’t a moment on this project and to say a day. know Kim Robinson personally. But few words about the debate that has I ask unanimous consent that it be she writes to me in this letter of Octo- gone on today on the floor of the Sen- printed in the RECORD. ber 3 that there are certain exceptions ate. There being no objection, the letter to competitive bidding under the Illi- The debate seems to focus on several was ordered to be printed in the nois State law. She lists all six of different aspects of this Lincoln center. RECORD, as follows: them, and then concludes:

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20777 None of these exceptions have ever or will This project should go forward. The Il- centennial will not be fully celebrated apply to the library project, as they do not linois congressional delegation sup- until 2009. This legislation is a great apply to the overwhelming majority of ports this project. Let us demand it be first step in a celebration of the life CDB’s projects. open and honest, and then let us sup- and accomplishments of a great Presi- By that statement it is clear to me port it enthusiastically. Frankly, I dent. that there is going to be open competi- think we all have an obligation to tax- Mr. FITZGERALD. Will the Senator tive bidding on this project. payers—Federal, State, and local yield? The point that was raised by Senator alike—to meet that goal. Mr. DURBIN. I am happy to yield to FITZGERALD earlier in the debate about I close with one comment because I the Senator. qualified bidders is a valid one. Who want to be completely open and honest Mr. FITZGERALD. I compliment my will be bidding on this project? I do not on the record. My colleague, Senator colleague, my friend from Illinois. Ex- know. Frankly, no one has come for- FITZGERALD, during the course of the tending my time line further, I started ward to me and suggested that they debate has mentioned the Cellini fam- in 1998. There are a lot of articles going want to be bidding on this project. It ily of Springfield. The Cellini family is back to the early 1980s when Senator wouldn’t do them any good anyway. I well known. My wife and I have known DURBIN—then Congressman DURBIN— am not going to make that decision. I Bill and Julie Cellini for over 30 years. was working hard to get this project haven’t involved myself in the location We are on opposite sides of the polit- off the ground. I compliment him for or design. I leave that to others. But I hope when this happens and ical fence. He is a loyal Republican; I his hard work over a number of years bidders are solicited that it is an en- am a loyal Democrat. Seldom have we on behalf of this project. I appreciate his love for Springfield. tirely open process as well. I will guar- ever come together, except to stand on antee that there will be more attention the sidelines while our kids played soc- Senator DURBIN has talked many times paid to this bid for this project in cer together or joined in community at our weekly Thursday morning Springfield, IL, than probably anything projects. They are friends of ours. I breakfast about his love for Spring- in its history. have taken the floor of the Senate to field. I know that he and his wife Lo- I credit Senator FITZGERALD for note that Julie Cellini is an author in retta have lived in Springfield for bringing that attention forward. But our town who has done some wonderful many years. I am hopeful that we can let us proceed with the premise that it profiles of people who live in Spring- work together and build a wonderful is going to be a transparent process. field. Abraham Lincoln Library that will And let us make certain that as it pro- I make it part of this record today, truly be a credit not just to Springfield gresses we will have at least an oppor- when I came up with the original con- but to the whole State of Illinois and tunity to assess it every single step of cept of this Lincoln center, there were the entire country. the way. three people who came forward and I also thank Senator DURBIN for his I also add that during the course of said they were excited about it and support and the amendment he offered his statement today my colleague has wanted to work with me on it. This in the Senate requiring the Federal raised questions about previous bidding goes back 10 years now. They included competitive bid rules. Senator DURBIN processes by Governors in the State of Susan Mogerman, who works with the has been very supportive and the whole Illinois. Illinois State Historical Library, as Illinois delegation supports the The PRESIDING OFFICER. The Sen- well as Nikki Stratton, a woman in- project. There has simply been a dif- ator’s 10 minutes has expired. volved in Springfield tourism, and ference of opinion as to which bidding Mr. DURBIN. I ask unanimous con- Julie Cellini. These three women have rules should be attached. sent for 5 additional minutes. worked tirelessly for 10 years on this I did want to point out that the State The PRESIDING OFFICER. Without project. I never once believed that any code does contemplate, where Federal objection, it is so ordered. of them would be involved in this be- strings are attached, Federal appro- Mr. DURBIN. Mr. President, ques- cause they thought there was money at priations, that State agencies receiving tions have been raised by Senator FITZ- the end of the rainbow. I think they Federal aid, grant funds, or loans, shall GERALD about the bidding processes genuinely believe in this idea and they have the authority to adapt their pro- under Governors in the State of Illi- believe it is good for Springfield and cedures, rules, projects, drawings, nois. For the record, there has not been good for the State of Illinois. maps, surveys, and so forth, to comply a Democratic Governor in the State of I can’t speak to any other dealings with the regulation, policy, and proce- Illinois for 24 years. So if he is sug- by that family or any other family, but dures of the designated authority of gesting that there have been irregular- I can say every contact I have had with the U.S. Government in order to re- ities under Governors, it is likely that those three women and their families main eligible for such Federal aid they have not been of my political about this project has been entirely funds. party. I can tell you without exception honorable, entirely above board, and in I think that provision would be help- that I have never involved myself in the best interests of civic involvement ful in the case of this grant or any any bidding process in Springfield by for an extremely important project, other grant where the Federal Govern- the State government. I have consid- not only to our city of Springfield but ment seeks to ensure the proper ac- ered my responsibilities to be here in to the State of Illinois and to the Na- countability of the Federal funds. Washington and not in the State cap- tion. I compliment my colleague and ital. Frankly, the people who bid on I hope when this is all said and done, thank him for his working and allow- contracts and whether they are suc- this delegation can come together, ing me to make my views known. I cessful is another part of the world in closely monitor the bidding process, do look forward to continuing to work which I have not engaged myself. I am everything in our power to help make with the Senator this year and in fol- not standing here in defense of any of this center a reality, and at the end of lowing years. these bidding processes, or making ex- the day I hope we will be alive and be Mr. DURBIN. I thank Senator FITZ- cuses for any of these processes. If there at the opening of this great cen- GERALD. there was any wrongdoing, then let ter. In closing, you know your senatorial those in appropriate positions inves- I was honored a few months ago by lineage is traced to Steven Douglas, tigate that and come to conclusions. our Democratic leader, TOM DASCHLE, and I checked the history of the Sen- Whether there was any reason for any to secure a spot as a member of the ate. I am afraid he is on our side of the kind of prosecution or investigation, Abraham Lincoln Bicentennial Com- aisle, and he traced himself to my seat. that is not in my province nor my re- mission. I can think of few higher hon- You have some distinguished senato- sponsibility. ors than to work and celebrate the life rial colleagues who proceeded you, and I hope at the end of this debate we and accomplishments of one of the I am certain you are very proud of can remove any cloud on this project. world’s greatest leaders. The actual bi- them as well.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20778 CONGRESSIONAL RECORD—SENATE October 4, 2000 The PRESIDING OFFICER (Mr. This is an area that has been fraught all that marketing for us so they will VOINOVICH). The Senator from Cali- with complication and difficulty. I get back plenty of money. We will wind fornia. frankly have found myself on the side up paying them to market their prod- Mrs. BOXER. It is my understanding of the consumers who have said they uct. This is a very confusing matter. I now have 30 minutes. have been shortchanged by the oil com- So what happens? Without one hear- The PRESIDING OFFICER. The Sen- panies. I believe that those of us who ing in the Energy Committee, we have ator is correct. fought for 3 long years for a fair roy- before us a substitute bill that I have ROYALTY PAYMENTS alty payment did the right thing. Why objected to and others have objected to Mrs. BOXER. I am pleased to come to do I say that? Because under the old that would essentially say, regardless the floor today to try to shed a little system there have been lawsuits and of all the work, Senator BOXER, that light, if not a little heat, on an issue almost in every case—I do not even you and many of your colleagues went that was raised by the Senator from know of any case where we did not pre- through to get a fair royalty payment, Alaska, Mr. MURKOWSKI, when he asked vail on behalf of the taxpayers. we are going to come around in the unanimous consent that we take up I hear today that the Federal Gov- backdoor when nobody is looking and H.R. 2884, but substitute his amend- ernment has collected, because there we are going to put in a new way to fig- ment to that bill, and pass it. The have been some recent settlements, al- ure out how to pay royalties. We are unanimous consent request was made most a half a billion dollars of payment going to expand this payment-in-kind by the majority leader on behalf of from the oil companies. Do you know program even before we have held one Senator MURKOWSKI. He came to the why? Because they have been cheating hearing on whether it even works. The floor with a very eloquent discussion of the taxpayers out of the royalty pay- pilot programs are going to be com- why he believed it was important. ments that they were supposed to pleted very soon, in about 3 or 4 I am one of the Senators—there is make based on the fair market value. months, at least one of them. Another more than one—who objects to this One of the ways they have cheated the one will be done next year. What is the bill. I think it is very important to taxpayers is to undervalue the oil. If rush to pass a 5-year authorization on state clearly on the record why. First, you are in beginners math, you know a royalty payments in kind? What is the H.R. 2884 as it came over from the percentage of a smaller number will rush? Is that the way to govern? Is that House does exactly the right thing. It yield yet a smaller number. So they did the way to legislate? reauthorizes the Strategic Petroleum not do the proper math. They didn’t No other industry in America gets Reserve, and it sets up a home heating show what the oil was worth. They un- this chance. I say, if you read the sub- oil reserve. That is very important for dervalued the oil and then they took a stitute offered by my good friend, Sen- the people of this country, particularly percentage of the undervalued oil and ator MURKOWSKI, you are going to find the people in the Northeast. We could gave it to the taxpayers and we were a few things in there that are going to pass that in 1 minute flat by unani- shorted a half billion dollars—maybe raise your eyebrows. mous consent request. No one has any more. That is just the recent settle- In the very first draft, they set up an- problem. ment. other definition of ‘‘fair market What is the problem, my friends? So after 3 years of fighting—and, be- value.’’ I protested. They dropped it. Senator MURKOWSKI has essentially lieve me, I had to stand on my feet and Now it just says the royalty in kind added to that bill a whole new body of fight long and hard, and so did a lot of has to be paid in a fair market value, law concerning royalty payments by my colleagues, and I thank them—we but it doesn’t define it. It doesn’t do the oil companies, which they owe the were able to make sure that a fair way what the rule does for the in-cash pay- taxpayers of the United States of of determining the fair market value of ments. So now you have two con- America. It deals with the ability of that oil was put in place. flicting ways, one way that is clearly the oil companies to pay, not in cash— In the middle of all this comes the defined if you pay in cash and one way which is essentially the way they pay payment-in-kind program. In other that is open to interpretation, fair now—but in kind. It would encourage, words, instead of paying cash, we say market value—whatever that means— by many of the provisions in it, the to the oil and gas companies we are for the payment in kind. payment of these royalty payments in going to try an experiment. We are Do you know what I see? Again, you kind. In other words, Uncle Sam would going to try a pilot program. We are don’t have to be an expert in econom- become the proud owner of natural gas, going to allow you to pay your royal- ics. I was an economics major, but that Uncle Sam would become the proud ties in kind. That is like if you owed was so many years ago I don’t pretend owner of oil. And, by the way, Uncle the Government your income taxes and to be an expert. But if I say to you, Sam would then have to in some cases said: Uncle Sam, I’m short. Will you ‘‘fair market value,’’ you are going to market that product. take the payment in, say, my mother’s say, ‘‘I think that is a willing buyer I don’t think we are good at becom- antique chest? That’s worth about and a willing seller.’’ ing a new Price Club. I really don’t. My $1,000 and that’s what I owe. If I ask Sarah here, who has worked friend from Alaska says: But the Gov- By the way, we do this with no other so hard on this, she is going to say: I ernment wants to do it, they want to commodity. We have checked the think that is a little risky because the do it. They came to us; they asked us; records. We say to them something we seller might be a subsidiary of the they want to do it. Show me one bu- say to no one else who owes the Fed- buyer. That is not arm’s length. It has reaucrat in Government who doesn’t eral Government: You can pay your to be an arm’s length agreement. want more power, more authority, dues, your royalty payments, in kind. Somebody else might say: Forget more jobs, and I will show you a rare I have a lot of problems with that. A that. Let’s just go to the published bureaucrat. lot of my colleagues think it is just newspaper in terms of what the oil is The royalty payments that come into great. But, again, it is my experience selling for on that date. this Federal Government go to the that we do not do too well in the busi- Frankly, that is the one I like. That Land and Water Conservation Fund. ness world in government. We are bet- is the one we use in the definition when Let me be clear what a royalty pay- ter off doing our work here, getting you pay royalty in cash. ment is. When you find oil on Federal that straight. Now we are going to ex- The first problem is you are setting land offshore and onshore, you must pand. It is going to be Uncle Sam’s Oil up a whole conflict here. I will tell you, pay a percentage of that to the tax- Company; Uncle Sam’s Gas Company: those guys with those sharp pencils payers. It is like rent. You are using Drive in and fill her up. who are in the oil company, they are the taxpayers’ land, the offshore areas, Of course I am exaggerating; it will going to go for payment in kind be- and you have to pay a certain amount not be exactly that. What we will do is cause there is not any real definition. of rent based on the value of the oil or market the product and sell it and They are going to give us less oil and gas you recover. probably pay the oil companies to do less value than we would get.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20779 So then you say to my friend, Sen- act on this without this legislation, things around the house I am going to ator MURKOWSKI, let’s at least put in but it certainly would be better to have send in. this legislation a statement that says: it. It is hard to believe we would have an Under no circumstances should we get I say to my friend, Senator MUR- authorization to really expand the pay- less than we would get if it was pay- KOWSKI—and I will not do it now in def- ment-in-kind program without one ment in cash because, again, this erence to the fact he is not here—I hearing. I am stunned. It is taken care money goes to the Land and Water would like to move the underlying H.R. of in the Interior bill. We gave them a Conservation Fund, which is our con- 2884 as it came over here and pass it 5 narrow bill. We did not mess with the servation fund. We buy lands with it. minutes a side. We can do it if we did definition of how you are supposed to We fix up parks with it. And the State not add all this royalty in-kind section pay, what you are supposed to pay. We share—because States get a share of to it. did what the Interior Department the royalty payment—that goes to the The last point I wish to make on this wanted. California classrooms. subject is, in the Interior bill that is If this is going to a cloture vote, I Are they going to send oil to the now before the Senate, we have already tell my friends, so be it. I have other California classrooms? Are they going taken care of this problem. The Min- friends on this side of the aisle who to send natural gas? erals Management Service came to us agree very strongly, and we are going So we said: Look, we have to work and said: We need a little help with the to stand on our feet and it is not going out these problems with the States. In pilot program because we really want to be pleasant, it is not going to be any case, we can’t have less of a pay- to make sure we are giving payment in happy, but we are going to have to do ment than we would have if you paid in kind every chance. The Minerals Man- it, and let us shine the light of truth on cash. So we said: Will you put that in agement Service wants to go into the the whole oil royalty question. the language? ‘‘Under no case will we oil business. That is great. They want They are going to get up and say: Oh, get less than we would get if we got to be the Price Club of the United it’s the mom and pop little guys. Fine, payment in cash.’’ States of America. So they want help. let’s do this for the mom and pop little Oh, no, they use the word ‘‘benefits,’’ OK. guys. I will talk to you about that. But not revenues. The benefits have to be We took care of them in this Interior do not give the biggest companies— equal or greater. bill. We gave them what they wanted. these are multinational corporations I said: Wait a minute. What does that We allowed them to calculate this roy- making excess profits—another break, mean? alty in a way that they can subtract and suddenly Uncle Sam goes into the Well, the Secretary will decide if the cost of transportation, even sub- oil business and the gas business. there is a benefit. tract the cost of marketing oil. The oil This whole issue of an energy policy Let me tell you I have seen Secre- companies get a good deal. Senator is important. It came up in the de- taries of the Interior come and go. I MURKOWSKI wants a 5-year authoriza- bates, and what we heard from the two saw one who said: Don’t worry about tion without one hearing. He wanted to candidates was very different. George the ozone layer leaving us. Don’t worry pass it by unanimous consent, no W. Bush had one energy policy and one about a hole in the ozone layer; just amendments, nothing. energy policy alone, and that is more wear a hat and put on sunscreen. Don’t I may sound upset, and it is true, I development at home. By the way, we worry about cancer. That was one Sec- am upset because I think the con- have had a lot more oil development retary of the Interior. sumers get a raw deal. Every time we here—and I am going to put that infor- So in this 5-year authorization that have a little problem with an energy mation in the RECORD—since Clinton- never had a hearing, before the pilot supply, what do we hear around this Gore came in. But they want to go to programs are through, we are leaving place? Drill in ANWR; let the oil com- a wildlife refuge and drill in a wildlife all this up to the Secretary of the Inte- panies pay lower royalties, and mean- refuge. rior, whoever he or she may be. while the oil companies are earning the The No. 1 goal of environmentalists We have seen Secretaries of the Inte- biggest profits they have ever earned, in this country is to protect that wild- rior who fought on behalf of the envi- causing Senator PAT LEAHY of life refuge. They want to drill in it, and ronment. We have seen Secretaries of Vermont to come down here and pro- you say: Senator BOXER, how much oil the Interior who fought on behalf of big pose a windfall profits tax on the oil is in there? The estimate is about 6 oil. I am not here to give authority to companies. But it is not good enough months of oil. Period. End of quote. the Secretary of the Interior to decide for them to earn $1 billion and $2 bil- Forever. Some say if you got every when it is in the benefit of the United lion in a quarter—in a quarter—to have drop out of it, it could go for 2 years, States to take less than what you 100-percent profits and 200-percent prof- but that is the outside; most people would get if you received a payment in its and 300-percent profits. They have think it is 6 months. cash. to pay us less in royalties. If you knew To me that is a contradiction in I understand from Senator MUR- what this amount was—it is so minus- terms. We have to figure out a better KOWSKI’s staff that he feels strongly cule compared to their profits—it way. I will give you a better way. We about this and he is not going to back would shock you. can save a million barrels of oil a day— off. He is going to file a cloture motion It is not minuscule to the child who a million barrels of oil a day—if we just and all the rest of it. That is fine. We sits in a California classroom. It is not say the SUVs should get the same will stay here past the election because minuscule to the Land and Water Con- mileage as a car. A million barrels of I am going to stand on my feet because servation Fund or the Historic Preser- oil a day, and yet when that comes up, I don’t think the taxpayers ought to be vation Fund, but yet here we are when people duck for cover around here. ripped off again. They have been ripped we should be doing energy conserva- How have the President and the Vice off for years. We finally resolved the tion, when we should be having a long- President tried to have an energy pol- situation, and we are now back to term energy plan, the first thing we do, icy? First of all, since they came in, oil square one. because the Senator from Alaska at- and gas production on onshore Federal Again, I reiterate, the underlying bill taches it to an important bill, is give a lands has increased 60 percent, and off- that came over from the House is a break to the oil companies again with shore oil production is up 65 percent beautiful bill. these royalties in kind. since they came in, while they are pro- It deals with two things which we Boy, I tell you. Maybe the Senator tecting the most vulnerable offshore need to do: We need to fill up the Stra- from Florida will be interested to know tracts, off California, off Florida, and tegic Petroleum Reserve and reauthor- this. There is not any other business in other pristine places. We have seen a ize it, and we need a home heating oil America that pays in kind. It would be huge increase there. reserve. I will say we are told by the interesting if you had to pay your IRS They worked to bring an additional administration that they actually can bill and you said: I have a few extra 3.5 million more barrels per day into

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20780 CONGRESSIONAL RECORD—SENATE October 4, 2000 the world oil market. They have taken The administration requested $851 gallon. I am definitely showing my age measures to swap 30 million barrels of million for energy conservation for the when I admit that. I remember that. oil from the Strategic Petroleum Re- Department of Energy. The request And now we are doing better, but we serve, and this will help the Northeast was cut by $35 million. can do better still. not have a repeat of last year’s home They requested money to continue I say to you that rather than go into heating oil shortage. We know it was the Partnership for a New Generation a pristine and beautiful wildlife ref- Vice President GORE who pushed for of Vehicles. That was cut in half by the uge—which we really owe to our chil- this, frankly, along with a couple of Republican Congress. dren and our grandchildren and their Republicans and Democrats in the Con- They requested $225 million for build- kids; we owe them the preservation of gress, and it seems to be working. We ing technology assistance funding. that area—rather than do that, we hope it will. That was cut. could take a few steps here that can They supported alternatives to oil They asked for $85 million to create a really make us so much more energy and gas, such as ethanol, a renewable new Clean Air Partnership Fund to efficient, that we will be proud to say resource made from feedstock such as help States and localities reduce pollu- to our children and our grandchildren corn, and increasing ethanol use would tion and become more energy efficient. that we took a few steps. We did not in- help reduce dependence on foreign oil. The Republican Congress said no. convenience anybody. It would help our farmers by boosting It goes on. Our refrigerators do a little bit bet- corn prices, and since ethanol can be The administration recommended ter on energy use, our dishwashers, and made from waste, such as rice straw, studying increases in the fuel economy our cars. I say to my own kids, who are waste straw, trimmings and trash, the of automobiles. We know that 50 per- at that age when they love those cars— greater use of ethanol can turn an en- cent of the cause of our energy depend- I have a prejudice against those big vironmental problem into an environ- ence is automobiles. What did this Re- SUVs because it is hard for me to climb mental benefit. In other words, it publican Congress do? It prohibited the into them. The bottom line is, they are would take trash and turn it into en- administration from even studying the very nice, but we can do better for our ergy. That is a plus. increases in fuel economy standards in Nation and not be dependent on OPEC. The other half of the administra- a rider to the appropriations bill. Fifty percent of our problem has to tion’s energy policy is to improve en- So now we have the Republican do with transportation. So we do not ergy efficiency. I think it is very im- standard bearer standing up in a debate have to say: Oh, my gosh, we have a portant to look at the record here. saying: Where is your energy policy? problem. Drill in a wildlife preserve. Having told you that if we go to the There were 20 initiatives. I have only Oh, my gosh, we have a problem. De- Arctic National Wildlife Refuge, we mentioned part of those. And they said stroy the coast of California; ruin the will only get 6-month’s worth of oil, no to the vast majority of them, and tourism industry; ruin the fishing in- what is the answer? Let’s see what the they said, OK, we will give you a little dustry; risk oil spills. We do not have facts show. bit for a few. to go there. The administration supported a tax It seems, to me, disingenuous—and We were sent here to find better ways credit to promote alternative sources that is the nicest way I can say it—to of solving problems. Having an energy of energy—solar, biomass, wind, and be critical of Vice President GORE, say- policy is important, but it takes two to other sources. The Republican Con- ing he has no energy policy, when tango. The Congress cannot do without gress said no. every single proposal, except maybe a the President, and the President can- The administration recommended couple, was turned down with a venge- not do without the Congress. The tax credits for electric fuel cell and ance. President proposes and Congress dis- qualified hybrid vehicles. It was a 5- Then, when we have a problem, our poses. Unfortunately, they disposed of year package of tax credits. The Re- friends on the other side come down almost every single idea this adminis- publican Congress said no. and say: You see the other side, they tration had. We are suffering the con- The administration advocated a tax care about the environment too much. sequences. So the issue is brought up credit for efficient homes and build- They will not drill in a wildlife refuge. at a Presidential debate, when people ings. The Republican Congress said no. I say, thank you for mentioning that are pointing at each other, and we The administration recommended because if there is anything I want to right here had a chance to do much tax incentives for domestic oil and gas accomplish here in the short time that better. industries. The Republican Congress any of us has in the scheme of things, The PRESIDING OFFICER. The Sen- said no. it is to protect this magnificent area. ator’s 30 minutes have expired. The administration requested $1.7 I wish we could join hands across Mrs. BOXER. I thank the Presiding billion for Federal research and devel- party lines on energy. I say to the Pre- Officer. This was a chance for me to ex- opment efforts to promote energy effi- siding Officer, we have worked together plain my vociferous opposition to the ciency in buildings, industry, and in the Committee on Public Works. We substitute offered by Senator MUR- transportation, and expanded use of re- have worked, for example, on ways to KOWSKI and to talk about an energy newable energy and distributed power replace MTBE in a good way. We have policy. I appreciate your patience, Mr. generation systems. And the Repub- worked on ways to make sure that we President, and I yield the floor. lican Congress partially funded that do not rob the States of their transit The PRESIDING OFFICER. The Sen- program. funds. I think we can do this. I do not ator from New Mexico. The administration requested $1.5 think it is fair, however, for the can- Mr. BINGAMAN. Mr. President, I ask billion for investments in energy R&D didate of the Republican Party to ac- unanimous consent that I be allowed to for oil, gas, coal, efficiency, renew- cuse the Vice President, who has pro- take 6 minutes of the leader’s time to ables, and nuclear energy. What was posed numerous ways, both on the pro- speak as in morning business on the the answer of the Republican Congress? duction side and on the demand side, to continuing resolution. No. And they introduced legislation to resolve the problem, and say, there is The PRESIDING OFFICER. Without abolish the Department of Energy. no energy policy, when time after time objection, it is so ordered. That is a great answer. after time it has been thwarted in this Mr. BINGAMAN. Mr. President, I George Bush is saying we have no en- very body and in the House. want to briefly describe my own ergy policy, and most of his party said: I remember when I first went into thoughts on this royalty-in-kind issue. Do away with the Department of En- politics—a very long time ago—we had First, let me say, the Senator from ergy. That was at a time when oil an energy crisis. At that time, we real- California, and, before her, the Senator prices were low. They said: We don’t ized our automobiles were simply gas from Alaska, talked about a great need it. That is some policy. guzzlers. I remember. They used to get many issues related to our energy situ- It goes on. 10 miles to the gallon, 12 miles to the ation. I do not have the time and I

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20781 have not come to the floor prepared to very thing. But under this authority, Mr. BINGAMAN. I ask unanimous address all of those. I generally agree the Mineral Management Service, consent for an additional 2 minutes with the Senator from California that MMS, which is part of the Department from the leader’s time. we need a balanced energy policy. We of Interior, has conducted several very The PRESIDING OFFICER. Without need to not only do things to increase promising pilot programs on this sub- objection, it is so ordered. supply, but we also need to reduce de- ject of royalty in kind. Two of the lat- Mr. BINGAMAN. It also requires that mand in this country. We have fallen est of these involve Federal onshore the Department report extensively to short in that regard. oil, conducted in cooperation with the Congress on how the program is going. I have proposed legislation, which State of Wyoming and offshore gas in None of these requirements exist in the administration strongly supports, the Gulf of Mexico. Those are two ex- current law. The royalty-in-kind provi- much of which the Senator from Cali- amples. sion in the Interior appropriations bill fornia referred to, that I believe would Early indications from both of these does not have these protections. This help us to reduce demand and also help are that these pilot programs will re- very bill we are getting ready to vote us to increase production. I am sorry sult in greater revenue for the United on in the next few days, the Interior that we have not been able, as a Con- States and for the taxpayer than would appropriations bill, does grant author- gress, and as a Senate, to bring that up have been received had the oil and gas ity to the Department to take the Fed- eral Government’s royalty in kind, but for consideration this year. I hope we been taken in value, had the Govern- it does not have the protections that still can before we adjourn, but the ment been paid dollars instead. are in the amendment the Senator days are growing short. As an example, the thought of the Senator from California, as I under- from Alaska and I are cosponsoring. Let me speak for a minute about the While 1 year is better than nothing, stood it, was that there is something particular bill and the royalty-in-kind which is the Interior appropriations issue. unfair to the Government by having language—the Department clearly sup- As I understand it, the action which the Government take its oil or its gas ports that provision in the Interior ap- started this discussion was an effort to in kind. An analogy which we might propriations bill—a 5-year authoriza- move to H.R. 2884. This is the House think about is if the Government were tion gives the agency enough time to version of EPCA. EPCA stands for En- owed one beer out of a six-pack, would actually enter into contracts it would ergy Policy and Conservation Act. it make more sense for the Govern- need to seriously test the workability That is an important piece of legisla- ment to take that beer or would it be of this program. tion. It reauthorizes the Strategic Pe- better for the Government to go I wanted to clarify my own views at troleum Reserve. It sets up a heating through a lengthy process of trying to least as to what this provision would oil reserve in the Northeast, about establish the value of that one beer do. The Energy Policy and Conserva- which many feel very strongly. It does once it considered the cost of trans- tion Act is important legislation. I a variety of things. It gives the Depart- porting the six-pack and the cost of hope we can resolve this dispute and ment of Energy authority to pay storing it and all the other things. And get the legislation up for consideration above-market prices for production in some circumstances, as I understand in this Congress. from stripper wells in order to fill the it, the Department of Interior, through I do support the royalty-in-kind pro- Strategic Petroleum Reserve when the this Minerals Management Service, has vision the Senator from Alaska and I price of oil falls below $15 a barrel. It determined that it is in their interest have cosponsored. It will be beneficial does other things on the weatheriza- to go ahead and take the royalty in to the Government—not to the oil in- tion grant program. It has some useful kind instead of trying to calculate and dustry but to the Government. It would provisions and contains a variety of argue about the price of it. be a win/win situation, and I do not see other things. Based on these programs that have it as in any way breaking faith with It also contains a provision that the been in place, MMS, the Minerals Man- the American taxpayer. Senator from Alaska has strongly sup- agement Service, has determined that It would be good public policy for us ported, and is intent upon keeping in it could conduct a more efficient pro- to go ahead with this. I hope we can do the bill, on the subject of royalty in gram, one that would be more likely to so before the Congress adjourns. kind. result in increased revenues, if it were I yield the floor. Let me explain my thoughts on that. able to pay for contracts for trans- The PRESIDING OFFICER. The Sen- ator from Florida. The Congress—for several Congresses porting and processing and selling the Mr. GRAHAM. Mr. President, I be- now—has spent a lot of time arguing oil and gas it takes from Federal lieve by previous order, I have 30 min- about, How do you determine what the leases. Existing authorities allow the utes? royalty ought to be when the Federal MMS to enter into contracts for these The PRESIDING OFFICER. The Sen- Government allows for production of services but do not provide a way for ator is correct. oil and gas on Federal lands? What them to pay except under general agen- Mr. GRAHAM. Mr. President, I am amount of money is owed to the Fed- cy appropriations. here today in support of my colleague eral Government? The amendment the Senator from from Louisiana and to express my dis- We all know it is 12.5 percent; it is Alaska has offered and I have cospon- may at the content of the Interior ap- one-eighth. But how much is that in sored grants to the Department of Inte- propriations conference report which dollars? There is a lot of litigation on rior authority to use the money it we are considering. Senator LANDRIEU that subject. There has been, for a sub- makes when it sells oil and gas it takes knows better than each of us the stantial period of time, a lot of debate in kind to pay for the expenses in- amount of work, dedication, and focus on the subject. curred in preparing it for sale, includ- it took to produce the widely and wild- The Federal agencies which manage ing its transportation, processing, ag- ly supported legislation, the Conserva- our Federal oil and gas resources indi- gregating, storing, and marketing. tion and Reinvestment Act, or CARA, cate that in certain circumstances There is a 5-year sunset on this. which has passed the House, passed the they believe the United States has the The amendment adds to existing law Senate Energy and Natural Resources opportunity to realize more money by some very substantial protections for Committee, and now awaits Senate actually taking its one-eighth in roy- the Government and for the taxpayer. floor action. alty in kind; that is, actually taking It requires the Department to stop We have a unique opportunity before that royalty in the form of oil or gas taking royalties in kind if the Sec- us in this session of the Congress: the instead of receiving it in cash. retary of Interior determines that it is ability to enact conservation legisla- The thought is that there is more of not beneficial to the United States to tion that will have a positive impact a benefit to the Government in some take royalty in that form. not just for ourselves but for our chil- circumstances. Existing law authorized The PRESIDING OFFICER. The Sen- dren and grandchildren, long after we the Department of Interior to do that ator’s time has expired. have left this Chamber.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20782 CONGRESSIONAL RECORD—SENATE October 4, 2000 This opportunity is in the historical still recognized its obligation to pre- ships between the Federal Government mainstream of the United States of pare for the future, as those two great and the State. For those respectful America. We are starting a new cen- leaders had done. partnerships to be effective, in my tury, the 21st century. It is the third That was what the Conservation and judgment, there are some pre- full new century that has been started Reinvestment Act was about—to take requisites. One of those prerequisites is since the United States of America be- a portion of the Anglo revenue, which that on both sides of the partnership came a sovereign nation. the United States receives from Outer there must be sustainability, predict- The first of those full centuries was Continental Shelf drilling, and invest ability; both partners must bring to the 19th century. We were led into the those funds in a better America for our the table the capacity to carry out 19th century by one of our greatest future generations. their mutually arrived at plans and vi- Presidents, whose bust is above the I submit that this opportunity for a sions. Presiding Officer, Thomas Jefferson. bold, grand idea in the tradition of Jef- The CARA legislation, as it was Thomas Jefferson had a goal, a goal to ferson and Roosevelt—an idea that passed by the House of Representa- acquire the city of New Orleans, which could have come close to being a leg- tives—I might say by an overwhelming ironically is the home of Senator acy—is now, in fact, sadly a travesty, a vote—and voted out of the Senate Com- LANDRIEU. The purpose was to secure mere shadow of what could have been. mittee on Energy and Natural Re- water transit on the Mississippi for I suggest that there is no more inap- sources, had such a vision because it American commerce, as it was devel- propriate time for us to turn timid and would have provided through this oping in the Mississippi Valley, the retreat from what could have been. source of funds of the Outer Conti- Ohio Valley of the Presiding Officer, When Theodore Roosevelt became nental Shelf a guaranteed source of and later in the Missouri River Valley. President of the United States in the revenue to meet the Federal side of President Jefferson suddenly had a early part of the 20th century, the that respectful partnership with the unique opportunity before him. While United States had a population of ap- States in everything from urban parks his negotiators were discussing with proximately 125 million people. By the to historic district redevelopment, to the French, the then-owners of New Or- end of the 20th century, the United the development of urban forests—a leans, the purchase of that city, they States has a population of 275 million whole array of needs which our grow- were met with a counter offer. Don’t people. ing population requires. just buy New Orleans; buy the entire The U.S. Bureau of the Census With that assured source of financ- Louisiana territory. projects that by the year 2100—100 ing, there could have been some other President Jefferson seized this oppor- years from today—the population of things accomplished. One would have tunity and fundamentally transformed the United States will be 571 million been good, intelligent planning as to the United States of America. No Americans. It is our obligation—as it how to go about using public funds to longer were we an Atlantic nation. We was Thomas Jefferson’s and Theodore the greatest benefit. Part of that plan- were a continental nation. No longer Roosevelt’s and those who supported ning would have been to have set prior- were we a nation in which Americans their vision of the future—to begin the ities in which people would have had were quickly using up their original process of preparing for that next some confidence. When you say prior- land; we were a nation that had an America that is going to arrive in the ities, by definition, you are telling enormous new area to develop. next 100 years. That next America has some people they are at the absolute America suddenly had also been to be our grandchildren. They are the front of the line, other people are a few saved from the prospect of North people who are going to make up the spaces back, and some are toward the America becoming a battleground for 571 million Americans in the year 2100. end of the line. European rivalries because, with Lou- It is possible that some of the young But if those who stand in line believe isiana in hand, the United States would people who are here with us today may their turn in fact will come if they are be the dominant force in North Amer- live through this full century and expe- patient and, if they do the planning ica and would not have to contend with rience what that new America is going that is asked of them, they will finally the prospect of the English, the to be like. How well we are preparing receive their reward through Federal French, the Spanish, and other Euro- for that new America is being tested by participation in funding, I am afraid peans attempting to settle their long what we are doing today. I am sad to that what we have just done is lost animosities on our territory. say that in the retreat from providing that opportunity because of what we That was a truly bold idea, an idea for an ongoing, significant source of have in the conference report of the that led us into the 19th century and funding to provide for the variety of Department of the Interior. Under title has forever transformed our Nation. needs of that new America, we are fail- VII, the land conservation, preserva- We began the 20th century with an- ing the next America. tion, and infrastructure improvement other similarly bold leader, Theodore Like the occupant of the chair, I title, which is offered to us as the sub- Roosevelt, whose bust is just outside have served as Governor of a State. I stitute for CARA, we have this lan- the main entrance to the Senate Cham- believe one of the most lamentable as- guage: ber. pects of this failure is the way in which This program is not mandatory and does Theodore Roosevelt had an idea that we have treated States. States are our not guarantee annual appropriations. The America should become a place which partners in this great Federal system. House and the Senate Committees on Appro- respected its natural heritage. So in Probably of all the contributions the priations have discretion in the amounts to his almost 8 years as President, he United States has made to the theory be appropriated each year, subject to certain added to the national inventory of pub- of government, none has been as sig- maximum amounts as described herein. lic lands an area that is the size of all nificant as the concept of federalism: So we have no respectful partnership, the States which touch the Atlantic That we could have within 1 sovereign and therefore we have no reasonable Ocean from Maine to Florida—an enor- nation 50 States that were sovereign expectation that the kind of goals that mous contribution to our patrimony over areas of their specific responsi- were at the heart of the CARA program which, again, has served to transform bility, and that in many areas those will in fact be realized. I suggest that both our idea of America and our ac- sovereignties would merge in respect- our partners in the States who, from cess to America. ful partnerships in order to accomplish virtually every organization that rep- We had an opportunity to start the goals that were important to the citi- resents State interests, had advocated 21st century with an idea which, if not zens of an individual State but also im- passage of the CARA legislation will of the scale of either the Louisiana portant to all Americans. find this to be a particularly dis- Purchase or Theodore Roosevelt’s com- Many of the programs that were the appointing and sad day. mitments to public lands, would have objective of the CARA legislation were In addition to the fact that we are been a statement that our generation in that category of respectful partner- squandering the opportunity that

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20783 comes with the enthusiasm of the new Utah’s canyons, the bright reds and or- clined 93 percent since the 1930s. One century, in addition to the fact that we anges of Virginia’s leaves in the fall, study of 14 national parks found that 29 are failing to meet the challenge for and, of course, the myriad colors that carnivores and large herbivores had the new America, which will occupy comprise America’s Everglades. It is disappeared since these parks were es- this great Nation in the next hundred not easy. But it is critically important. tablished and placed under our trustee- years, and in spite of the fact that we It is our responsibility. ship and protection. Only half the is- have acted in an arrogant and dis- The parks tell the story of what and lands in the Park Service’s historic respectful way to our partners, the who we are and how we came to be. collections are cataloged. States, there is yet another tragedy in They contain the spirit of America. Often it takes an act of individual what is being proposed. That tragedy is Maintaining these national treasures intervention in order to save an impor- our national parks. takes commitment to conservation and tant national treasure. I have had the On July 25, 2000, the Senate Energy environmental preservation. That com- good fortune to have my daughter Committee passed its version of the mitment takes money—reliable, sus- marry the son of a great American his- CARA bill, containing what I consider tainable, predictable money—in order torian, David McCullough. David to be one of its most important as- to be able to undertake the kinds of McCullough has sounded the national pects—the national park protection projects which are necessary to pre- alarm at the disintegration of much of fund. This fund would provide $100 mil- serve our great natural and cultural our historical and cultural treasures. lion in assured, guaranteed funding for heritage. One of those for which he sounded the the parks for 15 years, $100 million a There are many examples I might use alarm was the Longfellow house in year, for the purpose of natural, cul- to demonstrate this necessity for a sus- Cambridge, MA. Not only was it the tural, and historic resource preserva- tained, reliable source of money to pro- home of a great American family, it tion and restoration. This was a crit- tect our heritage. Let me just use one happened to be the home where George ical section of the bill. It was mirrored that I have had the occasion to visit Washington lived when he was estab- after a bill which I introduced in April twice in the last few months; that is, lishing the first components of the of 1999. During our markup in the En- Ellis Island. American Colonial Army that would ergy Committee, I supported this sec- Ellis Island, as we all know, is the eventually be victorious in the Amer- tion. I did believe that it should have place through which some 15 million ican Revolution—an extremely impor- included even more money to ade- persons seeking the freedom and lib- tant site in American history, a site quately address the needs of our na- erty and opportunity of the United which, lamentably, was collapsing. tional parks. States first entered our country. It is a David McCullough, a sophisticated I might say in that view that I was site which is seeping with the history person with considerable ability to en- joined by a number of members of the of America. It is a site which is com- ergize action on behalf of a worthy Energy Committee who advocated a posed of about 40-some buildings, in- project, went to one of our colleagues, more significant commitment to the cluding the first public health hospital Senator KENNEDY, and brought to Sen- protection of our national parks. I am in the history of the United States; it ator KENNEDY’s attention what was blessed to say that since this bill was is on Ellis Island. happening at the Longfellow house in reported by committee, we have had You may have seen some television his State of Massachusetts. Senator even another ally join in this effort. We programs which were broadcast from KENNEDY came to the Congress not too have had the Republican candidate for Ellis Island that show a series of build- many years ago and got specific fund- President of the United States, Gov. ings which have been renovated to ing for the Longfellow house. Now it is George W. Bush. Governor Bush, on their 19th century style with brilliance on the road back to recovery. September 13 of this year, stated that and beauty. Unfortunately, what you But do we have to depend upon the he would commit to spend $5 billion on do not see are the other 35 buildings in convergence of a historian and an in- maintenance of the national parks over back of those that have been rehabili- fluential Senator to save our national the next 5 years ‘‘to renew these na- tated. When you walk through those heritage? Are we going to say it is im- tional treasures and reverse the ne- buildings, what you see is some of the portant enough that we do this on a glect.’’ history of America crumbling literally predictable, sustained, professional We are rejecting the advice and rec- before your eyes and feet. basis? We have that opportunity with ommendation of the Governor of Texas, The reason for this crumbling is that the CARA Act. We are about to lose the Republican nominee for President there has not been an adequate, reli- that opportunity with this conference of the United States, with this legisla- able source of funds to maintain this report. tion because what it provides for na- and many others of our national herit- Only 62 percent of conditions needed tional parks maintenance is only $50 age. The superintendent of the park to preserve and protect the museum million for 1 year. Fifty million dollars told me that if she had a reliable collections within our National Park for 1 year is all we are going to be vot- source of funds, she could organize a System meet professional standards for ing for if we accept this conference re- rational plan for the rehabilitation of their protection. Considering only the port—not the $5 billion over 5 years these historic buildings and, at consid- park’s portion of the CARA com- that Governor Bush has wisely rec- erable savings to the taxpayers, com- promise—words which I find objection- ommended we invest in the restoration mence the process of saving these able—but of only the park’s portion of and revitalization of the great national buildings. this alleged CARA compromise, we treasure of our national parks. What we have before us is not a bill have nearly 290 million reasons to op- The conference report today takes a that gives us the opportunity of salva- pose it. Those 290 million reasons are tremendous step in the opposite direc- tion. Rather, it is a program that vir- the 290 million persons who last year tion in terms of a commitment for the tually assures the disintegration of visited our Nation’s parks. That num- rejuvenation of our national parks. It Ellis Island and other invaluable parts ber grows each year as our children and is wholly inadequate. I rise today to of our Nation’s history and culture. our grandchildren take our place plead for our national parks. Today, protection of our natural re- among the mountains, the forests, and As Senator LOTT said at a press con- sources and our historic and cultural the historic sites which comprise ference in support of the CARA legisla- resources has fallen further and further America’s National Park System. The tion earlier this year, even Kermit the behind. parks are more than just popular des- Frog supports this bill. To borrow a Suffering takes many forms. Wildlife tinations. They are havens for more phrase from America’s favorite frog, is suffering. In the park I know the than 120 threatened and endangered ‘‘It’s not easy being green.’’ It is also best, America’s Everglades and the species. no simple matter maintaining the great Everglades National Park, the The National Park Service also over- beautiful pinks and rich browns of number of nesting wading birds has de- sees a trove of historic artifacts that

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20784 CONGRESSIONAL RECORD—SENATE October 4, 2000 represent the story of human experi- dent, and then we will be worthy of the reduced benefits, and more bureauc- ence in North America, some 75 million offices we hold and worthy of our re- racy; in other words, create a bigger items of our history. sponsibility to the American past and and bigger government bureaucracy to We owe to future generations, we owe to the American future. handle this. to our children and our grandchildren, The PRESIDING OFFICER. The Sen- I believe it is a backdoor tax increase and their grandchildren, the chance to ator from Minnesota. on our seniors, which is both irrespon- learn this story. We owe them the same Mr. GRAMS. What business is before sible, and it would be totally unaccept- opportunity to appreciate the majestic the Senate? able, especially to those who really beauty of this land as we ourselves The PRESIDING OFFICER. The need the help in the coverage to afford have been lucky enough to experience. pending resolution, H.J. Res. 110, is prescriptions. In the words of President Lyndon under a time limit. The Democratic proposal, which Vice Johnson: Mr. GRAMS. I ask unanimous con- President AL GORE and others advo- If future generations are to remember us sent I be allowed to speak in morning cate, is frought with a lot of problems. with gratitude rather than contempt, we business for up to 10 minutes. First, his plan would take 8 years to be must leave them more than the miracles of The PRESIDING OFFICER. Without fully implemented—8 years. The Roth technology. We must leave them a glimpse of objection, it is so ordered. bill would go into effect today. The the world as it was in the beginning, not just f Vice President’s plan would take 8 after we got through with it. years to phase in. We are seeing that opportunity to PRESCRIPTION DRUGS You don’t hear that when they talk leave to those future generations a Mr. GRAMS. Mr. President, I come to about it, do you? But we all know that glimpse of the world as it was in the the floor this evening to talk about an our seniors cannot afford to wait 8 beginning, we are seeing that oppor- issue which has commanded a lot of at- years, especially the neediest of our tunity unnecessarily and tragically tention lately in this body, an issue seniors’ population, to start realizing a slipping away. which has been a major concern of prescription drug benefit under our A steady diet of green will keep our mine for a long time. That is, prescrip- Medicare program. natural treasures healthy well into the tion drug coverage under our Medicare This is a part of the plan that often next century. We have the opportunity program. goes unmentioned and one that needs to do this. When the legislation estab- Prescription drugs, as we all know, to be highlighted. Either have a plan lishing our Outer Continental Shelf are becoming an increasingly impor- now that is immediate and provides drilling program and the royalties that tant, in fact, an essential component of help to our seniors today, or pass a would be derived was established, the our health care delivery system in the plan that costs more, reduces benefits, theory was we would take the re- United States. Because of their in- and asks our seniors to wait 8 years to sources that we gathered as we de- creasing role in the improvement of have it fully implemented under Medi- pleted one natural resource, the petro- health outcomes, I believe a newly de- care. leum and natural gas under our Outer signed Medicare would unquestionably The second problem with the pro- Continental Shelf, and we would use it include a prescription drug benefit. Un- posal is that when it is fully phased in, precisely as a means of investment in fortunately, Medicare is still operating it will put a new tax on our seniors be- the future of our country by investing under a 1965 model. Our seniors con- cause it asks for premiums of $600 a it in the protection of our most valu- tinue to lack this very essential cov- year in new additional premiums over able natural historic and cultural re- erage. and above what they are paying. Above sources. Over a year ago I introduced the and beyond the fact that many seniors That is the opportunity that the leg- Medical Ensuring Prescription Drugs would find that $600 to be cost prohibi- islation which was introduced, passed for Seniors Act, or MEDS, and this role tive, statistics suggest that the aver- overwhelmingly in the House, passed would provide a prescription drug ben- age senior uses only about $675 in pre- by the Senate Committee on Energy efit for all Medicare-eligible bene- scription drugs in a year. I am not a and Natural Resources—and I am proud ficiaries, and on a volunteer basis. My mathematician by profession, but I can to say with the support of our Pre- plan would ensure that our neediest tell you when the proposal only covers siding Officer—gave us. It is an oppor- seniors would get the assistance they 50 percent of the costs of the prescrip- tunity we are about to fritter away. need, when they need it, for as long as tion drugs to begin with—so, in other The CARA compromise does not they need it. And MEDS, as most other words, after paying your $600-a-year achieve any of these significant goals. plans that have been introduced in the premium, you have to pay a 50-percent This Senate will diminish itself in Senate, is a comprehensive, Medicare- copay on all the drugs you consume, terms of its appreciation of our Amer- based approach and will take a few and I believe there is also a cap with ican experience. We will diminish our- years to fully implement. it—it means that for the additional selves in terms of our political will. We Though I fully support MEDS and $600 premium, again a new tax on our will diminish ourselves as viewed by will fight for its passage, I believe our seniors, the average senior would re- the history of our own grandchildren if seniors need some relief now. To that ceive at best $37.50 in benefits. we are to accept this compromise as end, I am supporting Senator ROTH’s Considering the enormous financial being an adequate statement, the be- bill, which would send Federal funds burden this is going to place on an al- ginning of the 21st century of what we back to the States today in order to es- ready ailing Medicare system, I am not think our responsibilities to the future tablish or improve our prescription sure the American people are going to are. drug coverage immediately for our sen- want to assume what will inevitably be I urge we defeat this conference re- iors and those seniors who need that a new tax liability and at the same port, that we defeat this feeble com- help and coverage now. time risk the collapse of Medicare in promise, and that we start again by I want to be clear, the only way that order to prop up a plan that delivers bringing to the Senate floor the legis- Congress will be able to address the only pennies a year in prescription lation which has passed out of the prescription drug needs of our seniors drug benefits. Committee on Energy and Natural Re- this year is to pass the Roth proposal. Because it is a bit politically dis- sources and give us an opportunity to We need to do it. Unfortunately, our tasteful, supporters of this plan and debate it. Those who have some objec- friends on the other side of the aisle similar measures fail to mention the tions should offer amendments. That is disagree with that view. They would cost of these proposals. They make it the democratic way. I am confident it rather work to push a massive Medi- sound as if this is going to provide will pass and that it will be accepted care-based plan which only seems to in- Medicare prescription drug coverage to by the House of Representatives, and crease the burden on the majority of all seniors at no cost. That is the way signed with enthusiasm by the Presi- seniors through increased premiums, they always like to present a lot of

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20785 these plans, that somehow it is free. I it. Seniors, as they age into Medicare, gram is a copay and also has don’t know of many seniors out there need to make a determination whether deductibles built in depending on wages who believe they are going to get some- they want to get in and save a few dol- or income. It is worked through Medi- thing for nothing. When was the last lars a year at best, into a system that care and through the HCFA program. time they had a free lunch? They know is going to cost them at least $600 a So, no, I do not oppose a shared re- that. Our seniors are smarter than year in more taxes. If they take it and sponsibility or liability but one that is that, but yet they are being told these change their mind, it is simply too a benefit to seniors, and not one that are things we can provide free. late; they are stuck. They are either in drains their pocketbooks for little or The bill supported by the Vice Presi- or they are out. no benefit. dent and a number of my colleagues I am happy and proud to have been Mr. GRAHAM. No. 1, you understand, will cost nearly $250 billion over the one of the first to introduce a prescrip- of course, that Part B of Medicare re- next 10 years. Aside from having to tion drug plan in the Senate, and I am quires, first, a voluntary election to raid either the Social Security or hopeful that by having done so, my participate and then, second, a month- Medicare trust funds to pay for it—and commitment to this issue and our Na- ly premium which today is approxi- that is how they pay for it. They are tion’s seniors is underscored. But, most mately $45? going to take money from an ailing importantly, I want to ensure that any Mr. GRAMS. Correct. Mr. GRAHAM. You also understand trust fund and try to shift it into ex- effort we undertake in Congress will the Vice President’s plan would require panding new benefits and saying no- actually help to provide assistance to a second voluntary election to partici- body has to pay for it but they are ba- those who truly need it and provide it pate in prescription drugs, and the sically robbing from Peter to pay Paul sooner rather than later; not with a monthly fee would be $25, or $300 a and weakening an already weak sys- plan where we are going to try to solve year, not $600 a year? Is that correct? tem. the problems for 6 or 10 percent of the Mr. GRAMS. But his plan is not vol- An equally troubling fact is that it population, but the way they try to untary. You can voluntarily get in, but does nothing to modernize the Medi- solve it is to mandate 100 percent of when you do not get in, you can’t re- care program at all. It is basically just Americans get involved in their big apply. That is my understanding. putting a Band-Aid over an old system new bureaucracy for prescription Mr. GRAHAM. No. 2, do you under- that has problems; again, trying to drugs. Importantly, too, my plan does stand Part B of Medicare—I am talking bring in a 1965 model and adapt it to not use the Social Security surplus about Medicare as it existed for 35 the year 2000. When the Medicare Com- which I have also secured in a lockbox. years—requires the exact same elec- mission actually made these proposals, I reiterate, I believe our seniors de- tion process as the Vice President’s President Clinton pulled the plug. He serve a prescription drug plan that is plan would require for prescription did not even consider what this panel truly voluntary, one that will not jeop- drugs? He is doing nothing beyond was recommending. But thanks to Sen- ardize the future of Medicare, and one what we have done for 35 years in Part ators FRIST and BREAUX, they are in- which will not place on the backs of B of Medicare; that is, the physicians troducing this plan which makes sense, taxpayers any additional burdens or li- and outpatient services. Do you agree and that is to overhaul, to reform abilities. Instead, I am hopeful the with that? Medicare, and to make sure prescrip- Senate can pass legislation imme- Mr. GRAMS. My understanding is tion drugs are an important part of diately returning the money to the that in order to be a part of the Vice that. But the Roth bill would be that States to provide relief while strength- President’s plan of receiving prescrip- stopgap in order to provide coverage ening Medicare and implementing the tion drug coverage, one must pay a $50 today for our seniors until we can have long-term comprehensive benefit that premium per month, or new tax, in a real Medicare reform package. does not result in a new tax on our sen- order to be involved in the system. You In the absence of these important re- iors. We have an historic opportunity have one choice, one chance to get in forms, this plan offered by the Vice to help our Nation’s seniors. I believe or you are left out. So you are putting President is nothing more than a pre- we should act now, this year. pressure on seniors at whatever age. scription for disaster. The funding Mr. President, I yield the floor. Then, when you average in what an av- comes out of the Social Security sur- Mr. GRAHAM. Mr. President, will erage senior consumes today in pre- plus, which, by the way, the Vice Presi- the Senator yield for a question? scription drugs, it is very little if any dent claims to wall off for only Social Mr. GRAMS. Yes. benefit at all. Security and only Medicare, but while Mr. GRAHAM. I say to my colleague, Mr. GRAHAM. No. 1, it is $25 a month they are doing that they are trying to I am concerned that several of your or $300 a year. No. 2, it is a voluntary expand these services and say it is criticisms sound to me as if they are election, exactly the same way that going to cost nothing. It is a free really criticisms against Medicare, as you had a voluntary election for Part B lunch, a free ride. Nobody believes that opposed to the idea of prescription for 35 years. can happen. Especially our seniors drugs being offered through Medicare. No. 3, you understand that the plan know that there is no free lunch. Add- For instance, did you just say that you of the Vice President is a universal ing new demands on Medicare through felt it was inappropriate that there be plan like all the rest of Medicare; over the Social Security surplus without re- a premium charged for the prescription 39 million Americans who are eligible forming the program, again, will only medication benefit? for Medicare are eligible to make the put Medicare further at risk than what Mr. GRAMS. To answer the Senator voluntary election to participate in the it is today. from Florida, I am not opposed to a prescription drug benefit? Finally, their proposal provides no surcharge or a prescription charge but Mr. GRAMS. So you are saying the flexibility in terms of being able to opt a charge that is going to assume a new President’s plan, when fully phased in, in or opt out of their program. Again, $600-per-year additional tax or cost on will be only $25 per month or are you our proposal is voluntary. If it benefits our seniors while providing very little talking about the initial plan with the you, you can get into it. If it doesn’t in benefit that would overcome that coverage available with the caps and benefit you, don’t; keep your own cov- cost. coverage? erage as you have it today. But you Mr. GRAHAM. So you are opposed to Mr. GRAHAM. I am talking about have a choice. the principle of a shared cost program the plan that will be in effect in the Again, these big government pro- between beneficiaries and the Federal year 2002 when we adopt this plan. It grams, the first thing they want to Government in delivering Medicare; is will be a voluntary plan. It will be a eliminate is choice for the consumer, that correct? plan which will be affordable. It will and in this case for our seniors. You Mr. GRAMS. That is not true. The not only give you the benefit of access only have one shot under the Vice Senator from Florida is inaccurate be- to 50-percent coverage of your imme- President’s plan to get in and that is cause in my own plan, my MEDS pro- diate prescription medication cost, but

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20786 CONGRESSIONAL RECORD—SENATE October 4, 2000 it will also give you, after you pay I would have loved to have had a chart is going to be the purchaser and the $4,000, a stop loss, a catastrophic inter- and asked Governor Bush to fill in the dispenser of these prescriptions. I re- cept which says, beyond that point, the blanks. Since we do not have Governor ject that type of a plan. Federal Government will pay all of Bush here but you are advocating the Mr. GRAHAM. Mr. President, I will your prescription drug bills. first phase of his plan, let me ask you conclude these questions by going back That is, in my opinion, the most im- about a few of the blanks on his chart. to my first assertion. We are not talk- portant part of this plan because the What would be your coverage for per- ing about prescription drugs through fear of many seniors, and the thing sons over 175 percent of poverty? What Medicare; we are talking about an as- they see as the potential threat to not percentage of their prescription drug sault against the basic principles of only their health but their economic costs would you cover? Medicare itself. That is a universal security, is that they are going to fall Mr. GRAMS. I am not here to try to program, not a program limited by into a serious illness where suddenly defend or put words in—— class to only the poor and near poor of their prescription drug costs are not Mr. GRAHAM. I am trying to get the America: That is a voluntary program. $20 or $30 a month but are $800 or $1,000 facts. That is a shared cost program between a month. Mr. GRAMS. I am trying to defend the beneficiary and the Federal Gov- The Vice President’s plan assures the plan I have offered, and that is my ernment. That is a comprehensive pro- that after you have paid $4,000, then MEDS program. gram that covers all of the necessary you will have a stop loss against any Mr. GRAHAM. Let me ask about health care for older Americans. And, further payments. Don’t you think your plan. For persons over 175 percent as I believe the Senator stated in his that is a pretty significant security for of poverty, what percentage of the pre- introductory comments, nobody would America’s seniors? scription drug expenses would you have develop Medicare today, in 2000, with- Mr. GRAMS. I disagree with the Vice the plan cover as opposed to that for out having a prescription drug benefit. President—if I may reclaim my time— which the individual would be respon- When you attack all those principles and I will tell you why. Because, as you sible? that are the foundation of Medicare, said, when it goes into effect in 2002, it Mr. GRAMS. It would cover 100 per- what you are really doing is attacking is not fully implemented for 6 to 8 cent of everything over a $25 copay and one of the programs which has made years. You might start off with a low a $150-a-month deductible for those the greatest contribution to lifting 39 payment, but it escalates to $50-a- who are in that income level or above. million Americans into levels of re- month premiums fully implemented, Mr. GRAHAM. So it would be a $150 spect and security and well-being of and it does provide you have to pay 50 monthly deductible and a $25 copay? any program that the Federal Govern- percent, up to $4,000. Mr. GRAMS. Yes—— ment has ever developed. The Amer- To compare that with my MEDS Mr. GRAHAM. Is that copay per pre- ican people need to hear that this de- plan, we have a $25 copay per month, scription filled? bate is not just about prescription $300 per year. We do not have a cap for Mr. GRAMS. For the month, yes. drugs; it is about a frontal assault people below 135 percent of poverty. So Mr. GRAHAM. I thought $150 a against Medicare. If this philosophy they will get any amount of drugs for month was the deductible. There is a prevails, that is where the battle- $300 a year compared to the President’s copay beyond that? ground will be. $4,000. For some who are on the edge of Mr. GRAMS. Yes. I thank the Chair. poverty, they do not have the $4,000, I Mr. GRAHAM. How is that cal- Mr. GRAMS. Reclaiming my time, say to the Senator, to pay for this. culated? not to leave the impression that by any Mr. GRAHAM. As you understand, all Mr. GRAMS. Twenty-five dollars of means this is an assault on Medicare, of the plans provide for no payment for the prescription. because the plan I have proposed and persons who are above the Medicaid Mr. GRAHAM. The plan would pay 25 outlined is handled and complemented eligibility limit but generally below 175 percent—— through Medicare. I know they like to percent of poverty, which means ap- Mr. GRAMS. That is the deductible. always say the Republicans are making proximately $14,000 or $15,000. They The individual would pay 25 percent of an assault against Medicare and some- would pay no premium. They would the cost of the prescription, and then if how we want to end the program of pay no copayments. They would have they were at an income level you are providing this help and assistance to no deductibles. For those people, the talking about, it would be a $150 de- millions of seniors across the country. Vice President’s plan would be fully ductible with no caps or limits for the That is simply not true. available without any charges. year; not the $4,000 you are talking This plan does nothing to make an What we are talking about in both about. assault on Medicare or the benefits it plans is the people who are above 175 Mr. GRAHAM. What do you estimate provides today, but it also does not percent of poverty. What percentage to be the cost of that plan that has a turn a prescription drug program into subsidization would you provide for $150 deductible and $25 copay? a national prescription drug program persons over 175 percent of poverty? Mr. GRAMS. We have tried, but we run and handled by the Government, Mr. GRAMS. Not to belabor this de- have not had it scored yet and have not and that is basically my belief of what bate, and it is good we are talking been able to get the numbers, but some is outlined here. about it because the American people of the projections we have say it will We will work to preserve and need to hear it, but over that amount be under $40 billion a year, not the 258 strengthen Medicare, and that includes of money you are talking about, we or 253 the Vice President is talking adding an affordable prescription drug would still have a $25 copay, the $150 about. plan that will take care of the neediest deductible, and then no cap at all on Mr. GRAHAM. How can you offer a of the seniors in our society today. coverage. If you were at that income more generous plan by having the ben- Thank you very much, Mr. President. level, you would probably pay, at most, eficiary pay only 25 percent as opposed I yield the floor. $175 per month for the whole year or to the Vice President’s 50 percent and The PRESIDING OFFICER. The Sen- $175 per month per year. yet have such a lower cost? ator from Iowa. Mr. GRAHAM. So you pay $175 a Mr. GRAMS. Because what we are Mr. HARKIN. I want to get engaged month, is your premium. trying to do is target those who need in that discussion. I guess we will have Mr. GRAMS. If you are going to have the help, and that is about 6 or maybe time for that later. But the fact is, I the $25 copay and $125 a month deduct- 10 percent of the population. What the think the Senator from Florida is cor- ible. Vice President is doing and what you rect. What we are seeing here, really, is Mr. GRAHAM. If I had been there are talking about is bringing 100 per- a continuation of Newt Gingrich’s phi- last night—and I know the rules of the cent of Americans under a new na- losophy that Medicare should wither first debate precluded having a chart— tional program where the Government on the vine. We all remember that.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20787 That was this ‘‘Contract on America.’’ corded, I think, the courtesy the Sen- her nomination came in too late, is That was Newt Gingrich’s philosophy. I ate ought to afford someone who is just pure malarkey. This is just an- think we see it further taking place well qualified. other smokescreen. here today. All the paperwork is done. All the Circuit judges. They say: Well, it’s a The Senator from Minnesota, I think, background checks are done. She is circuit court. There’s an election com- is basically going down that same path supported by Senator GRASSLEY, a Re- ing up. We might win it, so we want to that Governor Bush is. Basically, what publican, and by me, a Democrat from save that position so we can get one of they have envisioned is a prescription her home State. That may rarely hap- our Republican friends in there. drug program where, basically, if you pen around here. So Bonnie Campbell is Well, again, in 1992, circuit nominees, are poor, you are on welfare, and you not being treated fairly. we had nine: six were acted on in July get it. If you are rich, you don’t need Senator HATCH, the other day, said, and August, two in September, and one it, and you pay for your own or you can well, the President made some recess in October. Yet in the year 2000, we had belong to your own insurance plan and appointments in August, and that one acted on this summer, and we are pay for it, or maybe you have an em- didn’t set too well with some Senators. in the closing days of October. No ac- ployer-sponsored program. But if you But what has that got to do with tion. are the middle class, and you are in Bonnie Campbell? Maybe they don’t So, again, it is not fair. It is not that middle group, you are paying the like the way President Clinton combs right. It is not becoming of the dignity bill for both of them. You are paying his hair, but that has nothing to do and the constitutional role of the Sen- for the tax breaks for the wealthy, and with Bonnie Campbell being a judge on ate to advise and consent on these you are paying for the welfare benefits the circuit court. judges. for the poor so they can get their pre- Is Senator HATCH really making the Thirty-three women out of 148 circuit scription drugs. But you, in the middle argument that because President Clin- judges; 22 percent—I guess my friends class, don’t get anything. If you do, in ton made some recess appointments on the other side think that is fine. I fact, get in this program, you will be that he didn’t like, so that gives him do not think it is fine. paying and paying and paying and pay- an adequate excuse and reason to hold Again, everything has been done. All ing. up Bonnie Campbell? I find that an in- of the paperwork has been in, and here The Republicans have never liked teresting argument and an interesting she sits. Medicare. They did not like it when it position to take. f came in, and they have never liked it I have heard that there was a news UNANIMOUS CONSENT REQUEST— since. So they just keep coming up report that came out today that some NOMINATION OF BONNIE CAMP- with these kinds of programs that of the Senators on the other side had BELL sound nice, but basically it is designed some problems with her views. Now, to unravel Medicare and let it wither this is sort of general. I don’t know Mr. HARKIN. Mr. President, I will on the vine. what those problems are. But that is now—and I will every day—ask unani- Mr. President, I want to take to the why we vote. If some Senator on the mous consent to discharge the Judici- floor today again to speak about the other side does not believe Bonnie ary Committee on further consider- lack of due process in the Senate re- Campbell is qualified or should not be a ation of the nomination of Bonnie garding judgeships, and especially the Federal judge in a circuit court, bring Campbell, the nominee for the Eighth nomination of Bonnie Campbell for a her name out, let’s debate it. These are Circuit Court, and that her nomination position on the Eighth Circuit Court of debatable positions. Let’s talk about be considered by the Senate imme- Appeals. it. And then let’s have the vote. diately following the conclusion of ac- Her nomination has now been pend- If someone feels they can’t vote for tion on the pending matter, and that ing for 216 days. Yesterday, the Senate her, that is their right and their obli- the debate on the nomination be lim- voted through four judges. Three of gation. But we did not even have that. ited to 2 hours, equally divided, and them were nominated and acted on in We do not even have her name on the that a vote on her nomination occur July; one was nominated in May. floor so we can debate it because the immediately following the use or yield- Bonnie Campbell was nominated in Judiciary Committee has bottled it up. ing back of that time. March. Yet those got through, but they Then I was told her name came in too The PRESIDING OFFICER. Is there are holding up Bonnie Campbell. Why? late. It came in just this year. I heard objection? Maybe it is because she has been the that again. That is also in the news re- Mr. FRIST. Mr. President, I object on Director of the Violence Against ports today, that somehow this va- behalf of the leader. Women Office in the Justice Depart- cancy occurred a year ago, but her The PRESIDING OFFICER. Objec- ment for the last 5 years; that office name did not come down until March. tion is heard. which has implemented the Violence So I did a little research. Mr. HARKIN. I wish I knew why peo- Against Women Act, which, by all ac- In 1992, when President Bush—that is ple are objecting. Why are they object- counts, has done an outstanding job. the father of Governor Bush—was ing to Bonnie Campbell? Why are they Maybe my colleagues on the other President in 1992, and the Senate was objecting to a debate on the Senate side of the aisle do not want any in Democratic hands, we had 13, 14 floor? Why are they objecting to bring- woman that is qualified to be an ap- judges nominated; 9 had hearings; 9 ing her name out so that we can have peals court judge. Maybe that is why were referred; and 9 were confirmed— a discussion and a vote on it? they are holding it up. Maybe it is be- all in 1992. Every judge who had a hear- I want to make clear for the Record, cause she has done such a good job of ing got referred, got acted on, and got it is not anyone other than the Repub- implementing the Violence Against confirmed. lican majority holding up this nomi- Women Act. Now, that was OK in 1992, I guess, nee. Every day we are here—I know Maybe they are holding her up be- when there was a Republican President there will be an objection—I am going cause they think there are enough and a Democratic Senate. But I guess to ask unanimous consent because I women on the circuit court. Of 148 cir- it is not OK when we have a Demo- want the Record to show clearly what cuit judges, only 33 are women; 22 per- cratic President and a Republican Sen- is happening here and who is holding cent. But maybe my colleagues on the ate. up this nominee who is fully qualified Republican side think that is enough Here we are. This chart shows this to be on the circuit court for the women to have on the circuit court. year, we have had seven nominees, in- Eighth Circuit. I have said time and time again—and cluding Bonnie Campbell. We have had Now I want to turn my comments to I will say it every day that we are in two hearings; we have had one referred; something the Senator from Minnesota session—that Bonnie Campbell is not one confirmed—one out of seven. So was talking about; that is, the pre- being treated fairly, not being ac- this kind of story I am hearing, that scription drug program from the debate

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20788 CONGRESSIONAL RECORD—SENATE October 4, 2000 last night. Quite frankly, I was pretty take it. So seniors who need drug cov- vestments to improve the health, the surprised to hear Governor Bush talk- erage would have to go to their HMO. well-being of children of future genera- ing about his prescription drug pro- They would not get a guaranteed pack- tions. gram. He calls it an ‘‘immediate help- age. The premium would be chosen by It is fascinating to me because it was ing hand,’’ and there is a TV ad being the HMO, the copayment chosen by the about a year or a year and a half ago waged across the country to deceive HMO, the deductible chosen by the that Senator JEFFORDS and I, after and frighten seniors. He talks about HMO. And the drugs you get? Again, working on this particular piece of leg- ‘‘Mediscare’’; that was Bush’s comment chosen by the HMO. islation for a couple of years, reached last night. He accused the Vice Presi- The PRESIDING OFFICER. The Sen- out directly across the Capitol to dent of engaging in ‘‘Mediscare,’’ scar- ator’s time has expired. Chairman BLILEY and Representative ing the elderly. Mr. HARKIN. Mr. President, I ask BILIRAKIS to work together to address a If the Bush proposal for prescription unanimous consent for at least a cou- whole variety of children’s health drugs were to ever go into effect, sen- ple more minutes to finish up. I didn’t issues, including day-care safety, ma- iors ought to be scared because what it realize I was under a time schedule. ternal, child, and fetal health, pedi- would mean would be the unraveling of The PRESIDING OFFICER. Without atric public health promotion, pedi- Medicare, letting Medicare wither on objection, it is so ordered. atric research, efforts to fight drug the vine. Mr. HARKIN. Bush’s plan would abuse, and efforts to provide mental Let’s take a look at the Bush pro- leave rural Americans out in the cold. health services for our young people posal. We know it is a two-stage pro- Thirty percent of seniors live in areas today. posal. First, it would be turned over to with no HMOs. And contrary to what The good news, with all of the other the States. It would require all 50 the Senator from Minnesota said, if I debates that are going on and the par- States to pass enabling or modifying heard him correctly, under the Bush tisanship going back and forth, is that legislation. Only 16 States have any program, the Government would pay 25 we in the Senate, as the Congress, we kind of drug benefit for seniors. Each percent of the premiums and Medicare as a government have been successful State would have a different approach. recipients would have to pay 75 per- in accomplishing this bipartisan, bi- The point is, many State legislatures cent. cameral effort. don’t meet but every 2 years. Even if The Bush program basically is kind The bill that Congress now sends to we were to enact the program, there of scary. Seniors ought to be afraid of the President includes two divisions or are some State legislatures that it, because if it comes into being, you two parts. The first part, part A, ad- wouldn’t get to it for a couple years. will need more than your Medicare dresses issues regarding children’s Our most recent experience with card. You will need your income tax re- health. The second part, part B, ad- something such as this is the CHIP pro- turns to go down and show them how dresses youth drug abuse. gram, the State Children’s Health In- much income you have, how many as- I would like to take a few moments surance Program, which Congress sets you have. If you qualify, you are to outline not the entire bill, but a passed in 1997. It took Governor Bush’s in; if you don’t, you are out. That number of the provisions in this bill, home State of Texas over 2 years to would be the end of Medicare. because I think it reflects the care and implement the CHIP program. It is not I yield the floor. the thoughtfulness with which this bill immediate. The PRESIDING OFFICER. The Sen- was put together. He calls it ‘‘immediate helping ator from Tennessee. The first is day care safety. Perhaps hand.’’ It won’t be immediate because Mr. FRIST. Mr. President, I ask the most critical section of the first States will have a hard time imple- unanimous consent that I be given part of this bill relates to day care menting it. In fact, the National Gov- time as needed, yielded off the con- health and safety. We based it on the ernors’ Association says they don’t tinuing resolution. bill which was called, the Children’s want to do it. This is the National Gov- The PRESIDING OFFICER. Without Day Care Health and Safety Improve- ernors’ Association: objection, it is so ordered. ment Act, a bill that I introduced, If Congress decides to expand prescription f again, in a bipartisan way, with Sen- drug coverage to seniors, it should not shift ator DODD on March 9 of this year. that responsibility or its costs to the states. CHILDREN’S HEALTH ACT OF 2000 Currently, there are more than 13 That is exactly what Bush’s 4-year Mr. FRIST. Mr. President, I have million children under the age of 6 program does. Beyond that, his plan come to the floor to discuss and share who, every day, are enrolled in day only covers low-income seniors. Many with my colleagues very good news, care. About a quarter of a million chil- of the seniors I have met and talked some news that is bipartisan, that re- dren in Tennessee go to day care. The with wouldn’t qualify for Bush’s plan. flects what is the very best of what the day care safety bill recognizes that it A recent analysis shows that the Senate is all about. is our responsibility as a society, as a Bush plan would only cover 625,000 sen- It has to do with a bill called the Government, to make sure that these iors, less than 5 percent of those who Children’s Health Act of 2000, a bill day care facilities are as safe as pos- need help. His plan is not Medicare; it that is bipartisan, that reflects the sible, such as the health of children in is welfare. What the seniors of this input of probably 20 to 30 individual child care is protected, so that when a country want is Medicare, not welfare. Senators on issues that mean a great parent, or both parents, drop that child Seniors would likely have to apply to a deal to them based on their experience, off at day care, they can rest assured State welfare office. They would have their legislative history, what they that the child will be in a safe environ- to show what their income is. If they have done in the past, their personal ment throughout the day. make over $14,600 a year, they are out. experiences, and responding to their The danger in child care settings re- They get nothing, zero. constituents. This bill passed the Sen- cently has become evident in my own After this 4-year State block grant, ate last week and passed the House of State of Tennessee, again drawing upon then what is his plan? Well, it gets Representatives last week and will be how we learn and listen in our own worse. Then his long-term plan is tied sent to the President of the United States and bring those issues together to privatizing Medicare; again, some- States sometime either later tonight and discussing them on the floor of the thing that would start the unraveling or tomorrow. Senate and then fashion them into a of Medicare. It would force seniors to The Children’s Health Act of 2000, is bill. Tragically, within the span of just join HMOs. a comprehensive bill, a bill that forms two years, in one city in Tennessee, So under Governor Bush’s program, the backbone of efforts to improve the four children died in child care set- after the 4-year State program, then health and safety of young people tings. In addition, one in five child care we would go into a new program. It today, of America’s children today. But programs in another city in Tennessee would be up to insurance companies to equally important, it gathers the in- were found to have potentially put the

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20789 health and safety of children at risk A second portion of the first part of obesity and supports State and commu- during the year 1999. this bill includes provisions called the nity-based programs promoting good But this isn’t just a Tennessee con- Children’s Public Health Act of 2000 nutrition and increased physical activ- cern. It affects parents and day care which, again, had been introduced in a ity among American youth. centers and children nationwide. Ac- bipartisan way by myself, Senator JEF- Lead poisoning prevention. As I look cording to a Consumer Product Safety FORDS, and Senator KENNEDY on July 13 at problems across Tennessee, I was Commission Study in 1997, 31,000 chil- of this past year. The purpose of this concerned to learn that in Memphis dren, ages 4 and younger, were treated bill is to address a whole variety of over 12 percent of children under the in hospital emergency rooms for inju- children’s health issues, including ma- age of 6 may have lead poisoning. Such ries they sustained while in child care ternal and infant health, including pe- poisoning, we know, can contribute to or at school. More than 60 children diatric health promotion, including pe- learning disabilities, loss of intel- have died in child care settings since diatric research. Senator ORRIN HATCH, ligence, to hyperactivity, to behavioral 1990. The statistics are startling. They whose name was mentioned on the problems. are unacceptable. The thousands of floor a few minutes ago, has been a real parents dropping their children off and In this bill, we include physician leader in another area of traumatic identification and training programs leaving them in the hands of child care brain injury. Unintentional injuries are providers every day deserve the reas- on current lead screening policies. We the leading cause of death in the age track the percentage of children in surance that their children will be safe group between 1 and 19 years. It is throughout the day. health center programs, and conduct those unintentional injuries that is the A recent study by the American outreach and education for families at Academy of Pediatrics reinforced this number one cause of death. In fact, risk for lead poisoning. need further when it reported a dis- more than 1.5 million American chil- dren suffer a brain injury each year. The Surgeon General’s report of May turbing trend among children with 2000 noted that oral health is insepa- SIDS, Sudden Infant Death Syndrome. Therefore, in this bill we strengthen the traumatic brain injury for the rable from overall health, and that They looked at SIDS infants in day while a majority of the population has care. There were 1,916 SIDS cases from CDC, the National Institutes of Health, and the Health Resources and Services experienced great improvements in 1995 through 97 in 11 States and they oral health disparities affecting poor found that about 20 percent, 391 deaths Administration. Birth defects are the leading cause of children and those who live in under- occurred in these day care settings. served areas represent 80 percent of all Most troubling was the fact that in infant mortality and are responsible for about 30 percent of all pediatric ad- dental cavities in 20 percent of chil- over half of the cases the caretakers dren. placed children on their stomach, missions. This bill also focuses on ma- Our bill encourages pediatric oral where those same children at home ternal and infant health. This legisla- were put to sleep on their backs by tion establishes for the first time a Na- health by supporting community-based their parents. Parents and advocates tional Center for Birth Defects and De- research and training to improve the who are dedicated to helping to elimi- velopmental Disabilities at the CDC, to understanding of etiology, patho- nate the incidence of SIDS have urged collect, analyze and distribute data on genesis diagnoses, or the why of the that child care providers be required to birth defects. disease progression, the diagnosis of have SIDS risk reduction education. In addition, the bill authorizes a pro- the disease prevention and treatment When you hear these statistics and gram called Healthy Start, a program of these pediatric oral, dental, and cra- read these reports, you will agree. That to reduce the rate of infant mortality nial facial diseases. Behind all of those is why I included a provision in this and improve those perinatal or those is pediatrics research. bill to carry out several activities, in- outcomes around the time of birth, by Our bill strengthens pediatric re- cluding the use of health consultants providing grants to areas with a high search. It does it in such a way by es- to give health and safety advice to incidence of infant mortality and low tablishing a pediatric research initia- child care providers on important birthweight. To address the fact that tive within the National Institutes of issues, including SIDS prevention. over 3,000 women experience serious Health. It will enhance collaborative Overall, our bill authorizes $200 mil- complications due to pregnancy and efforts. It will provide increased sup- lion to States to help improve the that two out of three will die from port for pediatrics biomedical research health and safety of children in child complications in their pregnancy, this and ensure that opportunities for ad- care settings. The grants can be used bill develops a national monitoring and vancement in scientific investigations for all sorts of activities, including surveillance program to better under- and care for children are realized. child care provider training and edu- stand the maternal complications and I should also mention childhood re- cation, inspections in criminal back- mortality to decrease the disparities search protections, children who are ground checks for day care providers; among various populations at risk of involved in research, and how they are enhancements to improve a facility’s death and complications from preg- protected. ability to serve children with disabil- nancy. Included in this bill are provisions to ities; to look at transportation safety Asthma has an increasing incidence address safety initiatives in children’s procedures; to look and study and pro- in this country and we don’t know why. research by requiring the Secretary of vide information for parents on choos- This bill combats some of the most ing a safe and healthy day care setting. common ailments. For instance, it pro- Health and Human Services to review This funding could also be used to vides comprehensive asthma services the current Federal regulations for the help child care facilities meet the and coordinates the wide range of asth- protection of children who are partici- health and safety standards, or employ ma prevention programs in the Federal pating in investigations. It will address health consultants to give health and Government, to address the most com- issues such as determining acceptable safety advice to child care providers. mon childhood diseases. Asthma is a levels of risk and obtaining parental Many of us in this body have grand- disease that affects over 5 million chil- permission. They will report to Con- children or children. Our highest con- dren in this country today. gress on how to ensure the highest cerns are for the safety of those chil- Obesity is another problem. Again, standards of safety. dren and grandchildren. I understand we don’t fully understand it, but it is a This year the Senate Subcommittee the fears that so many parents have. problem that is increasing in mag- on Public Health, which I chair, held Parents should not be afraid to leave nitude. Childhood obesity has doubled two important hearings relating to their children in the care of a licensed in the past 15 years and produced al- gene therapy trials and human subject child care facility. This bill, very sim- most 5 million seriously overweight protections. We discovered a lapse of ply, helps ensure that our child care children in adolescence. It is an epi- protection for individuals participating centers will be safer. demic. This bill addresses childhood in clinical trial research. In the next

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20790 CONGRESSIONAL RECORD—SENATE October 4, 2000 Congress, we intend to make the fur- Third, it provides substance abuse as I see it, has absolutely no chance for ther review in updating of human sub- treatment services and early interven- passage. ject protections a major priority of tion substance abuse services for chil- One other thing on the access fee: this subcommittee. dren and adolescence. Let me tell our seniors very directly, if The second part of this bill, division Fourth, it helps local communities this bill were to pass today, if the Vice B of the bill, contains provisions which treat violent youth and minimizes out- President were successful in getting address very specifically the curse of breaks of youth violence through part- this bill through today, as a senior pediatric or youth drug abuse. nerships among schools, among law en- your Medicare premiums, how much The 1999 National Household Survey forcement activities, and mental you pay every month, is going to dou- on Drug Abuse conducted by the Sub- health services. It ensures Federal ble from what it is today. Your Medi- stance Abuse and Mental Health Serv- funding for substance abuse or mental care premium for what you pay today ices Administration reported that 10.9 health emergencies. for Medicare is going to double. It will percent of youth ages 12 to 17 currently And six, it supports and expands pro- go from $45 to $90 within 2 years, if you use illicit drugs. They further esti- grams providing mental health and join this plan. mated that 11.3 percent of 12- to 17- substance abuse treatment services to The third I said is one choice; one year-old boys and 10.5 percent of 12- to homeless individuals. chance; no turning back. You have one 17-year-old girls used drugs in the past I will close by basically stating, once chance under the Gore proposal. If you month. again, how excited I am about this par- are 641⁄2 you either get this prescription Just as discouraging is the growth in ticular bill as we send it to the Presi- drug benefit or you don’t. youth alcohol abuse. These same re- dent. Over the next several days during The problem is that a lot of heart ports reveal that 10.4 million current morning business, I look forward to the disease doesn’t develop until you are drinkers are younger than the legal opportunity of coming back and dis- 65, or 67, or 70, or 75, or 80, or 85 years drinking age of 21 and that more than cussing this bill further with my col- of age. At 641⁄2, if you didn’t go into 6.8 million have engaged in binge leagues who have participated so di- these prescription drug programs, you drinking. rectly in this particular bill. have no chance to go into it in the fu- Sadly, all of these numbers detailing I wish to respond very briefly to ture. You have only one chance; that youth substance abuse have risen since some comments that were made prior is, when you are 641⁄2. 1992. to me beginning my comments and the People say you only live 65, or 67, or We addressed this tragedy again head discussion on the floor in the hour pre- 77 years of age. If you live to be 641⁄2, on by incorporating the Youth Drug ceding my comments that centered on you are likely to live to 80 or 85 years and Mental Health Services Act, which prescription drug plans, the moderniza- of age. You have one choice—a Wash- in a bipartisan way was introduced by tion of Medicare, and who has the best ington HMO; one chance when you are 1 myself and Senator KENNEDY last approach. The debate was very much 64 ⁄2 and no turning back. spring which was first passed in the between the Bush proposal and the I make it very clear to our seniors Senate in November of 1999. Gore proposal. Let me very quickly what we are talking about when we This youth drug bill addresses the summarize the objections that seniors talk about the prescription drug plan problem of youth substance abuse by have to the Gore proposal and the pre- proposed by Vice President GORE. Mr. JEFFORDS. Mr. President, it authorizing and by reauthorizing and scription drugs. I can do this very gives me great pleasure to join my col- improving and strengthening the Sub- quickly. It really boils down to one stance Abuse and Mental Health Serv- leagues today in celebrating the pas- sentence. sage of Children’s Health Act, which ices Administration. This bill puts a Under the Gore proposal, seniors will Senators FRIST, KENNEDY, myself, and renewed focus on youth and adoles- have only one choice, and they will many others introduced earlier this cence substance abuse and mental only have one chance to make that health services. At the same time, it year. The Children’s Health Act passed choice. Then there is no turning back. the Senate on September 22, the House gives flexibility, and it demands great- No. 1, the Gore prescription drug pro- er accountability by States for the use on September 27, and is now one step posal is centered around a Washington- closer to becoming law. of Federal funds. run drug HMO. Created in 1992 to assist States in re- The Children’s Health Act will sig- Why does that bother seniors? Be- nificantly improve the well-being of ducing substance abuse and mental ill- cause an HMO ultimately, and often we children in this nation. This bill au- ness through these prevention and see it too commonly today, sets prices, thorizes prevention and educational treatment programs, the Substance determines access, and can deny that programs, clinical research, and direct Abuse and Mental Health Services Ad- access without any choice. clinical care services for child specific ministration provides funds to States No. 2, the Gore proposal has a $600 ac- health issues. for alcohol and drug abuse prevention cess fee. That means if you do not use President Clinton needs to sign this and treatment programs and activities, prescription drugs today, you are going legislation into law now. Our nation’s as well as mental health services. Its to be paying $600 more today for get- medical research and treatment sys- block grants account for 40 percent and ting nothing further; $600 access. That tems must be encouraged to recognize 15 percent, respectively, of all sub- is before you buy any drugs whatso- that children have unique needs. With- stance abuse and community mental ever, a $600 access fee. out the initiative of the Children’s health services. Our seniors are asking: Am I going to Health Act, research into many of the In my own State of Tennessee, the be one of the 13 million people who do diseases and disorders that effect chil- Substance Abuse and Mental Health not even have $600 in prescription drug dren will be overlooked and neglected. Services Act provides more than 70 per- requirements a year? If so, if I join I am also excited that the Children’s cent of overall funding for the Ten- that plan, I automatically am going to Health Act includes legislation that nessee Department of Health, Bureau be paying more for what I get today. the Senate passed last year to reau- of Alcohol and Drug Abuse. That is for 13 million seniors. Seniors thorize the Substance Abuse and Men- This bill very quickly accomplishes are asking: Am I going to be one of tal Health Services Administration six critical goals. It promotes State those 13 million? (SAMHSA). The Youth Drug and Men- flexibility by easing outdated or Just one example: Under the Gore tal Health Services Act is critically unneeded requirements and governing prescription drug proposal, if you have important for strengthening commu- the expenditure of Federal block $500 a year in prescription drugs, and nity-based mental health and sub- grants. you joined his plan, you are going to stance-abuse prevention and treatment Second, it ensures State account- have to pay $530 for $500 worth of pre- services. ability by moving away from the scription drugs today. We introduced SAMHSA reauthoriza- present system inefficiencies to a per- That is why seniors are going to ob- tion with strong bipartisan cosponsor- formance-based system. ject. That is why the Gore plan really, ship of many members of the HELP

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20791 Committee. The service and grant pro- ASSISTED SUICIDE schoolchildren in 700 rural school dis- grams administered by SAMHSA have Mr. WYDEN. Mr. President, I come tricts around the country could also be gone far too long without being reau- to the floor tonight to discuss the pos- held hostage because, again, there may thorized. We will now be able to im- sibility that there will be an effort be an objection to the county pay- prove access and reduce barriers to very shortly to override Oregon’s as- ments bill legislation authored by Sen- high quality, effective services for indi- sisted suicide law as part of a package ator CRAIG of Idaho and myself—again, viduals who suffer from, or are at risk that includes legislation that is ex- bipartisan. There may be an objection for, substance abuse or mental illness, tremely important to the country, to that bill, again, on the grounds that as well as for their families and com- such as legislation that would protect somehow it should be examined some munities. women from domestic violence, such as more and possibly linked again to the This legislation includes the formula legislation that would also deal with assisted suicide question. compromise for the Substance Abuse sex trafficking—an extraordinary I think, again, these issues ought to Treatment Block Grant that was origi- scourge that victimizes women and be considered on the merits. The coun- nally included in the 1998 omnibus ap- children. I think it would be extremely ty payments legislation passed this propriations bill. This is an issue of unfortunate to victimize the victims in body by unanimous consent; 100 Sen- paramount importance to small and that way. It is clearly not in the public ators agreed to make sure that these rural states, and I am pleased that this interest. schoolchildren in 700 rural school dis- tricts got a fair shake. We have been legislation ratifies and continues the Oregon’s assisted suicide law involves working with the House. We have now agreement reached in 1998. a very controversial matter. I happen come up with an agreement among the The Children’s Health Act and the to be against assisted suicide, against House, the Senate, and the White Youth Drug and Mental Health Serv- the Oregon law, but the bill that House. I think we can pass it 100–0 in ices Act are both the product of many cleared the Judiciary Committee on a the Senate. But we are told someone is months of work and collaboration 10–8 vote, a very narrow vote, is strong- going to object to the county payments among its many stakeholders. We have ly opposed by the American Cancer So- legislation for the unrelated reason come this far because of the bipartisan ciety. The American Cancer Society believes that legislation will harm that they are not able to work out an dedication of members of HELP Com- arrangement that allows them to mittee and especially the leadership of those in pain. I am very hopeful that rather than tie this assisted suicide throw the Oregon assisted suicide law Senator FRIST and Senator KENNEDY. I legislation to vitally needed legislation in the trash can on an arbitrary basis. commend them both for their consider- What the Senate worked out in Au- able efforts to help so many children that would protect the victims of do- mestic violence and women and chil- gust was fair to all sides. It ensured and American families. dren from sex trafficking, the Senate that we have a chance to discuss the I also want to thank my colleagues would adhere to the agreement that matter of assisted suicide. It is a con- in the House for their strong coopera- was entered into in August. troversial question. I personally am tion and support. I am so proud of In August, on a bipartisan basis, the against assisted suicide. I voted being involved in this effort and I Senate made it very clear, and I spe- against the Oregon law twice. I voted think the entire House of Representa- cifically addressed this on the floor of against Federal funding for assisted tives and Senate should be very proud the Senate, that I was open to a fair suicide. But I oppose the legislation of approving the Children’s Health Act. fight, to an open debate on the assisted being advanced here to overturn Or- f suicide question. In fact, I made it very egon’s law for the same reasons that clear that while I intend to use every the American Cancer Society does. It UNANIMOUS CONSENT opportunity to speak on the floor of will hurt patients in pain. AGREEMENT—H.J. RES. 110 the Senate and make sure the Members I felt compelled to come to the floor Mr. FRIST. Mr. President, I ask understand, for example, that the of the Senate and express my concern. unanimous consent when the Senate American Cancer Society believes this I think it is not in the public interest convenes tomorrow morning, the time legislation will harm those in pain, I to link desperately needed legislation prior to 10 a.m. be equally divided in was willing to accept the will of the such as the bill to protect the victims the usual form and the previously or- Senate on any cloture vote that might of domestic violence to the assisted dered vote on H.J. Res. 110 now occur be scheduled. That was the agreement suicide law. It is not appropriate to at 10 a.m. entered into in August. It provided for hold hostage the victims of sex traf- The PRESIDING OFFICER (Mr. a fair fight on this issue. ficking to the Oregon assisted suicide BROWNBACK). Without objection, it is so Tonight we are told that there may law. I hope we will not see what has ordered. be the possibility, as I have touched on, been raised as a possibility in the last of an effort to override Oregon’s as- few minutes, and that is to hold up the f sisted suicide law. By the way, Oregon county payments legislation—which DEPARTMENT OF THE INTERIOR is the only State in the country that has been agreed to by the House and AND RELATED AGENCIES APPRO- has such legislation. It would be linked the Senate negotiators and those at PRIATIONS ACT, 2001—CON- to the other desperately needed meas- the White House—that would provide a FERENCE REPORT ures, such as the legislation to protect lifeline to 700 rural school districts all women victimized by domestic vio- across the country. Mr. FRIST. I ask consent that the lence. I hope that will not be the case. I hope that bill and the other vitally Senate now resume consideration of I would have to oppose very strongly needed legislation will not be held up the Interior conference report and Sen- that kind of effort. It seems to me it is because a Senator decides he or she ator FITZGERALD be recognized. not in the public interest, and it is par- wants to throw the assisted suicide The PRESIDING OFFICER. Without ticularly regrettable since it runs con- override into unrelated legislation that objection, it is so ordered. trary to the spirit of what was agreed this country needs so greatly. I made it Mr. FITZGERALD. Mr. President, to in August: That there would be an clear last August I was open to being Senator WYDEN has requested to speak opportunity for both sides on the floor fair to both sides. That is why we en- for 5 to 10 minutes. I ask unanimous of the Senate to have this debate about tered into an agreement for a fair consent he be allowed to do that, then assisted suicide; I would have a chance fight. I said I would respect the will of I be able to go back and speak as to address the issue in some detail, but the Senate on a cloture vote if it came though it were a continuation of the if there were an effort to file cloture, I to that. I think we ought to adhere to speech I have had ongoing since early would accept the will of the Senate on that August agreement and not link this morning. that measure. this matter of throwing Oregon’s law The PRESIDING OFFICER. Without In addition, we just learned in the into the trash can by tucking it into objection, it is so ordered. last few minutes there is a possibility unrelated legislation.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.001 S04OC0 20792 CONGRESSIONAL RECORD—SENATE October 4, 2000 Frankly, those who are trying to been active in addressing this issue for include an evaluation of the benefits of tuck this override of Oregon’s assisted quite some time, and the efforts of Sen- the rule, the costs of the rule, alter- suicide law into other legislation—such ator BOND and the input of Senator native regulatory approaches, and any as the bill that would protect the vic- LEVIN were also helpful to the process. cost-benefit analysis, risk assessment, tims of domestic violence—are doing a Similarly, I know that Representatives and federalism assessment, as well as a tremendous disservice to the women KELLY and MCINTOSH worked hard on summary of the results of the evalua- victimized by domestic violence, to the the House side to get the Truth in Reg- tion and the implications of those re- victims of sex trafficking, to the ulating Act passed. The details of this sults for the rulemaking. schoolchildren who desperately need legislation were worked out by count- It is my hope that the ‘‘Truth in Reg- that county payments legislation. less hours of work by a number of staff ulating Act’’ will encourage Federal These bills ought to be considered on members, both former and current, for agencies to make better use of modern their merits. That was agreed to back these Senate and House members. In decisionmaking tools, such as cost-ben- in August with respect to the assisted addition to members of my staff, these efit analysis and risk assessment. Cur- suicide legislation. I will do everything staff members include Paul Noe, Mark rently, these important tools often are in my power to insist the Senate ad- Oesterle, Suey Howe, Linda Gustitus, viewed simply as options—options that here to what was agreed on last Au- Meredith Matty, Barry Pineles, Larry aren’t used as much or as well as they gust. McCredy, Barbara Kahlow, and Marlo should be. Over the years, the Govern- I thank my colleague and friend from Lewis. mental Affairs Committee has re- Illinois for his thoughtfulness. Mr. President, I look forward to the viewed and developed a voluminous f President signing this legislation. record showing that our regulatory Mr. THOMPSON. Mr. President, I am process is not working as well as in- INTERPARLIAMENTARY pleased that last night the House tended and is missing important oppor- CONFERENCES passed on suspension the ‘‘Truth in tunities to achieve more cost-effective Mr. LOTT. Mr. President, for the in- Regulating Act,’’ S. 1198, and that this regulation. In April 1999, I chaired a formation of the affected Members of legislation will now be sent to the hearing in which we heard testimony the Senate, I would like to state for President. S. 1198 will support Congres- on the need for this proposal. The Gen- the record that if a Member who is pre- sional oversight to ensure that impor- eral Accounting Office has done impor- cluded from travel by the provisions of tant regulatory decisions are cost-ef- tant studies for Governmental Affairs rule 39 is appointed as a delegate to an fective, well-reasoned, and fair. and other committees showing that official conference to be attended by The foundation of the ‘‘Truth in Reg- agency practices—in cost-benefit anal- Members of the Senate, then the ap- ulating Act’’ is the right of Congress ysis, risk assessment, federalism as- pointment of that individual con- and the people we serve to know about sessments, and in meeting trans- stitutes an authorization by the Senate important regulatory decisions. parency and disclosure requirements of and the Member will not be deemed in Through the General Accounting Of- laws and executive orders—need sig- violation of rule 39. fice, which serves as Congress’ eyes and nificant improvement. Many other au- f ears, this legislation will help us get thorities support these findings. All of access to the cost-benefit analysis, risk us benefit when government performs FINAL PASSAGE OF S. 1198, THE assessment, federalism assessment, and well and meets the needs of the people TRUTH IN REGULATING ACT other key information underlying any it serves. Mr. LOTT. Mr. President, I rise today important regulatory proposal. So, in a A lot of effort and collaboration went to applaud the efforts of everyone who real sense, this legislation not only into this legislation, which I think is worked to pass S. 1198, the Truth in gives people the right to know; it gives why the Senate and now the House Regulating Act. Last evening, the them the right to see—to see how the could approve it with broad bipartisan House passed this important legisla- government works, or doesn’t. GAO support. The Truth in Regulating Act tion, following the Senate’s passage of will be responsible for providing an is based on two initiatives—a bill origi- the bill on May 9th of this year. I was evaluation of the analysis underlying a nally sponsored by Senator RICHARD pleased to learn of the final passage of proposed regulation, which will enable SHELBY with Senators LOTT and BOND, this bill in the House, as this event us to communicate better with the as well as a similar measure that I marks the culmination of the hard agency up-front. It will help us to en- sponsored with Senators LINCOLN, work of many Senators, Representa- sure that the proposed regulation is VOINOVICH, KERREY, BREAUX, LANDRIEU, tives, and members of their staffs in sensible and consistent with Congress’ INHOFE, STEVENS, BENNETT, ROBB, achieving another milestone in our intent before the horse gets out of the HAGEL, and ROTH. I particularly appre- journey towards comprehensive regu- barn. It will help improve the quality ciate that my colleagues on the other latory reform. of important regulations. This will side of the aisle worked with me to This legislation establishes a process contribute to the success of programs pass this legislation. From the begin- for Congress to obtain reviews of eco- that the public values and improve ning, Senator BLANCHE LINCOLN made nomically significant rules. These re- public confidence in the Federal Gov- this a bipartisan initiative by joining views, to be performed by the General ernment, which is a real concern today. me as cosponsor. Later, Senator JO- Accounting Office, will help Congress Under the 3-year pilot project estab- SEPH LIEBERMAN, the Ranking Member to better assess the impact of federal lished by this legislation, a chairman of the Governmental Affairs Com- agency regulations. I am confident or ranking member of a committee mittee, worked with me to resolve his that the information which will be pro- with legislative or general oversight concerns before the Committee mark- vided in these reports will enable Con- jurisdiction, such as Governmental Af- up. This led the way for passage of this gress and the public to have a better fairs, may request the GAO to review a legislation through the Governmental understanding of the potential costs proposed economically significant rule Affairs Committee by voice vote and and benefits of these regulations, and I and provide an independent evaluation through the Senate by unanimous con- believe that these independent anal- of the agency regulatory analysis un- sent. yses will help federal agencies to de- derlying the rule. The Comptroller Congresswoman SUE KELLY first pro- velop the most efficient and beneficial General shall submit a report no later posed a bill for the congressional re- regulations for all concerned. than 180 days after a committee re- view of regulations in the 105th Con- Mr. President, passage of this legisla- quest is received. A requester may ask gress. After the Senate passed S. 1198 tion would not have been possible with- for the report sooner when needed, as by unanimous consent in May of this out the hard work of several Senators may be the case where there is a short year, Chairman DAN BURTON of the on both sides of the aisle. Both Senator comment period or hearing schedule. Government Reform Committee ad- SHELBY and Senator THOMPSON have The Comptroller General’s report shall vanced the bill through the House. I

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want to thank Chairman BURTON for debates are not important enough to mission for the United States Associa- his leadership as well as SUE KELLY for preempt other programming. tion of Former Members of Congress. her hard work that led to the final pas- I notice that NBC said its local affili- These four former members, John sage of the Truth in Regulating Act in ates could make their own judgment. It Brademas, Larry LaRocco, Fred the House. is not as if NBC, according to Mr. Grandy, and Jack Buechner, did not I congratulate my colleagues in the Kennard, the Chairman of the Federal travel as a group officially invited by House and Senate for pulling together Communications Commission, has not the Cuban Government, but rather to get the job done. interrupted regular programming pre- traveled on tourist visas, a distinction f viously. In fact, they have interrupted that allowed the delegation more flexi- sports programming previously. NBC, bility to meet with representatives of a ON DELAYS IN SENATE last evening, said: We have a contract wide cross section of Cuban society, in- CONSIDERATION OF H.R. 5107 to show a New York Yankees-Oakland cluding religious and cultural leaders, Mr. LEAHY. Mr. President, all Demo- Athletics playoff game. So they did not as well as ordinary Cuban citizens. crats have cleared for final passage really want to, on a national basis, Upon returning to the United States, H.R. 5107, the Work for Hire and Copy- show the Presidential debate live. They the delegation wrote a detailed report right Corrections Act of 2000. I hope did allow their affiliates to make that concerning their visit to Cuba, and that the Senate will take up H.R. 5107 decision. their recommendations on U.S.-Cuban without further unnecessary delay. Mr. Kennard points out in an op-ed policy. Remarkably, the recommenda- Representatives BERMAN and COBLE de- piece in the New York Times that in tions contained in the report were serve credit, along with the interested 1994 NBC was showing the NBA finals, unanimous, and were markedly similar parties, for working out a consensus the basketball finals, but they cut to the recommendations made by two solution in their work for hire copy- away from the basketball finals to fol- previous delegations in 1996, and 1999. right legislation. I do not know why low that white Bronco that was mean- The report, which was released on the Senate has not confirmed their dering around the highways of Los An- September 5, states that ‘‘United work and accorded their bill consent geles with O.J. Simpson in the back- States policy toward Cuba should be for final passage. Why the Republican seat. So they were able to cut away addressed on the basis first, of what is majority has not taken up this meas- from the NBA finals to deal with the best for U.S. national interests, and ure since the middle of last week is an- O.J. Simpson saga in that white Bron- second, what is best for Cuba and the other unexplained mystery. co, we remember so well, but they Cuban people.’’ It goes on to observe As has been true with our bipartisan could not cut away from a playoff that, as a policy aimed at bringing bill to provide bulletproof vest grants game—not the World Series; a playoff about political change in Cuba, the reg- to law enforcement, S. 2014, and its game—in baseball to televise the Presi- imen of comprehensive sanctions and House-passed counterpart, H.R. 4033, dential debate. the embargo have become increasingly all Democrats have cleared these mat- Fox News is another story. They did anachronistic. It calls upon Congress ters for Senate action. As has been true not give their affiliates any choice. and the Administration to begin a for some time with the Violence From their standpoint, ‘‘Dark Angel’’ phased reduction of sanctions against Against Women Act of 2000, S. 2787, all was important last night, entertain- Cuba, and a first step, recommends Democrats have cleared these matters ment programming. Apparently Fox that current legislation on Capitol Hill for Senate action. The same is true News’ entertainment programming is to remove all restrictions on the sales with respect to S. 1796, the Justice for more important than televising the or gifts of food and medicines be en- Victims of Terrorism Act, all Demo- Presidential debates for the American acted. The report concludes with the crats have cleared these matters for people. observation that the delegation found Senate action. There are so many bills I agree with Bill Kennard, the Chair- ‘‘solid support among key independ- cleared by the Senate Democrats being man of the Federal Communications ents’’ in Cuba for this action. held hostage without explanation by Commission. He wrote a piece that Among other recommendations, the the Republican majority, it is hard to says: ‘‘Fox and NBC Renege on a delegation suggested that the United know where to begin and where to end. Debt.’’ It seems to me, in this country States establish a bank in Havana to Here is this last week of the session the we ought to take this system of ours authorize the sale of food and medi- Senate could be making progress on a seriously. Presidential debates are very cine, that additional direct flights be- number of items but we remained sty- important. They have a wonderful and tween the U.S. and Cuba be facilitated, mied. hallowed tradition in this country. It and steps taken to improve Internet I regret that Congress did not com- seems to me that television networks communication between the two coun- plete its necessary work on the re- have a responsibility to the American tries. quired appropriations bills before the people to provide live coverage of those These recommendations were based beginning of the new fiscal year. We debates. on the perception by the traveling dele- are again requiring the Government to I regret that NBC did not. And I gation that the embargo on food and exist from continuing resolution to would say to the NBC affiliate in Wash- medicine is hurting common Cuban continuing resolution. Along with the ington, DC, they decided to carry the citizens while failing to advance U.S. American people, I hope that we will debate. Thank you for doing that. Good national security interests on the is- complete our work before too much for them. But Fox News did not give land. The consensus in Cuba is that longer. any of their affiliates that choice. I Fidel Castro is not being affected by f think they have made the wrong this embargo—he has all the food and choice. medicine he needs. The Cuban people NBC AND FOX AND THE f recognize that the embargo hurts only PRESIDENTIAL DEBATES themselves, and are actively seeking Mr. DORGAN. Mr. President, I also VISIT BY FORMER MEMBERS OF help from the United States. wish to say a word today about NBC CONGRESS TO CUBA As we approach the final days of this and Fox, the two television networks Mr. DODD. Mr. President, today I session, hard-fought progress toward that have decided they would not join with my colleague Senator ROB- an easing of the embargo may still bear broadcast the Presidential debates live. ERTS to draw attention to a most inter- fruit. While the Senate considers im- I think it is deplorable, really, that esting report on our country’s policy portant legislation in this area, I urge networks, that use the public airwaves, toward Cuba. Some of my colleagues my colleagues to read both the ex- and have some responsibility here with may know that a bipartisan group of cerpts of the report at the end of my respect to the public good and public former Members of Congress traveled speech and the full text of the Associa- interest, have decided that Presidential to Cuba in September on a fact-finding tion report, which is available from the

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 20794 CONGRESSIONAL RECORD—SENATE October 4, 2000 United States Association of Former Beatriz Roque, Rene´ Go´ mez Manzano, and kota, it has become increasingly dif- Members of Congress at 330 A Street, Felix Bonne—and independent journalists ficult to pass school bond issues, given N.W., Washington, D.C. 20002. With living in that country today. the fact that real estate taxes are al- that, Mr. President, I ask unanimous On the ground in Cuba, we heard a remark- ready too high and our state’s agricul- ably diverse array of voices and observed a consent that portions of the delega- highly complex set of political and social cir- tural economy has been struggling. tion’s report be printed in the RECORD. cumstances; nonetheless, we submit this re- The result is an enormous backlog of There being no objection, the mate- port in the conviction that the implementa- school construction needs, and the rial was ordered to be printed in the tion of our recommendations can only fur- costs of repair and replacement only RECORD, as follows: ther the interests of both the United States increase with each passing year. THE UNITED STATES ASSOCIATION OF FORMER and the people of Cuba. To propose a new school construction MEMBERS OF CONGRESS JOHN BRADEMAS, partnership is not to suggest some sort We, the four members of a delegation of D—Indiana. of ‘‘federalization’’ of K–12 public edu- the United States Association of Former J. BUECHNER, cation. The decisions as to whether to Members of Congress (AFMC), visited Cuba R—Missouri. replace or repair a school would remain FRED GRANDY, from May 26 to June 3, 2000, to explore first- with the local school districts where hand the current political, social and eco- R—Iowa. LARRY LAROCCO, they belong, and by far the largest nomic realities in that country and to con- share of the expense would continue to sider what steps might be taken to improve D—Idaho. relations between Cuba and the United RECOMMENDATIONS be met by local taxpayers. Even so, a States. Before traveling we were briefed by Our recommendations are based on our ex- federal effort to reduce interest costs officials in the Department of State, key tensive discussions during our trip to Cuba. or otherwise participate in reducing Members of Congress, leaders of non-govern- Our recommendations closely parallel those the total cost of school construction mental organizations (NGOs) and officials of of the two previous bipartisan delegations of could often times make the difference the Cuban Interests Section in Washington, the U.S. Association of Former Members of between a successful project or none at DC. The report you hold in your hands re- Congress. all. If the federal government were to flects the collective deliberations of the dele- 1. Congress and the administration should simply block grant these funds, the gation, and lists six specific recommenda- begin a phased reduction of sanctions legis- dollars would have to be disbursed in tions that we all endorse. As you will see, we lation, as defined in the Cuban Democracy did not attempt to tackle every issue in- Act of 1992 (PL 102–484) and the Cuban Lib- such a broad manner that no school volved in relations between our countries; in erty and Democratic Solidarity (LIBERTAD) district would receive a sufficient order to make concrete and well-founded rec- Act of 1996 (Helms-Burton, PL 104–114). As a amount of help to seriously make a ommendations, we focused on a core of mat- first step, current legislation on Capitol Hill real difference. ters that seemed particularly significant to (H.R. 3140 and S. 2382) to remove all restric- While I appreciate that school con- us. tions on the sales (for gifts) of food and struction assistance must be targeted This fact-finding trip was the third and medicines should be enacted. to help needy school districts first, I do last in a series funded by a grant from the 2. Serious consideration should be given to want to convey my strong opinion that Ford Foundation to the AFMC. The other the establishment of a U.S. bank in Havana the eligibility requirements for a fed- two trips were made in December 1996 and if legislation to authorize the sales of food January 1999. Our recommendations closely and medicine is approved by Congress and eral-local partnership should not be so parallel those of the previous two bipartisan the Administration. restrictive as to eliminate the possi- delegations. To date, 15 former Members of 3. Opportunities for people-to-people con- bility of many of our school districts Congress (eight Republicans and seven tact between citizens of the United States from participating. South Dakota has a Democrats) have traveled to Cuba on these and Cuba should be expanded, particularly great many school districts which are Ford Foundation-sponsored missions. The through two-way exchanges in the fields of not completely impoverished, but yet recommendations of all three delegations education and culture. More links between find it almost impossible to pass a bond have been unanimous and are remarkably educational, cultural and non-governmental issue and otherwise adequately fund similar in terms of their implications for institutions in our two countries should also U.S. policy. be established. their education programs. This pro- Unlike the two previous delegations, we 4. The current ceilings on annual remit- gram should apply to more than just did not travel as a group officially invited by tances from the United States to Cuba the extreme poverty situations of inner the Cuban Government. We had the appro- should be raised significantly, if not elimi- urban areas and remote rural areas. It priate documentation from the United nated. should apply as well to the many small States Government, including a license from 5. Steps should be taken to facilitate direct and medium size communities all the Department of Treasury’s Office of For- fights between the United States and Cuba. across our country that seriously eign Assets Control. Although the Cuban 6. Steps should be taken to improve Inter- struggle with school construction and government did not extend an official invita- net communication between the citizens of tion to the delegation, we were issued tourist both countries. Initiatives aimed at enabling renovation needs. visas. Cuban citizens to gain greater access to the I applaud and support these efforts to The unofficial character of the visit al- Internet should be encouraged, and support invest a small portion of our Nation’s lowed us to control our own time, to have a should be given to individuals and entities wealth in improved educational oppor- wide variety of meetings and to gain a much involved in the creation of websites and tunities and facilities for all—this in- better idea of what a cross-section of the other electronic platforms aimed at improv- vestment now, will result in improved Cuban population thinks. Unencumbered by ing mutual understanding between the peo- academic performance, better citizen- the protocol demands that normally accom- ples of the United States and Cuba. ship and a stronger economy for gen- pany an officially approved trip, we were free f erations to come. to visit a range of independent organiza- tions, art centers, church and church-spon- SUPPORT FOR FEDERAL-STATE- f sored groups and research centers. We were PARTNERSHIPS RELATIVE TO VICTIMS OF GUN VIOLENCE also able to attend church services, visit SCHOOL MODERNIZATION markets, travel into the countryside and Mr. DORGAN. Mr. President, it has talk freely to private citizens. The people we Mr. JOHNSON. Mr. President, I rise been more than a year since the Col- met with ranged from an average woman at- to express my strong support for initia- umbine tragedy, but still this Repub- tending an Elia´ n Gonza´ lez rally whom we en- tives to create a federal-state-local lican Congress refuses to act on sen- gaged in spontaneous conversation to Cuba’s partnership relative to public school sible gun legislation. Minister of Foreign Affairs; from the tour construction and renovation through- Since Columbine, thousands of Amer- guide of the Partaga´ s cigar factory in Old out America. At a time when unprece- icans have been killed by gunfire. Until Havana to the Papal Nuncio; from the direc- dented budget surpluses are being pro- we act, Democrats in the Senate will tor of the government-sponsored cultural or- jected by budget leaders at both the ganization Casa de las Ame´ricas to the head read the names of some of those who of the Roman Catholic relief organization, White House and in Congress, it seems have lost their lives to gun violence in Caritas; from an urban planner sympathetic clear to me that some modest portion the past year, and we will continue to to the current regime in Cuba to some of the of these funds ought to be used to as- do so every day that the Senate is in most controversial figures—including Marta sist our school districts. In South Da- session.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20795 In the name of those who died, we While I think the success of this Act islation to reauthorize the Violence will continue this fight. Following are alone is an important reason to sup- Against Women Act. If Congress fails the names of some of the people who port its continuation, it is not why I to reauthorize VAWA, many critical were killed by gunfire one year ago stand here today. Although the number programs may be jeopardized. Reau- today. of women murdered by an intimate thorization legislation, which has October 4, 1999: partner is the lowest it has been since broad bipartisan support will help to: Darius Bradley, 18, Baltimore, MD; 1976, still, 3 out of 4 victims murdered maintain existing programs, expand in- Joseph Booker, 21, Chicago, IL; Vin- last year were female. Tremendous vestigation and prosecution of crimes cent Dobson, 22, Baltimore, MD; Frank strides have been made, but domestic against women; provide greater num- Garner, 22, Kansas City, MO; Larry D. violence and crimes against women bers of victims with assistance; main- Hadley, 43, Madison, WI; Joseph Hall, continue to devastate the lives of many tain and expand the domestic violence 20, Detroit, MI; Arthur Harris, 39, women and children throughout our hotline, shelter, rape prevention, and Houston, TX; Kendall Hawks, 18, Balti- country. education programs; and support effec- more, MD; Clarence Jackson, 21, New In fact, in May of this year, one week tive partnerships between law enforce- Orleans, LA; Derrick Jacque, 24, New after Mother’s Day, a Louisiana ment, victim advocates and commu- Orleans, LA; Jasul Johnson, 23, Phila- woman, Jacqulene Gersfeld, was nities. delphia, PA; Charlotte Lindsey, 50, gunned down by her husband just out- Again, I am disappointed that this side a Gretna courthouse. The couple Memphis, TN; James McClinton, 24, Congress is quickly coming to a close had a history of violence and friends Chicago, IL; Richard Mitchell, 51, De- and this bill is still waiting for action reported that this was not the first troit, MI; Shawn Moore, 25, New Orle- by the Senate. Several times during time Jacqulene’s husband, Marvin, had ans, LA; Cedric Outler, 41, Miami-Dade the campaign, the leadership has threatened to kill her. Far too often, County, FL; Zawakie Walker, 23, De- claimed that the issues that are impor- abused women are afraid, and many troit, MI; Darieus Washington, 31, Bal- tant to women are of the highest pri- times for good reason, to remove them- timore, MD; William Wilson, 24, Balti- ority. I can hardly think of an issue more, MD; and Unidentified male, 72, selves from these abusive relationships, that more directly affects the lives of Nashville, TN. but not Jacqulene, she sought help, ob- women and their families than their We cannot sit back and allow such tained a protective order and filed for senseless gun violence to continue. The divorce. She left that courtroom be- health and safety. deaths of these people are a reminder lieving that her days of living in fear Since we returned from the August to all of us that we need to enact sen- were over and that her husband could recess, several members have come to sible gun legislation now. no longer harm her. But she was wrong. the floor and talked about time. The minority leader eloquently detailed the f I am sad to say that Jacqulene’s story is not unique. In New Orleans amount of time, or lack thereof, that ISSUES OF IMPORTANCE TO alone, the Domestic Violence help line this body has dedicated to actually WOMEN receives 16,000 calls for assistance a doing the work of the American people. Ms. LANDRIEU. Mr. President, I year. Of the total women’s homicide The majority leader, on the other would like to speak on a pending piece rate, 46 percent of those deaths are at- hand, has cautioned us that time is of legislation that I believe requires tributed to domestic violence. And that limited and we, therefore, must use it our urgent attention. The fact that the is just one city in my state. I am cer- wisely. I could not agree more—time is leadership has not acted to bring this tain that every one of my colleagues running out and so, it is about time bill to the floor is of great concern to could come to this floor and tell of a that we ask the Majority to do more me. While I understand that our time woman in their state whose fate was than make empty promises. It is about is short and our list is long, the Re-au- that of Jacqulene’s. As citizens of the time we question the sincerity of a thorization of the Violence Against greatest democracy in the world, we party when their Presidential can- Women’s Act should be on the list of cannot stand idly by and watch these didate needs to be briefed before he can priorities for this Congress. I urge the stories unfold. The need for the serv- take a stance on legislation to end vio- leadership not to allow another day to ices provided for under the Violence lence against women. It is about time pass and to bring this bill to the floor Against Women Act are needed now we do all we can to make good on a for our immediate consideration. more than ever. Women like Jacqulene promise that we made six years ago to In 1994, with the President’s strong must be protected from the wrath of victims like Jacqulene. While it is too support, Congress passed the landmark their estranged abusers. They must late for us to help her, we owe to the Violence Against Women Act, which know that there are people willing to hundreds and thousands of others like established new Federal criminal pro- help them and their children escape the her to act quickly. I implore my col- visions and key grant programs to im- abuse and start a new life. leagues not to let time run out for the prove this nation’s criminal justice While domestic violence may be dis- millions of women whose lives could be system’s response to domestic violence. missed by some as an issue that affects saved by this legislation. Since that time, the number of crimes only women, it is not, it is an issue against women has decreased. A recent that affects us all. Studies show that a f report by the Bureau of Justice Statis- child’s exposure to the father abusing tics shows that the number of women the mother is the strongest risk factor REQUEST FOR PRINTING OF THE experiencing violence at the hands of for transmitting violent behavior from ECSTASY ANTI-PROLIFERATION an intimate partner declined 21 percent one generation to the next. A signifi- ACT OF 2000 IN THE CONGRES- from 1993 to 1998. Under this bill, the cant number of young males in the ju- SIONAL RECORD Federal Government has awarded $1.6 venile justice system were from homes billion dollars, $24 million of which where violence was the order of the Mr. GRAHAM. Mr. President, on 23 went to support programs in the State day. Family violence costs the nation May 2000, I introduced the Ecstasy of Louisiana, to help support the ef- from $5 to $10 billion annually in med- Anti-proliferation Act of 2000, now forts of prosecutors, law enforcement ical expenses, police and court costs, known as S. 2612. The original bill text officials, the courts, victim advocates, shelters and foster care, sick leave, ab- was not printed in the CONGRESSIONAL health care and social service profes- senteeism, and non-productivity. In RECORD for that day. I am resubmitting sionals, and intervention and preven- fact, the majority of welfare recipients the original text of the bill and ask tion programs. The National Domestic have experienced domestic abuse in unanimous consent that the text be Violence Hotline, established with their adult lives and a high percentage printed in the CONGRESSIONAL RECORD. funds from this Act, has received more are currently abused. There being no objection, the bill was than 500,000 calls since it began oper- My Colleague from Delaware, Sen- ordered to be printed in the RECORD, as ating. ator BIDEN, and I have cosponsored leg- follows:

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 20796 CONGRESSIONAL RECORD—SENATE October 4, 2000 S. 2612 ther a chemical structure substantially simi- Schedule I and II depressants are subject to Be it enacted by the Senate and House of Rep- lar to that of 3,4-methylenedioxy meth- greater terms of imprisonment than cur- resentatives of the United States of America in amphetamine or and effect on the central rently provided by the guidelines and that Congress assembled, nervous system substantially similar to or such terms are consistent with applicable SECTION 1. SHORT TITLE. greater than that of 3,4-methylenedioxy statutory maximum penalties; and This Act may be cited as the ‘‘Ecstasy methamphetamine; (3) take any other action the Commission Anti-Proliferation Act of 2000’’. (including an attempt or conspiracy to com- considers to be necessary to carry out this SEC. 2. FINDINGS. mit an offense described in paragraph (1), (2), subsection. Congress makes the following findings: (3), or (4)) in violation of the Controlled Sub- (c) ADDITIONAL REQUIREMENTS.—In car- (1) The illegal importation of 3,4- stances Act (21 U.S.C. 801 et seq.), the Con- rying out this section, the United States methylenedioxy methamphetamine, com- trolled Substances Import and Export Act (21 Sentencing Commission shall consider— monly referred to as ‘‘MDMA’’ or ‘‘Ecstasy’’, U.S.C. 951 et seq.), or the Maritime Drug Law (1) the dangers associated with the use of has increased in recent years, as evidenced Enforcement Act (46 U.S.C. 1901 et seq.). the substances described in subsection (a), by the fact that Ecstasy seizures by the (b) GENERAL REQUIREMENT.—In carrying and unlawful activity involving such sub- United States Customs Service have risen out this section, the United States Sen- stances; from less than 500,000 tablets during fiscal tencing Commission shall, with respect to (2) the rapidly growing incidence of abuse year 1997 to more than 4,000,000 tablets dur- each offense described in subsection (a)— of the controlled substances described in sub- ing the first 5 months of fiscal year 2000. (1) review and amend the Federal sen- section (a) and the threat to public safety (2) Use of Ecstasy can cause long-lasting, tencing guidelines to provide for increased that such abuse poses, including the dangers and perhaps permanent, damage to the sero- penalties such that those penalties are com- posed by overdose; and tonin system of the brain, which is funda- parable to the base offense levels for offenses (3) the recent increase in the illegal manu- mental to the integration of information and involving any methamphetamine mixture; facture the controlled substances described emotion, and this damage can cause long- and in subsection (a). term problems with learning and memory. (2) take any other action the Commission SEC. 5. EMERGENCY AUTHORITY TO SENTENCING (3) Due to the popularity and market- considers to be necessary to carry out this COMMISSION. ability of Ecstasy, there are numerous Inter- subsection. The United States Sentencing Commission net websites with information on its effects, (c) ADDITIONAL REQUIREMENTS.—In car- shall promulgate amendments under this Act production, and the locations of use, often rying out this section, the United States as soon as practicable after the date of the referred to as ‘‘raves’’. The availability of Sentencing Commission shall ensure that enactment of this Act in accordance with the this information targets the primary users of the Federal sentencing guidelines for offend- procedure set forth in section 21(a) of the Ecstasy, who are most often college stu- ers convicted of offenses described in sub- Sentencing Act of 1987 (Public Law 100–182), dents, young professionals, and other young section (a) reflect— as though the authority under that Act had people from middle- to high-income families. (1) the need for aggressive law enforcement not expired. (4) Greater emphasis needs to be placed action with respect to offenses involving the SEC. 6. PROHIBITION ON DISTRIBUTION OF IN- on— controlled substances described in sub- FORMATION RELATING TO THE MAN- (A) penalties associated with the manufac- section (a); and UFACTURE OR ACQUISITION OF ture, distribution, and use of Ecstasy; (2) the dangers associated with unlawful CONTROLLED SUBSTANCES. (B) the education of young people on the activity involving such substances, includ- Section 403 of the Controlled Substances negative health effects of Ecstasy, since the ing— Act (21 U.S.C. 843) is amended by adding at reputation of Ecstasy as a ‘‘safe’’ drug is it’s (A) the rapidly growing incidence of abuse the end the following: most dangerous component; of the controlled substances described in sub- ‘‘(g) PROHIBITION ON DISTRIBUTION OF IN- (C) the education of State and local law en- section (a) and the threat to public safety FORMATION RELATING TO MANUFACTURE OR forcement agencies regarding the growing that such abuse poses; ACQUISITION OF CONTROLLED SUBSTANCES.— problem of Ecstasy trafficking across the (B) the recent increase in the illegal im- ‘‘(1) CONTROLLED SUBSTANCE DEFINED.—In United States; portation of the controlled substances de- this subsection, the term ‘controlled sub- (D) reducing the number of deaths caused scribed in subsection (a); stance’ has the meaning given that term in by Ecstasy use and its combined use with (C) the young age at which children are be- section 102(6) of the Controlled Substances other ‘‘club’’ drugs and alcohol; and ginning to use the controlled substances de- Act (21 U.S.C. 802(6)). (E) adequate funding for research by the scribed in subsection (a); and ‘‘(2) PROHIBITION.—It shall be unlawful for National Institute on Drug Abuse to— (D) any other factor that the Sentencing any person— (i) identify those most vulnerable to using Commission deems appropriate. ‘‘(A) to teach or demonstrate the manufac- Ecstasy and develop science-based preven- SEC. 4. ENHANCED PUNISHMENT OF GHB TRAF- ture of a controlled substance, or to dis- tion approaches tailored to the specific needs FICKERS. tribute by any means information pertaining of individuals at high risk; (a) AMENDMENT TO FEDERAL SENTENCING to, in whole or in part, the manufacture, ac- (ii) understand how Ecstasy produces its GUIDELINES.—Pursuant to its authority quisition, or use of a controlled substance, toxic effects and how to reverse neurotoxic under section 994(p) of title 28, United States with the intent that the teaching, dem- damage; Code, the United States Sentencing Commis- onstration, or information be used for, or in (iii) develop treatments, including new sion shall amend the Federal sentencing furtherance of, an activity that constitutes a medications and behavioral treatment ap- guidelines in accordance with this section crime; or proaches; with respect to any offense relating to the ‘‘(B) to teach or demonstrate to any person (iv) better understand the effects that Ec- manufacture, importation, or exportation of, the manufacture of a controlled substance, stasy has on the developing children and or trafficking in— or to distribute to any person, by any means, adolescents; and (1) gamma-hydroxybutyric acid and its information pertaining to, in whole or in (v) translate research findings into useful salts; or part, the manufacture, acquisition, or use of tools and ensure their effective dissemina- (2) the List I Chemical gamma-butyro- a controlled substance, knowing or having tion. lactone; reason to know that such person intends to SEC. 3. ENHANCED PUNISHMENT OF ECSTASY (including an attempt or conspiracy to com- use the teaching, demonstration, or informa- TRAFFICKERS. mit an offense described in paragraph (1) or tion for, or in furtherance of, an activity (a) AMENDMENT TO FEDERAL SENTENCING (2)) in violation of the Controlled Substances that constitutes an offense. GUIDELINES.—Pursuant to its authority Act (21 U.S.C. 801 et seq.), the Controlled ‘‘(3) PENALTY.—Any person who violates under section 994(p) of title 28, United States Substances Import and Export Act (21 U.S.C. this subsection shall be fined under this Code, the United States Sentencing Commis- 951 et seq.), or the Maritime Drug Law En- title, imprisoned not more than 10 years, or sion shall amend the Federal sentencing forcement Act (46 U.S.C. 1901 et seq.). both.’’. guidelines regarding any offense relating to (b) GENERAL REQUIREMENTS.—In carrying SEC. 7. ANTIDRUG MESSAGES ON FEDERAL GOV- the manufacture, importation, or expor- out this section, the United States Sen- ERNMENT INTERNET WEBSITES. tation of, or trafficking in— tencing Commission shall with respect to Not later than 90 days after the date of en- (1) 3,4-methylenedioxy methamphetamine; each offense described in subsection (a)— actment of this Act, the head of each depart- (2) 3,4-methylenedioxy amphetamine; (1) review and amend the Federal Sen- ment, agency, and establishment of the Fed- (3) 3,4-methylenedioxy-N-ethylamphet- tencing guidelines to provide for increased eral Government shall, in consultation with amine; or penalties such that those penalties reflect the Director of the Office of National Drug (4) any other controlled substance, as de- the seriousness of these offenses and the Control Policy, place antidrug messages on termined by the Sentencing Commission in need to deter them; appropriate Internet websites controlled by consultation with the Attorney General, (2) assure that the guidelines provide that such department, agency, or establishment that is marketed as Ecstasy and that has ei- offenses involving a significant quantity of which messages shall, where appropriate,

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20797 contain an electronic hyperlink to the Inter- abuse and addiction to 3,4-methylenedioxy ADDITIONAL STATEMENTS net website, if any, of the Office of National methamphetamine or related drugs. Drug Control Policy. ‘‘(d)(1) PREVENTION PROGRAM ALLOCA- SEC. 8. EXPANSION OF ECSTASY AND LIQUID EC- TION.—Not less than $500,000 of the amount CONGRATULATING THE NEW YORK STASY ABUSE PREVENTION EF- available in each fiscal year to carry out this METS AND THE NEW YORK FORTS. section shall be made available to the Ad- YANKEES ON THEIR SUCCESS- (a) PUBLIC HEALTH SERVICE ASSISTANCE.— ministrator, acting in consultation with FUL SEASONS Part A of title V of the Public Health Serv- other Federal agencies, to support and con- ice Act (42 U.S.C. 290aa et seq.) is amended duct periodic analyses and evaluations of ef- ∑ Mr. MOYNIHAN. Mr. President, I by adding at the end the following: fective prevention programs for abuse of and rise to congratulate both New York ‘‘SEC. 506. GRANTS FOR ECSTASY ABUSE PREVEN- addiction to 3,4-methylenedioxy meth- professional baseball clubs, the Mets TION. amphetamine or related drugs and the devel- and the Yankees, on yet another out- ‘‘(a) AUTHORITY.—The Administrator may opment of appropriate strategies for dissemi- standing season of play. And as any fan make grants to, and enter into contracts and nating information about and implementing cooperative agreements with, public and these programs. will know, the season has only just nonprofit private entities to enable such en- ‘‘(2) REPORT.—The Administrator shall sub- begun. With the ‘‘Amazin’s’’ capturing tities— mit an annual report containing the results in fine form the National League Wild ‘‘(1) to carry out school-based programs of the analyses and evaluations conducted Card and the ‘‘Bronx Bombers’’ win- concerning the dangers of abuse of and addic- under paragraph (1) to— ning the American League East Divi- tion to 3,4-methylenedioxy methamphet- ‘‘(A) the Committee on Health, Education, sion for the fourth time in the last five amine or related drugs, using methods that Labor, and Pensions, the Committee on the years, the most exciting time of the are effective and science-based, including Judiciary, and the Committee on Appropria- year is now upon us. New Yorkers look initiatives that give students the responsi- tions of the Senate; and bility to create their own antidrug abuse ‘‘(B) the Committee on Commerce, the forward to their first ‘‘subway series’’ education programs for their schools; and Committee on the Judiciary, and the Com- since 1956, when the Yankees beat the ‘‘(2) to carry out community-based abuse mittee on Appropriations of the House of then-Brooklyn Dodgers in seven games and addiction prevention programs relating Representatives. and Don Larson threw the only perfect to 3,4-methylenedioxy methamphetamine or ‘‘(e) AUTHORIZATION.— There is authorized game in World Series history. We will related drugs that are effective and science- to be appropriated to carry out this sub- cheer for our revered teams like no based. section— time since. ‘‘(b) USE OF FUNDS.—Amounts made avail- ‘‘(1) $5,000,000 for fiscal year 2001; and First, however, the Mets head west to ‘‘(2) such sums as may be necessary for able under a grant, contract or cooperative take on the San Francisco Giants, a agreement under subsection (a) shall be used each succeeding fiscal year.’’. for planning, establishing, or administering (b) NATIONAL YOUTH ANTIDRUG MEDIA CAM- team they had some trouble with ear- prevention programs relating to 3,4- PAIGN.—In conducting the national media lier in the season and a team to be methylenedioxy methamphetamine or re- campaign under section 102 of the Drug-Free reckoned with. But the Mets have lated drugs in accordance with paragraph (3). Media Campaign Act of 1998 (21 U.S.C. 1801), picked up a lot of steam in recent ‘‘(c)(1) DISCRETIONARY FUNCTIONS.— the Director of the Office of National Drug weeks and finished the regular season Amounts provided under this section may be Control Policy shall ensure that such cam- winning five straight. Indeed, riding used— paign addresses the reduction and prevention the arms of Al Leiter and Mike Hamp- of abuse of 3,4-methylenedioxy methamphet- ‘‘(A) to carry out school-based programs ton, and the bats of Benny Agbayani that are focused on those districts with high amine or related drugs among young people or increasing rates of abuse and addiction to in the United States. and the venerable Mike Piazza, the 3,4-methylenedioxy methamphetamine or re- Mets are as strong as they have been in lated drugs and targeted at populations that f years and couldn’t be more ready for are most at risk to start abuse of 3,4- the Giants or whomever they may face methylenedioxy methamphetamine or re- THE VERY BAD DEBT BOXSCORE next. lated drugs; The Yankees, on the other hand, ‘‘(B) to carry out community-based preven- Mr. HELMS. Mr. President, at the have had a tough time of it lately. Los- tion programs that are focused on those pop- close of business yesterday, Tuesday, ing their last 15 of 18 games, one might ulations within the community that are October 3, 2000, the Federal debt stood say they did not so much race into the most at-risk for abuse of and addiction to at $5,653,358,623,363.58, five trillion, six 3,4-methylenedioxy methamphetamine or re- playoffs as limp. But this team is no- lated drugs; hundred fifty-three billion, three hun- where near down, nor anywhere near ‘‘(C) to assist local government entities to dred fifty-eight million, six hundred out. No franchise in the history of the conduct appropriate prevention activities re- twenty-three thousand, three hundred game has had such achievement. To re- lating to 3,4-methylenedioxy methamphet- sixty-three dollars and fifty-eight gain their championship form, they amine or related drugs; cents. will rely on veteran and newcomer ‘‘(D) to train and educate State and local Five years ago, October 3, 1995, the alike. Stalwarts such as Bernie Wil- law enforcement officials, prevention and Federal debt stood at $4,975,626,000,000, liams, Derek Jeter, and Scott Brosius education officials, health professionals, four trillion, nine hundred seventy-five members of community antidrug coalitions have proven a winning combination and parents on the signs of abuse of and ad- billion, six hundred twenty-six million. along with a seasoned pitching staff in- diction to 3,4-methylenedioxy methamphet- Ten years ago, October 3, 1990, the cluding Andy Pettitte, Mariano Rivera amine or related drugs, and the options for Federal debt stood at $3,254,159,000,000, and ‘‘The Rocket’’ Roger Clemens. Add treatment and prevention; three trillion, two hundred fifty-four to this already formidable lineup ‘‘(E) for planning, administration, and edu- billion, one hundred fifty-nine million. Glenallen Hill, Jose Canseco, and David cational activities related to the prevention Fifteen years ago, October 3, 1985, the Justice and the Yankees ought not be of abuse of and addiction to 3,4- Federal debt stood at $1,823,105,000,000, counted out as they seek to claim their methylenedioxy methamphetamine or re- one trillion, eight hundred twenty- lated drugs; 26th World Championship ‘‘(F) for the monitoring and evaluation of three billion, one hundred five million. With this in mind, I along with my prevention activities relating to 3,4- Twenty-five years ago, October 3, fellow New Yorkers, and Mets and methylenedioxy methamphetamine or re- 1975, the Federal debt stood at Yankees fans everywhere, wait not so lated drugs, and reporting and disseminating $547,355,000,000, five hundred forty- patiently, cheer not so quietly, know- resulting information to the public; and seven billion, three hundred fifty-five ing that we may again have our subway ‘‘(G) for targeted pilot programs with eval- million, which reflects a debt increase series. Good luck Mets and Yankees!∑ uation components to encourage innovation of more than $5 trillion— f and experimentation with new methodolo- $5,106,003,623,363.58, five trillion, one gies. HONORING KELO-LAND TV ‘‘(2) PRIORITY.—The Administrator shall hundred six billion, three million, six give priority in making grants under this hundred twenty-three thousand, three ∑ Mr. JOHNSON. Mr. President, it is subsection to rural and urban areas that are hundred sixty-three dollars and fifty- with great honor that I rise today to experiencing a high rate or rapid increases in eight cents during the past 25 years. congratulate KELO-LAND TV of Sioux

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 20798 CONGRESSIONAL RECORD—SENATE October 4, 2000 Falls, South Dakota for receiving the tion’s public policy in health by deal- bara E. Chick, M.D., past councilor, chan- prestigious national Emmy award for ing with problems head-on and working cellor and vice president of the ACR, ‘‘His it’s Tradition of Caring’’ public service to find solutions. Dr. Templeton has availability to meet with anyone, at any time, to help problem-solve was a great asset announcement. been an asset to all of us in Congress to the field of radiology when the ‘‘turf’’ bat- The Emmy awards nobly serve as a and is deserving of the ACR Gold Medal tles were so common.’’ Chick adds, ‘‘I believe gateway to focusing the public’s atten- which recognizes his marvelous his keen insight has been beneficial to many tion on cultural, educational, and tech- achievements. practices in their marketing and reimburse- nological advances in the television in- In addition, I have included the re- ment activities.’’ dustry. Specifically, the purpose of the marks made in the ACR Bulletin about Templeton has a unique knowledge of award for the Public Service An- Dr. Templeton and why he has been radiologic practice and economic matters. awarded the Gold Medal. He has been appointed to the boards of HMO nouncement—Campaign category is to and PPO organizations as a result of the recognize special achievements of the EMMETT O. TEMPLETON, M.D. model hospital and imaging center practices television media establishment based At 53, Emmett ‘‘Neal’’ Templeton, M.D., is he has demonstrated in his own practice. One on their unmatched ability to achieve one of the youngest recipients of the ACR of the highlights of his career was his stew- excellence and originality. Within this Gold Medal. A unique and talented radiolo- ardship of diagnostic imaging centers as an category, the outstanding achieve- gist, Dr. Templeton is perhaps best known alternative to private office or hospital prac- ments KELO-TV made in it’s ‘‘Tradi- for his outstanding contributions and dedi- tice. He was an early expert in this concept cated service to the college. Never one to tion of Caring’’ public service an- during a time when the recognition of radi- toot his own horn, Dr. Templeton’s unassum- ologists as ‘‘physicians’’ was not unequivo- nouncement led them to be chosen as ing manner, excellent intermediary talents cal. first among four national finalists at and astute guidance have earned him the Currently chair of the department of radi- the presentation of the Emmy awards widespread respect of his peers. He has ology at Montclair Baptist Medical Center, in New York City. played a significant role in the advancement Birmingham, Ala., Templeton earned his The ‘‘Tradition of Caring’’ public and success of the ACR and has been an in- medical degree from the University of Ala- service announcement culminates spiration to many of his colleagues in the bama in 1973 and completed his internship southeast. and residency at the University of Alabama’s three outstanding years of active com- An ACR Fellow, Dr. Templeton became ac- hospitals and clinics. Even after achieving munity involvement by all of KELO- tively involved with the ACR fewer than 15 the highest positions in the ACR, he con- LAND TV’s employees on behalf of years ago, yet has served on more than 20 tinues to serve the college and radiology ‘‘in over twenty charitable organizations. commissions and committees and partici- the trenches.’’ The purpose of their public service pated for several years on many of them. The Michael A. Sullivan, M.D., associate chair- campaign was to facilitate employee wide range of committees he has assisted is man of the department of diagnostic radi- and community involvement in local a reflection of his avid interest in all aspects ology at Ochsner Clinic in New Orleans, sums up Templeton’s character nicely: ‘‘Neal causes. To effectively implement their of radiology, including accurate coding, practice matters and relationships with clin- is a wonderful individual who is forthright, campaign, employees were divided into ics and hospitals. honest and hard-working. He exemplifies the teams based on similar interests with ‘‘Neal is an unusually bright and char- term ‘involved radiologist.’ ’’∑ each team focusing on a particular or- ismatic individual, which is immediately f ganization within the community. evident to those he meets. It is the reason he Their personal approach to public serv- has so frequently been chosen for leader- HONORING HARCUM COLLEGE’S ice has not only won them an Emmy, ship,’’ says Milton Gallant, M.D., director of 85th ANNIVERSARY but it has significantly helped organi- radiology at The General Hospital Center at ∑ Mr. SANTORUM. Mr. President, I zations throughout South Dakota gain Passaic in New Jersey. ‘‘Leadership opportu- rise today to recognize the 85th anni- nities, coupled with unusual statesmanship positive exposure and financial assist- and hard work, have resulted in his endeav- versary of Harcum College. The ance. ors being uniformly successful.’’ Harcum Post Graduate School was KELO-LAND TV richly deserves this Dr. Templeton has selflessly shared his opened by Edith Hatcher, a talented distinguished award. It is an honor for time and counsel in ACR leadership roles, be- concert pianist, and her husband me to share with my colleagues KELO- ginning as vice chair for the Commission on Octavius Marvin Harcum. Together TV’s exemplary leadership and strong Radiologic Practice, The Commission on Ec- they chose a venture that would com- commitment to both the development onomics, the Committee on State and Eco- bine her ‘‘talents as an educator and nomic Legislation of the Commission on Ec- and enhancement of South Dakota’s onomics, the Committee on Coding and No- artist and his business vision and abil- local communities through public serv- menclature and the Commission on Govern- ity.’’ Harcum College opened its doors ice. I strongly commend their advance- ment Relations have all benefitted from his on October 1, 1915 in Melville Hall, with ments in the television industry, and I direction as chair. From 1992 to 1994, he three students and five pianos. am very pleased that their substantial served as vice chair of the Board of In its early years, Harcum was a pre- efforts have found such extraordinary Chancellors. The following two years he paratory school, giving students the success.∑ served as chairman of the board while also skills needed to attend college. Mr. serving as chairman of the Commission on f Harcum was the first President, but Government Relations. In 1996 he was elected when he died tragically in a car acci- ACR president. TRIBUTE TO DR. EMMETT O. dent in 1920, Edith assumed the Presi- TEMPLETON Bibb Allen Jr., M.D., one of Templeton’s partners at Birmingham Radiological Group, dency. She remained in that position ∑ Mr. SHELBY. Mr. President, I rise saw firsthand the sacrifices Templeton will- for more than 30 years. The college today to honor Dr. Emmett O. ingly made during his tenure on the Board of continued to grow, yet it was a propri- Templeton of Birmingham, Alabama Chancellors. ‘‘Neal spent the vast majority etary institution and faced financial who recently received the American of his personal time away from the hospital difficulties. In 1952 it could no longer College of Radiology’s (ACR) Gold conducting the business of the college,’’ be run as a profitable enterprise; Edith Medal. Dr. Templeton currently chairs Allen says. ‘‘All radiologists have benefitted from Neal’s leadership and skill.’’ declared bankruptcy. the department of radiology at Dr. Templeton is also a member of the Ra- The Junto Adult School was a non- Montclair Baptist Medical Center in diology Residency Review Committee, the profit educational corporation founded Birmingham and continues to faith- AMA Practice Expense Advisory Committee, by Benjamin Franklin. It purchased fully serve the community. AMA–CPT Editorial Panel, the Government the assets of Harcum and decided to Dr. Templeton is an extraordinary Relations Oversight Committee and the use it as a two-year college for women. individual who, as Chairman of the Practice Expense Advisory Committee panel. Philip Klein assumed leadership, and in board of Chancellors of the American His effective management style has made 1955, Pennsylvania granted Harcum him an accomplished mediator. He is well College of Radiology, made a lasting known for his concern and support for tech- permission to be the first junior col- impression on Members of Congress by nologists, office managers and office staff, lege in the Commonwealth’s history to his straight-talking style. He served recognizing the importance of their role in confer the Associate of Arts and his specialty, radiology, and the na- the practice of radiology. According to Bar- Science degrees.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20799 Throughout the years, tremendous common interpersonal skills and en- international and operational law, his expansion of facilities has occurred yet ergy that he has demonstrated in his 12 unsurpassed academic credentials, and Harcum remains committed to its years as a principal. his desire to serve the Fleet wherever original philosophies. Harcum College Our Nation’s future depends on to- required. In such diverse assignments embraces a value system based on four day’s educators. Currently, 40 percent as Commander Middle East Force on- principles: a respect for and apprecia- of America’s 4th graders read below the board USS LaSalle (AGF–3) and USS tion of diversity; the ability to make basic level on national reading tests. Coronado (AGF–11), Commander Ice- sound ethical and moral choices; the On international tests, the nation’s land Defense Force, and Commander need to take responsibility for self and 12th graders rank last in Advanced Sixth Fleet, serving onboard USS others; and a commitment to lifelong Physics compared with students in 18 Belknap (CG–26) and USS Iowa (BB–61), learning. All members of the Harcum other countries. And one-third of all Captain Baggett’s legal acumen and community are committed to the suc- incoming college freshmen must enroll diplomatic skill repeatedly helped safe- cess of one another. in a remedial reading, writing, or guard America’s Interests and project Harcum College has always placed mathematics class before taking reg- America’s presence in these often com- learning first and is committed to pro- ular courses. This country is in need of plex areas of the world. Interspersed viding individualized educational expe- more devoted and talented educators. I were tours in Navy’s Office of Legisla- riences for a diverse community of commend Mr. Schleich for his hard tive Affairs, the International Law Di- learners. Harcum educated students in work and dedication to our children. vision of the Office of the Judge Advo- the arts and occupational skills, and in He is educating those who will lead cate General, and the University of Mrs. Harcum’s words, the college re- this country in creating, developing, Miami where he earned a Masters of spected each student as an ‘‘individual and putting to work new ideas and Law degree in Ocean and Coastal Law. with personal needs, interests, apti- technology.∑ With his vast experience with for- tudes, and aspirations.’’ f ward-deployed, operational forces, Cap- I commend Harcum College for its tain Baggett was able to quickly con- accomplishments and commitment to TRIBUTE TO CAPTAIN JOSEPH E. tribute to a number of vital, National- education. Harcum has faced many BAGGETT level issues in subsequent Washington challenges over the years, and I con- ∑ Mr. HUTCHINSON. Mr. President, I staff assignments, including tours on gratulate the institution as it remains rise today to recognize and honor Cap- the Joint Staff’s Strategic Plans and an outstanding educational facility.∑ tain Joseph E. Baggett, Judge Advo- Policy Directorate, as Deputy Assist- f cate Generals’ Corps, United States ant Judge Advocate General for Inter- Navy, upon his retirement after twen- national Law, and as the Defense De- 2000 NATIONAL DISTINGUISHED ty-nine years of devoted, active duty partment Representative for Ocean PRINCIPALS AWARD service in our great nation’s Navy. Policy, where he was pivotal in devel- ∑ Mr. MURKOWSKI. Mr. President, I Captain Baggett was born into a oping United States policy on a variety would like to take a moment to con- military family. The son of a career en- of issues, including issues involving the gratulate an exceptional elementary listed Marine, Captain Baggett grew up newly formed Russian Federation. school principal, Mr. Karl Schleich of in the presence of the United States With this comprehensive top-level, Wasilla, Alaska. He is the 2000 recipi- Navy in such diverse locations as Naval international legal perspective, Cap- ent of the National Distinguished Prin- Air Station Pensacola, Marine Corps tain Baggett was the obvious choice to cipals Award for Alaska. Base, Camp Lejeune, and the United become the Counsel for National Secu- The National Distinguished Prin- Kingdom. Raised with the values of rity to the Deputy Attorney General of cipals Program (NDP) was established Honor, Courage, and Commitment, and the United States. in 1984 as an annual event to honor ele- with a family tradition of service, it Returning to the Fleet as the Senior mentary and middle school principals only made sense that he too would pur- Staff Judge Advocate for the Com- who set the pace, character, and qual- sue a military career. mander in Chief, U.S. Atlantic Fleet, ity of the education children receive Captain Baggett graduated Phi Beta Captain Baggett was a major influence during their early school years. The Kappa from Tulane University in May in high-level decisionmaking related to program is jointly sponsored by the 1971, and entered the Navy through all aspects of Fleet operations, includ- U.S. Department of Education and the Tulane’s Naval Reserve Officer Train- ing environmental coordination and National Association of Elementary ing Corps. At that time Captain enforcement, rules of engagement, School Principals (NAESP). It calls at- Baggett raised his hand and took his medical law, military justice, and the tention to the fundamental importance oath to support and defend the Con- legal aspects of shore activity manage- of the school principal in achieving stitution. In the years since that day ment. Captain Baggett’s subsequent educational excellence for pre-kinder- he has devoted indeed all of his great tour as the Commanding Officer of the garten through eighth grade students. energy, talent, and intellect to that Navy’s flagship Naval Legal Service Of- Mr. Schleich’s reputation for getting task. He has been steadfast in his cov- fice, in Norfolk, Virginia, dem- things done was established in south- enant to this nation and his devotion onstrated once again his exceptional east Alaska when, in his first position to those with whom he has served. An leadership skills. Here he mentored the as an educational leader, he oversaw illustrious career gives eloquent testi- young men and women of the Navy’s the creation of a grade 6–8 middle mony to his service to our country and legal community about the operational school in a former grade 7–12 building to our Navy’s legal community. imperatives of the Navy, and con- and then founded a regional associa- After two tours as a Supply Corps of- stantly stressed the paramount need to tion to support others making similar ficer, including service onboard USS serve the Fleet. transitions. As an assistant principal, Rich (DD–820), he entered the Navy’s Captain Baggett’s wealth of expertise he helped model a middle school pro- Law Education Program and com- of Navy won him the assignment as Di- gram that received statewide and na- menced the study of law at Tulane Uni- rector of the Legislation Division in tional attention. In his role as prin- versity. After earning his Juris Doctor the Navy’s Office of Legislative Affairs. cipal at Snowshoe Elementary School, degree in 1977, his first tour of duty as In this capacity his consistent sound he has boosted school improvement ef- a Navy Judge Advocate was at Naval judgment and flawless tact ensured forts, developed and trained staff in Legal Service Office, Jacksonville, Navy issues were properly conveyed to schoolwide assessments of writing, Florida where he served as a formi- Senate Committees and Subcommit- reading comprehension, and early lit- dable military prosecutor tirelessly tees. eracy skills, as well as portfolios of pursuing justice on behalf of the Navy. Standing beside this officer through- children’s work. Karl Schleich is com- Captain Baggett’s subsequent tours out his career has been his wife Su- mended by his colleagues for his un- demonstrate his exceptional talent for zanne, a lady to whom he owes much.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 20800 CONGRESSIONAL RECORD—SENATE October 4, 2000 She has been his key supporter, devot- body can count and president for 10 humanitarian relief operations in the ing her life to her husband, to their years. He also served on the board of Philippines and in Northern Iraq. He two sons, Merritt and Graham, and to directors of the American Sugar Beet commanded U.S. military forces in So- the men and women of the Navy fam- Association in Washington, D.C. and malia and also commanded the task ily. She has traveled by his side for devoted many hours away from the force responsible for safeguarding the these many years. Her sacrifice and de- farming operation and family. withdrawal of U.N. peacekeeping forces votion have served as an example and He is survived by his wife, Peg of from Somalia in 1995. inspiration for others. Custer, Montana, a daughter, Belva; 2 In August 1997, General Zinni, recog- With these words before the Senate, I sons, Rick and Cody. nized as one of the most operationally seek to recognize Captain Baggett for By paying our respect to Ed Kuntz, competent, most experienced and most his unswerving loyalty to the Navy and we acknowledge the unsung leaders versatile military leaders in uniform, the Nation. The Department of the across this land who silently build a was selected by the President to be the Navy and the American people have nation every day. He was just one that Commander in Chief of United States been served well by this dedicated has been described as being a part of Central Command. Following a unani- naval officer. He will be missed. He has the greatest generation.∑ mous confirmation vote by this cham- left the Navy better prepared to face f ber, General Zinni spent the next three the challenges and opportunities of the years representing the United States TRIBUTE TO GENERAL ANTHONY 21st century. We thank him and wish and ensuring the security of U.S. inter- ZINNI, USMC (RET.) Joe, and his lovely wife Suzanne, fair ests in one of the most challenging winds and following seas as they con- ∑ Mr. WARNER. Mr. President, I rise areas of the world. tinue forward in what will most as- today to pay tribute to General An- As many of my colleagues are aware, suredly remain lives of service to this thony Zinni, United States Marine United States Central Command en- Great Nation.∑ Corps, on the occasion of his comple- compasses a region that includes 25 na- tion of a successful tour of duty as f tions, extending from Egypt and the Commander in Chief, United States Horn of Africa through the Arabian Pe- EDWIN J. KUNTZ Central Command, and his retirement ninsula and Gulf States, to the newly ∑ Mr. BURNS. Mr. President, I rise from active duty after 36 years of loyal independent central Asian nations and today to announce the passing of an service. I offer these remarks with Pakistan. While abundant in cultural, outstanding leader in the agriculture great respect for General Zinni, a true ethnic and religious diversity, these community of Montana. I first met Ed American patriot and a Marine’s Ma- same enriching features are also the Kuntz and his family in the 1960’s. He rine. source of deep-rooted, historic animos- and his family lived in the small com- General Zinni is a remarkable indi- ities—animosities within the region munity of Custer, Montana. They vidual, a distinguished combat soldier, and toward the United States. Guided farmed small grain, sugar beets and fed and an inspiring, uncompromising lead- by his imperative to genuinely under- cattle. It was a typical diversified er. During his 36 year military career, stand the unique perspective of a soci- farming operation found on the many General Zinni’s intellect, candor, and ety and his desire to work with the irrigation projects along the Yellow- unshakeable optimism have had a pro- people of the region, General Zinni stone River. found, positive influence on the U.S. earned the respect and administration Ed was a little different. He was not Armed Forces from the Quang Nam of the area’s national leaders. There is only of the land but was of the people province of Vietnam to the sheikdoms no question that he was the right man who lived on the land and called it of the Middle East, and a hundred in the right place at the right time. home. Just another average American points in between. A life long adven- While we acknowledge the long list of of the silent Americans who served this ture that began in a small Pennsyl- General Zinni’s accolades, we recognize country when asked and served his vania town on the banks of the that the challenges of military life are community when no one else would. Schuykill River has taken him around most successfully accomplished as a Average? Not at all. Nothing could be the world and to the top echelons of team effort. General Zinni’s wife, further from the truth. military leadership. Debbie, and their children Lisa, Tony, His service to his community and A first generation American, General and Maria have shared the challenges neighbors did not stop at the county Zinni began his service to the nation in and rewards of General Zinni’s military line. He was an excellent farmer and 1961. His father, Antonio Zinni, who life. The journey which brought Gen- stockman. His love and respect for the immigrated from Italy and fought for eral Zinni to Central Command, the sugar industry took him to national his adopted country in the trenches of hallmark of his distinguished military leadership where he was one of their France in World War I, and his mother, career, would not have been possible most respected leaders. With the de- Lilla, instilled in General Zinni an un- without the unconditional and loving mands on the farm and dedication to a conditional devotion to the principles support of his family. family, he still found time to work for of American freedom and liberty and a On behalf of a grateful nation, I con- the sugar beet industry not only for profound respect for military service. gratulate you and your family for your himself but his neighbors. I know first On his first day of classes at Villanova service to the Nation, the Armed hand the impact he had on this town of University, with the lessons of his par- Forces and to the Marine Corps. Sem- Washington as he represented the ents in mind, General Zinni joined the per Fi! General, as a former Maine, I many sugar growers across the coun- Marine Corps. From the Augustinians salute you on the floor of the U.S. Sen- try. and the Marine Corps Drill Instructors, ate.∑ He was born May 3, 1926 in Billings, General Zinni developed an intellectual f Montana. He was educated and grad- prowess and professional military acu- uated from Custer High School in 1944 men that would distinguish him as a IDAHO’S OLYMPIC CHAMPIONS and enlisted in the Army Air Corps and ‘‘cut above’’ throughout his career. ∑ Mr. CRAIG. Mr. President, I rise trained as a gunner on a B–17. While on Beginning with two combat tours in today to congratulate two Idaho ath- furlough, he married his high school Vietnam, General Zinni embarked on a letes who have made America proud in sweetheart, Peg Qusest. This December series of assignments that reflect the the 2000 Olympic Games. they would have been celebrating being myriad missions to which the military Stacy Dragila from Pocatello, Idaho married 56 years. has been deployed in the latter part of soared to the top of her sport, bringing Ed became a director on the Moun- the 20th Century—combat operations, home the gold medal. She pole vaulted tain States Beet Growers Association humanitarian operations, peacekeeping fifteen feet, one inch in Sydney, Aus- and served 35 years on that board. He and peace enforcement. Following tralia on September 25th. Stacy de- was treasurer for more years than any- Vietnam, General Zinni participated in serves recognition because she is more

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20801 than an athlete. She gives back to her On behalf of myself and my col- bility of customized training, and for other sport by working as an assistant track leagues in the United States Senate, I purposes. coach at Idaho State University. offer heartfelt thanks to Lowell and to H.R. 4389. An act to direct the Secretary of Idahoan Charles Burton is another the Interior to convey certain water dis- the entire Guthrie family for their con- tribution facilities to the Northern Colorado Idaho Olympian. He finished his round tinuing commitment to Western Ken- Water Conservancy District. of wrestling competition on October tucky University, their community H.R. 4503. An act to provide for the preser- first, coming in at fifth place. Charles and to the education of America’s vation and restoration of historic buildings wrestled at Centennial High School in youth.∑ at historically women’s public colleges or universities. Boise and Boise State University. He f has been called the ‘‘U.S. Olympic H.R. 4721. An act to provide for all right, Wrestling Team’s most hidden gem,’’ MESSAGES FROM THE HOUSE title, and interest in and to certain property and I’m proud he represented our gem At 1:09 p.m. a message from the in Washington County, Utah, to be vested in the United States. state in Sydney. House of Representatives, delivered by H.R. 5139. An act to provide for the convey- The hard work and determination of Mr. Hays, one of its reading clerks, an- ance of certain real property at the Carl Vin- Idaho’s Olympic Athletes is an inspira- nounced that the House has passed the son Department of Veterans Affairs Medical tion to us all. They have demonstrated following bills, without amendment: Center, Dublin, Georgia. the best of our State and our Nation, S. 366. An act to amend the National Trails H.R. 5178. An act to require changes in the and I am proud to congratulate both System Act to designate El Camino Real de bloodborne pathogens standard in effect Stacy and Charles for their personal Tierra Adentro as a National Historic Trail. under the Occupational Safety and Health S. 1198. An act to establish a 3-year pilot Act of 1970. achievement and the honor in which H.R. 5266. An act for the relief of Saeed each represented Idaho and the United project for the General Accounting Office to report to Congress on economically signifi- Rezai. States of America.∑ H.R. 5331. An act to authorize the Fred- cant rules of Federal agencies, and for other erick Douglass Gardens, Inc., to establish a f purposes. memorial and gardens on Department of the TRIBUTE TO LOWELL GUTHRIE S. 2045. An act to amend the Immigration and Nationality Act with respect to H–1B Interior lands in the District of Columbia or ∑ Mr. MCCONNELL. Mr. President, I nonimmigrant aliens. its environs in honor and commemoration of rise today to pay tribute to my good S. 2272. An act to improve the administra- Frederick Douglass. friend Lowell Guthrie for his commit- tion, efficiency, and effectiveness of the Na- The message further announced that ment to higher education, and his gen- tion’s abuse and neglect courts and for other the House has agreed to the following erosity to the students at Western Ken- purposes consistent with the Adoption and concurrent resolutions, in which it re- tucky University in Bowling Green, Safe Families Act of 1997. quests the concurrence of the Senate: Kentucky. The message also announced that the H. Con. Res. 64. Concurrent resolution rec- I have had the privilege of knowing House has passed the following bills, in ognizing the severity of the issue of cervical Lowell for many years and have wit- which it requests the concurrence of health, and for other purposes. nessed his compassion for others on nu- the Senate: H. Con. Res. 133. Concurrent resolution rec- merous occasions. Lowell has a kind H.R. 238. An act to improve the prevention ognizing the severity of the disease of colon heart and a giving spirit, and he con- and punishment of criminal smuggling, cancer, the preventable nature of the dis- ease, and the need for education in the areas stantly thinks of ways to improve the transporting, and harboring of aliens, and other purposes. of prevention and early detection, and for quality of life for others. Lowell has other purposes. built a successful business in Bowling H.R. 284. An act to amend title 38, United States Code, to require employers to give H. Con. Res. 390. Concurrent resolution ex- Green and is an active member of the employees who are members of a reserve pressing the sense of the Congress regarding Bowling Green community. He is a component a leave of absence for participa- Taiwan’s participation in the United Nations leader in education, providing opportu- tion in an honor guard for a funeral of a vet- and other international organizations. nities for his employees and for others eran. The message also announced that the whom he does not know by funding H.R. 534. An act to amend chapter 1 of title House has agreed to the amendment of scholarships to Western Kentucky Uni- 9, United States Code to provide for a greater the Senate to the bill (H.R. 707) to versity. He has consistently been a fairness in the arbitration process relating amend the Robert T. Stafford Disaster contributor to WKU and has now to motor vehicle franchise controls. Relief and Emergency Assistance Act H.R. 848. An act for the relief of Sepandan stepped up as a leader in Western’s In- Farnia and Farbod Farnia. to authorize a program for predisaster vesting in the Spirit capital campaign H.R. 2820. An act to provide for the owner- mitigation, to streamline the adminis- with a $1.8 million gift to provide stu- ship and operation of the irrigation works on tration of disaster relief, to control the dent scholarships and to construct a the Salt River Pima-Maricopa Indian Com- federal costs of disaster assistance, and clock and bell tower on the WKU cam- munity’s reservation in Maricopa County, for other purposes, with an amendment pus. Arizona, by the Salt River Pima-Maricopa to the Senate amendment. The clock and bell tower will stand Indian Community. The message further announced that in ‘‘The Guthrie Plaza’’ in memory of H.R. 3184. An act for the relief of Zohreh the House has disagreed to the amend- Farhang Ghahfarokhi. Lowell’s brother, Sgt. 1st Class Robert H.R. 3414. An act for the relief of Luis A. ment of the Senate to the bill (H.R. Guthrie, an American soldier who died Leon-Molina, Ligia Padron, Juan Leon 4942) making appropriations for the in the Korean War, and it will honor all Padron, Rendy Leon Padron, Manuel Leon government of the District of Columbia those associated with WKU who have Padron, and Luis Leon Padron. and other activities chargeable in lost their lives in service to their coun- H.R. 3484. An act to amend title 18, United whole or in part against the revenues try. The courtyard area of The Guthrie States Code, to provide that certain sexual of said District for the fiscal year end- Plaza will be constructed in honor of crimes against children are predicate crimes ing September 30, 2001, and for other Lowell’s wife, Judith Carolyn Guthrie. for the interception of communications, and for other purposes. purposes, and agree to the conference The tower and courtyard will en- H.R. 3850. An act to amend the Commu- asked by the Senate on the disagreeing hance the appearance of WKU’s campus nications Act of 1934 to promote deployment votes of the two Houses thereon. That but more importantly it will serve as a of advanced services and foster the develop- Mr. ISTOOK, Mr. CUNNINGHAM, Mr. reminder to thousands of students and ment of competition for the benefit of con- TIAHRT, Mr. ADERHOLT, Mrs. EMERSON, alumni of those who sacrificed their sumers in all regions of the nation by reliev- Mr. SUNUNU, Mr. YOUNG of Florida, Mr. ing unnecessary burdens on the Nation’s two lives so that we may have freedom. MORAN of Virginia, Mr. DIXON, Mr. percent local exchange telecommunications Lowell’s generosity and his commit- MOLLOHAN, and Mr. OBEY, be the man- ment to education will ensure that carriers, and for other purposes. H.R. 4022. An act regarding the sale and agers of the conference on the part of hundreds of students from all back- transfer of Moskit anti-ship missiles by the the House. grounds will receive a quality edu- Russian Federation. cation and the opportunity to succeed H.R. 4216. An act to amend the Workforce At 3:18 p.m., a message from the in whatever field of study they choose. Investment Act of 1998 to expand the flexi- House of Representatives, delivered by

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 20802 CONGRESSIONAL RECORD—SENATE October 4, 2000 Ms. Niland, one of its reading clerks, suant to law, the report entitled ‘‘District’s the report of a rule entitled ‘‘Amendment of announced that the House has passed Privatization Initiatives Flawed by Non- Section 73 .202(b), Table of Allotments, FM the following bill, in which it requests compliance and Poor Management’’; to the Broadcast Stations (Jacksonville, GA, Las the concurrence of the Senate: Committee on Governmental Affairs. Vegas, NM, Vale, OR, Waynesboro, GA, EC–10980. A communication from the Act- Fallon, NV, Weiser, OR)’’ (MM Docket Nos. H.R. 4828. An act to designate the Steens ing Director of the Office of Government 00–84, RM–9855; 00–85, RM–9868; 00–86, RM– Mountain Wilderness Area and the Steens Ethics, transmitting, pursuant to law, a re- 9869; 00–89, RM–9872; 00–111 , RM–9900; 00–112, Mountain Cooperative Management and Pro- port relative to the strategic plan for fiscal RM–9901) received on October 2, 2000; to the tection Area in Harney County, Oregon, and years 2001–2006; to the Committee on Govern- Committee on Commerce, Science, and for other purposes. mental Affairs. Transportation. The message also announced that the EC–10981. A communication from the Exec- EC–10989. A communication from the Asso- House disagrees to the amendment of utive Director of the Advisory Council on ciate Bureau Chief, Wireless Telecommuni- the Senate to the bill (H.R. 820) to au- Historic Preservation, transmitting, pursu- cations Bureau, Federal Communications Commission, transmitting, pursuant to law, thorize appropriations for fiscal years ant to law, a report relative to commercial activities inventory; to the Committee on the report of a rule entitled ‘‘Fourth Memo- 2000 and 2001 for the Coast Guard, and randum Opinion and Order in CC Docket 94– Governmental Affairs. for other purposes, and agrees to the 102 Regarding Enhanced 911 Emergency Call- EC–10982. A communication from the Spe- conference asked by the Senate on the ing Systems’’ (FCC 00–326, CC Doc. 94–102) re- cial Assistant to the Bureau Chief, Mass ceived on October 2, 2000; to the Committee disagreeing votes of the two Houses Media Bureau, Federal Communications thereon. That Mr. SHUSTER, Mr. YOUNG on Commerce, Science, and Transportation. Commission, transmitting, pursuant to law, EC–10990. A communication from the Chief, of Alaska, Mr. GILCHREST, Mr. the report of a rule entitled ‘‘Amendment of Office of Plans and Policy, Federal Commu- DEFAZIO, and Mr. BAIRD, be the man- Section 73 .202(b), Table of Allotments, FM nications Commission, transmitting, pursu- agers of the conference on the part of Broadcast Stations (Andalusia, Alabama and ant to law, the report of a rule entitled the House. Holt, Florida)’’ (MM Docket No. 00–17;RM– ‘‘Compatibility Between Cable Systems and The messages further announced that 9814) received on October 2, 2000; to the Com- Consumer Electronics Equipment’’ (PP Doc. the House disagrees to the amendment mittee on Commerce, Science, and Transpor- 0067, FCC 00–342) received on October 2, 2000; of the Senate to the bill (H.R. 4392) to tation. to the Committee on Commerce, Science, EC–10983. A communication from the Spe- authorize appropriations for fiscal year and Transportation. cial Assistant to the Bureau Chief, Mass EC–10991. A communication from the Chief, 2001 for intelligence and intelligence- Media Bureau, Federal Communications Policy and Rules Division, Office of Engi- related activities of the United States Commission, transmitting, pursuant to law, neering and Technology, Federal Commu- Government, the community Manage- the report of a rule entitled ‘‘Amendment of nications Commission, transmitting, pursu- ment Account, and the Central Intel- Section 73 .202(b), Table of Allotments, FM ant to law, the report of a rule entitled ligence Agency Retirement and Dis- Broadcast Stations, Bristol, Vermont’’ (MM ‘‘Amendment of Part 15 of the Commission’s ability System, and for other purposes, Docket No. 99–260, RM–9686) received on Oc- Rules Regarding Spread Spectrum Devices’’ and agrees to the conference asked by tober 2, 2000; to the Committee on Com- (ET Docket No. 99–231, FCC 00–312) received merce, Science, and Transportation. on October 2, 2000; to the Committee on Com- the Senate on the disagreeing votes of EC–10984. A communication from the Spe- merce, Science, and Transportation. the two Houses thereon. That the fol- cial Assistant to the Bureau Chief, Mass EC–10992. A communication from the Asso- lowing Members be the managers of the Media Bureau, Federal Communications ciate Bureau Chief, Wireless Telecommuni- conference on the part of the House: Commission, transmitting, pursuant to law, cations Bureau, Federal Communications From the Permanent Select Com- the report of a rule entitled ‘‘Amendment of Commission, transmitting, pursuant to law, mittee on Intelligence, for consider- Section 73 .202(b), Table of Allotments, FM the report of a rule entitled ‘‘Replacement of ation of the House bill and the Senate Broadcast Stations (Rangely, Silverton and Part 90 by Part 88 to Revise the Private Land amendment, and modifications com- Ridgway, Colorado)’’ (MM Docket No. 99–151) Mobile Radio Services and Modify the Poli- received on October 2, 2000; to the Committee cies Governing Them and Examination of mitted to conference: Mr. GOSS, Mr. on Commerce, Science, and Transportation. Exclusivity and Frequency Assignments LEWIS of California, Mr. MCCOLLUM, EC–10985. A communication from the Spe- Policies of the Private Land Mobile Radio Mr. CASTLE, Mr. BOEHLERT, Mr. BASS, cial Assistant to the Bureau Chief, Mass Services, Third Memorandum Opinion and Mr. GIBBONS, Mr. LAHOOD, Mrs. WIL- Media Bureau, Federal Communications Order’’ (FCC 99–138, PR Docket No. 92–235) re- SON, Mr. DIXON, Ms. PELOSI, Mr. Commission, transmitting, pursuant to law, ceived on September 28, 2000; to the Com- BISHOP, Mr. SISISKY, Mr. CONDIT, Mr. the report of a rule entitled ‘‘Amendment of mittee on Commerce, Science, and Transpor- tation. ROEMER, and Mr. HASTINGS of Florida. Section 73 .202(b), Table of Allotments, FM Broadcast Stations Rocksprings, Texas’’ EC–10993. A communication from the Pro- ENROLLED BILLS SIGNED gram Analyst, Federal Aviation Administra- At 5:32 p.m. a message from the (MM Docket No. 99–336) received on October 2, 2000; to the Committee on Commerce, tion, Department of Transportation, trans- House of Representatives, delivered by Science, and Transportation. mitting, pursuant to law , the report of a Mr. Hays, one of its reading clerks, an- EC–10986. A communication from the Spe- rule entitled ‘‘Air Tour Operations in the nounced that the Speaker has signed cial Assistant to the Bureau Chief, Mass State of Hawaii ; docket no. 27919; SFAR 71 the following enrolled bills: Media Bureau, Federal Communications [9–29/9–28]’’ (RIN2120–AG44) (2000–0001) re- Commission, transmitting, pursuant to law, ceived on September 28, 2000; to the Com- S. 302. An act for the relief of Kerantha mittee on Commerce, Science, and Transpor- the report of a rule entitled ‘‘Amendment of Poole-Christian. tation. Section 73 .202(b), Table of Allotments, FM H.R. 4365. An act to amend the Public EC–10994. A communication from the As- Health Service Act with respect to children’s Broadcast Stations (Sheffield, Pennsylvania; sistant Bureau Chief, Management, Inter- health. Erie, Illinois; and Due West, South Caro- national Bureau Telecommunications Divi- f lina)’’ (MM Docket No. 00–60; 00–61; and 00–62) sion, Federal Communications Commission, received on October 2, 2000; to the Committee transmitting, pursuant to law, the report of EXECUTIVE AND OTHER on Commerce, Science, and Transportation. a rule entitled ‘‘Order on Reconsideration in COMMUNICATIONS EC–10987. A communication from the Spe- the Matter of Rules and Policies on Foreign The following communications were cial Assistant to the Bureau Chief, Mass Participation in the U.S. Telecommuni- Media Bureau, Federal Communications laid before the Senate, together with cations Market’’ (IB Docket No. 97–142, FCC Commission, transmitting, pursuant to law, 00–339) received on September 28, 2000; to the accompanying papers, reports, and doc- the report of a rule entitled ‘‘Amendment of uments, which were referred as indi- Committee on Commerce, Science, and Section 73 .202(b), Table of Allotments, FM Transportation. cated: Broadcast Stations (Pitkin, Lake Charles, EC–10995. A communication from the Ad- EC–10978. A communication from the Dis- Moss Bluff and Reeves, LA, and Crystal ministrator of the National Aeronautics and trict of Columbia Auditor, transmitting, pur- Beach, Galveston, Missouri City and Rosen- Space Administration, transmitting, pursu- suant to law, the report entitled ‘‘Manage- berg, TX)’’ (MM Docket No. 9926) received on ant to law, a report entitled ‘‘NASA 2000 ment and Accounting Deficiencies in the October 2, 2000; to the Committee on Com- Strategic Plan’’; to the Committee on Com- District’s Excess and Surplus Property Pro- merce, Science, and Transportation. merce, Science, and Transportation. gram’’; to the Committee on Governmental EC–¥10988. A communication from the EC–10996. A communication from the Sec- Affairs. Special Assistant to the Bureau Chief, Mass retary of Defense, transmitting, a notice rel- EC–10979. A communication from the Dis- Media Bureau, Federal Communications ative to three retirements; to the Committee trict of Columbia Auditor, transmitting, pur- Commission, transmitting, pursuant to law, on Armed Services.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20803 EC–10997. A communication from the Chief mitting, pursuant to law, a report relative to ment Policy’’ received on October 3, 2000; to of the Programs and Legislation Division, emergency funds; to the Committee on the Committee on Environment and Public Office of the Legislative Liaison, Depart- Health, Education, Labor, and Pensions. Works. ment of the Air Force, transmitting, pursu- EC–11008. A communication from the Sec- EC–11018. A communication from the Di- ant to law, a report relative to a cost com- retary of Labor, transmitting, pursuant to rector of the Office of Congressional Affairs, parison of Multiple Support Functions at law, a report relative to the strategic plan Office of the General Counsel, Nuclear Regu- Randolph Air Force Base, Texas; to the Com- for fiscal years 1999–2004; to the Committee latory Agency, transmitting, pursuant to mittee on Armed Services. on Health, Education, Labor, and Pensions. law, the report of a rule entitled ‘‘Adjust- EC–10998. A communication from the EC–11009. A communication from the Rail- ment of Civil Penalties for Inflation/Mis- Chairman of the Federal Energy Regulatory road Retirement Board, transmitting, pursu- cellaneous Administrative Changes’’ Commission, transmitting, pursuant to law, ant to law, a report relative to the strategic (RIN3150–AG59) received on October 3, 2000; a report relative to the strategic plan for plan for 2000–2005; to the Committee on to the Committee on Environment and Pub- 2000–2005; to the Committee on Energy and Health, Education, Labor, and Pensions. lic Works. EC–11019. A communication from the Act- Natural Resources. EC–11010. A communication from the Di- ing Inspector General, Department of De- EC–10999. A communication from the Asso- rector of Regulations Policy and Manage- fense, transmitting, pursuant to law, the fis- ciate Administrator, Agricultural Marketing ment Staff, Department of Health and Service, Department of Agriculture, trans- cal year 1999 DOD Superfund Financial Human Services, transmitting, pursuant to Transactions; to the Committee on Environ- mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Adminis- entitled ‘‘Raisin Produced From Grapes ment and Public Works. trative Practices and Procedures; Good Guid- EC–11020. A communication from the Ad- Grown in California; Decreased Assessment ance Practices’’ (Docket No. 99N–4783) re- ministrator of the Environmental Protection Rate’’ (Docket Number: FV00–989–5 IFR) re- ceived on October 3, 2000; to the Committee Agency, transmitting, pursuant to law, a re- ceived on September 28, 2000; to the Com- on Health, Education, Labor, and Pensions. port entitled ‘‘National Air Toxics Program: mittee on Agriculture, Nutrition, and For- EC–11011. A communication from the Di- The Integrated Urban Strategy’’; to the estry. rector of Regulations Policy and Manage- Committee on Environment and Public EC–11000. A communication from the Asso- ment Staff, Department of Health and Works. ciate Administrator, Agricultural Marketing Human Services, transmitting, pursuant to EC–11021. A communication from the As- Service, Department of Agriculture, trans- law, the report of a rule entitled ‘‘Gastro- sistant Secretary of the Army (Civil Works), mitting, pursuant to law, the report of a rule enterology and Urology Devices; Effective transmitting, pursuant to law, a report rel- entitled ‘‘Increase in Fees and Charges for Date of Requirement for Premarket Ap- ative to the South Sacramento County Egg, Poultry, and Rabbit Grading’’ (RIN0581– proval of the Implanted Mechanical/Hydrau- Streams, California; to the Committee on AB89) received on September 28, 2000; to the lic Urinary Continence Device’’ (Docket No. Environment and Public Works. Committee on Agriculture, Nutrition, and 94N–0380) received on October 3, 2000; to the EC–11022. A communication from the Sec- Forestry. Committee on Health, Education, Labor, and retary and the Deputy Secretary of the De- EC–11001. A communication from the Regu- Pensions. partment of Housing and Urban Develop- latory Policy Officer, Bureau of Alcohol, To- EC–11012. A communication for the Sec- ment, transmitting jointly, pursuant to law, bacco and Firearms, Department of the retary of Health and Human Services, trans- a report relative to the fiscal year 2000–2006 Treasury, transmitting, pursuant to law, the mitting, pursuant to law, a report relative to strategic plan; to the Committee on Bank- report of a rule entitled ‘‘Implementation of the fiscal year 1996 Low Income Home En- ing, Housing, and Urban Affairs. Public Law 105–33, Section 9302, Relating to ergy Assistance Program (LIHEAP); to the EC–11023. A communication from the Di- rector of the Office of Management and the Imposition of Permit Requirements on Committee on Health, Education, Labor, and Budget, Executive Office of the President, the Manufacture of Roll-Your-Own Tobacco Pensions. transmitting, pursuant to law, a report rel- (98R–370P)’’ (RIN1512–AB92) received on Octo- EC–11013. A communication from the Sec- ative to the strategic plan for fiscal year ber 2, 2000; to the Committee on Finance. retary of Health and Human Services, trans- EC–11002. A communication from the 2001–2005; to the Committee on Govern- mitting, pursuant to law, a report relative to Chairman of the International Trade Com- mental Affairs. the fiscal year 2001–2006 strategic plan; to the mission, transmitting, pursuant to law, a re- EC–11024. A communication from the Committee on Health, Education, Labor , port on the Andean Trade Preference Act Chairman of the National Labor Relations and Pensions. (ATPA); to the Committee on Finance. Board, transmitting, pursuant to law, a re- EC–11003. A communication from the As- EC–11014. A communication from the Dep- port relative to the commercial activities in- sistant to the Board of Governors of the Fed- uty Associate Administrator of the Environ- ventory; to the Committee on Governmental eral Reserve System, transmitting, pursuant mental Protection Agency, transmitting, Affairs. to law, the report of a rule entitled ‘‘Regula- pursuant to law, the report of a rule entitled EC–11025. A communication from the Exec- tion Z (Truth-in-Lending)’’ (R–1070) received ‘‘Approval and Promulgation of Air Quality utive Director of the Committee For Pur- on September 29, 2000; to the Committee on Implementation Plans; Virginia; Revised 15% chase From People Who Are Blind Or Se- Banking, Housing, and Urban Affairs. Plan for Northern Virginia Portion of the verely Disabled, transmitting, pursuant to EC–11004. A communication from the As- Metropolitan Washington, D.C. Ozone Non- law, the report of additions to the procure- sistant General Counsel for Regulations, Of- attainment Area’’ (FRL #6880–8) received on ment list received on October 3, 2000; to the fice of the Secretary, Department of Housing October 3, 2000; to the Committee on Envi- Committee on Governmental Affairs. EC–11026. A communication from the Chief, and Urban Development, transmitting, pur- ronment and Public Works. Regulations Unit, Internal Revenue Service, suant to law, the report of a rule entitled EC–11015. A communication from the Dep- Department of the Treasury, transmitting, ‘‘Fair Market Rents: Increased Fair Market uty Associate Administrator of the Environ- pursuant to law, the report of a rule entitled Rents and Higher Payment Standards for mental Protection Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Update of Rev. Proc. 78–37’’ (Rev. Proc. Certain Areas’’ (RIN2501–AC75) (FR–4606–I–01) 2000–41) received on October 3, 2000; to the received on October 2, 2000; to the Committee ‘‘Identification of Approval and Disapproved Elements of the Great Lakes Guidance Sub- Committee on Finance. on Banking, Housing, and Urban Affairs. EC–11027. A communication from the Chief, EC–11005. A communication from the Exec- mission From the State of New York, and Final Rule’’ (FRL #6881–9) received on Octo- Regulations Unit, Internal Revenue Service, utive Director of the Emergency Oil and Gas Department of the Treasury, transmitting, ber 3, 2000; to the Committee on Environ- Guaranteed Loan Board, transmitting, pur- pursuant to law, the report of a rule entitled ment and Public Works. suant to law, the report of a rule entitled ‘‘Automatic approval of changes in funding EC–11016. A communication from the Dep- ‘‘Emergency Oil and Gas Guaranteed Loan methods’’ (Revenue Procedure 2000–40) re- uty Associate Administrator of the Environ- Board; Financial Statements’’ (RIN3003– ceived on October 3, 2000; to the Committee ZA00) received on October 2, 2000; to the mental Protection Agency, transmitting, on Finance. Committee on Banking, Housing, and Urban pursuant to law, the report of a rule entitled EC–11028. A communication from the Ad- Affairs. ‘‘Approval and Promulgation of State ministrator of the Risk Management Agen- EC–11006. A communication from the Exec- Plans—North Carolina: Approval of Revi- cy, Department of Agriculture, transmitting, utive Director of the Emergency Steel Loan sions to North Carolina State Implementa- pursuant to law, the report of a rule entitled Guarantee Board, transmitting, pursuant to tion Plan; Technical Correction’’ (FRL ‘‘Common Crop Insurance Regulations; Rice law, the report of a rule entitled ‘‘Emer- #6881–1) received on October 3, 2000; to the Crop Insurance Provisions’’ received on Oc- gency Steel Loan Guarantee Program; Par- Committee on Environment and Public tober 3, 2000; to the Committee on Agri- ticipation in Unguaranteed Tranche’’ Works. culture, Nutrition, and Forestry. (RIN3003–ZA00) received on October 2, 2000; EC–11017. A communication from the Di- EC–11029. A communication from the Regu- to the Committee on Banking, Housing, and rector of the Office of Congressional Affairs, lations Officer, Social Security Administra- Urban Affairs. Office of Enforcement, Nuclear Regulatory tion, transmitting, pursuant to law, the re- EC–11007. A communication from the Sec- Commission , transmitting, pursuant to law, port of a rule entitled ‘‘Extension of Expira- retary of Health and Human Services, trans- the report of a rule entitled ‘‘NRC Enforce- tion Date for the Respiratory Body System

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 20804 CONGRESSIONAL RECORD—SENATE October 4, 2000 Listings’’ (RIN0960–AF42) received on Octo- S. 1109: A bill to conserve global bear popu- tion of the United States as interpreted by ber 3, 2000; to the Committee on Finance. lations by prohibiting the importation, ex- the United States. EC–11030. A communication from the Di- portation, and interstate trade of bear rector of the Policy Directives and Instruc- viscera and items, products, or substances Treaty Doc. 106–25 Investment Treaty With tions Branch, Immigration and Naturaliza- containing, or labeled or advertised as con- Bahrain (Exec. Rept. No. 106–23). tion Service, Department of Justice, trans- taining, bear viscera, and for other purposes TEXT OF COMMITTEE RECOMMENDED mitting, pursuant to law, the report of a rule (Rept. No. 106–484). RESOLUTION OF ADVICE AND CONSENT: entitled ‘‘Landing requirements for pas- By Mr. SMITH, of New Hampshire, from Resolved, (two thirds of the Senators present sengers arriving from Cuba’’ (RIN1115–AF72) the Committee on Environment and Public concurring therein), That the Senate advise (INS. No. 2045–00) received on October 3, 2000; Works, with an amendment in the nature of and consent to the ratification of the Treaty to the Committee on the Judiciary. a substitute: Between the Government of the United EC–11031. A communication from the Gen- S. 2417: A bill to amend the Federal Water States of America and the Government of eral Counsel of the Federal Energy Regu- Pollution Control Act to increase funding for the State of Bahrain Concerning the Encour- latory Commission, transmitting, pursuant State nonpoint source pollution control pro- agement and Reciprocal Protection of In- to law, the report of a rule entitled ‘‘Elec- grams, and for other purposes (Rept. No. 106– vestment, with Annex, signed at Washington tronic Filing of Documents’’ received on Oc- 485). on September 29, 1999 (Treaty Doc. 106–25), tober 3, 2000; to the Committee on Energy By Mr. MURKOWSKI, from the Committee subject to the declaration of subsection (a) and Natural Resources. on Energy and Natural Resources, with an and the proviso of subsection (b). EC–11032. A communication from the Sec- amendment in the nature of a substitute: (a) DECLARATION.—The Senate’s advise and retary of Energy, transmitting, pursuant to S. 1697: A bill to authorize the Secretary of consent is subject to the following declara- law, a report relative to voluntary commit- the Interior to refund certain collections re- tion, which shall be binding upon the Presi- ments to accelerate the introduction of al- ceived pursuant to the Reclamation Reform dent: ternative fuel vehicles (AFVs); to the Com- Act of 1982 (Rept. No. 106–486). TREATY INTERPRETATION.—The Senate af- mittee on Energy and Natural Resources. S. 1756: A bill to enhance the ability of the firms the applicability to all treaties of the EC–11033. A communication from the Dep- National Laboratories to meet Department constitutionally based principles of treaty uty Assistant Secretary of Defense (Equal of Energy missions and for other purposes interpretation set forth in Condition (1) of Opportunity), transmitting, pursuant to law, (Rept. No. 106–487). the resolution of ratification of the INF the report of a rule entitled ‘‘Nondiscrimina- S. 2163: A bill to provide for a study of the Treaty, approved by the Senate on May 27, tion on the Basis of Sex in Education Pro- engineering feasibility of a water exchange 1988, and Condition (8) of the resolution of grams or Activities Receiving Federal Fi- in lieu of electrification of the Chandler ratification of the Document Agreed Among nancial Assistance’’ (RIN1190–AA28) received Pumping Plant at Prosser Diversion Dam, the States Parties to the Treaty on Conven- on October 3, 2000; to the Committee on Washington (Rept. No. 106–488). tional Armed Forces in Europe, approved by Armed Services. S. 2882: A bill to authorize Bureau of Rec- the Senate on May 14, 1997. (b) PROVISO.—The resolution of ratification EC–11034. A communication from the As- lamation to conduct certain feasibility stud- is subject to the following proviso, which sistant Secretary of Legislative Affairs, De- ies to augment water supplies for the Klam- shall not be included in the instrument of partment of State, transmitting, pursuant to ath Project, Oregon and California, and for ratification to be signed by the President: law, the report of the transmittal of the cer- other purposes (Rept. No. 106–489). SUPREMACY OF THE CONSTITUTION.—Nothing tification of the proposed issuance of an ex- f in this Treaty requires or authorizes legisla- port license relative to the United Kingdom; tion or other action by the United States of to the Committee on Foreign Relations. EXECUTIVE REPORTS OF COMMITTEES America that is prohibited by the Constitu- EC–11035. A communication from the As- tion of the United States as interpreted by sistant Secretary of Legislative Affairs, De- The following executive reports of the United States. partment of State, transmitting, pursuant to committees were submitted: law, the report of the texts of international By Mr. HELMS for the Committee on For- Treaty Doc. 106–26 Investment Treaty With agreements, other than treaties, and back- Bolivia (Exec. Rept. No. 106–23). ground statements; to the Committee on eign Relations. Treaty Doc. 106–47 Investment Treaty With TEXT OF COMMITTEE RECOMMENDED Foreign Relations. RESOLUTION OF ADVICE AND CONSENT: EC–11036. A communication from the Di- Azerbaijan (Exec. Rept. No. 106–23). Resolved, (two thirds of the Senators present rector of the Office of Equal Opportunity TEXT OF COMMITTEE RECOMMENDED concurring therein), That the Senate advise Programs, Agency for International Develop- RESOLUTION OF ADVICE AND CONSENT and consent to the ratification of the Treaty ment, transmitting, pursuant to law, the re- Resolved, (two thirds of the Senators present Between the Government of the United port of a rule entitled ‘‘Nondiscrimination concurring therein), That the Senate advise States of America and the Government of on the Basis of Sex in Education Programs and consent to the ratification of the Treaty the Republic of Bolivia Concerning the En- or Activities Receiving Federal Financial Between the Government of the United couragement and Reciprocal Protection of Assistance’’ (RIN0412–AA45) received on Oc- States of America and the Government of Investment, with Annex and Protocol, signed tober 3, 2000; to the Committee on Foreign the Republic of Lithuania for the Encourage- at Santiago, Chile, on April 17, 1998 (Treaty Relations. ment and Reciprocal Protection of Invest- Doc. 106–26), subject to the declaration of f ment, with Annex and Protocol, signed at subsection (a) and the proviso of subsection Washington on January 14, 1998 (Treaty Doc. (b). PETITIONS AND MEMORIALS 106–42), subject to the declaration of sub- (a) DECLARATION.—The Senate’s advice and The following petitions and memo- section (a) and the proviso of subsection (a). consent is subject to the following declara- (a) DECLARATION.—The Senate’s advice and tion, which shall be binding upon the Presi- rials were laid before the Senate and consent is subject to the following declara- were referred or ordered to lie on the dent: tion, which shall be binding upon the Presi- TREATY INTERPRETATION.—The Senate af- table as indicated: dent: firms the applicability to all treaties of the POM–626. A resolution adopted by the City TREATY INTERPRETATION.—The Senate af- constitutionally based principles of treaty Commission of Ft. Lauderdale, Florida rel- firms the applicability to all treaties of the interpretation set forth in Condition (1) of ative to the Comprehensive Everglades Res- constitutionally based principles of treaty the resolution of ratification of the INF toration Plan; to the Committee on Environ- interpretation set forth in Condition (1) of Treaty, approved by the Senate on May 27, ment and Public Works. the resolution of ratification of the INF 1988, and Condition (8) of the resolution of Treaty, approved by the Senate on May 27, f ratification of the Document Agreed Among 1988, and Condition (8) of the resolution of the States Parties to the Treaty on Conven- REPORTS OF COMMITTEES ratification of the Document Agreed Among tional Armed Forces in Europe, approved by the States Parties to the Treaty on Conven- The following reports of committees the Senate on May 14, 1997. tional Armed Forces in Europe, approved by (b) PROVISO.—The resolution of ratification were submitted: the Senate on May 14, 1997. is subject to the following provisos, which By Mr. STEVENS, from the Committee on (b) PROVISO.—The resolution of ratification shall not be included in the instrument of Appropriations: Special Report entitled is subject to the following proviso, which ratification to be signed by the President: ‘‘Further Revised Allocation to Subcommit- shall not be included in the instrument of SUPREMACY OF THE CONSTITUTION.—Nothing tees of Budget Totals for Fiscal Year 2001’’ ratification: in this Treaty requires or authorizes legisla- (Rept. No. 106–483). SUPREMACY OF THE CONSTITUTION.—Nothing tion or other action by the United States of By Mr. SMITH, of New Hampshire, from in this Treaty requires or authorizes legisla- America that is prohibited by the Constitu- the Committee on Environment and Public tion or other action by the United States of tion of the United States as interpreted by Works, without amendment: America that is prohibited by the Constitu- the United States.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20805 Treaty Doc. 106–29 Investment Treaty With tion of the United States as interpreted by tion or other action by the United States of Croatia (Exec. Rept No. 106–23). the United States. America that is prohibited by the Constitu- TEXT OF COMMITTEE RECOMMENDED tion of the United States as interpreted by RESOLUTION OF ADVICE AND CONSENT: Treaty Doc. 106–27 Investment Treaty With the United States. Honduras (Exec. Rept. No. 106–23). Resolved, (two thirds of the Senators present TEXT OF COMMITTEE RECOMMENDED Treaty Doc. 106–42 Investment Treaty With concurring therein), That the Senate advise Lithuania (Exec. Rept. No. 106–23). and consent to the ratification of the Treaty RESOLUTION OF ADVICE AND CONSENT Between the Government of the United Resolved, (two thirds of the Senators present TEXT OF COMMITTEE RECOMMENDED States of America and the Government of concurring therein), That the Senate advise RESOLUTION OF ADVICE AND CONSENT: the Republic of Croatia Concerning the En- and consent to the ratification of the Treaty Resolved, (two thirds of the Senators present couragement and Reciprocal Protection of Between the Government of the United concurring therein), That the Senate advise Investment, with Annex and Protocol, signed States of America and the Government of and consent to the ratification of the Treaty at Zagreb on July 13, 1996 (Treaty Doc. 106– the Republic of Honduras Concerning the En- Between the Government of the United 29), subject to the declaration of subsection couragement and Reciprocal Protection of States of America and the Government of (a) and the proviso of subsection (b). Investment, with Annex and Protocol, signed the Republic of Lithuania for the Encourage- (a) DECLARATION.—The Senate’s advice and at Denver on July 1, 1995 (Treaty Doc. 106– ment and Reciprocal Protection of Invest- consent is subject to the following declara- 27), subject to the declaration of subsection ment, with Annex and Protocol, signed at tion, which shall be binding upon the Presi- (a) and the proviso of subsection (b). Washington on January 14, 1998 (Treaty Doc. dent: (a) DECLARATION.—The Senate’s advice and 106–42), subject to the declaration of sub- TREATY INTERPRETATION.—The Senate af- consent is subject to the following declara- section (a) and the proviso of subsection (b). firms the applicability to all treaties of the tion, which shall be binding upon the Presi- (a) DECLARATION.—The Senate’s advice and constitutionally based principles of treaty dent: consent is subject to the following declara- interpretation set forth in Condition (1) of TREATY INTERPRETATION.—The Senate af- tion, which shall be binding upon the Presi- the resolution of ratification of the INF firms the applicability to all treaties of the dent: Treaty, approved by the Senate on May 27, constitutionally based principles of treaty TREATY INTERPRETATION.—The Senate af- 1988, and Condition (8) of the resolution of interpretation set forth in Condition (1) of firms the applicability to all treaties of the ratification of the Document Agreed Among the resolution of ratification of the INF constitutionally based principles of treaty the States Parties to the Treaty on Conven- Treaty, approved by the Senate on May 27, interpretation set forth in Condition (1) of tional Armed Forces in Europe, approved by 1988, and Condition (8) of the resolution of the resolution of ratification of the INF the Senate on May 14, 1997. ratification of the Document Agreed Among Treaty, approved by the Senate on May 27, (b) PROVISO.—The resolution of ratification the States Parties to the Treaty on Conven- 1988, and Condition (8) of the resolution of is subject to the following proviso, which tional Armed Forces in Europe, approved by ratification of the Document Agreed Among shall not be included in the instrument of the Senate on May 14, 1997. the States Parties to the Treaty on Conven- ratification to be signed by the President: (b) PROVISO.—The resolution of ratification tional Armed Forces in Europe, approved by is subject to the following proviso, which the Senate on May 14, 1997. SUPREMACY OF THE CONSTITUTION.—Nothing in this Treaty requires or authorizes legisla- shall not be included in the instrument of (b) PROVISO.—The resolution of ratification tion or other action by the United States of ratification to be signed by the President: is subject to the following proviso, which America that is prohibited by the Constitu- SUPREMACY OF THE CONSTITUTION.—Nothing shall not be included in the instrument of tion of the United States as interpreted by in this Treaty requires or authorizes legisla- ratification: the United States. tion or other action by the United States of SUPREMACY OF THE CONSTITUTION.—Nothing America that is prohibited by the Constitu- in this Treaty requires or authorizes legisla- tion of the United States as interpreted by tion or other action by the United States of Treaty Doc. 106–28 Investment Treaty With the United States. America that is prohibited by the Constitu- El Salvador (Exec. Rept. No. 106–23). tion of the United States as interpreted by TEXT OF COMMITTEE RECOMMENDED Treaty Doc. 106–30 Investment Treaty With the United States. RESOLUTION OF ADVICE AND CONSENT Jordan (Exec. Rept No. 106–23). Resolved, (two thirds of the Senators present TEXT OF COMMITTEE RECOMMENDED Treaty Doc. 106–31 Investment Treaty With concurring therein), That the Senate advise RESOLUTION OF ADVICE AND CONSENT: Mozambique (Exec. Rept. No. 106–23). and consent to the ratification of the Treaty Resolved, (two thirds of the Senators present TEXT OF COMMITTEE RECOMMENDED Between the Government of the United concurring therein), That the Senate advise RESOLUTION OF ADVICE AND CONSENT: States of America and the Government of and consent to the ratification of the Treaty Resolved, (two thirds of the Senators present the Republic of El Salvador Concerning the Between the Government of the United concurring therein), That the Senate advise Encouragement and Reciprocal Protection of States of America and the Government of and consent to the ratification of the Treaty Investment, with Annex and Protocol, signed the Hashemite Kingdom of Jordan Con- Between the Government of the United at San Salvador on March 10, 1999 (Treaty cerning the Encouragement and Reciprocal States of America and the Government of Doc. 106–28), subject to the declaration of Protection of Investment, with Annex and Mozambique Concerning the Encouragement subsection (a) and the proviso of subsection Protocol, signed at Amman on July 2, 1997 and Reciprocal Protection of Investment, (b). (Treaty Doc. 106–30), subject to the declara- with Annex and Protocol, and a related ex- (a) DECLARATION.—The Senate’s advice and tion of subsection (a) and the proviso of sub- change of letters, signed at Washington on consent is subject to the following declara- section (b). December 1, 1998 (Treaty Doc. 106–31), subject tion, which shall be binding upon the Presi- (a) DECLARATION.—The Senate’s advice and to the declaration of subsection (a) and the dent: consent is subject to the following declara- proviso of subsection (b). TREATY INTERPRETATION.—The Senate af- tion, which shall be binding upon the Presi- (a) DECLARATION.—The Senate’s advice and firms the applicability to all treaties of the dent: consent is subject to the following declara- constitutionally based principles of treaty TREATY INTERPRETATION.—The Senate af- tion, which shall be binding upon the Presi- interpretation set forth in Condition (1) of firms the applicability to all treaties of the dent: the resolution of ratification of the INF constitutionally based principles of treaty TREATY INTERPRETATION.—The Senate af- Treaty, approved by the Senate on May 27, interpretation set forth in Condition (1) of firms the applicability to all treaties of the 1988, and Condition (8) of the resolution of the resolution of ratification of the INF constitutionally based principles of treaty ratification of the Document Agreed Among Treaty, approved by the Senate on May 27, interpretation set forth in Condition (1) of the States Parties to the Treaty on Conven- 1988, and Condition (8) of the resolution of the resolution of ratification of the INF tional Armed Forces in Europe, approved by ratification of the Document Agreed Among Treaty, approved by the Senate on May 27, the Senate on May 14, 1997. the States Parties to the Treaty on Conven- 1988, and Condition (8) of the resolution of (b) PROVISO.—The resolution of ratification tional Armed Forces in Europe, approved by ratification of the Document Agreed Among is subject to the following proviso, which the Senate on May 14, 1997. the States Parties to the Treaty on Conven- shall not be included in the instrument of (b) PROVISO.—The resolution of ratification tional Armed Forces in Europe, approved by ratification to be signed by the President: is subject to the following proviso, which the Senate on May 14, 1997. SUPREMACY OF THE CONSTITUTION.—Nothing shall not be included in the instrument of (b) PROVISO.—The resolution of ratification in this Treaty requires or authorizes legisla- ratification to be signed by the President. is subject to the following proviso, which tion or other action by the United States of SUPREMACY OF THE CONSTITUTION.—Nothing shall not be included in the instrument of America that is prohibited by the Constitu- in this Treaty requires or authorizes legisla- ratification to be signed by the President:

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SUPREMACY OF THE CONSTITUTION.—Nothing PROHIBITION ON ASSISTANCE TO THE INTER- templated in the Statute adopted in Rome, in this Treaty requires or authorizes legisla- NATIONAL CRIMINAL COURT.—The United Italy, on July 17, 1998, unless the Statute es- tion or other action by the United States of States shall exercise its rights to limit the tablishing that Court has entered into force America that is prohibited by the Constitu- use of assistance it provides under the Trea- for the United States by and with the advice tion of the United States as interpreted by ty so that any assistance provided by the and consent of the Senate, as required by Ar- the United States. Government of the United States shall not ticle II, section 2 of the United States Con- be transferred to or otherwise used to assist stitution. Treaty Doc. 106–46 Protocol Amending Bi- the International Criminal Court con- (b) DECLARATION.—The Senate’s advice and lateral Investment Treaty With Panama templated in the Statute adopted in Rome, consent is subject to the following declara- (Exec. Rept. No. 106–23). Italy, on July 17, 1998, unless the Statute es- tion, which shall be binding on the Presi- TEXT OF COMMITTEE RECOMMENDED tablishing that Court has entered into force dent: RESOLUTION OF ADVICE AND CONSENT: for the United States by and with the advice TREATY INTERPRETATION.—The Senate af- Resolved, (two thirds of the Senators present and consent of the Senate, as required by Ar- firms the applicability to all treaties of the concurring therein), That the Senate advise ticle II, section 2 of the United States Con- constitutionally based principles of treaty and consent to the ratification of the Pro- stitution. interpretation set forth in Condition (1) of tocol Between the Government of the United (b) DECLARATION.—The Senate’s advice and the resolution of ratification of the INF States of America and the Government of consent is subject to the following declara- Treaty, approved by the Senate on May 27, the Republic of Panama Amending the Trea- tion, which shall be binding on the Presi- 1988, and Condition (8) of the resolution of ty Concerning the Treatment and Protection dent: ratification of the Document Agreed Among of Investments of October 27, 1982, signed at TREATY INTERPRETATION.—The Senate af- the States Parties to the Treaty on Conven- Panama City on June 1, 2000, (Treaty Doc. firms the applicability to all treaties of the tional Armed Forces in Europe, approved by 106–46). constitutionally based principles of treaty the Senate on May 14, 1997. interpretation set forth in Condition (1) of (c) PROVISOS.—The resolution of ratifica- Treaty Doc. 104-25 Investment Treaty With the resolution of ratification of the INF tion is subject to the following provisos, Uzbekistan (Exec. Rept. No. 106–23). Treaty, approved by the Senate on May 27, which shall not be included in the instru- TEXT OF COMMITTEE RECOMMENDED 1988, and Condition (8) of the resolution of ment of ratification to be signed by the RESOLUTION OF ADVICE AND CONSENT. ratification of the Document Agreed Among President: Resolved, (two thirds of the Senators present the States Parties to the Treaty on Conven- (1) LIMITATION ON ASSISTANCE.—Pursuant concurring therein), That the Senate advise tional Armed Forces in Europe, approved by to the rights of the United States under this and consent to the ratification of the Treaty the Senate on May 14, 1997. Treaty to deny requests which prejudice its (c) PROVISOS.—The resolution of ratifica- Between the Government of the United essential public policy or interests, the tion is subject to the following provisos, States of America and the Government of United States shall deny a request for assist- which shall not be included in the instru- the Republic of Uzbekistan Concerning the ance when the Central Authority, after con- ment of ratification to be signed by the Encouragement and Reciprocal Protection of sultation with all appropriate intelligence, President: Investment, with Annex, signed at Wash- anti-narcotic, and foreign policy agencies, (1) LIMITATION ON ASSISTANCE.—Pursuant ington on December 16, 1994 (Treaty Doc. 104– has specific information that a senior gov- to the rights of the United States under the 25), subject to the declaration of subsection ernment official who will have access to in- Treaty to deny requests which prejudice its (a) and the proviso of subsection (b). formation to be provided under this Treaty essential public policy or interests, the (a) DECLARATION.—The Senate’s advice and is engaged in a felony, including the facilita- consent is subject to the following declara- United States shall deny a request for assist- tion of the production or distribution of ille- tion, which shall be binding upon the Presi- ance when the Central Authority, after con- gal drugs. sultation with all appropriate intelligence, dent: (2) SUPREMACY OF THE CONSTITUTION.— TREATY INTERPRETATION.—The Senate af- anti-narcotic, and foreign policy agencies, Nothing in this Treaty requires or authorizes firms the applicability to all treaties of the has specific information that a senior gov- legislation or other action by the United constitutionally based principles of treaty ernment official who will have access to in- States of America that is prohibited by the interpretation set forth in Condition (1) of formation to be provided under this Treaty Constitution of the United States as inter- the resolution of ratification of the INF is engaged in a felony, including the facilita- preted by the United States. Treaty, approved by the Senate on May 27, tion of the production or distribution of ille- gal drugs. 1988, and Condition (8) of the resolution of Treaty Doc. 106–17 Treaty With France on ratification of the Document Agreed Among (2) SUPREMACY OF THE CONSTITUTION.— Nothing in this Treaty requires or authorizes Mutual Legal Assistance in Criminal Mat- the States Parties to the Treaty on Conven- ters (Exec. Rept. 106–24). tional Armed Forces in Europe, approved by legislation or other action by the United TEXT OF COMMITTEE RECOMMENDED the Senate on May 14, 1997. States of America that is prohibited by the ESOLUTION OF DVICE AND ONSENT (b) PROVISO.—The resolution of ratification Constitution of the United States as inter- R A C : is subject to the following proviso, which preted by the United States. Resolved, (two thirds of the Senators present shall not be included in the instrument of concurring therein), That the Senate advise ratification to be signed by the President: Treaty Doc. 106–19 Treaty With Egypt on and consent to the ratification of the Treaty SUPREMACY OF THE CONSTITUTION.—Nothing Mutual Legal Assistance in Criminal Mat- Between the Government of the United in this Treaty requires or authorizes legisla- ters (Exec. Rept. 106–24). States of America and the Government of tion or other action by the United States of TEXT OF COMMITTEE RECOMMENDED France on Mutual Legal Assistance in Crimi- America that is prohibited by the Constitu- RESOLUTION OF ADVICE AND CONSENT: nal Matters, with an Explanatory Note, tion of the United States as interpreted by Resolved, (two thirds of the Senators present signed at Paris on December 10, 1998 (Treaty the United States. concurring therein), That the Senate advise Doc. 106–17), subject to the understanding of and consent to the ratification of the Treaty subsection (a), the declaration of subsection Treaty Doc. 106–35 Treaty With Cyprus on Between the Government of the United (b) and the provisos of subsection (c). Mutual Legal Assistance in Criminal Mat- States of America and the Government of (a) UNDERSTANDING.—The Senate’s advice ters (Exec. Rept. 106–24). the Arab Republic of Egypt on Mutual Legal and consent is subject to the following un- TEXT OF COMMITTEE RECOMMENDED Assistance in Criminal Matters, signed at derstanding, which shall be included in the RESOLUTION OF ADVICE AND CONSENT: Cairo on May 3, 1998 (Treaty Doc. 106–19), instrument of ratification: Resolved, (two thirds of the Senators present subject to the understanding of subsection PROHIBITION ON ASSISTANCE TO THE INTER- concurring therein), That the Senate advise (a), the declaration of subsection (b) and the NATIONAL CRIMINAL COURT.—The United and consent to the ratification of the Treaty provisos of subsection (c). States shall exercise its rights to limit the Between the Government of the United (a) UNDERSTANDING.—The Senate’s advice use of assistance it provides under the Trea- States of America and the Government of and consent is subject to the following un- ty so that any assistance provided by the the Republic of Cyprus on Mutual Legal As- derstanding, which shall be included in the Government of the United States shall not sistance in Criminal Matters, signed at instrument of ratification. be transferred to or otherwise used to assist Nicosia on December 20, 1999 (Treaty Doc. PROHIBITION ON ASSISTANCE TO THE INTER- the International Criminal Court con- 106–35), subject to the understanding of sub- NATIONAL CRIMINAL COURT.—The United templated in the Statute adopted in Rome, section (a), the declaration of subsection (b) States shall exercise its rights to limit the Italy, on July 17, 1998, unless the Statute es- and the provisos of subsection (c). use of assistance it provides under the Trea- tablishing that Court has entered into force (a) UNDERSTANDING.—The Senate’s advice ty so that any assistance provided by the for the United States by and with the advice and consent is subject to the following un- Government of the United States shall not and consent of the Senate, as required by Ar- derstanding, which shall be included in the be transferred to or otherwise used to assist ticle II, section 2 of the United States Con- instrument of ratification: the International Criminal Court con- stitution.

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(b) DECLARATION.—The Senate’s advice and the resolution of ratification of the INF which shall not be included in the instru- consent is subject to the following declara- Treaty, approved by the Senate on May 27, ment of ratification to be signed by the tion, which shall be binding on the Presi- 1988, and Condition (8) of the resolution of President: dent: ratification of the Document Agreed Among (1) LIMITATION ON ASSISTANCE.—Pursuant TREATY INTERPRETATION.—The Senate af- the States Parties to the Treaty on Conven- to the rights of the United States under this firms the applicability to all treaties of the tional Armed Forces in Europe, approved by Treaty to deny requests which prejudice its constitutionally based principles of treaty the Senate on May 14, 1997. essential public policy or interests, the interpretation set forth in Condition (1) of (c) PROVISOS.—The resolution of ratifica- United States shall deny a request for assist- the resolution of ratification of the INF tion is subject to the following provisos, ance when the Central Authority, after con- Treaty, approved by the Senate on May 27, which shall not be included in the instru- sultation with all appropriate intelligence, 1988, and Condition (8) of the resolution of ment of ratification to be signed by the anti-narcotic, and foreign policy agencies, ratification of the Document Agreed Among President: has specific information that a senior gov- the States Parties to the Treaty on Conven- (1) LIMITATION ON ASSISTANCE.—Pursuant ernment official who will have access to in- tional Armed Forces in Europe, approved by to the rights of the United States under this formation to be provided under this Treaty the Senate on May 14, 1997. Treaty to deny requests which prejudice its is engaged in a felony, including the facilita- (c) PROVISOS.—The resolution of ratifica- essential public policy or interests, the tion of the production or distribution of ille- tion is subject to the following provisos, United States shall deny a request for assist- gal drugs. (2) SUPREMACY OF THE CONSTITUTION.— which shall not be included in the instru- ance when the Central Authority, after con- Nothing in this Treaty requires or authorizes ment of ratification to be signed by the sultation with all appropriate intelligence, legislation or other action by the United President: anti-narcotic, and foreign policy agencies, States of America that is prohibited by the (1) LIMITATION ON ASSISTANCE.—Pursuant has specific information that a senior gov- Constitution of the United States as inter- to the rights of the United States under this ernment official who will have access to in- preted by the United States. Treaty to deny requests which prejudice its formation to be provided under this Treaty essential public policy or interests, the is engaged in a felony, including the facilita- tion of the production or distribution of ille- Treaty Doc. 106–20 Treaty With Romania United States shall deny a request for assist- on Mutual Legal Assistance in Criminal Mat- ance when the Central Authority, after con- gal drugs. UPREMACY OF THE CONSTITUTION.— ters (Exec. Rept. 106–24). sultation with all appropriate intelligence, (2) S Nothing in this Treaty requires or authorizes TEXT OF COMMITTEE RECOMMENDED anti-narcotic, and foreign policy agencies, legislation or other action by the United RESOLUTION OF ADVICE AND CONSENT: has specific information that a senior gov- States of America that is prohibited by the Resolved, (two thirds of the Senators present ernment official who will have access to in- Constitution of the United States as inter- concurring therein), That the Senate advise formation to be provided under this Treaty preted by the United States. and consent to the ratification of the Treaty is engaged in a felony, including the facilita- Between the Government of the United tion of the production or distribution of ille- Treaty Doc. 102–26 Treaty With Nigeria on States of America and the Government of gal drugs. Mutual Legal Assistance in Criminal Mat- Romania on Mutual Legal Assistance in (2) SUPREMACY OF THE CONSTITUTION.— ters (Exec. Rept. 106–24). Criminal Matters, signed at Washington on Nothing in this Treaty requires or authorizes TEXT OF COMMITTEE RECOMMENDED May 26, 1999 (Treaty Doc. 106–20), subject to legislation or other action by the United RESOLUTION OF ADVICE AND CONSENT: the understanding of subsection (a), the dec- States of America that is prohibited by the laration of subsection (b) and the provisos of Constitution of the United States as inter- Resolved, (two thirds of the Senators present concurring therein), That the Senate advise subsection (c). preted by the United States. (a) UNDERSTANDING.—The Senate’s advice and consent to the ratification of the Treaty and consent is subject to the following un- Between the Government of the United Treaty Doc. 106–18 Treaty with the Hel- derstanding, which shall be included in the States of America and the Federal Republic lenic Republic on Mutual Legal Assistance in instrument of ratification: of Nigeria on Mutual Legal Assistance in Criminal Matters (Exec. Rept. 106–24). PROHIBITION ON ASSISTANCE TO THE INTER- Criminal Matters, signed at Washington on TEXT OF COMMITTEE RECOMMENDED NATIONAL CRIMINAL COURT.—The United September 13, 1989 (Treaty Doc. 102–26), sub- RESOLUTION OF ADVICE AND CONSENT: States shall exercise its rights to limit the ject to the understanding of subsection (a), use of assistance it provides under the Trea- Resolved, (two thirds of the Senators present the declaration of subsection (b) and the pro- concurring therein), That the Senate advise ty so that any assistance provided by the visos of subsection (c). Government of the United States shall not and consent to the ratification of the Treaty (a) UNDERSTANDING.—The Senate’s advice Between the Government of the United be transferred to or otherwise used to assist and consent is subject to the following un- the International Criminal Court con- States of America and the Government of derstanding, which shall be included in the the Hellenic Republic on Mutual Legal As- templated in the Statute adopted in Rome, instrument of ratification: Italy, on July 17, 1998, unless the Statute es- sistance in Criminal Matters, signed at PROHIBITION ON ASSISTANCE TO THE INTER- Washington on May 25, 1999 (Treaty Doc. 106– tablishing that Court has entered into force NATIONAL CRIMINAL COURT.—The United for the United States by and with the advice 18), subject to the understanding of sub- States shall exercise its rights to limit the section (a), the declaration of subsection (b) and consent of the Senate, as required by Ar- use of assistance it provides under the Trea- ticle II, section 2 of the United States Con- and the provisos of subsection (c). ty so that any assistance provided by the stitution. (a) UNDERSTANDING.—The Senate’s advice Government of the United States shall not (b) DECLARATION.—The Senate’s advice and and consent is subject to the following un- be transferred to or otherwise used to assist consent is subject to the following declara- derstanding, which shall be included in the the International Criminal Court con- tion, which shall be binding on the Presi- instrument of ratification: templated in the Statute adopted in Rome, dent: PROHIBITION ON ASSISTANCE TO THE INTER- Italy, on July 17, 1998, unless the Statute es- TREATY INTERPRETATION.—The Senate af- NATIONAL CRIMINAL COURT.—The United tablishing that Court has entered into force firms the applicability to all treaties of the States shall exercise its rights to limit the for the United States by and with the advice constitutionally based principles of treaty use of assistance it provides under the Trea- and consent of the Senate, as required by Ar- interpretation set forth in Condition (1) of ty so that any assistance provided by the ticle II, section 2 of the United States Con- the resolution of ratification of the INF Government of the United States shall not stitution. Treaty, approved by the Senate on May 27, be transferred to or otherwise used to assist (b) DECLARATION.—The Senate’s advice and 1988, and Condition (8) of the resolution of the International Criminal Court con- consent is subject to the following declara- ratification of the Document Agreed Among templated in the Statute adopted in Rome, tion, which shall be binding on the Presi- the States Parties to the Treaty on Conven- Italy, on July 17, 1998, unless the Statute es- dent: tional Armed Forces in Europe, approved by tablishing that Court has entered into force TREATY INTERPRETATION.—The Senate af- the Senate on May 14, 1997. for the United States by and with the advice firms the applicability to all treaties of the (c) PROVISOS.—The resolution of ratifica- and consent of the Senate, as required by Ar- constitutionally based principles of treaty tion is subject to the following provisos, ticle II, section 2 of the United States Con- interpretation set forth in Condition (1) of which shall not be included in the instru- stitution. the resolution of ratification of the INF ment of ratification to be signed by the (b) DECLARATION.—The Senate’s advice and Treaty, approved by the Senate on May 27, President: consent is subject to the following declara- 1988, and Condition (8) of the resolution of (1) LIMITATION ON ASSISTANCE.—Pursuant tion, which shall be binding on the Presi- ratification of the Document Agreed Among to the rights of the United States under this dent: the States Parties to the Treaty on Conven- Treaty to deny requests which prejudice its TREATY INTERPRETATION.—The Senate af- tional Armed Forces in Europe, approved by essential public policy or interests, the firms the applicability to all treaties of the the Senate on May 14, 1997. United States shall deny a request for assist- constitutionally based principles of treaty (c) PROVISOS.—The resolution of ratifica- ance when the Central Authority, after con- interpretation set forth in Condition (1) of tion is subject to the following provisos, sultation with all appropriate intelligence,

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anti-narcotic, and foreign policy agencies, legislation or other action by the United TEXT OF COMMITTEE RECOMMENDED has specific information that a senior gov- States of America that is prohibited by the RESOLUTION OF ADVICE AND CONSENT: ernment official who will have access to in- Constitution of the United States as inter- Resolved, (two thirds of the Senators present formation to be provided under this Treaty preted by the United States. concurring therein), That the Senate advise is engaged in a felony, including the facilita- and consent to the ratification of the Inter- tion of the production or distribution of ille- Treaty Doc. 106–16 Treaty With Ukraine on American Convention on Mutual Assistance gal drugs. Mutual Legal Assistance in Criminal Mat- in Criminal Matters (‘‘the Convention’’), (2) SUPREMACY OF THE CONSTITUTION.— ters (Exec. Rept. 106–24). adopted at the Twenty-Second Regular Ses- Nothing in this Treaty requires or authorizes TEXT OF COMMITTEE RECOMMENDED sion of the Organization of American States legislation or other action by the United RESOLUTION OF ADVICE AND CONSENT: (‘‘OAS’’) General Assembly meeting in Nas- States of America that is prohibited by the sau, The Bahamas, on May 23, 1992, and the Constitution of the United States as inter- Resolved, (two thirds of the Senators present Optional Protocol Related to the Inter- preted by the United States. concurring therein), That the Senate advise and consent to the ratification of the Treaty American Convention on Mutual Assistance Treaty Doc. 106–36 Treaty With South Afri- Between the Government of the United in Criminal Matters (‘‘the Optional Pro- ca on Mutual Legal Assistance in Criminal States of America and Ukraine on Mutual tocol’’), adopted at the Twenty-third Regular Matters (Exec. Rept. 106–24). Legal Assistance in Criminal Matters, signed Session of the OAS General Assembly meet- at Kiev on July 22, 1998 (Treaty Doc. 106–16), ing in Managua, Nicaragua, on June 11, 1993, TEXT OF COMMITTEE RECOMMENDED subject to the understanding of subsection both instruments signed on behalf of the RESOLUTION OF ADVICE AND CONSENT (a), the declaration of subsection (b) and the United States at OAS Headquarters in Wash- Resolved, (two thirds of the Senators present provisos of subsection (c). ington on January 10, 1995 (Treaty Doc. 105– concurring therein), That the Senate advise (a) UNDERSTANDING.—The Senate’s advice 25), subject to the understandings of sub- and consent to the ratification of the Treaty and consent is subject to the following un- section (a), the declaration of subsection (b) Between the Government of the United derstanding, which shall be included in the and the proviso of subsection (c). States of America and the Government of instrument of ratification. (a) UNDERSTANDINGS.—The Senate’s advice the Republic of South Africa on Mutual PROHIBITION ON ASSISTANCE TO THE INTER- and consent is subject to the following un- Legal Assistance in Criminal Matters, signed NATIONAL CRIMINAL COURT.—The United derstanding, which shall be included in the at Washington on September 16, 1999 (Treaty States shall exercise its rights to limit the instrument of ratification: Doc. 106–36), subject to the understanding of use of assistance it provides under the Trea- (1) IN GENERAL.—The United States under- subsection (a), the declaration of subsection ty so that any assistance provided by the stands that the Convention and Optional (b) and the provisos of subsection (c). Government of the United States shall not Protocol are not intended to replace, super- (a) UNDERSTANDING.—The Senate’s advice sede, obviate or otherwise interfere with any and consent is subject to the following un- be transferred to or otherwise used to assist other existing bilateral or multilateral trea- derstanding, which shall be included in the the International Criminal Court con- ties or conventions, including those that re- instrument of ratification: templated in the Statute adopted in Rome, late to mutual assistance in criminal mat- PROHIBITION ON ASSISTANCE TO THE INTER- Italy, on July 17, 1998, unless the Statute es- NATIONAL CRIMINAL COURT.—The United tablishing that Court has entered into force ters. States shall exercise its rights to limit the for the United States by and with the advice (2) ARTICLE 25.—The United States under- use of assistance it provides under the Trea- and consent of the Senate, as required by Ar- stands that Article 25 of the Convention, ty so that any assistance provided by the ticle II, section 2 of the United States Con- which limits disclosure or use of information Government of the United States shall not stitution. or evidence obtained under the Convention, be transferred to or otherwise used to assist (b) DECLARATION.—The Senate’s advice and shall no longer apply if such information or the International Criminal Court con- consent is subject to the following declara- evidence is made public, in a manner con- templated in the Statute adopted in Rome, tion, which shall be binding on the Presi- sistent with Article 25, in the course of pro- Italy, on July 17, 1998, unless the Statute es- dent: ceedings in the Requesting State. tablishing that Court has entered into force TREATY INTERPRETATION.—The Senate af- (3) PROHIBITION ON ASSISTANCE TO THE for the United States by and with the advice firms the applicability to all treaties of the INTERNATIONAL CRIMINAL COURT.—The United and consent of the Senate, as required by Ar- constitutionally based principles of treaty States shall exercise its rights to limit the ticle II, section 2 of the United States Con- interpretation set forth in Condition (1) of use of assistance it may provide under the stitution. the resolution of ratification of the INF Convention and/or Optional Protocol so that (b) DECLARATION.—The Senate’s advice and Treaty, approved by the Senate on May 27, any assistance provided by the Government consent is subject to the following declara- 1988, and Condition (8) of the resolution of of the United States shall not be transferred tion, which shall be binding on the Presi- ratification of the Document Agreed Among to or otherwise used to assist the Inter- dent: the States Parties to the Treaty on Conven- national Criminal Court contemplated in the TREATY INTERPRETATION.—The Senate af- tional Armed Forces in Europe, approved by Statute adopted in Rome, Italy, on July 17, firms the applicability to all treaties of the the Senate on May 14, 1997. 1998, unless the Statute establishing that constitutionality based principles of treaty (c) PROVISOS.—The resolution of ratifica- Court has entered into force for the United interpretation set forth in Condition (1) of tion is subject to the following provisos, States by and with the advice and consent of the resolution of ratification of the INF which shall not be included in the instru- the Senate, as required by Article II, section Treaty, approved by the Senate on May 27, ment of ratification to be signed by the 2 of the United States Constitution. 1988, and Condition (8) of the resolution of President: (b) DECLARATION.—The Senate’s advice and ratification of the Document Agreed Among (1) LIMITATION ON ASSISTANCE.—Pursuant consent is subject to the following declara- the States Parties to the Treaty on Conven- to the rights of the United States under this tion, which shall be binding upon the Presi- tional Armed Forces in Europe, approved by Treaty to deny requests which prejudice its dent: the Senate on May 14, 1997. essential public policy or interests, the TREATY INTERPRETATION.—The Senate af- (c) PROVISOS.—The resolution of ratifica- United States shall deny a request for assist- firms the applicability to all treaties of the tion is subject to the following provisos, ance when the Central Authority, after con- constitutionally based principles of treaty which shall not be included in the instru- sultation with all appropriate intelligence, interpretation set forth in Condition (1) of ment of ratification to be signed by the anti-narcotic, and foreign policy agencies, the resolution of ratification of the INF President: has specific information that a senior gov- Treaty, approved by the Senate on May 27, (1) LIMITATION ON ASSISTANCE.—Pursuant ernment official who will have access to in- 1988, and Condition (8) of the resolution of to the rights of the United States under this formation to be provided under this Treaty ratification of the Document Agreed Among Treaty to deny requests which prejudice its is engaged in a felony, including the facilita- the States Parties to the Treaty on Conven- essential public policy or interests, the tion of the production or distribution of ille- tional Armed Forces in Europe, approved by United States shall deny a request for assist- gal drugs. the Senate on May 14, 1997. ance when the Central Authority, after con- (2) SUPREMACY OF THE CONSTITUTION.— (c) PROVISO.—The resolution of ratification sultation with all appropriate intelligence, Nothing in this Treaty requires or authorizes is subject to the following proviso, which anti-narcotic, and foreign policy agencies, legislation or other action by the United shall not be included in the instrument of has specific information that a senior gov- States of America that is prohibited by the ratification to be signed by the President: ernment official who will have access to in- Constitution of the United States as inter- SUPREMACY OF THE CONSTITUTION.—Nothing formation to be provided under this Treaty preted by the United States. in this Convention or the Optional Protocol is engaged in a felony, including the facilita- requires or authorizes legislation or other tion of the production or distribution of ille- Treaty Doc. 105–25 Inter-American Conven- action by the United States of America that gal drugs. tion on Mutual Assistance in Criminal Mat- is prohibited by the Constitution of the (2) SUPREMACY OF THE CONSTITUTION.— ters With Related Optional Protocol (Exec. United States as interpreted by the United Nothing in this Treaty requires or authorizes Rept. 106–24). States.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20809 Treaty Doc. 104–29 United Nations Conven- United States participation in future nego- United States of America that is prohibited tion To Combat Desertification in Countries tiations concerning this Convention, and in by the Constitution of the United States as Experiencing Drought, Particularly in Afri- particular, negotiation of any Protocols to interpreted by the United States. ca, With Annexes (Exec. Rept. No. 106–25). this Convention. Treaty Doc. 106–38 Extradition Treaty with TEXT OF COMMITTEE RECOMMENDED (2) TREATY INTERPRETATION.—The Senate Belize (Exec. Report No. 106–26. RESOLUTION OF ADVICE AND CONSENT: affirms the applicability to all treaties of TEXT OF COMMITTEE RECOMMENDED Resolved, (two thirds of the Senators present the constitutionally based principles of trea- RESOLUTION OF ADVICE AND CONSENT: concurring therein), That the Senate advise ty interpretation set forth in Condition (1) of and consent to the ratification of the United the resolution of ratification of the INF Resolved, (two thirds of the Senators present Nations Convention to Combat Treaty, approved by the Senate on May 27, concurring therein), That the Senate advice Desertification in Those Countries Experi- 1988, and Condition (8) of the resolution of and consent to the ratification of the Extra- encing Serious Drought and/or ratification of the Document Agreed Among dition Treaty between the Government of Desertification, Particularly in Africa, With the State Parties to the Treaty on Conven- the United States of America and the Gov- Annexes, adopted at Paris, June 17, 1994, and tional Armed Forces in Europe, approved by ernment of Belize, signed at Belize on March signed by the United States on October 14, the Senate on May 14, 1997. 30, 2000 (Treaty Doc. 106–38), subject to the 1994, (Treaty Doc. 104–29) (hereinafter, ‘‘The (3) ADOPTION OF NO RESERVATIONS PROVI- understanding of subsection (a), the declara- Convention’’), subject to the understandings SION.—It is the sense of the Senate that the tion of subsection (b) and the proviso of sub- of subsection (a), the declarations of sub- ‘‘no reservations’’ provision contained in Ar- section (c). (a) UNDERSTANDING.—The Senate’s advice section (b) and the provisos of subsection (c). ticle 37 of the Convention has the effect of and consent is subject to the following un- (a) UNDERSTANDINGS.—The advice and con- inhibiting the Senate in its exercise of its derstanding, which shall be included in the sent of the Senate is subject to the following constitutional duty to give advice and con- instrument of ratification: understandings, which shall be included in sent to ratification of a treaty, and that the PROHIBITION OF EXTRADITION TO THE INTER- the instrument of ratification of the Conven- Senate’s approval of the Convention should NATIONAL CRIMINAL COURT.—The United tion and shall be binding on the President: not be construed as a precedent for acquies- cence to future treaties containing such pro- States understands that the protections con- (1) FOREIGN ASSISTANCE.—The United tained in Article 14 concerning the Rule of States understands that, as a ‘‘developed visions. (c) PROVISOS.—The advice and consent of Specialty would preclude the resurrender of country,’’ pursuant to Article 6 of the Con- any person extradited to Belize from the vention and its Annexes, it is not obligated the Senate is subject to the following pro- visos: United States to the International Criminal to satisfy specific funding requirements or Court contemplated in the Statute adopted other specific requirements regarding the (1) REPORT TO CONGRESS.—Two years after the date the Convention enters into force for in Rome, Italy, on July 17, 1998, unless the provision of any resource, including tech- United States consents to such resurrender; nology, to any ‘‘affected country,’’ as defined the United States, and biennially thereafter, the Secretary of State shall provide a report and the United States shall not consent to in Article 1 of the Convention. The United the transfer of any person extradited to States understands that ratification of the to the Committee on Foreign Relations of the Senate setting forth the following: Belize by the United States to said Inter- Convention does not alter its domestic legal national Criminal Court unless the Statute processes to determine foreign assistance (i) a description of the programs in each af- fected country party designed to implement establishing that Court has entered into funding or programs. force for the United States by and with the (2) FINANCIAL RESOURCES AND MECHANISM.— the Convention, including a list of commu- nity-based non-governmental organizations advice and consent of the Senate, as required The United States understands that neither by Article II, section 2 of the United States involved, a list of amounts of funding pro- Article 20 nor Article 21 of the Convention Constitution. vided by the national government and each impose obligations to provide specific levels (b) DECLARATION.—The Senate’s advice and of funding for the Global Environmental Fa- international donor country, and the pro- consent is subject to the following declara- cility, or the Global Mechanism, to carry out jected date for full implementation of the tion, which shall be binding on the Presi- the objectives of the Convention, or for any national action program; dent: other purpose. (ii) an assessment of the adequacy of each TREATY INTERPRETATION.—The Senate af- (3) UNITED STATES LAND MANAGEMENT.—The national action program (including the time- firms the applicability to all treaties of the United States understands that it is a ‘‘de- liness of program submittal), the degree to constitutionally based principles of treaty veloped country party’’ as defined in Article which the plan attempts to fully implement interpretation set forth in Condition (1) of 1 of the Convention, and that it is not re- the Convention, the degree of involvement the resolution of ratification of the INF quired to prepare a national action program by all levels of government in implementa- Treaty, approved by the Senate on May 27, pursuant to Part III, Section 1, of the Con- tion of the Convention, and the percentage of 1988, and Condition (8) of the resolution of vention. The United States also understands government revenues expended on implemen- ratification of the Document Agreement that no changes to its existing land manage- tation of the Convention; Among the State Parties to the Treaty on ment practices and programs will be re- (iii) a list of United States persons des- Conventional Armed Forces in Europe, ap- quired to meet its obligations under Articles ignated as independent experts pursuant to proved by the Senate on May 14, 1997. 4 or 5 of the Convention. Article 24 of the Convention, and a descrip- (c) PROVISO.—The resolution of ratification (4) LEGAL PROCESS FOR AMENDING THE CON- tion of the process for making such designa- is subject to the following proviso, which VENTION.—In accordance with Article 34(4), tions; shall not be included in the instrument of any additional regional implementation (iv) an identification of the specific bene- ratification to be signed by the President. annex to the Convention or any amendment fits to the United States, as well as United SUPREMACY OF THE CONSTITUTION.—Nothing to any regional implementation annex to the States persons, (including United States ex- in this Treaty requires or authorizes legisla- Convention shall enter into force for the porters and other commercial enterprises), tion or other action by the United States of United States only upon the deposit of a cor- resulting from United States participation in America that is prohibited by the Constitu- responding instrument of ratification, ac- the Convention; tion of the United States as interpreted by ceptance, approval or accession. (v) a detailed description of the staffing the United States. (5) DISPUTE SETTLEMENT.—The United levels and budget of the Permanent Secre- States declines to accept as compulsory ei- tariat established pursuant to Article 23; Treaty Doc. 106–4 Extradition Treaty With ther of the dispute settlement means set out (vi) a breakdown of all direct and indirect Paraguay (Exec. Report No. 106–26). in Article 28(2), and understands that it will United States contributions to the Perma- TEXT OF COMMITTEE RECOMMENDED not be bound by the outcome, findings, con- nent Secretariat, and a statement of the RESOLUTION OF ADVICE AND CONSENT: clusions or recommendations of a concilia- number of United States citizens who are Resolved, (two thirds of the Senators present tion process initiated under Article 28(6). For staff members or contract employees of the concurring therein), That the Senate advise any dispute arising from this Convention, Permanent Secretariat; and consent to the ratification of the Extra- the United States does not recognize or ac- (vii) a list of affected party countries that dition Treaty between the Government of cept the jurisdiction of the International have been developed countries, within the the United States of America and the Gov- Court of Justice. meaning of the Convention; and ernment of the Republic of Paraguay, signed (b) DECLARATIONS.—The Senate’s advice (viii) for each affected party country, a dis- at Washington on November 9, 1998 (Treaty and consent is subject to the following dec- cussion of results (including discussion of Doc. 106–4), subject to the understanding of larations, which shall be binding on the specific successes and failures) flowing from subsection (a), the declaration of subsection President: national action plans generated under the (b) and the proviso of subsection (c). (1) CONSULTATIONS.—It is the sense of the Convention. (a) UNDERSTANDING.—The Senate’s advice Senate that the Executive Branch should (2) SUPREMACY OF THE CONSTITUTION.— and consent is subject to the following un- consult with the Committee on Foreign Re- Nothing in the Convention requires or au- derstanding, which shall be included in the lations of the Senate about the possibility of thorizes legislation or other action by the instrument of ratification:

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PROHIBITION OF EXTRADITION TO THE INTER- (b) DECLARATION.—The Senate’s advice and SUPREMACY OF THE CONSTITUTION.—Nothing NATIONAL CRIMINAL COURT.—The United consent is subject to the following declara- in this Treaty requires or authorizes legisla- States understands that the protections con- tion, which shall be binding on the Presi- tion or other action by the United States of tained in Article XV concerning the rule of dent: America that is prohibited by the Constitu- Specialty would preclude the resurrender of TREATY INTERPRETATION.—The Senate af- tion of the United States as interpreted by any person extradited to the Republic of firms the applicability to all treaties of the the United States. Paraguay from the United States to the constitutionally based principles of treaty International Criminal Court contemplated interpretation set forth in Condition (1) of f in the Statute adopted in Rome, Italy, on the resolution of ratification of the INF Treaty, approved by the Senate on May 27, INTRODUCTION OF BILLS AND July 17, 1998, unless the United States con- JOINT RESOLUTIONS sents to such resurrender; and the United 1998, and Condition (8) of the resolution of States shall not consent to the transfer of ratification of the Document Agreed Among The following bills and joint resolu- any person extradited to the Republic of the States Parties to the Treaty on Conven- tions were introduced, read the first Paraguay by the United States to said Inter- tional Armed Forces in Europe, approved by and second times by unanimous con- the Senate on May 14, 1997. national Criminal Court unless the Statute sent, and referred as indicated: establishing that Court has entered into (c) PROVISO.—The resolution of ratification force for the United States by and with the is subject to the following proviso, which By Mr. HUTCHINSON: advice and consent of the Senate, as required shall not be included in the instrument of S. 3157. A bill to require the Food and Drug by Article II, section 2 of the United States ratification to be signed by the President. Administration to establish restrictions re- SUPREMACY OF THE CONSTITUTION.—Nothing Constitution. garding the qualifications of physicians to in this Treaty requires or authorizes legisla- (b) DECLARATION.—The Senate’s advice and prescribe the abortion drug commonly tion or other action by the United States of consent is subject to the following declara- known as RU–486; to the Committee on America that is prohibited by the Constitu- tion, which shall be binding on the Presi- Health, Education, Labor, and Pensions. tion of the United States as interpreted by dent: By Mr. JEFFORDS: the United States. TREATY INTERPRETATION.—The Senate af- S. 3158. A bill to shift Impact Aid funding firms the applicability to all treaties of the responsibility for military connected chil- Treaty Doc. 106–34 Extradition Treaty dren and property from the Department of constitutionally based principles of treaty With Sri Lanka (Exec. Report No. 106–26). interpretation set forth in Condition (1) of Education to the Department of Defense; to TEXT OF COMMITTEE RECOMMENDED the resolution of ratification of the INF the Committee on Health, Education, Labor, RESOLUTION OF ADVICE AND CONSENT: Treaty, approved by the Senate on May 27, and Pensions. 1988, and Condition (8) of the resolution of Resolved, (two thirds of the Senators present By Mr. ASHCROFT: ratification of the Document Agreed Among concurring therein), That the Senate advise S. 3159. A bill to amend the Fair Labor the States Parties to the Treaty on Conven- and consent to the ratification of the Extra- Standards Act of 1938 to clarify provisions tional Armed Forces in Europe, approved by dition Treaty between the Government of relating to the use of accrued compensatory the Senate on May 14, 1997. the United States of America and the Gov- time by certain public employees; to the (c) PROVISO.—The resolution of ratification ernment of the Democratic Socialist Repub- Committee on Health, Education, Labor, and is subject to the following proviso, which lic of Sri Lanka, signed at Washington on Pensions. shall not be included in the instrument of September 30, 1999 (Treaty Doc. 106–34), sub- By Mr. LAUTENBERG: ratification to be signed by the President: ject to the understanding of subsection (a), S. 3160. A bill to authorize the Secretary of SUPREMACY OF THE CONSTITUTION.—Nothing the declaration of subsection (b) and the pro- the Interior to study the suitability and fea- in this Treaty requires or authorizes legisla- viso of subsection (c). sibility of designating the Abel and Mary tion or other action by the United States of (a) UNDERSTANDING.—The Senate’s advice Nicholson House, Elsinboro Township, Salem America that is prohibited by the Constitu- and consent is subject to the following un- County, New Jersey, as a unit of the Na- tion of the United States as interpreted by derstanding, which shall be included in the tional Park System, and for other purposes; the United States. instrument of ratification: to the Committee on Energy and Natural Re- PROHIBITION OF EXTRADITION TO THE INTER- sources. Treaty Doc. 106–24 Extradition Treaty NATIONAL CRIMINAL COURT.—The United f With South Africa (Exec. Report No. 106–23). States understands that the protections con- tained in Article 16 concerning the Rule of TEXT OF COMMITTEE RECOMMENDED Specialty would preclude the resurrender of SUBMISSION OF CONCURRENT AND RESOLUTION OF ADVICE AND CONSENT: any person extradited to the Democratic So- SENATE RESOLUTIONS Resolved, (two-thirds of the Senators present cialist Republic of Sri Lanka from the The following concurrent resolutions concurring therein), That the Senate advise United States to the International Criminal and Senate resolutions were read, and and consent to the ratification of the Extra- Court contemplated in the Statute adopted dition Treaty between the Government of in Rome, Italy, on July 17, 1998, unless the referred (or acted upon), as indicated: the United States and the Government of the United States consents to such resurrender; By Mrs. HUTCHISON (for herself, Mr. Republic of South Africa, signed at Wash- and the United States shall not consent to GRASSLEY, Mr. GRAMM, Mr. KYL, Mr. ington on September 16, 1999 (Treaty Doc. the transfer of any person extradited to the DOMENICI, Mr. DODD, Mrs. FEINSTEIN, 106–24), subject to the understanding of sub- Democratic Socialist Republic of Sri Lanka Mr. HOLLINGS, and Mr. SESSIONS): section (a), the declaration of subsection (b) by the United States to said International S. Res. 366. A resolution expressing the and the proviso of subsection (c). Criminal Court unless the Statute estab- Sense of the Senate on the Certification of (a) UNDERSTANDING.—The Senate’s advice lishing that Court has entered into force for Mexico; to the Committee on Foreign Rela- and consent is subject to the following un- the United States by and with the advice and tions. derstanding, which shall be included in the consent of the Senate, as required by Article f instrument of ratification. II, section 2 of the United States Constitu- PROHIBITION OF EXTRADITION TO THE INTER- tion. STATEMENTS ON INTRODUCED NATIONAL CRIMINAL COURT.—The United (b) DECLARATION.—The Senate’s advice and BILLS AND JOINT RESOLUTIONS States understands that the protections con- consent is subject to the following declara- tained in Article 18 concerning the Rule of tion, which shall be binding on the Presi- Mr. JEFFORDS: Specialty would preclude the resurrender of dent: S. 3158. A bill to shift Impact Aid any person extradited to the Republic of TREATY INTERPRETATION.—The Senate af- funding responsibility for military con- South Africa from the United States to the firms the applicability to all treaties of the nected children and property from the International Criminal Court contemplated constitutionally based principles of treaty Department of Education to the De- in the Statute adopted in Rome, Italy, on interpretation set forth in Condition (1) of July 17, 1998, unless the United States con- the resolution of ratification of the INF partment of Defense; to the Committee sents to such resurrender; and the United Treaty, approved by the Senate on May 27, on Health, Education, Labor, and Pen- States shall not consent to the transfer of 1988, and Condition (8) of the resolution of sions. any person extradited to the Republic of ratification of the Document Agreed Among ‘‘EDUCATIONAL ASSISTANCE FOR MILITARY South Africa by the United States to said the States Parties to the Treaty on Conven- CONNECTED CHILDREN ACT OF 2000’’ International Criminal Court unless the tional Armed Forces in Europe, approved by Mr. JEFFORDS. Mr. President, today Statute establishing that Court has entered the Senate on May 14, 1997. into force for the United States by and with (c) PROVISO.—The resolution of ratification I am introducing the ‘‘Educational As- the advice and consent of the Senate, as re- is subject to the following proviso, which sistance for Military Connected Chil- quired by Article II, section 2 of the United shall not be included in the instrument of dren Act of 2000,’’ legislation that States Constitution. ratification to be signed by the President: would transfer from the Department of

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20811 Education to the Department of De- of these children to be equally impor- more control over their hard-earned fense financial responsibility for im- tant. The legislation I am offering time. Money magazine, May 1997. pact aid payments used to support the today is, I believe, a good starting In an attempt to address these work education of military dependents. point for impact aid reform designed to and family tensions, in each of the last The impact aid program is authorized improve the educational opportunities three Congresses, I have introduced as Title VIII of the Elementary and available to military dependents. legislation. Each of these bills provide Secondary Education Act (ESEA) of flexible working arrangements—or 1965. Unlike other ESEA programs, Mr. ASHCROFT: ‘‘flex-time,’’ and compensatory time however, impact aid payments are not S. 3159. A bill to amend the Fair off—or ‘‘comp time.’’ used to support specific educational ac- Labor Standards Act of 1938 to clarify The comp time provisions in the tivities. Rather, these payments serve provisions relating to the use of ac- Family Friendly Workplace Act (S. as general aid to local educational crued compensatory time by certain 1241) would permit employees to agencies to replace tax dollars which public employees; to the Committee on choose, if the employer agreed, to be are foregone as the result of the pres- Health, Education, Labor, and Pen- compensated with time-and-a-half ence of the Federal government. For sions. compensatory time off for overtime example, Federal property—such as STATE AND LOCAL GOVERNMENT FAMILY hours worked in lieu of time-and-a-half military installations—is not subject FRIENDLY WORKPLACE ACT pay—whenever time is more valuable to property taxes. In addition, under Mr. ASHCROFT. Mr. President, I rise than financial compensation to the em- the terms of the Soldiers’ and Sailors’ today to introduce a very important ployee. This gives hourly employees Civil Relief Act of 1940, many military piece of legislation. This bill continues the ability to meet their family obliga- personnel do not pay taxes in the my effort to help working parents bal- tions while still taking home a full States and localities where their chil- ance the demands between work and paycheck. dren attend school. family. The flex time provisions would allow Replacing lost revenues that would Over the past five years, we have private sector hourly employees to otherwise have been available to sup- been talking about the difficulty that work biweekly work schedules the port local schools is an obligation of parents have balancing work and fam- same as federal employees have been the Federal government in those cases ily obligations. I do not think there are able to since 1978. Rather than being where the revenue loss is directly re- two values that are more highly or in- limited to 40 hours in a seven-day pe- lated to Federal action. The Depart- tensely admired in America than these. riod, private sector workers could ment of Education, through the impact The first one is the value we place on schedule 80 hours over a two-week pe- aid program, provides nearly $1 billion our families. We understand that more riod in any combination if their em- each year for this purpose. than anything else the family is an in- ployers agree. Overtime would have to Over the past two years, the Com- stitution where important things are be paid for any hours ordered by the mittee on Health, Education, Labor, learned, not just knowledge imparted employer in excess of those in the des- and Pensions has been reviewing all but wisdom is obtained and understood ignated biweekly work schedule. For ESEA programs. In the course of that in a family which teaches us not just example, if an employer asked an em- review, I have come to the conclusion how to do something but teaches us ployee to work 45 hours in a week when that the children of military personnel how to live. the employee was scheduled to work would be better served if the impact The second value which is a strong only 35 hours under the biweekly work aid provided on their behalf were of- value in America and reflects our her- schedule, the employer would be re- fered through the Department of De- itage is the value of work. Americans quired to pay the employee 10 hours of fense. admire and respect work. The difficult overtime compensation. This is true For one thing, DOD officials are in a issue that face us as a nation, is how even though absent the agreement, the far better position than are Education are we going to resolve these tensions? employer would only be required to pay Department personnel to assess the I think that is one of the jobs, that we the employee five hours of overtime. needs of schools on or near military have to try and make sure we build a When these provisions were devel- bases and to be aware of activities— framework where people can resolve oped, I took seriously the concerns such as downsizing or the construction those tensions. Since 1965, the amount raised by my constituents that ade- or renovation of base housing—which of time parents spend with their chil- quate protections had to be contained can have a major effect on the amount dren has dropped 40 percent and a 1993 in the bill to make sure this was a real of the impact aid assistance available study that found that 66 percent of choice made by employees—not em- to a school. In many cases, my com- adults surveyed nationwide wanted to ployers. Both of the provisions were de- mittee has been asked, after the fact, spend more time with their children. signed to do just that. In the Family to address specific impact aid problems This tension between the workplace Friendly Workplace Act employers which have confronted schools as a re- and the home place, juxtaposed or set cannot require accepting compensatory sult of such decisions. in a framework of laws created in the time off in lieu of over time pay as a In addition, problems such as inad- 1930’s that does not allow us flexibility, condition of employment. Nor can they equate funding, overcrowded condi- is a problem. For example, you might require employees to work flex time as tions, and lengthy delays in the be asked to do overtime over and over a condition of employment. In addi- issuance of impact aid payments could and over again, and you do overtime, tion, such agreements to work these al- be better addressed if their resolution and then you are paid time and a half. ternative work schedules have to be in were the responsibility of those who But at some point, you would rather writing, signed by the employee. Coer- are most familiar with the needs of have the time than the money. If the cion into these programs—or even at- these schools and their students. employer agreed to it voluntarily— tempted coercion—is strictly prohib- On a number of occasions in the past, both parties—we ought to let that hap- ited and contain severe penalties. defense-related legislation has included pen. Right now, it is against the law. Due to the nature of comp time, provisions which have directly changed According to a number of surveys, this there also are protections specific to impact aid or have supported parallel is what Americans want. For example, that program. Employers would be pro- programs. I do not see that the inter- a poll by Money magazine found that 64 hibited from coercing, or attempting to ests of schools or students are best percent of the American people—and 68 coerce, employees into using or not served by this duplication of effort. percent of women—would rather have using their comp time. The bill re- The Department of Defense currently their overtime in the form of time off, quires employers to cash-out their em- offers of variety of services to military than in cash wages. Eighty-two percent ployees’ comp time bank at the end of dependents—ranging from child care to said they supported the Republican’s each year or in the alternative, within health services. I believe the education plan to give working men and women thirty days of their employees’ request.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 20812 CONGRESSIONAL RECORD—SENATE October 4, 2000 These cash-out provisions serve two Park System. As part of the study the house to the Salem Meeting and relo- important purposes. First, it ensures Secretary would also be required to cated to the Elsinboro property. In that employers who offer the option of consider management alternatives to 1693, Abel Nicholson married Mary comp time do not do so with the belief create an administrative association Tyler, the daughter of another Quaker. that it will give them ability to avoid with the New Jersey Coastal Heritage Abel and Mary Nicholson built the paying overtime. Second, it also struc- Trail Route. The bill I am introducing present house, in 1722, which historians tures comp time programs with a built- today would authorize the National believe either replaced or abutted the in incentive for employers to allow em- Park Service to acquire this land in earlier structure built by his father. ployees to use their comp time when it compliance with the service’s standard Mr. President, the Nicholson House is needed by the employee. rules and regulations. represents the Mid-Atlantic region’s Today, I am introducing legislation Mr. President, the Abel and Mary colonial history and traditions. Be- to provide these superior protections to Nicholson House is prized for its archi- cause of its architectural integrity and state and local government workers. tectural and historical significance to, what it is teaching scholars about how First, it will prohibit the practice of not only my state, but, our entire na- 18th century building spaces were used, requiring employees to accept comp tion. It is a unique resource which can it is considered to transcend regional time as a condition of employment. It provide unparalleled opportunities for significance and ranks as one of Amer- also will require state and local gov- studying our national cultural and nat- ica’s iconic early structures. ernments to cash-out comp time banks ural heritage. Situated along Alloway Mr. President, the Abel and Mary at the end of each year or within thirty Creek, a tributary of the Delaware Nicholson House is a national treasure days of request by the employees. Fi- River, the house is surrounded by an that deserves consideration for preser- nally, it will specifically prohibit state intact cultural landscape of farm vation and protection so it can con- and local governments from forcing fields, wetlands and forests. The origi- tinue to teach future generations of employees to use their accumulated nal access to the house was from the Americans about the contributions and comp time against their wishes. It is creek, as rivers were the highways of lives of the early Americans. Mr. Presi- those workers who are giving up time 18th century America. dent, I ask unanimous consent that the with their families—they should be The Abel and Mary Nicholson House text of the legislation be printed in the able to use it to spend time with their is a Delaware Valley, brick, patterned- RECORD. families. These protections will impact end mansion constructed in 1722. The There being no objection, the bill was 290,405 workers in Missouri, or approxi- original portion of the house has ex- ordered to be printed in the RECORD, as mately twelve percent of the work- isted for 280 years with only routine follows: force. maintenance, no major remodeling or S. 3160 No doubt, state and local govern- restoration, and without the intrusion Be it enacted by the Senate and House of Rep- ments will be concerned about the cost of either electricity or a central heat- resentatives of the United States of America in of cashing out these comp time banks ing system. It stands alone as the only Congress assembled, or changing their scheduling patterns known, pristine survivor of an Anglo- SECTION 1. SHORT TITLE. in order to allow workers to use their American building tradition that ex- This Act may be cited as the ‘‘Abel and accumulated comp time. As a former isted for three quarters of a century. Mary Nicholson House National Historic Site Governor, I understand these concerns. The Nicholson House is changing the Study Act of 2000’’. However, I have to take seriously the thinking of architectural historians SEC. 2. FINDINGS. practice that can no longer be called about the construction and use of Congress finds that— isolated incidents. Forcing employees rooms in the earliest houses of the (1) the Abel and Mary Nicholson House, lo- to work over time takes away time Delaware Valley. The house has been cated in Elsinboro Township, Salem County, from their families. Our police officers, called an architectural Rosetta stone New Jersey, was built in 1722; that provides new insight to our under- (2) the original section of the House is the fire fighters, corrections’ officers, and only pristine, surviving portion of a Dela- other state and local government standing of the use and function of in- ware Valley brick patterned-end house fea- workers should have the choice wheth- terior space during the 18th century. turing a diaper or diamond pattern in glazed er that time should be compensated Additionally, Mr. President, an 1859 ad- bricks in the gable wall of the building, and with time or money. They know what dition to the house enhances the sig- less elaborate decorations of checkered best fits their needs and should not be nificance of the property with a similar string courses on the other 3 walls; forced—with the blessings of the fed- level of architectural integrity. (3) the original section of the House— eral government—into giving up that Mr. President, the Abel and Mary (A) contains early paint, original hinges, Nicholson House also has cultural sig- locks, shelving, floorboards, roof framing, choice. and chimneypieces; and nificance in its well-documented asso- (B) has received only routine maintenance Mr. LAUTENBERG: ciations with the earliest Quaker set- and no major remodeling, and is without the S. 3160. A bill to authorize the Sec- tlement in North America and the first intrusion of either electricity or a central retary of the Interior to study the suit- permanent English settlement in New heating system; ability and feasibility of designating Jersey. Abel Nicholson arrived in New (4) the 1859 addition to the House enhances the Abel and Mary Nicholson House, Jersey at the age of three. He was the significance of the property with a simi- Elsinboro Township, Salem County, brought to New Jersey by his father, lar level of architectural integrity; New Jersey, as a unit of the National Samuel Nicholson, a follower of John (5) the House has well-documented associa- Park System, and for other purposes; tions with the earliest Quaker settlement in Fenwick. They arrived in 1675, seven North America; to the Committee on Energy and Nat- years before William Penn arrived to (6) the House and surrounding property ural Resources. settle Philadelphia. John Fenwick was may be available for acquisition from a will- ABEL AND MARY NICHOLSON HOUSE NATIONAL the founder of Greenwich and Salem, ing donor; and HISTORIC SITE STUDY ACT OF 2000 New Jersey, the first permanent (7) the House is— Mr. LAUTENBERG. Mr. President, I English-speaking settlements on the (A) 1 of the most significant ‘‘first period’’ am pleased to introduce the Abel and Delaware River. houses surviving in the Delaware Valley; and Mary Nicholson House National His- Samuel Nicholson purchased 2,000 (B) an architectural Rosetta stone on the toric Site Study Act of 2000. This bill acres in Elsinboro Township, New Jer- domestic life of the first 2 generations of set- tlers in the Delaware Valley. would require the Secretary of the In- sey and a 16-acre lot in the City of terior to study the suitability and fea- Salem where he constructed a home. It SEC. 3. DEFINITIONS. In this Act: sibility of designating the Abel and was in the Salem house that the first (1) HOUSE.—The term ‘‘House’’ means the Mary Nicholson House located in Salem Meeting of the Society of Abel and Mary Nicholson House, located in Elsinboro Township, Salem County, Friends was organized in 1676. In 1680, Elsinboro Township, Salem County, New Jer- New Jersey, as a unit of the National Samuel Nicholson donated the Salem sey.

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(2) SECRETARY.—The term ‘‘Secretary’’ ABRAHAM) was added as a cosponsor of New York (Mr. SCHUMER) were added as means the Secretary of the Interior, acting S. 1446, a bill to amend the Internal cosponsors of S. 2778, a bill to amend through the Director of the National Park Revenue Code of 1986 to allow an addi- the Sherman Act to make oil-pro- Service. tional advance refunding of bonds ducing and exporting cartels illegal. SEC. 4. STUDY. originally issued to finance govern- S. 2912 (a) IN GENERAL.—Not later than 3 years after the date on which funds are made avail- mental facilities used for essential gov- At the request of Mr. KENNEDY, the able to carry out this Act, the Secretary ernmental functions. name of the Senator from Connecticut shall, in consultation with the State of New S. 1536 (Mr. DODD) was added as a cosponsor of Jersey— At the request of Mr. DEWINE, the S. 2912, a bill to amend the Immigra- (1) carry out a study on the suitability and names of the Senator from Kansas (Mr. tion and Nationality Act to remove feasibility of designating the House as a unit BROWNBACK) and the Senator from Illi- certain limitations on the eligibility of of the National Park System; (2) consider management alternatives to nois (Mr. DURBIN) were added as co- aliens residing in the United States to create an administrative association with sponsors of S. 1536, a bill to amend the obtain lawful permanent residency sta- the New Jersey Coastal Heritage Trail Older Americans Act of 1965 to extend tus. Route; and authorizations of appropriations for S. 2938 (3) submit to the Committee on Resources programs under the Act, to modernize At the request of Mr. BROWNBACK, the of the House of Representatives and the programs and services for older indi- name of the Senator from Virginia (Mr. Committee on Energy and Natural Resources viduals, and for other purposes. ROBB) was added as a cosponsor of S. of the Senate a report describing the findings S. 1726 2938, a bill to prohibit United States as- of the study. (b) CONTENTS.—The study under subsection At the request of Mr. MCCAIN, the sistance to the Palestinian Authority (a) shall be conducted in accordance with name of the Senator from New Mexico if a Palestinian state is declared uni- Public Law 91–383 (16 U.S.C. 1a–1 et seq.). (Mr. DOMENICI) was added as a cospon- laterally, and for other purposes. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. sor of S. 1726, a bill to amend the Inter- S. 2939 There are authorized to be appropriated nal Revenue Code of 1986 to treat for At the request of Mr. GRASSLEY, the such sums as are necessary to carry out this unemployment compensation purposes name of the Senator from South Da- Act. Indian tribal governments the same as kota (Mr. JOHNSON) was added as a co- f State or local units of government or sponsor of S. 2939, a bill to amend the ADDITIONAL COSPONSORS as nonprofit organizations. Internal Revenue Code of 1986 to pro- S. 260 S. 2031 vide a credit against tax for energy ef- At the request of Mr. WELLSTONE, his At the request of Mr. DODD, the name ficient appliances. name was added as a cosponsor of S. of the Senator from Maryland (Mr. S. 2963 260, a bill to make chapter 12 of title 11, SARBANES) was added as a cosponsor of At the request of Mr. BRYAN, the United States Code, permanent, and for S. 2031, a bill to amend the Fair Labor name of the Senator from South Da- other purposes. Standards Act of 1938 to prohibit the kota (Mr. JOHNSON) was added as a co- S. 345 issuance of a certificate for submin- sponsor of S. 2963, a bill to amend title At the request of Mr. ALLARD, the imum wages for individuals with im- XIX of the Social Security Act to re- name of the Senator from Oregon (Mr. paired vision or blindness. quire the Secretary of Health and SMITH) was added as a cosponsor of S. S. 2476 Human Services to make publicly 345, a bill to amend the Animal Welfare At the request of Mr. BURNS, the available medicaid drug pricing infor- Act to remove the limitation that per- name of the Senator from Kansas (Mr. mation. mits interstate movement of live birds, BROWNBACK) was added as a cosponsor S. 2986 for the purpose of fighting, to States in of S. 2476, a bill to amend the Commu- At the request of Mr. HUTCHINSON, which animal fighting is lawful. nications Act of 1934 in order to pro- the names of the Senator from Kansas S. 662 hibit any regulatory impediments to (Mr. ROBERTS) and the Senator from At the request of Mr. L. CHAFEE, the completely and accurately fulfilling Alabama (Mr. SESSIONS) were added as name of the Senator from Georgia (Mr. the sufficiency of support mandates of cosponsors of S. 2986, a bill to limit the MILLER) was added as a cosponsor of S. the national statutory policy of uni- issuance of regulations relating to Fed- 662, a bill to amend title XIX of the So- versal service, and for other purposes. eral contractor responsibility, to re- cial Security Act to provide medical S. 2580 quire the Comptroller General to con- assistance for certain women screened At the request of Mr. JOHNSON, the duct a review of Federal contractor and found to have breast or cervical name of the Senator from Hawaii (Mr. compliance with applicable laws, and cancer under a federally funded screen- AKAKA) was added as a cosponsor of S. for other purposes. ing program. 2580, a bill to provide for the issuance S. 3009 S. 1020 of bonds to provide funding for the con- At the request of Mr. HUTCHINSON, At the request of Mr. GRASSLEY, the struction of schools of the Bureau of the names of the Senator from Arkan- name of the Senator from North Caro- Indian Affairs of the Department of the sas (Mrs. LINCOLN) and the Senator lina (Mr. EDWARDS) was added as a co- Interior, and for other purposes. from South Dakota (Mr. DASCHLE) were sponsor of S. 1020, a bill to amend chap- S. 2764 added as cosponsors of S. 3009, a bill to ter 1 of title 9, United States Code, to At the request of Mr. KENNEDY, the provide funds to the National Center provide for greater fairness in the arbi- names of the Senator from New York for Rural Law Enforcement. tration process relating to motor vehi- (Mr. MOYNIHAN), the Senator from Iowa S. 3020 cle franchise contracts. (Mr. HARKIN), and the Senator from At the request of Mr. GRAMS, the S. 1277 Michigan (Mr. LEVIN) were added as co- name of the Senator from Ohio (Mr. At the request of Mr. GRASSLEY, the sponsors of S. 2764, a bill to amend the DEWINE) was added as a cosponsor of S. name of the Senator from Georgia (Mr. National and Community Service Act 3020, a bill to require the Federal Com- MILLER) was added as a cosponsor of S. of 1990 and the Domestic Volunteer munications Commission to revise its 1277, a bill to amend title XIX of the Service Act of 1973 to extend the au- regulations authorizing the operation Social Security Act to establish a new thorizations of appropriations for the of new, low-power FM radio stations. prospective payment system for Feder- programs carried out under such Acts, S. 3068 ally-qualified health centers and rural and for other purposes. At the request of Mr. KENNEDY, the health clinics. S. 2778 name of the Senator from Connecticut S. 1446 At the request of Mr. KOHL, the (Mr. DODD) was added as a cosponsor of At the request of Mr. LOTT, the name names of the Senator from New Hamp- S. 3068, a bill to amend the Immigra- of the Senator from Michigan (Mr. shire (Mr. SMITH) and the Senator from tion and Nationality Act to remove

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certain limitations on the eligibility of (Mrs. BOXER) and the Senator from promote broad and effective efforts for the aliens residing in the United States to Minnesota (Mr. WELLSTONE) were added health and welfare of U.S. and Mexican citi- obtain lawful permanent resident sta- as cosponsors of S. 3147, a bill to au- zens endangered by international drug traf- tus. thorize the establishment, on land of ficking, use, and production. (b) SENSE OF THE SENATE.—It is the sense S. 3089 the Department of the Interior in the of the Senate that the incoming new govern- At the request of Mr. HAGEL, the District of Columbia or its environs, of ments in both Mexico and the United States names of the Senator from Illinois (Mr. a memorial and gardens in honor and must develop and implement a counterdrug DURBIN) and the Senator from Arkan- commemoration of Frederick Douglass. program that more effectively addresses the sas (Mr. HUTCHINSON) were added as co- S. CON. RES. 135 official corruption, the increase in drug traf- sponsors of S. 3089, a bill to authorize At the request of Mr. ROBB, his name fic, and the lawlessness that has resulted the design and construction of a tem- was added as a cosponsor of S. Con. from illegal drug trafficking, and that a one- year waiver of the requirement that the porary education center at the Viet- Res. 135, a concurrent resolution recog- President certify Mexico is warranted to per- nam Veterans Memorial. nizing the 25th anniversary of the en- mit both new governments time to do so. S. 3095 actment of the Education for All At the request of Mr. KENNEDY, the Handicapped Children Act of 1975. f name of the Senator from Connecticut S.J. RES. 52 AMENDMENTS SUBMITTED (Mr. DODD) was added as a cosponsor of At the request of Mr. GREGG, the S. 3095, a bill to amend the Immigra- name of the Senator from Vermont tion and Nationality Act to remove (Mr. JEFFORDS) was added as a cospon- FAMINE PREVENTION AND FREE- certain limitations on the eligibility of sor of S.J. Res. 52, a joint resolution DOM FROM HUNGER IMPROVE- aliens residing in the United States to granting the consent of Congress to the MENT ACT OF 2000 obtain lawful permanent resident sta- International Emergency Management tus. Assistance Memorandum of Under- S. 3101 standing. HAGEL AMENDMENT NO. 4289 At the request of Mr. ASHCROFT, the S. RES. 292 names of the Senator from Alabama Mr. FITZGERALD (for Mr. HAGEL) At the request of Mr. CLELAND, the proposed an amendment to the bill (Mr. SHELBY), the Senator from Mis- names of the Senator from New Jersey (H.R. 4002) to amend the Foreign As- sissippi (Mr. COCHRAN), the Senator (Mr. LAUTENBERG) and the Senator sistance Act of 1961 to revise and im- from Georgia (Mr. CLELAND), the Sen- from Minnesota (Mr. WELLSTONE) were prove provisions relating to famine ator from Iowa (Mr. GRASSLEY), and added as cosponsors of S. Res. 292, a prevention and freedom from hunger; the Senator from Florida (Mr. MACK) resolution recognizing the 20th century as follows: were added as cosponsors of S. 3101, a as the ‘‘Century of Women in the bill to amend the Internal Revenue United States’’. On page 23, line 2, insert ‘‘agricultural and’’ after ‘‘world’s’’. Code of 1986 to allow as a deduction in f determining adjusted gross income the f deduction for expenses in connection SENATE RESOLUTION 366—EX- with services as a member of a reserve PRESSING THE SENSE OF THE NATIONAL TRANSPORTATION component of the Armed Forces of the SENATE ON THE CERTIFICATION SAFETY BOARD AMENDMENTS United States. OF MEXICO ACT OF 2000 S. 3112 Mrs. HUTCHISON (for herself, Mr. On October 3, 2000 the Senate amend- At the request of Mr. ABRAHAM, the GRASSLEY, Mr. GRAMM, Mr. KYL, Mr. ed and passed S. 2412, as follows: name of the Senator from Texas (Mrs. DOMENICI, Mr. DODD, Mrs. FEINSTEIN, S. 2412 HUTCHISON) was added as a cosponsor of Mr. HOLLINGS, and Mr. SESSIONS) sub- Be it enacted by the Senate and House of Rep- S. 3112, a bill to amend title XVIII of mitted the following resolution; which resentatives of the United States of America in the Social Security Act to ensure ac- was referred to the Committee on For- Congress assembled, cess to digital mammography through eign Relations: SECTION 1. SHORT TITLE; REFERENCES. adequate payment under the medicare S. RES. 366 (a) SHORT TITLE.—This Act may be cited as system. Whereas Mexico will inaugurate a new gov- the ‘‘National Transportation Safety Board Amendments Act of 2000’’. S. 3120 ernment on 1 December 2000 that will be the first change of authority from one party to (b) REFERENCES.—Except as otherwise spe- At the request of Mr. KENNEDY, the cifically provided, whenever in this Act an name of the Senator from Connecticut another; Whereas the 2nd July election of Vincente amendment or repeal is expressed in terms of (Mr. DODD) was added as a cosponsor of Fox Quesada of the Alliance for Change an amendment to, or repeal of, a section or S. 3120, a bill to amend the Immigra- marks an historic transition of power in other provision of law, the reference shall be tion and Nationality Act to modify re- open and fair elections; considered to be made to a section or other strictions added by the Illegal Immi- Whereas Mexico and the United States provision of title 49, United States Code. gration Reform and Immigrant Respon- share a 2,000 mile border, Mexico is the SEC. 2. DEFINITIONS. sibility Act of 1996. United States’ second largest trading part- Section 1101 is amended to read as follows: ner, and the two countries share historic and S. 3127 ‘‘§ 1101. Definitions cultural ties; At the request of Mr. SANTORUM, the Whereas drug production and trafficking ‘‘Section 2101(17a) of title 46 and section name of the Senator from Missouri are a threat to the national interests and the 40102(a) of this title apply to this chapter. In (Mr. ASHCROFT) was added as a cospon- well-being of the citizens of both countries; this chapter, the term ‘accident’ includes sor of S. 3127, a bill to protect infants Whereas U.S.-Mexican cooperation on damage to or destruction of vehicles in sur- face or air transportation or pipelines, re- who are born alive. drugs is a cornerstone for policy for both countries in developing effective programs to gardless of whether the initiating event is S. 3137 stop drug use, drug production, and drug accidental or otherwise.’’. At the request of Mr. SESSIONS, the trafficking; Now, therefore, be it SEC. 3. AUTHORITY TO ENTER INTO AGREE- name of the Senator from Michigan Resolved, MENTS. (Mr. ABRAHAM) was added as a cospon- (a) The Senate, on behalf of the people of (a) IN GENERAL.—Section 1113(b)(1)(I) is sor of S. 3137, a bill to establish a com- the United States amended to read as follows: mission to commemorate the 250th an- (1) welcomes the constitutional transition ‘‘(I) negotiate and enter into agreements niversary of the birth of James Madi- of power in Mexico; with individuals and private entities and de- son. (2) congratulates the people of Mexico and partments, agencies, and instrumentalities their elected representatives for this historic of the Government, State and local govern- S. 3147 change; ments, and governments of foreign countries At the request of Mr. ROBB, the (3) expresses its intent to continue to work for the provision of facilities, accident-re- names of the Senator from California cooperatively with Mexican authorities to lated and technical services or training in

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20815 accident investigation theory and tech- (2) by striking ‘‘cockpit voice recorder’’ in cumstances reasonably indicate that the ac- niques, and require that such entities pro- paragraphs (1) and (2) and inserting ‘‘cockpit cident may have been caused by an inten- vide appropriate consideration for the rea- voice or video recorder’’; and tional criminal act, the Board shall relin- sonable costs of any facilities, goods, serv- (3) by inserting ‘‘or any written depiction quish investigative priority to the Federal ices, or training provided by the Board.’’. of visual information’’ after ‘‘transcript’’ in Bureau of Investigation. The relinquishment (b) DEPOSIT OF AMOUNTS.— the second sentence of paragraph (1). of investigative priority by the Board shall (1) Section 1113(b)(2) is amended— (b) SURFACE VEHICLE RECORDINGS AND not otherwise affect the authority of the (A) by inserting ‘‘as offsetting collections’’ TRANSCRIPTS.— Board to continue its investigation under after ‘‘to be credited’’; and (1) IN GENERAL.—Section 1114 is amended— this section. (B) by adding after ‘‘Board.’’ the following: (A) by redesignating subsections (d) and (e) ‘‘(C) If a Federal law enforcement agency ‘‘The Board shall maintain an annual record as subsections (e) and (f), respectively; and suspects and notifies the Board that an acci- of collections received under paragraph (1)(I) (B) by inserting after subsection (e) the fol- dent being investigated by the Board under of this subsection.’’. lowing: subparagraph (A), (B), (C), or (D) of para- (2) Section 1114(a) is amended— ‘‘(d) SURFACE VEHICLE RECORDINGS AND graph (1) may have been caused by an inten- (A) by inserting ‘‘(1)’’ before ‘‘Except’’; and TRANSCRIPTS.— tional criminal act, the Board, in consulta- (B) by adding at the end thereof the fol- ‘‘(1) CONFIDENTIALITY OF RECORDINGS.—The tion with the law enforcement agency, shall lowing: Board may not disclose publicly any part of take necessary actions to ensure that evi- ‘‘(2) The Board shall deposit in the Treas- a surface vehicle voice or video recorder re- dence of the criminal act is preserved.’’. ury amounts received under paragraph (1) to cording or transcript of oral communications (b) REVISION OF 1977 AGREEMENT.—Not later be credited to the appropriation of the Board by or among drivers, train employees, or than 1 year after the date of the enactment as offsetting collections.’’. other operating employees responsible for of this Act, the National Transportation (3) Section 1115(d) is amended by striking the movement and direction of the vehicle or Safety Board and the Federal Bureau of In- ‘‘of the ‘National Transportation Safety vessel, or between such operating employees vestigation shall revise their 1977 agreement Board, Salaries and Expenses’ ’’ and inserting and company communication centers, re- on the investigation of accidents to take ‘‘of the Board’’. lated to an accident investigated by the into account the amendments made by this SEC. 4. OVERTIME PAY. Board. However, the Board shall make public Act. Section 1113 is amended by adding at the any part of a transcript or any written depic- SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLAR- end the following: tion of visual information that the Board de- IFICATION. ‘‘(g) OVERTIME PAY.— cides is relevant to the accident— Section 1131(d) is amended by striking ‘‘(1) IN GENERAL.—Subject to the require- ‘‘(A) if the Board holds a public hearing on ‘‘1134(b)(2)’’ and inserting ‘‘1134 (a), (b), (d), ments of this section and notwithstanding the accident, at the time of the hearing; or and (f)’’. paragraphs (1) and (2) of section 5542(a) of ‘‘(B) if the Board does not hold a public SEC. 8. MEMORANDUM OF UNDERSTANDING. title 5, for an employee of the Board whose hearing, at the time a majority of the other Not later than 1 year after the date of the basic pay is at a rate which equals or exceeds factual reports on the accident are placed in enactment of this Act, the National Trans- the minimum rate of basic pay for GS–10 of the public docket. portation Safety Board and the United the General Schedule, the Board may estab- ‘‘(2) REFERENCES TO INFORMATION IN MAKING States Coast Guard shall revise their Memo- lish an overtime hourly rate of pay for the SAFETY RECOMMENDATIONS.—This subsection randum of Understanding governing major employee with respect to work performed at does not prevent the Board from referring at marine accidents— the scene of an accident (including travel to any time to voice or video recorder informa- (1) to redefine or clarify the standards used or from the scene) and other work that is tion in making safety recommendations.’’. to determine when the National Transpor- critical to an accident investigation in an (2) CONFORMING AMENDMENT.—The first sen- tation Safety Board will lead an investiga- amount equal to one and one-half times the tence of section 1114(a) is amended by strik- tion; and hourly rate of basic pay of the employee. All ing ‘‘and (e)’’ and inserting ‘‘(d), and (f)’’. (2) to develop new standards to determine of such amount shall be considered to be pre- (c) DISCOVERY AND USE OF COCKPIT AND when a major marine accident involves sig- mium pay. SURFACE VEHICLE RECORDINGS AND TRAN- nificant safety issues relating to Coast ‘‘(2) LIMITATION ON OVERTIME PAY TO AN EM- SCRIPTS.— Guard safety functions. PLOYEE.—An employee of the Board may not (1) IN GENERAL.—Section 1154 is amended— SEC. 9. TRAVEL BUDGETS. receive overtime pay under paragraph (1), for (A) by striking the section heading and in- The Chairman of the National Transpor- work performed in a calendar year, in an serting the following: tation Safety Board shall establish annual amount that exceeds 15 percent of the annual ‘‘§ 1154. Discovery and use of cockpit and fiscal year budgets for non-accident-related rate of basic pay of the employee for such surface vehicle recordings and transcripts; travel expenditures for Board members calendar year. which shall be approved by the Board and (B) by striking ‘‘cockpit voice recorder’’ ‘‘(3) LIMITATION ON TOTAL AMOUNT OF OVER- submitted to the Senate Committee on Com- each place it appears in subsection (a) and TIME PAY.—The Board may not make over- merce, Science, and Transportation and to inserting ‘‘cockpit or surface vehicle re- time payments under paragraph (1) for work the House of Representatives Committee on corder’’; performed in any fiscal year in a total Transportation and Infrastructure together (C) by striking ‘‘section 1114(c)’’ each place amount that exceeds 1.5 percent of the with an annual report detailing the non-acci- it appears in subsection (a) and inserting amount appropriated to carry out this chap- dent-related travel of each Board member. ‘‘section 1114(c) or 1114(d)’’; and ter for that fiscal year. The report shall include separate accounting (D) by adding at the end the following: ‘‘(4) BASIC PAY DEFINED.—In this sub- for foreign and domestic travel, including ‘‘(6) In this subsection: section, the term ‘basic pay’ includes any ap- any personnel or other expenses associated ‘‘(A) RECORDER.—The term ‘recorder’ plicable locality-based comparability pay- with that travel. means a voice or video recorder. ment under section 5304 of title 5 (or similar SEC. 10. CHIEF FINANCIAL OFFICER. ‘‘(B) TRANSCRIPT.—The term ‘transcript’ provision of law) and any special rate of pay Section 1111 is amended— under section 5305 of title 5 (or similar provi- includes any written depiction of visual in- formation obtained from a video recorder.’’. (1) by redesignating subsection (h) as sub- sion of law). section (i); and (2) CONFORMING AMENDMENT.—The chapter ‘‘(5) ANNUAL REPORT.—Not later than Janu- (2) by inserting after subsection (g) the fol- ary 31, 2002, and annually thereafter, the analysis for chapter 11 is amended by strik- ing the item relating to section 1154 and in- lowing: Board shall transmit to the Senate Com- ‘‘(h) CHIEF FINANCIAL OFFICER.—The Chair- serting the following: mittee on Commerce, Science, and Transpor- man shall designate an officer or employee tation and the House Transportation and In- ‘‘1154. Discovery and use of cockpit and sur- of the Board as the Chief Financial Officer. frastructure Committee a report identifying face vehicle recordings and The Chief Financial Officer shall— the total amount of overtime payments transcripts.’’. ‘‘(1) report directly to the Chairman on fi- made under this subsection in the preceding SEC. 6. PRIORITY OF INVESTIGATIONS. nancial management and budget execution; fiscal year, and the number of employees (a) IN GENERAL.—Section 1131(a)(2) is ‘‘(2) direct, manage, and provide policy whose overtime pay under this subsection amended— guidance and oversight on financial manage- was limited in that fiscal year as a result of (1) by striking ‘‘(2) An investigation’’ and ment and property and inventory control; the 15 percent limit established by paragraph inserting: and (2).’’. ‘‘(2)(A) Subject to the requirements of this ‘‘(3) review the fees, rents, and other SEC. 5. RECORDERS. paragraph, an investigation’’; and charges imposed by the Board for services (a) COCKPIT VIDEO RECORDINGS.—Section (2) by adding at the end the following: and things of value it provides, and suggest 1114(c) is amended— ‘‘(B) If the Attorney General, in consulta- appropriate revisions to those charges to re- (1) by striking ‘‘VOICE’’ in the subsection tion with the Chairman of the Board, deter- flect costs incurred by the Board in pro- heading; mines and notifies the Board that cir- viding those services and things of value.’’.

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 20816 CONGRESSIONAL RECORD—SENATE October 4, 2000 SEC. 11. IMPROVED AUDIT PROCEDURES. shall take into account any time spent by RECOGNIZING THE 25th ANNIVER- The National Transportation Safety Board, that individual operating a public aircraft as SARY OF THE ENACTMENT OF in consultation with the Inspector General of defined in section 40102 of title 49, United THE EDUCATION FOR ALL the Department of Transportation, shall de- States Code, if that aircraft is— HANDICAPPED CHILDREN ACT OF velop and implement comprehensive internal (1) identifiable by category and class; and audit controls for its financial programs (2) used in law enforcement activities. 1975 based on the findings and recommendations SEC. 15. TECHNICAL CORRECTION. MR. FITZGERALD. Mr. President, I of the private sector audit firm contract en- Section 46301(d)(2) of title 49, United States ask unanimous consent that the Sen- tered into by the Board in March, 2000. The Code, is amended by striking ‘‘46302, 46303,’’ ate proceed to the immediate consider- improved internal audit controls shall, at a and inserting ‘‘46301(b), 46302, 46303, 46318,’’. ation of Calendar No. 829, H. Con. Res. minimum, address Board asset management SEC. 16. CONFIRMATION OF INTERIM FINAL systems, including systems for accounting 399. RULE ISSUANCE UNDER SECTION The PRESIDING OFFICER. The management, debt collection, travel, and 45301. clerk will report the resolution by property and inventory management and The publication, by the Department of control. Transportation, Federal Aviation Adminis- title. SEC. 12. AUTHORITY OF THE INSPECTOR GEN- tration, in the Federal Register of June 6, The legislative clerk read as follows: ERAL. 2000 (65 FR 36002) of an interim final rule A concurrent resolution (H. Con. Res. 399) (a) IN GENERAL.—Subchapter III of chapter concerning Fees for FAA Services for Cer- recognizing the 25th anniversary of the en- 11 of subtitle II is amended by adding at the tain Flights (Docket No. FAA–00–7018) is actment of the Education for All Handi- end the following: deemed to have been issued in accordance capped Children Act of 1975. ‘‘§ 1137. Authority of the Inspector General with the requirements of section 45301(b)(2) There being no objection, the Senate ‘‘(a) IN GENERAL.—The Inspector General of of title 49, United States Code. proceeded to consider the concurrent the Department of Transportation, in ac- SEC. 17. AERONAUTICAL CHARTING. resolution. cordance with the mission of the Inspector (a) IN GENERAL.—Section 44721 of title 49, Mr. FITZGERALD. I ask unanimous General to prevent and detect fraud and United States Code, is amended— consent the resolution be agreed to, abuse, shall have authority to review only (1) by striking paragraphs (3) and (4) of the financial management, property manage- subsection (c); and the preamble be agreed to, the motion ment, and business operations of the Na- (2) by adding at the end of subsection (g)(1) to reconsider be laid upon the table, tional Transportation Safety Board, includ- the following: and any statements relating to this ing internal accounting and administrative ‘‘(D) CONTINUATION OF PRICES.—The price of resolution be printed in the RECORD. control systems, to determine compliance any product created under subsection (d) The PRESIDING OFFICER. Without with applicable Federal laws, rules, and reg- may correspond to the price of a comparable objection, it is so ordered. ulations. product produced by a department of the The concurrent resolution (H. Con. ‘‘(b) DUTIES.—In carrying out this section, United States Government as that price was Res. 399) was agreed to. the Inspector General shall— in effect on September 30, 2000, and may re- The preamble was agreed to. ‘‘(1) keep the Chairman of the Board and main in effect until modified by regulation Congress fully and currently informed about under section 9701 of title 31, United States f problems relating to administration of the Code.’’; and WILLIAM H. NATCHER BRIDGE internal accounting and administrative con- (3) by adding at the end of subsection (g) trol systems of the Board; the following: Mr. FITZGERALD. Mr. President, I ‘‘(2) issue findings and recommendations (5) CREDITING AMOUNTS RECEIVED.—Not- ask unanimous consent that the Sen- for actions to address such problems; and withstanding any other provision of law, ate now proceed to the consideration of ‘‘(3) report periodically to Congress on any amounts received for the sale of products Calendar No. 846, H.R. 1162. progress made in implementing actions to created and services performed under this The PRESIDING OFFICER. The address such problems. section shall be fully credited to the account clerk will report the bill by title. ‘‘(c) ACCESS TO INFORMATION.—In carrying of the Federal Aviation Administration that The legislative clerk read as follows: out this section, the Inspector General may funded the provision of the products or serv- exercise authorities granted to the Inspector ices and shall remain available until ex- A bill (H.R. 1162) to designate the bridge on General under subsections (a) and (b) of sec- pended. United States Route 231 that crosses the Ohio River between Maceo, Kentucky, and tion 6 of the Inspector General Act of 1978 (5 (b) EFFECTIVE DATE.—The amendments U.S.C. App.). made by subsection (a) take effect on Octo- Rockport, Indiana, as the ‘‘William H. ‘‘(d) REIMBURSEMENT.—The Inspector Gen- ber 1, 2000. Natcher Bridge.’’ eral shall be reimbursed by the Board for the There being no objection, the Senate costs associated with carrying out activities f proceeded to consider the bill. under this section.’’. Mr. FITZGERALD. I ask unanimous (b) CONFORMING AMENDMENT.—The sub- THE CALENDAR chapter analysis for such subchapter is consent the bill be read the third time amended by adding at the end the following: The PRESIDING OFFICER. The Sen- and passed, the motion to reconsider be ‘‘1137. Authority of the Inspector General.’’. ator from Illinois. laid upon the table, and any state- SEC. 13. AUTHORIZATION OF APPROPRIATIONS. Mr. FITZGERALD. Mr. President, I ments relating to the bill be printed in Section 1118 is amended to read as follows: will resume my filibuster on the Inte- the RECORD. The PRESIDING OFFICER. Without ‘‘§ 1118. Authorization of appropriations rior appropriations conference com- objection, it is so ordered. ‘‘(a) IN GENERAL.—There are authorized to mittee report. But the majority leader be appropriated for the purposes of this chap- has asked me to take care of a few The bill (H.R. 1162) was read the third ter $57,000,000 for fiscal year 2000, $65,000,000 housekeeping matters in the mean- time and passed. for fiscal year 2001, and $72,000,000 for fiscal time. I want to do that for the informa- f year 2002, such sums to remain available tion of all Senators, before they go J. SMITH HENLEY FEDERAL until expended. home for the evening. ‘‘(b) EMERGENCY FUND.—The Board has an BUILDING emergency fund of $2,000,000 available for f Mr. FITZGERALD. Mr. President, I necessary expenses of the Board, not other- ask unanimous consent the Senate now wise provided for, for accident investiga- APPOINTMENT proceed to the consideration of Cal- tions. Amounts equal to the amounts ex- endar No. 847, H.R. 1605. pended annually out of the fund are author- The PRESIDING OFFICER. The The PRESIDING OFFICER. The ized to be appropriated to the emergency Chair, on behalf of the President pro clerk will report the bill by title. fund.’’. tempore, and in consultation with the The legislative clerk read as follows: SEC. 14. CREDITING OF LAW ENFORCEMENT chairman and the ranking minority FLIGHT TIME. member of the Finance Committee, A bill (H.R. 1605) to designate the Federal In determining whether an individual Building and United States Courthouse lo- meets the aeronautical experience require- pursuant to Public Law 103–296, ap- cated at 402 North Walnut Street in Har- ments imposed under section 44703 of title 49, points David Podoff, of Maryland, as a rison, Arkansas, as the ‘‘J. Smith Henley United States Code, for an airman certificate member of the Social Security Advi- Federal Building and United States Court- or rating, the Secretary of Transportation sory Board, vice Lori L. Hansen. house.’’

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.002 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20817 There being no objection, the Senate The legislative clerk read as follows: A bill (H.R. 4002) to amend the Foreign As- proceeded to consider the bill. A bill (H.R. 4318) to establish the Red River sistance Act of 1961 to revise and improve Mr. FITZGERALD. I ask unanimous National Wildlife Refuge. provisions relating to famine prevention and freedom from hunger. consent the bill be read the third time There being no objection, the Senate and passed, the motion to reconsider be There being no objection, the Senate proceeded to consider the bill. proceeded to consider the bill, which laid upon the table, and any state- Mr. FITZGERALD. Mr. President, I ments relating to the bill be printed in had been reported from the Committee ask unanimous consent that the bill be on Foreign Relations, with an amend- the RECORD. read the third time and passed, the mo- ment. [Strike out all after the enacting The PRESIDING OFFICER. Without tion to reconsider be laid upon the clause and insert the part printed in objection, it is so ordered. table, and that any statements relating italic]. The bill (H.R. 1605) was read the third to the bill be printed in the RECORD. SECTION 1. SHORT TITLE. time and passed. The PRESIDING OFFICER. Without This Act may be cited as the ‘‘Famine Preven- f objection, it is so ordered. tion and Freedom From Hunger Improvement Act of 2000’’. CARL ELLIOTT FEDERAL The bill (H.R. 4318) was read the third time and passed. SEC. 2. GENERAL PROVISIONS. BUILDING (a) DECLARATIONS OF POLICY.—(1) The first Mr. FITZGERALD. Mr. President, I f sentence of section 296(a) of the Foreign Assist- ask unanimous consent the Senate now SEQUENTIAL REFERRAL—S. 2917 ance Act of 1961 (22 U.S.C. 2220a(a)) is amended proceed to the consideration of Cal- to read as follows: ‘‘The Congress declares that, Mr. FITZGERALD. Mr. President, I in order to achieve the mutual goals among na- endar No. 848, H.R. 4806. ask unanimous consent that when the tions of ensuring food security, human health, The PRESIDING OFFICER. The Committee on Indian Affairs reports S. agricultural growth, trade expansion, and the clerk will report the bill by title. 2917, a bill to settle the land claims of wise and sustainable use of natural resources, The legislative clerk read as follows: the Pueblo of Santa Domingo, the bill the United States should mobilize the capacities A bill (H.R. 4806) to designate the Federal of the United States land-grant universities, be referred to the Energy Committee other eligible universities, and public and pri- Building located at 1710 Alabama Avenue in for a period not to exceed 7 days; fur- Jasper, Alabama, as the ‘‘Carl Elliot Federal vate partners of universities in the United States Building’’. ther, I ask unanimous consent that if and other countries, consistent with sections 103 the Energy Committee has not re- and 103A of this Act, for: (1) global research on There being no objection, the Senate ported the measure prior to the expira- problems affecting food, agriculture, forestry, proceeded to consider the bill. tion of the 7-day period, the bill be and fisheries; (2) improved human capacity and Mr. FITZGERALD. I ask unanimous automatically discharged and placed institutional resource development for the global consent the bill be read the third time on the calendar. application of agricultural and related environ- and passed, the motion to reconsider be mental sciences; (3) agricultural development The PRESIDING OFFICER. Without laid upon the table, and any state- and trade research and extension services in the objection, it is so ordered. ments relating to the bill be printed in United States and other countries to support the entry of rural industries into world markets; the RECORD. f and (4) providing for the application of agricul- The PRESIDING OFFICER. Without MAKING CERTAIN PERSONNEL tural sciences to solving food, health, nutrition, objection, it is so ordered. FLEXIBILITIES AVAILABLE rural income, and environmental problems, espe- The bill (H.R. 4806) was read the third Mr. FITZGERALD. Mr. President, I cially such problems in low-income, food deficit time and passed. countries.’’. ask unanimous consent that the Gov- f (2) The second sentence of section 296(a) of ernmental Affairs Committee be dis- the Foreign Assistance Act of 1961 (22 U.S.C. OWEN B. PICKETT U.S. charged from further consideration of 2220a(a)) is amended— CUSTOMHOUSE H.R. 4642 and the Senate then proceed (A) by redesignating paragraphs (1) through to its immediate consideration. (7) as subparagraphs (A) through (G), respec- Mr. FITZGERALD. I ask unanimous tively; consent the Senate proceed to the im- The PRESIDING OFFICER. Without (B) in subparagraph (A) (as redesignated), by mediate consideration of H.R. 5284, objection, it is so ordered. striking ‘‘in this country’’ and inserting ‘‘with which is at the desk. The clerk will report the bill by title. and through the private sector in this country The PRESIDING OFFICER. The The legislative clerk read as follows: and to understanding processes of economic de- clerk will report the bill by title. A bill (H.R. 4642) to make certain personnel velopment’’; (C) in subparagraph (B) (as redesignated), to The legislative clerk read as follows: flexibilities available with respect to the General Accounting Office, and for other read as follows: A bill (H.R. 5284) to designate the U.S. cus- purposes. ‘‘(B) that land-grant and other universities in tomhouse located at 101 East Main Street in the United States have demonstrated over many Norfolk, Virginia, as the ‘‘Owen B. Pickett There being no objection, the Senate years their ability to cooperate with inter- U.S. Customhouse.’’ proceeded to consider the bill. national agencies, educational and research in- There being no objection, the Senate Mr. FITZGERALD. Mr. President, I stitutions in other countries, the private sector, proceeded to consider the bill. ask unanimous consent that the bill be and nongovernmental organizations worldwide, read the third time and passed, the mo- in expanding global agricultural production, Mr. FITZGERALD. I ask unanimous processing, business and trade, to the benefit of consent the bill be read three times, tion to reconsider be laid upon the table, and that any statements relating aid recipient countries and of the United passed, the motion to reconsider be States;’’; laid upon the table, with no inter- to the bill be printed in the RECORD. (D) in subparagraph (C) (as redesignated), to vening action or debate. The PRESIDING OFFICER. Without read as follows: The PRESIDING OFFICER. Without objection, it is so ordered. The bill ‘‘(C) that, in a world of growing populations objection, it is so ordered. (H.R. 4642) was read the third time and with rising expectations, increased food produc- passed. tion and improved distribution, storage, and The bill (H.R. 5284) was read the third marketing in the developing countries is nec- time and passed. f essary not only to prevent hunger and ensure f AMENDING THE FOREIGN human health and child survival, but to build the basis for economic growth and trade, and RED RIVER NATIONAL WILDLIFE ASSISTANCE ACT OF 1961 the social security in which democracy and a REFUGE ACT Mr. FITZGERALD. Mr. President, I market economy can thrive, and moreover, that Mr. FITZGERALD. Mr. President, I ask unanimous consent that the Sen- the greatest potential for increasing world food ask unanimous consent that the Sen- ate now proceed to the consideration of supplies and incomes to purchase food is in the ate proceed to the consideration of Cal- Calendar No. 913, H.R. 4002. developing countries where the gap between food need and food supply is the greatest and endar No. 909, H.R. 4318. The PRESIDING OFFICER. The current incomes are lowest;’’; The PRESIDING OFFICER. The clerk will report the bill by title. (E) by striking subparagraphs (E) and (G) (as clerk will report the bill by title. The legislative clerk read as follows: redesignated);

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00084 Fmt 0686 Sfmt 6333 E:\BR00\S04OC0.002 S04OC0 20818 CONGRESSIONAL RECORD—SENATE October 4, 2000 (F) by striking ‘‘and’’ at the end of subpara- exchanges, graduate assistantships, faculty po- tions, nongovernmental organizations, firms op- graph (F) (as redesignated); sitions, and other means of education and ex- erated for profit, nonprofit organizations, multi- (G) by redesignating subparagraph (F) as sub- tension through long-term recurring Federal national banks, and, as designated by the Ad- paragraph (G); and funds matched by State funds; and ministrator, any organization, institution, or (H) by inserting after subparagraph (D) the ‘‘(6) competitive grants through universities to agency incorporated in other countries.’’. following: United States agriculturalists and public and (g) DEFINITION OF AGRICULTURE.—Section 296 ‘‘(E) that, with expanding global markets and private partners of universities from other coun- of the Foreign Assistance Act of 1961 (22 U.S.C. increasing imports into many countries, includ- tries for research, institution and policy devel- 2220a) is amended by adding at the end the fol- ing the United States, food safety and quality, opment, extension, training, and other programs lowing: as well as secure supply, have emerged as mu- for global agricultural development, trade, and ‘‘(g) As used in this title, the term ‘agri- tual concerns of all countries; responsible management of natural resources.’’. culture’ includes the science and practice of ac- ‘‘(F) that research, teaching, and extension (c) SENSE OF THE CONGRESS.—Section 296(c) of tivity related to food, feed, and fiber production, activities, and appropriate institutional and pol- the Foreign Assistance Act of 1961 (22 U.S.C. processing, marketing, distribution, utilization, icy development therefore are prime factors in 2220a(c)) is amended— and trade, and also includes family and con- improving agricultural production, food dis- (1) in paragraph (1), by striking ‘‘each compo- sumer sciences, nutrition, food science and engi- tribution, processing, storage, and marketing nent’’ and inserting ‘‘each of the program com- neering, agricultural economics and other social abroad (as well as in the United States);’’; ponents described in paragraphs (1) through (6) sciences, forestry, wildlife, fisheries, aqua- (I) in subparagraph (G) (as redesignated), by of subsection (b)’’; culture, floraculture, veterinary medicine, and striking ‘‘in the United States’’ and inserting (2) in paragraph (2)— other environmental and natural resources ‘‘and the broader economy of the United (A) by inserting ‘‘and public and private part- sciences.’’. States’’; and ners of universities’’ after ‘‘for the universities’’; (h) DEFINITION OF AGRICULTURISTS.—Section (J) by adding at the end the following: and 296 of the Foreign Assistance Act of 1961 (22 ‘‘(H) that there is a need to responsibly man- (B) by striking ‘‘and’’ at the end; U.S.C. 2220a) is amended by adding at the end age the world’s natural resources for sustained (3) in paragraph (3)— the following: productivity, health and resilience to climate (A) by inserting ‘‘and public and private part- ‘‘(h) As used in this title, the term ‘agricultur- variability; and ners of universities’’ after ‘‘such universities’’; ists’ includes farmers, herders, and livestock ‘‘(I) that universities and public and private (B) in subparagraph (A), by striking ‘‘, and’’ producers, individuals who fish and others em- partners of universities need a dependable and inserting a semicolon; ployed in cultivating and harvesting food re- source of funding in order to increase the im- (C) in subparagraph (B), by striking the sources from salt and fresh waters, individuals pact of their own investments and those of their comma at the end and inserting a semicolon; who cultivate trees and shrubs and harvest non- State governments and constituencies, in order (D) by striking the matter following subpara- timber forest products, as well as the processors, to continue and expand their efforts to advance graph (B); and managers, teachers, extension specialists, re- agricultural development in cooperating coun- (E) by adding at the end the following: searchers, policymakers, and others who are en- tries, to translate development into economic ‘‘(C) multilateral banks and agencies receiving gaged in the food, feed, and fiber system and its growth and trade for the United States and co- United States funds; relationships to natural resources.’’. operating countries, and to prepare future ‘‘(D) development agencies of other countries; SEC. 3. GENERAL AUTHORITY. teachers, researchers, extension specialists, en- and (a) AUTHORIZATION OF ASSISTANCE.—Section trepreneurs, managers, and decisionmakers for ‘‘(E) United States Government foreign assist- 297(a) of the Foreign Assistance Act of 1961 (22 the world economy.’’. ance and economic cooperation programs;’’; and U.S.C. 2220b(a)) is amended— (b) ADDITIONAL DECLARATIONS OF POLICY.— (4) by adding at the end the following: (1) in paragraph (1), to read as follows: Section 296(b) of the Foreign Assistance Act of ‘‘(4) generally engage the United States uni- ‘‘(1) to implement program components 1961 (22 U.S.C. 2220a(b)) is amended to read as versity community more extensively in the agri- through United States universities as authorized follows: cultural research, trade, and development ini- by paragraphs (2) through (5) of this sub- ‘‘(b) Accordingly, the Congress declares that, tiatives undertaken outside the United States, section;’’; in order to prevent famine and establish freedom with the objectives of strengthening its capacity (2) in paragraph (3), to read as follows: from hunger, the following components must be to carry out research, teaching, and extension ‘‘(3) to provide long-term program support for brought together in a coordinated program to activities for solving problems in food produc- United States university global agricultural and increase world food and fiber production, agri- tion, processing, marketing, and consumption in related environmental collaborative research cultural trade, and responsible management of agriculturally developing nations, and for and learning opportunities for students, teach- natural resources, including— transforming progress in global agricultural re- ers, extension specialists, researchers, and the ‘‘(1) continued efforts by the international ag- search and development into economic growth, general public;’’; and ricultural research centers and other inter- trade, and trade benefits for aid recipient coun- (3) in paragraph (4)— national research entities to provide a global tries and United States communities and indus- (A) by inserting ‘‘United States’’ before ‘‘uni- network, including United States universities, tries, and for the wise use of natural resources; versities’’; for international scientific collaboration on and (B) by inserting ‘‘agricultural’’ before ‘‘re- crops, livestock, forests, fisheries, farming re- ‘‘(5) ensure that all federally funded support search centers’’; and sources, and food systems of worldwide impor- to universities and public and private partners (C) by striking ‘‘and the institutions of agri- tance; of universities relating to the goals of this title culturally developing nations’’ and inserting ‘‘(2) contract research and the implementation is periodically reviewed for its performance.’’. ‘‘multilateral banks, the institutions of agri- of collaborative research support programs and (d) DEFINITION OF UNIVERSITIES.—Section culturally developing nations, and United other research collaboration led by United 296(d) of the Foreign Assistance Act of 1961 (22 States and foreign nongovernmental organiza- States universities, and involving research sys- U.S.C. 2220a(d)) is amended— tions supporting extension and other produc- tems in other countries focused on crops, live- (1) by inserting after ‘‘sea-grant colleges;’’ the tivity-enhancing programs’’. stock, forests, fisheries, farming resources, and following: ‘‘Native American land-grant colleges (b) REQUIREMENTS.—Section 297(b) of the For- food systems, with benefits to the United States as authorized under the Equity in Educational eign Assistance Act of 1961 (22 U.S.C. 2220b(b)) and partner countries; Land-Grant Status Act of 1994 (7 U.S.C. 301 is amended— ‘‘(3) broadly disseminating the benefits of note);’’; and (1) in paragraph (1)— global agricultural research and development (2) in paragraph (1), by striking ‘‘extension’’ (A) in the matter preceding subparagraph (A), including increased benefits for United States and inserting ‘‘extension (including outreach)’’. by striking ‘‘universities’’ and inserting ‘‘United agriculturally related industries through estab- (e) DEFINITION OF ADMINISTRATOR.—Section States universities with public and private part- lishment of development and trade information 296(e) of the Foreign Assistance Act of 1961 (22 ners of universities’’; and and service centers, for rural as well as urban U.S.C. 2220a(e)) is amended by inserting (B) in subparagraph (C)— communities, through extension, cooperatively ‘‘United States’’ before ‘‘Agency’’. (i) by inserting ‘‘, environment,’’ before ‘‘and with, and supportive of, existing public and pri- (f) DEFINITION OF PUBLIC AND PRIVATE PART- related’’; and vate trade and development related organiza- NERS OF UNIVERSITIES.—Section 296 of the For- (ii) by striking ‘‘farmers and farm families’’ tions; eign Assistance Act of 1961 (22 U.S.C. 2220a) is and inserting ‘‘agriculturalists’’; ‘‘(4) facilitation of participation by univer- amended by adding at the end the following: (2) in paragraph (2), by inserting ‘‘, including sities and public and private partners of univer- ‘‘(f) As used in this title, the term ‘public and resources of the private sector,’’ after ‘‘Federal sities in programs of multilateral banks and private partners of universities’ includes entities or State resources’’; and agencies which receive United States funds; that have cooperative or contractual agreements (3) in paragraph (3), by striking ‘‘and the ‘‘(5) expanding learning opportunities about with universities, which may include formal or United States Department of Agriculture’’ and global agriculture for students, teachers, com- informal associations of universities, other edu- all that follows and inserting ‘‘, the Department munity leaders, entrepreneurs, and the general cation institutions, United States Government of Agriculture, State agricultural agencies, the public through international internships and and State agencies, private voluntary organiza- Department of Commerce, the Department of the

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00085 Fmt 0686 Sfmt 6333 E:\BR00\S04OC0.003 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20819 Interior, the Environmental Protection Agency, ‘‘(9) investigating and resolving issues con- following the prayer, the Journal of the Office of the United States Trade Represent- cerning implementation of this title as requested proceedings be approved to date, the ative, the Food and Drug Administration, other by universities; and time for the two leaders be reserved for appropriate Federal agencies, and appropriate ‘‘(10) advising the Administrator on any and their use later in the day, and the Sen- nongovernmental and business organizations.’’. all issues as requested.’’. (c) FURTHER REQUIREMENTS.—Section 297(c) (d) SUBORDINATE UNITS.—Section 298(d) of the ate then resume consideration of H.J. of the Foreign Assistance Act of 1961 (22 U.S.C. Foreign Assistance Act of 1961 (22 U.S.C. Res. 110, the continuing resolution, 2220b(c)) is amended— 2220c(d)) is amended— under the previous order. (1) in paragraph (2), to read as follows: (1) in paragraph (1)— The PRESIDING OFFICER. Without ‘‘(2) focus primarily on the needs of agricul- (A) by striking ‘‘Research’’ and insert ‘‘Pol- objection, it is so ordered. tural producers, rural families, processors, trad- icy’’; f ers, consumers, and natural resources man- (B) by striking ‘‘administration’’ and insert- agers;’’; and ing ‘‘design’’; and PROGRAM (2) in paragraph (4), to read as follows: (C) by striking ‘‘section 297(a)(3) of this title’’ Mr. FITZGERALD. For the informa- ‘‘(4) be carried out within the developing and inserting ‘‘section 297’’; and countries and transition countries comprising (2) in paragraph (2)— tion of all Senators, the Senate will newly emerging democracies and newly liberal- (A) by striking ‘‘Joint Committee on Country begin closing remarks on the con- ized economies; and’’. Programs’’ and inserting ‘‘Joint Operations tinuing resolution at 9:30 a.m. tomor- (d) SPECIAL PROGRAMS.—Section 297 of the Committee’’; and row. Under the order, there will be ap- Foreign Assistance Act of 1961 (22 U.S.C. 2220b) (B) by striking ‘‘which shall assist’’ and all proximately 30 minutes equally divided is amended by adding at the end the following that follows and inserting ‘‘which shall assist in on the resolution, with a vote on adop- new subsection: and advise on the mechanisms and processes for tion of the resolution scheduled to ‘‘(e) The Administrator shall establish and implementation of activities described in section occur at 10 a.m. carry out special programs under this title as 297.’’. part of ongoing programs for child survival, de- Following the vote, the Senate is ex- SEC. 5. ANNUAL REPORT. pected to resume consideration of the mocratization, development of free enterprise, Section 300 of the Foreign Assistance Act of environmental and natural resource manage- 1961 (22 U.S.C. 2220e) is amended by striking conference report to accompany the In- ment, and other related programs.’’. ‘‘April 1’’ and inserting ‘‘September 1’’. terior appropriations bill. The Senate SEC. 4. BOARD FOR INTERNATIONAL FOOD AND may also begin consideration of any AMENDMENT NO. 4289 AGRICULTURAL DEVELOPMENT. other appropriations bills available for Mr. FITZGERALD. Mr. President, (a) ESTABLISHMENT.—Section 298(a) of the action; therefore, Senators should be Senator HAGEL has a technical amend- Foreign Assistance Act of 1961 (22 U.S.C. prepared for votes throughout the day. 2220c(a)) is amended in the third sentence, by ment at the desk, and I ask for its con- inserting at the end before the period the fol- sideration. f lowing: ‘‘on a case-by-case basis’’. The PRESIDING OFFICER. The DEPARTMENT OF THE INTERIOR (b) GENERAL AREAS OF RESPONSIBILITY OF THE clerk will report. AND RELATED AGENCIES APPRO- BOARD.—Section 298(b) of the Foreign Assist- The legislative clerk read as follows: PRIATIONS ACT, 2001—CON- ance Act of 1961 (22 U.S.C. 2220c(b)) is amended to read as follows: The Senator from Illinois [Mr. FITZ- FERENCE REPORT—Continued ‘‘(b) The Board’s general areas of responsi- GERALD], for Mr. HAGEL, proposes an amend- Mr. FITZGERALD. Mr. President, at bility shall include participating in the plan- ment numbered 4289. this time I would like to return to our ning, development, and implementation of, initi- The amendment is as follows: discussion of the Abraham Lincoln ating recommendations for, and monitoring, the Presidential Library, which is a project activities described in section 297 of this title.’’. (Purpose: To include in the statement of policies that there is a need to responsibly (c) DUTIES OF THE BOARD.—Section 298(c) of in the Interior conference committee the Foreign Assistance Act of 1961 (22 U.S.C. manage the world’s agricultural, as well report that we have been discussing 2220c(c)) is amended— as, natural resources for sustained produc- from time to time throughout the day. (1) in paragraph (2)— tivity, health and resilience to climate I spoke earlier, for several hours, (A) in subparagraph (A), by striking ‘‘increase variability) about concerns I have had with the lan- food production’’ and all that follows and in- On page 23, line 2, insert ‘‘agricultural guage in the conference committee re- serting the following: ‘‘improve agricultural pro- and’’ after ‘‘world’s’’. port. The language authorizes $50 mil- duction, trade, and natural resource manage- Mr. FITZGERALD. Mr. President, I lion in Federal expenditures for the li- ment in developing countries, and with private ask unanimous consent that the brary in Springfield. It says that the organizations seeking to increase agricultural amendment be agreed to. production and trade, natural resources man- purpose of those expenditures would be agement, and household food security in devel- The amendment (No. 4289) was agreed for the construction of the library, for oping and transition countries;’’; and to. planning, design, acquiring, and con- (B) in subparagraph (B), by inserting before Mr. FITZGERALD. Mr. President, I structing the library. But it is inter- ‘‘sciences’’ the following: ‘‘, environmental, and ask unanimous consent the committee esting; the actual language in the au- related social’’; substitute amendment, as amended, be thorization does not say who is getting (2) in paragraph (4), after ‘‘Administrator and agreed to, the bill be read a third time the money. It says that the $50 million universities’’ insert ‘‘and their partners’’; and passed, as amended, the motion to would be going to an entity that would (3) in paragraph (5), after ‘‘universities’’ in- reconsider be laid upon the table, and sert ‘‘and public and private partners of univer- be selected later. sities’’; that any statements relating to the So the Senate and the House have a (4) in paragraph (6), by striking ‘‘and’’ at the bill be printed in the RECORD. conference committee report before us end; The PRESIDING OFFICER. Without with a $50 million authorization for the (5) in paragraph (7), by striking ‘‘in the devel- objection, it is so ordered. library in Springfield, IL, but we do oping nations.’’ and inserting ‘‘and natural re- The committee substitute, as amend- not know to whom we are going to give source issues in the developing nations, assuring ed, was agreed to. the money. efficiency in use of Federal resources, including The bill (H.R. 4002), as amended, was When I saw this language earlier on, in accordance with the Governmental Perform- read the third time and passed. ance and Results Act of 1993 (Public Law 103– when the authorizing bill came from 62; 107 Stat. 285), and the amendments made by f the House to my Senate committee, I that Act;’’; and saw that as a problem. I saw it also as (6) by adding at the end the following: ORDERS FOR THURSDAY, OCTOBER a problem that there was no require- ‘‘(8) developing information exchanges and 5, 2000 ment that the construction project be consulting regularly with nongovernmental or- Mr. FITZGERALD. Mr. President, I competitively bid. ganizations, consumer groups, producers, agri- ask unanimous consent that when the I thought, what if this money falls businesses and associations, agricultural co- operatives and commodity groups, State depart- Senate completes its business today, it into the hands of a private entity? The ments of agriculture, State agricultural research recess until the hour of 9:30 a.m., on entity in the bill could apparently be and extension agencies, and academic institu- Thursday, October 5. I further ask con- private or public. There is no restric- tions; sent that on Thursday, immediately tion in the bill that it can only go to a

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.003 S04OC0 20820 CONGRESSIONAL RECORD—SENATE October 4, 2000 public entity. There is no suggestion in quire it. They said they couldn’t do loans shall have authority to adopt its proce- the bill that the money has to go to things that were not competitively bid. dures, rules, project statements, drawings, the State of Illinois. That is nice they put that in their let- maps, surveys, plans, specifications, contract ter, but their letter is flatly contra- terms, estimates, bid forms, bond forms, and I thought, we have to take care to other documents or practices to comply with make sure that we have protections in dicted by their statute. The statute the regulations, policies, and procedures of there for the taxpayer, so that this that governs the Capital Development the designated authority, administration, or money cannot be spent improperly. Board has a clear opt-out so that the department of the United States, in order to Senator DURBIN came in and spoke State can just opt out of competitively remain eligible for such federal-aid funds, earlier. He said that he supports a bid- biding this project. Fifty million dol- grants, or loans. ding process with integrity, as do I. I lars in taxpayer money is a lot of HISTORICAL AND STATUTORY NOTES appreciate Senator DURBIN’s support money. Section 99–5 of P.A. 90–572, Article 99, ap- and the support I have had from all of The one issue Senator DURBIN men- proved Feb. 6, 1998, provides: ‘‘Effective date and transition. This Arti- my 99 colleagues in the Senate, where tioned concerned the attachment of Federal competitive bid guidelines to cle, Sections 1–15 through 1–15.115 of Article we have gone on record by passing leg- 1, and Article 50 take effect upon becoming islation over to the House that says the this project in Springfield, to make law. Articles 1 through 45 and 53 through 95 Senate thinks it is a good idea that sure it was properly applied and that take effect January 1, 1998, solely for the this $50 million authorization for the we didn’t have political influence in purpose of allowing the promulgation of Lincoln Library in Springfield, IL, re- the awarding of the many contracts rules to implement the Illinois Procurement quires that the project be competi- that would be given out. There is, after Code. The Procurement Policy Board estab- all, $120 million of taxpayer money, lished in Article 5 may be appointed as of tively bid in accordance with the com- January 1, 1998, and until July 1, 1998, shall prehensive Federal competitive bid when you include the State of Illinois money, the Federal money, the city of act only to review proposed purchasing rules. guidelines. I thank all my colleagues in Springfield money, and any private Articles 1 through 45 and 53 through 95 for all the Senate for their support on that other purposes take effect on July 1, 1998.’’ money that is contributed to the proposition. For applicable effective date of laws provi- project. That is a lot of money. You I talked to many of my colleagues in sions in Illinois governing § 99–5 of P.A. 90– would think you would want careful the last couple weeks about this issue, 572, Art. 99, see 5 ILCS 75/0.01 et seq. safeguards in that law. It is hard for and every single one of them agreed: Mr. FITZGERALD. Clearly, the State me to think of any reason anybody of Illinois contemplates that for many Isn’t it a good idea that we restrict would oppose the strictest possible ex- that money so it cannot be misused? grants from the Federal Government, ceptions on how we spend taxpayer they will have to comply with the Fed- After all, it is not even clear where the money to ensure that there is competi- money is going. eral Government’s requirements. That tive bidding. is not unusual. The Federal Govern- It is possible that the money would Senator DURBIN wondered how would go to the State of Illinois. If it does go ment has requirements for education it work if Federal requirements would money, for Medicaid money, and the to the State of Illinois, I think that apply; the State of Illinois wouldn’t would be preferable to it being given to like. For this project, I think it is rea- know how to handle it if Federal guide- sonable. an individual or to a private corpora- lines were applied. I don’t think that is tion. We don’t want to unduly hamper it. correct. As I pointed out to Senator But Federal competitive bidding, who I described earlier in the day how DURBIN, it is very clear the State con- there is a private not-for-profit organi- would oppose that? I don’t think Demo- templates that Federal guidelines will crats would oppose it. I don’t think Re- zation out there that has recently been frequently be attached when the Fed- organized known as the Abraham Lin- publicans would oppose it. Certainly no eral Government gives money to the Democrat, no Republican in the Senate coln Presidential Library Foundation, State of Illinois. If you get Federal wished to go on record opposing it. It is and that I do not think it would be a money from somewhere or you get a simple, safe precaution for the tax- good idea to give the taxpayer’s money money from somebody, it is not un- payers. to a private not-for-profit organization usual that strings are attached. Again, this statute, which we have Article 20 of the Illinois procurement in which case it would be up to the talked about on and off all day, conclu- code, source selection and contract for- board of directors of that corporation sively demolishes the letters that are mation, at 500/20–85, contemplates the as to how the money would be handled. being put out by the Capital Develop- attachment of Federal strings. Section We would not have safeguards for the ment Board saying they must use com- 20–85, Federal requirements: A State public. petitive bidding and that there is no agency receiving Federal aid funds, But I also pointed out that if the way competitive bidding won’t be used. money went to the State of Illinois, grants, or loans shall have authority to Let me reflect on that argument adopt its procedures, rules, project and the State of Illinois directed the again. They are saying that clearly statements, drawings, maps, surveys, money to its Capital Development competitive bidding will be used. This plans, specifications, contract terms, Board, there was a real problem. project now is the focus of a lot of at- estimates, bid forms, bond forms, and The State of Illinois has a procure- tention around the State of Illinois, other documents or practices, to com- ment code that was amended a few and many people have said it will defi- ply with the regulations, policies, and years ago. It does, in general, seek to nitely be competitively bid. ensure competitive bidding. It is an im- procedures of the designated authority, If that is the case, why such stiff op- administration, or department of the provement over old laws that the State position to attaching the Federal com- United States in order to remain eligi- of Illinois used to have. petitive bid guidelines? If they are ble for such Federal aid funds, grants, When I was in the State senate in going to bid it according to the book or loans. Springfield, in 1997, I voted for the cur- and there won’t be any problems with rent State procurement law. But we Mr. President, I ask unanimous con- sent to print this statute in the the contracts, then why is anybody op- pointed out that there is a loophole in posed? Why is it? I don’t know. there, and I regret that I missed that RECORD. There being no objection, the mate- Clearly, the Office of the Governor of loophole. The loophole is that the Cap- rial was ordered to be printed in the Illinois believed strongly enough that ital Development Board has a way to these guidelines, these restrictions, not RECORD, as follows: opt out of competitively bidding be attached. Instead, they chose to go WEST’S SMITH-HURD ILLINOIS COMPILED STAT- projects. It is a highly unusual and ir- around the Senate and try to get the UTES ANNOTATED CHAPTER 30. FINANCE regular loophole. BONDS AND DEBT ACT 500. ILLINOIS PRO- language snuck into a conference com- A letter from the Capital Develop- CUREMENT CODE ARTICLE 20. SOURCE SELEC- mittee report, stripped of the competi- ment Board to Senator DURBIN stated TION AND CONTRACT FORMATION tive bidding language, and in a way so that the project would have to be com- § 20–85. Federal requirements. A State that it would be rolled into an $18 bil- petitively bid because they would re- agency receiving federal-aid funds, grants, or lion appropriations bill that is a must-

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.003 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20821 pass bill. That conference committee tial. That developer still has that very quickly. There was always a ques- report cannot be amended or recom- hotel, too. This hotel is very close, tion as to how the State determined mitted. They went to a lot of trouble. about a block and a half, maybe two who got the licenses. The people who In fact, they were practically doing blocks away, as we saw, from the pro- wound up getting the first six licenses, anything and stopping at nothing to posed Abraham Lincoln Presidential which were fairly site-specific, tended avoid the competitive bid guidelines Library. to be people who were very much in- which they are essentially saying they If the library is built and it becomes volved in State politics in Illinois. are going to do anyway. That doesn’t the wonderful attraction we hope it They were what I would call ‘‘insiders’’ make a lot of sense to me. Why the ob- will be for citizens from all over the in the State capitol. Of course, they al- jection? Why the fierce fight over re- country to come and enjoy and learn ways encouraged the perception that it quiring Federal procurement laws be about Abraham Lincoln in the home- was just a coincidence that these very followed? town of Abraham Lincoln, certainly it lucrative licenses fell into their hands. Now, throughout the day, I have set will generate a lot of tourist revenue And they got real rich, real quick. the context in which this debate has for the city of Springfield. I imagine In fact, a riverboat was put up in Jo- been occurring. I believed it necessary the Springfield Renaissance Hotel liet, IL. I remember when I was in the because for those who aren’t from the would benefit from the projections of State senate, that boat was called the wonderful land of Lincoln, the great increased tourism. I hope that would be Joliet Empress. We could not find out State of Illinois, they may not be fully the case. I hope that perhaps at that the financial results of these boats. It familiar with the politics. time the hotel, the partnership that was an exception to the freedom of in- Sometimes our politics have become runs it, would think about whether formation laws in Springfield, and even famous. Chicago has famous political they couldn’t make more payments to though these boats got a license from traditions. The State government prob- the State on that $15 million taxpayer the State, they didn’t have to give out ably hasn’t been as well known as the loan that goes back to the early 1980s. financial information to the public. city of Chicago’s government. But I be- I know that State officials released But the Joliet Empress decided to do a lieved I needed to set the table, to lay personal guarantees and waived the public bond offering, as I recall. In the foundation and give the Senators State’s right to foreclose on that hotel order to do that public offering of its from other States the context in which loan. It is clear there probably isn’t debt securities, it had to file a registra- I was concerned that this money would much of a legally enforceable note any- tion statement with the Securities and be provided in a way that would permit more. You would have to wonder if Exchange Commission. In the process unfettered discretion on the part of those people would think about wheth- of filing that statement, they disclosed whoever might get this $50 million au- er it wouldn’t be a good idea for them, their investors and disclosed some of thorized appropriation. the right thing for them to do, to try the financial results of the riverboat. I am going to suggest that the origi- I read a number of articles into the to make payments when they could. nal investment was somewhere in the RECORD this morning that talked about They probably would argue that the neighborhood of $20 million. In the first problems that have occurred in State notes are worthless now and that the 18 months, as I recall, the nine people government in Illinois, not just under State’s rights as lender were waived who owned the riverboat took in some- Republican administrations but under while the loan was in default. It is kind thing like $87 million in cash divi- both Republican and Democratic ad- of unusual. In fact, I have never really dends. It kind of makes the Internet ministrations, where, because of a lack heard of a lender, when they have a bad firms that we are reading about in the of competitive bidding, because of lax, loan, waive all their rights. It seems soaring NASDAQ index seem like noth- weak procurement laws that left too kind of odd to me. ing. This was really a bonanza for the much to the subjective preferences of In any case, there is another episode people who wound up with these river- State officials on awarding contracts, in our State’s recent history that I was boat licenses. we have had of a sad history of pro- very vocal on when I was in the State When I read on the floor of the Illi- curement problems in the State of Illi- senate. That was on how riverboat li- nois State Senate how lucrative these nois. Hopefully, the State’s new pro- censes were given out. licenses were, I thought it was wrong curement law will cut down on future Back in about 1990, the State created that the State wasn’t competitively problems such as that. But as I have 10 riverboat licenses. The first six of bidding those licenses. They were set- pointed out, it has a few loopholes that them were fairly site specific in their ting up a process by which people who I hope will get cleaned up. statute on where the river boat li- wanted these licenses could go through We have talked about leases of build- censes had to go. the politicians who could give it to ings. We have talked about construc- That always raised questions because them on a no-bid basis. And in so tion projects. We have highlighted a there were questions of whether in doing, the State was leaving an awful number of instances in which those drawing up the statute the State was lot of money on the table. In fact, they leases at that time were not competi- actually attempting to steer these riv- were literally lighting a match to mil- tively bid, where there were a lot of erboat licenses to certain individuals. lions of dollars they could have reaped questions about the amounts taxpayers It just so happened that an investor in had they auctioned off those licenses were paying for the State to lease the first riverboat license awarded and created some kind of bidding proc- buildings. And certainly the people in- under the Illinois gaming law was the ess and not allowed political favoritism volved in leasing the properties to the very same individual, Mr. William to ever be a question in the awarding of State seem to be very involved in the Cellini, about whom we have read some those licenses. political process, which raises a lot of articles, who got the hotel loan, didn’t In fact, there was a lot of opposition questions in one’s mind. have to pay it back, had the leases of to ever competitively bidding those li- I also talked about the hotel loan, the State buildings, and has been in- censes. Certainly, the people who which involved a loan to a politically volved in politics in Illinois for a long wound up owning or wanting the li- connected developer to build the time. censes never wanted those competi- Springfield Renaissance Hotel. It was a I would, if I could, like to continue tively bid. Instead, what happened, in $15 million loan from the State of Illi- on in an examination of what happened order to raise revenue in the early nois. It appeared also, as we read some when the State didn’t competitively 1990s, on a few occasions the State of those articles, that Federal money bid the riverboat licenses, and I always raised income taxes on everybody else. was involved in that, too, and that that believed they should have been com- Mr. President, let me go, if I may, to loan was never repaid to the State of petitively bid. You had licenses that a couple of articles that describe how Illinois. Some payments were made. I turned out to be phenomenally lucra- the State gave out the no-bid riverboat don’t know what the unpaid balance is tive. In some cases, very small invest- licenses. Again, this is all in the con- today, but I think it is quite substan- ments made many people very rich, text of examining what happens when

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.003 S04OC0 20822 CONGRESSIONAL RECORD—SENATE October 4, 2000 State, Federal, or local government— Quinn’s staff said the lenders defaulted in didate for DuPage County Board chairman. any government at all—don’t put re- 1987 under former state Treasurer Jerry And so on. strictions on money they are giving Cosentino and former Gov. James R. Thomp- You could argue that they should get a out for contracts, or on benefits that son, a Republican and friend of Cellini’s. piece of the Chicago action because the state But Cellini disputed this account. ‘‘During is changing the rules of the game, that when they are giving out, when they don’t the time of the loan,’’ he said, ‘‘I don’t be- they invested in the suburban and Downstate make sure there is a competitive bid- lieve we were ever declared in default—ex- boats they believed they wouldn’t face any ding process involved. Questions al- cept in order to refinance and restructure, competitive risk from Chicago. ways arise as to whether there is polit- there may have been needed language imply- However, it’s not a very convincing argu- ical favoritism. ing such.’’ ment in the face of the obscene profits that This article is from the Chicago Sun- Quinn said: ‘‘A lot of folks, I think, are they have already harvested from their Times of February 26, 1993. The byline pretty upset about getting taxed to the limit state-protected monopolies. State Sen. Peter is by Ray Long. The headline is, ‘‘De- and then seeing government operate . . . as a G. Fitzgerald (R-Inverness), a banker, has personal piggy bank for insiders. This is veloper Hits Riverboat Jackpot; Stock calculated that the profits have been great wrong.’’ enough to cover initial investments in only a Sale Windfall Steams Treasurer.’’ Mike Lawrence, spokesman for Edgar, said matter of months—the kind of return that I ask unanimous consent that this ar- the Gaming Board’s initial approval of the might make Hillary Rodham Clinton envi- ticle from the Chicago Sun-Times be Alton riverboat project was granted before ous. In the case of the Alton Belle, a $20 mil- printed in the RECORD at this point. the governor took office. The final license lion or so capital investment (and a paltry There being no objection, the article approval came in 1991 after Edgar took of- $85,000 for a state licensing fee) seeded a was ordered to be printed in the fice. company that now has an estimated market RECORD, as follows: William Kunkle, Gaming Board chairman, value approaching a half billion dollars. said Cellini passed the agency’s background [From Chicago Sun-Times, Feb. 26, 1993] Let me read that again. check. DEVELOPER HITS RIVERBOAT JACKPOT; STOCK Meanwhile, Thursday, the Gaming Board This is from Dennis Byrne, ‘‘River- SALE WINDFALL ‘‘STEAMS’’ TREASURER met in Chicago and failed to reach agree- boat Deal is Plum for Insiders.’’ (By Ray Long) ment on how to implement a legal limit of In the case of the Alton Belle, a $20 million Politically powerful Springfield developer 1,200 gambling customers per riverboat. or so capital investment—and a paltry William Cellini has sold $5.3 million in river- Mr. FITZGERALD. Mr. President, $85,000 for a State licensing fee. boat casino stock as part of a deal that there are a number of other articles The guys who got the riverboats gave prompted the state treasurer to call for a the State $85,000. The State gave them windfall tax on such transactions. that have been written over the years Argosy Gaming Co., owner of the Alton about how the State gave out the river- a license and ceded a company that Belle riverboat, reported that Cellini sold boat gambling licenses in Illinois. The now has an estimated market value ap- 277,778 shares, netting him $4.9 million after record is replete with problems that proaching $.5 billion. fees, in last week’s first public offering of Il- the State had, or questions that were Not a bad deal if you are giving the linois riverboat stock. raised about how the licenses were $85,000 and they are giving you the li- Argosy sold a total of $76.6 million in awarded. They just happened to be cense. It is worth, at that time they stock, and the original shareholders col- say, $.5 billion. What did the taxpayers lected $29.5 million, the company said. awarded to people who seemed to be in- Cellini remains the largest single share- volved in the political process. get out of this with no competitive bid- holder, and his remaining shares could be That was something I was concerned ding? They had their income taxes worth more than $50 million, based on the about at the time. I was in the State raised during that time. value of the public shares. senate at that time; this goes back to For an initial outlay of just a couple hun- Argosy plans to use money from the sale to 1 1994. There is an article in the Chicago dred grand 2 ⁄2 years ago, investors now pay start-up debts, fund a new riverboat and Sun-Times that discusses how I was would own tens of millions of dollars worth develop gambling in Louisiana and Missouri. of stock. Cellini himself plucked $4.9 million State Treasurer Patrick Quinn, a Demo- seeking competitive bidding on those State riverboat licenses. when he sold some of his stock when the crat, said, ‘‘I’ve got steam coming out of my company went public, but still retains some ears’’ from anger over the Argosy deal. ‘‘It’s This is an article from April 10, 1994, $60 million worth of stock. downright obscene.’’ entitled, ‘‘Riverboat Deal is Plum For And if they invest in Chicago boats? Using A probable gubernatorial candidate in 1994, Insiders,’’ by Dennis Byrne of the Chi- the city’s figures, Fitzgerald calculates that Quinn said Cellini should have been denied cago Sun-Times: annual net income on each boat could ap- his piece of the Alton riverboat license be- The agreement between Mayor Daley and proach $50 million, and that the market cause of questions about his role in a state value of each boat (at five times earnings) loan to build the Springfield Ramada Renais- Gov. Edgar to bring riverboat gambling to Chicago should make a lot of people happy: could exceed a quarter of a billion dollars. sance hotel. Thankfully, though, they’d have to sink ‘‘I don’t think if you take the taxpayers to Chicago taxpayers and schoolchildren, who more into the Chicago boats, because, unlike the cleaners once, you should get a second will benefit from the additional revenues, the license for suburban and Downstate chance to put more money in your own pock- and the thousands of casino/entertainment boats, the city licenses would be competi- et,’’ Quinn said while taping ‘‘The Report- center employees. tively bid. Who gets the license will depend, ers,’’ to be aired at 9 p.m. Sunday on WMAQ– But the folks who should be the happiest in part, on how much the bidder is willing to AM (670). are the well-connected insiders who are al- The state should impose a windfall tax on ready raking it in from the state’s 10 subur- give to the city in admission, franchise and investors in riverboat gambling ventures ban and Downstate riverboats and who stand other fees. Unfortunately, though, the that start private and later go public, Quinn to make hundreds of millions more from the state’s 20 percent gaming tax on gross re- said. Chicago riverboats. ceipts will not be raised, for the Chicago or In a separate interview, Cellini, a top Re- That would be thanks to a little-noticed Downstate boats. Nor do we know if other publican fund-raiser and friend of Gov. Ed- part of the agreement changing the law that municipalities that are granted new boats gar’s, said the Springfield hotel arrangement bans owners of one riverboat license from will be able to demand competitive bidding. was proper. having more than a 10 percent interest in a Fitzgerald believes that even if the 20 per- As for the riverboat transaction, he said he second. If approved by the Legislature, they cent state tax were raised significantly, to as had been ‘‘obligated at one time for an could own a second license and up to a 10 high as 60 percent, the owners still would amount approaching a million’’ dollars. He percent interest in a third. make a nice profit. So if we truly believe said federal regulations about new public of- So folks such as Eugene Heytow, chairman that the boats are a public good, maybe we ferings prevented him from discussing de- of the politically connected Amalgamated should allow the public to rake off at least as tails about the company or stock sale. Trust & Savings Bank, where William Daley, much as some politically connected pals. The Ramada Renaissance received a 1982 the mayor’s brother, once was president, Mr. President, I understand that the state loan for $15.5 million at 121⁄4 percent in- could keep his stake in a riverboat in Galena Presiding Officer has an obligation, so terest. After recurring payment disputes, the while buying a chunk of one in Chicago. And I will try to focus my remarks and en- loan was restructured in 1991 for $18.6 million William Cellini, a powerful friend of Edgar at 6 percent. and former Gov. James R. Thompson, could able the Presiding Officer to meet that Cellini said he was one of 80 partners in the buy into Chicago big-time while keeping his obligation. hotel. ‘‘I have never taken out or realized lucrative interest in the Alton Belle. So We have introduced a number of arti- one penny from the hotel,’’ he said. could Gayle Franzen, the Republican can- cles on this point all during the day to

VerDate jul 14 2003 11:37 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\BR00\S04OC0.003 S04OC0 October 4, 2000 CONGRESSIONAL RECORD—SENATE 20823 lay the context in which my concerns We are really talking about a very amount, but as a percentage of the en- were raised about this very large visible project in Springfield. We dis- tire appropriations bill, it is relatively project in Springfield. cussed the location as well of this li- small in comparison. There are lit- I guess now we are down to the point brary. We noted its proximity to the erally countless projects throughout where we have to ask the big question: Springfield Ramada Renaissance Hotel. the country that are contained in that Is the proposed Abraham Lincoln Li- We talked at length about the history bill. I believed it was important to brary in Springfield, IL, another in- of the Springfield Renaissance Hotel. come to the floor and to lay out this sider deal? I certainly hope it doesn’t We noted that this project is intended case because it goes to the very heart become one. This may or may not be to and will stimulate tourism, if it is of the appropriations process in Wash- now. We will not know until it is done. done right, in the city of Springfield. ington. But we should do our very best to pre- That hotel stands to benefit from that. I understand those who oppose the vent it from becoming one. It would be nice if we could get some We have said if we don’t have careful payments on that $15 million State competitive bidding will eventually controls, the money could wind up in loan from back in 1982 to build that. have a good opportunity to move their private hands. It wouldn’t have to be We have not yet noted, and I think bill and make sure the competitive bid- competitively bid under the language we need to note, that Mr. Cellini, ding isn’t in there. But I hope we are in the conference report. If the money whom we have discussed, has been ac- going to have illumination here. I winds up in State hands, then under tive in seeking to raise money for the think the people of Illinois can know the language that passed out of the private foundation that is connected to who their government is and what it is House in the conference report, and the library. Let me see if I can focus on about. I think that the people of this which the Senate has basically said that for one second and find a citation country may see, through the prism of they don’t like because it doesn’t have for you, Mr. President. There are news- Illinois, how serious and consequential Federal competitive bidding in it, if paper articles, I believe, that suggest the ethical foundations of their govern- the money went to a private entity and he has been out actively trying to raise ment can and must be. went to the State—we have seen the money for the library. I would like to This issue of whether we make sure State without competitive bidding. I find that citation. this money is competitively bid goes to would hate to see the monument to Incidentally, I should also mention the very heart of the appropriations ‘‘Honest Abe’’ discussed in one of these that the Ronald Reagan Presidential process. We ought to take great care of many articles that have been written Library cost $65 million. the people’s money. The people’s It is a State Journal Register article by investigative reporters. Competitive money represents precious hours of from September 5, 1999, a little over a bidding could be opted out if it were hard work, sweat, and time away from year ago: the Capital Development Board that family. The American people are fun- were doing the project. William Cellini reported to be heading pri- damentally generous, and they will vate fundraising drive for the project. As I pointed out, it is not unusual for permit reasonable expenditures for the So we are beginning to connect this the State to have to live within Fed- good of their country, their commu- eral competitive bid guidelines. This is all back into some of the projects we nities, and their State. However, Mr. not an unusual request. Then there is have read about throughout the course President, don’t abuse them. Do your the State code. The State procurement of the day. These are connecting best to make sure that there are suffi- code specifically contemplates the ap- threads, and set against the backdrop cient safeguards so the people can plication of Federal guidelines such as of procurement history and con- know that their taxpayer dollars will these Federal competitive guidelines. troversy in Illinois, I think there is not simply be trampled on by political Are there red flags on this project? I good reason for Congress to be careful insiders. That is what bothers me per- want to sum those up again. We talked with this project. I think it is reason- earlier in the day about some of the red able to look at all these red flags and sonally, eats at me—the people who op- flags. say, this $50 million in Federal money, pose provisions such as this act, as We had the cost of the project in- we better make sure it is buttoned though $50 million in taxpayer money creasing as the project has been talked down; better be careful, we don’t want is a quarter. How can we ever put too about over the last few years. It start- to happen to this money what has many controls on taxpayer money? ed out as a proposed $40 million project sometimes happened in the past. We Why would anyone not welcome even in February of 1998. It went to a $60 don’t want this project ever to be the more stringent competitive bid rules? million project 13 months later, in subject of one of these investigative re- Why would anybody oppose that? I March of 1999. When I first came to the ports in one of our State’s fine news- can’t think of a good reason. Senate, it was a $60 million project. papers. The backdrop of problems we have Then one month after that, the next In light of the time restraints we are had in the State of Illinois for a long report said it was a $148 million running up against tonight, the hour is time, which I illuminated today, and project—up from the most recent $60 late and I recognize that, I thank my the legacy of insider dealing make me million estimate on advice from ‘‘de- colleagues again for all their support, very reluctant to turn over this par- signers and fiscal advisers.’’ That for going on record in favor of competi- ticular $120 million without doing ev- raised the red flag in my mind. I tive bidding in accordance with the erything I can to protect it. thought we had to bird-dog this Federal competitive bidding guidelines. I thank all of those who have stayed project. After all, that is a big expendi- I certainly hope the House will recon- with me tonight, and I yield the floor. ture in any city, and it is certainly a sider the position that has come out of big expenditure in the city of Spring- the House in opposition for buttoning field, our State capital. down this money and having tighter f The estimated cost, adjusted for in- controls on it, to make sure that none flation, of our State capitol is only $70 of it winds up being involved in an in- RECESS UNTIL 9:30 A.M. million compared to the $148 million sider deal, and that Springfield gets TOMORROW that we saw referred to there, and now $120 million worth of value out of the The PRESIDING OFFICER. Under the $120 million that they are talking $120 million that is intended to be the previous order, the Senate stands about for this library. spent on this monument for Abraham in recess until 9:30 a.m. on Thursday, The cost of other buildings in Spring- Lincoln. field: the Willard Ice Building is a $70 Some may wonder why I have sought October 5, 2000. million building; the Prairie Capital to filibuster the Interior appropria- Thereupon, the Senate, at 8:25 p.m., Convention Center is a $60 million tions bill over this matter. They would recessed until 9:30 a.m., Thursday, Oc- building. note $50 million is a substantial tober 5, 2000.

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STATEMENT ON THE INTRODUC- teaching custodial staff basic cleaning tasks The U.S. patent system, created under the TION OF THE BUSINESS METHOD (Pat. No. 5,851,117). Others have noted with specific authority of the Constitution, grants for PATENT IMPROVEMENT ACT OF suspicion the patent for a method of exer- a limited time a statutory monopoly over one’s 2000 cising a cat using a laser light as a tease (Pat. inventions. An inventor should have an incen- No. 5,443,036). tive to create—a monopoly for a limited time HON. HOWARD L. BERMAN Other patents, granted to more serious en- allows an inventor the opportunity to appro- OF CALIFORNIA deavors, have also have been roundly criti- priately benefit from his creativity, and at the IN THE HOUSE OF REPRESENTATIVES cized. With regard to patenting Internet adap- same time, reveal in detail the invention to tations of brick-and-mortar businesses, ques- allow others to build on his advances. Histori- Tuesday, October 3, 2000 tions have arisen about patents granted for a cally, the concept of invention was limited to Mr. BERMAN. Mr. Speaker, in recent method of selling music and movies in elec- the physical realm, a machine or process by months, substantial concern has been ex- tronic form over the Internet (Pat. No. which a product is produced. Over the years, pressed over the patenting of Internet and 5,191,573), a method of developing a statis- however, the courts and the PTO have ex- business strategies and techniques. Both the tical ‘‘fantasy’’ football game using a computer panded the scope of patentable subject mat- quality and appropriateness of a number of re- (Pat. No. 4,918,603), a method of allowing car ter. In fact, the Patent and Trademark Office cently granted patents have been questioned. purchasers to select options for cars ordered is of the view that it is operating under Su- My primary concern in this issue is the pro- over the Internet (Pat. No. 5,825,651), a meth- preme Court instruction to patent ‘‘anything tection of intellectual property, which I believe od of rewarding online shoppers with frequent under the sun made by man.’’ To that end, is critical both to innovation and to the econ- flyer miles (Pat. No. 5,774,870), and an argu- they have allowed the patenting of business omy—and in that context, I want to make sure ably very broad patent on managing secure methods. that the quality of U.S. patents is the highest online orders and payments using an ‘‘elec- Three events have contributed to the rapid possible. tronic shopping cart’’ to purchase goods on growth in the number of applications for busi- As the breadth of patentable subject matter the Internet (5,745,681). ness method patents: grows, it is incumbent upon Congress to con- In lay terms, the basic question in each In the 1998 ruling in State Street Bank v. sider two questions. First, are the Patent and case is whether the patent owner merely Signature Financial Group, the Court of Ap- Trademark Office and the courts properly in- adapted a well known business activity to the peals for the Federal Circuit, (which has exclu- terpreting the scope of what should be patent- Internet in a straight forward manner. In patent sive jurisdiction over patent appeals) con- able? Second, is the process for patenting ap- parlance, the question is whether any of these cluded that methods of doing business imple- propriate for the subject matter we allow to be activities are truly new and would not be obvi- mented using a computer are patentable. patented? ous to one skilled in the relevant art. Other Some interpret the opinion as not even requir- It is clear from my conversations with those questions that may be relevant are whether ing computer implementation, and thus more who are developing the Internet, those financ- others in the United States had known of the broadly affirming the patenting of any business ing Internet ventures, individuals conducting invention or had used it, and whether the in- method. State Street was notable because it business and those in the patent community— vention was used or sold in public prior to the resolved a question where there had pre- and the public at large—that the patenting of filing for a patent. viously been divergent opinions among the Internet and business strategies and tech- I am not asserting that any of these patents lower courts. Some courts were of the view niques is controversial and deserves serious should be invalidated. However, patents are that there was a ‘‘business method exception’’ becoming a critical factor in valuing many new examination. Some believe that ‘‘business to patentability dating back to at least 1868. In economy businesses, and that means they are method’’ patents should simply not be allowed. resolving this issue, the court opened the flood significant to the health of the economy. If They argue, by analogy, that a toaster should gates for business method patents. business method patents are indeed being The second key event has been the explo- be patentable but the idea of toasting bread issued based on insufficient information about sive growth of the Internet. As businesses should not. Others argue that business meth- the relevant inventions that preceded the pat- move to the Internet, they either adapt meth- ods should remain patentable, but the PTO ented invention or if a patent is issued on the ods of doing their ongoing brick-and-mortar should apply much greater scrutiny when it ex- basis of insufficient ‘‘prior art,’’ there is sub- business or they invent new and innovative amines such patent applications. To extend stantial risk to the inventor that those who methods to take advantage of the unique the analogy: we have been toasting bread for know of the ‘‘prior art’’ could step forward at qualities of the Internet. a long time and if you are going to patent a any time, invalidating the patent. This uncer- Finally, business executives and entre- method of doing so, the PTO better make sure tainty means that investors cannot be con- preneurs alike are gaining a better under- that it has never been done in just that way fident that businesses will in fact reap the re- standing of the economic value of intellectual before. Some note that people have received turns they expect on the patented inventions. property and patents, and are pursuing ways patents on activities that have been under- In the context of the Internet, many argue to take advantage of these opportunities. taken for decades and even centuries, and that rather than spurring innovation, patents Given this growth in patent applications, has argue that merely placing an activity on the interfere with innovation; that fierce commer- the quality of patents suffered? There are sev- Internet does not make for novelty. Finally, cial competition, as opposed to patent monop- eral reasons identified for the lessening of the there are a number of strange examples that olies, has driven innovation; and that a culture quality of patents in this area. In the view of lend themselves to questions about whether of open sharing of innovation has been the some, the existing patent corps does not have such common human activities deserve patent key to the Internet’s rapid growth. Whether the expertise to examine these ‘‘new tech’’ protection at all. Surely, the patent system is this is true or false, an invention that is tied up and ‘‘business’’ patents. The PTO needs more functioning in a curious manner when patents because of an inappropriate grant of patent is resources to enhance their examiners exper- have been issued on a technique for meas- problematic and may interfere with the ad- tise and increase the size of the examiner uring a breast with a tape to determine bra vancement of technology. If a patent is grant- corps in the relevant areas of art. Also, as a size (Pat. No. 5,965,809), methods of exe- ed for an invention that is not truly novel or result of industry practices, there is a dearth of cuting a tennis stroke (Pat. No. 5,993,366) one which is obvious to an expert in the field, ‘‘prior art’’ data, the evidence of preexisting in- and swinging a golf club (Pat. No. 5,616,089), it may then become unavailable for competi- ventions, available in the areas of the Internet an architect’s method of eliminating hallways tors to exploit. Such a patent may also open and business methods. by placing staircases on the outside of build- the user of the prior invention to an infringe- To be patentable, an invention has to be ings (Pat. No. 5,761,857), and a method for ment lawsuit. novel, useful, and not obvious to an expert in

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

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 October 4, 2000 EXTENSIONS OF REMARKS 20825 the field. Novelty is judged by comparing the the members of the public an opportunity to TEACHING ABOUT CONGRESS invention with both patented and non-patented present ‘‘prior art’’ they believe may disqualify inventions. Determining whether an invention the application. Members of the public may HON. TIM ROEMER existed before the patent application was also petition the PTO to hold a hearing to de- OF INDIANA filed—or whether the invention is obvious—is termine whether an invention was known, IN THE HOUSE OF REPRESENTATIVES an extraordinarily difficult task in the realm of used by others, or in public use or on sale in Tuesday, October 3, 2000 business methods and the Internet. Core Inter- the U.S. prior to the filing of the application. net tools such as the Amazon.com ‘‘1-click’’, The bill also establishes an expeditious admin- Mr. ROEMER. Mr. Speaker, I highly rec- ommend the following speech recently given may have been in use prior to the filing of istrative ‘‘opposition’’ process by which a party Amazon’s patent application. Priceline.com’s by our distinguished former Indiana colleague will be able to challenge a business method ‘‘buyer-driven sales’’ over the Internet arguably Lee Hamilton. Lee has devoted his career as may have been ‘‘obvious’’ to an expert in the patent. The opposition process provides par- a public servant to improving public under- field of auctions. ties with substantial evidentiary tools but will standing of Congress, and I found his remarks I do not know whether these patents should be much less costly and more efficient than quite timely and informative. Mr. Speaker, I or should not have been granted (and ongoing litigation. The opposition process must be in- submit the following remarks into the CON- litigation will inevitably make that determina- voked within 9 months of the granting of a pat- GRESSIONAL RECORD. ent, and must be concluded within 18 months tion), but it is clear that the review of business TEN THINGS I WISH POLITICAL SCIENTISTS method patent applications is impaired by the thereafter. Thus, we assure that within 27 WOULD TEACH ABOUT CONGRESS—REMARKS lack of documentation capturing the history of months after the granting of the patent, a pat- BY THE HONORABLE LEE H. HAMILTON, PI innovation in the Internet or the development ent owner will either have enhanced con- SIGMA ALPHA LECTURE, AMERICAN POLIT- of business techniques and methods. fidence in the quality of their patent—some- ICAL SCIENCE ASSOCIATION ANNUAL MEET- By contrast, in the fields of engineering or thing akin to quiet title—or will know the patent ING, AUGUST 31, 2000 science (two areas in which many patents are has been invalidated. The procedure will be INTRODUCTION sought), inventions and innovations are me- presided over by an Administrative Opposition My purpose this afternoon is to offer some thoughts on the role that you, as political ticulously documented and published. With Judge who has substantial patent expertise these publications at hand, an examiner has scientists, can play in improving public un- and will have the responsibility to assure effi- easy reference to existing inventions. But very derstanding of the U.S. Congress. cient review. I do not know what each of you teaches little published information exists with Internet about the Congress—but I do know—on the and hi-tech practices...and most of what In regard to adaptations of business meth- basis of several thousand public meetings does exist is analogous to ‘‘folk knowledge’’, ods to the Internet, the bill establishes that over three decades—that the lack of public handed from person to person orally or in chat where an invention only differs from ‘‘prior art’’ understanding about the institution is huge. rooms or by e-mail. Where developments are in that it is implemented using computer tech- That lack of understanding among ordi- documented, there is no common organizing nology, such an invention shall be presumed nary Americans concerns me deeply because it increases the public’s suspicions and cyni- scheme. Where business plans are involved, obvious and therefore not patentable (this pre- they are usually closely held as trade secrets. cism about the Congress, weakens the rela- sumption can be overcome if a preponderance tionship between voters and their represent- Since an examiner can reject a patent applica- of the evidence shows that the invention was atives, makes it harder for public officials to tion only on published ‘‘prior art’’, informal not obvious). Finally, the bill lowers the burden govern, and prevents our representative de- communications are excluded. of proof for a challenge to a patent from ‘‘clear mocracy from working the way it should. As to obviousness, it is usually up to the and convincing evidence’’ to ‘‘a preponder- I believe you can improve public under- patent examiner—using his own expertise and standing of Congress by teaching several research of ‘‘prior art’’—to assess whether an ance of the evidence’’—an appropriately lower basic, and rather simple, lessons about this expert in the field would think to come up with standard where the difficulty of producing evi- sometimes puzzling institution. the applicant’s invention. In the area of busi- dence is complicated by the traditions and If Americans leave high school and college practices of the industries. with a solid understanding of Congress, they ness method patents, the endeavors for which will be better able to contribute to our na- patents are being sought are very new to the In introducing this legislation I am not taking tion’s political life and will help make our PTO. It has been only five years since the a final position as to whether business meth- representative democracy work better. Internet became a tool of business, and only ods should be patentable—I tend to think they TEN THINGS TO TEACH ABOUT CONGRESS two years since the court clearly established should be, but I could be persuaded other- First, I’d like you to teach that Congress is the rule that a business method is patentable wise. I am not wed to any particular provision the most important link between the Amer- in the United States. Unfortunately, although of this bill itself But I do believe that we need ican people and their national government. Many Americans have little appreciation PTO is taking strides to develop expertise in to be sure that the Patent and Trademark Of- the appropriate fields, there must be improve- for the basic function and role of Congress in fice is well equipped to consider these pat- ment in how experts can submit information to our political system. I want you to help ents, that there are adequate means to get the PTO regarding specific patent applications. them understand that Congress is the insti- good information into the system describing tution whose job it is to seek consensus out Many of the changes needed can be met of the many and diverse views of the Amer- only by legislative action. It is critical that we prior inventions, and that there are the appro- priate standards and processes in place to as- ican people. I want you to explain that Con- create new mechanisms to get ‘‘prior art’’ into gress performs the extraordinary task of leg- the system and make it available to applicants sure the quality of the patents that are actually islating and overseeing the government in and the PTO. We must enhance the def- issued. There should be no question that the the interest of more than 275 million Ameri- erence given the PTO in rejecting patent appli- U.S. patent system produces high quality pat- cans. cations on the basis of all of the provisions of ents. For all its deficiencies—which I will get to subsections 102(a) and (b) of title 35 by allow- later—Congress has three great strengths: This bill is a work in progress, and one that Congress is, by far, the most representa- ing examiners to rely on evidence of knowl- will likely generate great debate. As I have tive institution in the United States. We live edge, use, public knowledge or sale in the noted, there are some who believe that ‘‘busi- in a complicated country of vast size and re- U.S. that may not be documented in published ness methods’’ should not be patentable at all. markable diversity. Our people are many; references. they’re spread far and wide; and they rep- I am today introducing with Mr. BOUCHER a Others who are certain to argue that current resent a great variety of beliefs, religions, bill that will enhance the quality of Internet and law ‘‘ain’t broke’’, so there is no need for Con- and ethnicities. It isn’t easy for such a coun- non-Internet business method patents by in- gress to fix it. Still others believe that, to the try to live together peacefully and produc- creasing the opportunity for expert input into extent there may be a problem, the Patent tively. Although Congress does not perfectly the patenting process. These improvements and Trade Mark Office will address it adminis- mirror the demographics of the American tratively. My intent with this legislation is to people, it does help bind us together by rep- will provide patent owners and investors alike resenting the country’s great diversity. with greater confidence in the quality of their stimulate the dialogue. We need to air these Congress is also accessible—much more so patents. The bill requires the PTO to publish issues and ultimately (and hopefully quickly) than any other part of the federal govern- business method patent applications and give find the proper solutions. ment. Congress is the primary ‘‘listening

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 0634 E:\BR00\E04OC0.000 E04OC0 20826 EXTENSIONS OF REMARKS October 4, 2000 post’’ of the people. If an ordinary American gress will take each of them up in some form ernment was almost shut down a few years has a complaint or suggestion about the gov- over the coming year. back, that was considered ‘‘politics’’. When ernment, he cannot reach the President, or People misunderstand Congress’ role if Washington, D.C. was consumed by the im- the Vice President, or a cabinet secretary— they demand that Congress be a model of ef- peachment of President Clinton, and the rest or even a deputy assistant secretary. He can ficiency and quick action. Congress can work of the people’s business had to take a back reach his Representative or Senator. quickly if a broad consensus exists in the seat, that was attributed to ‘‘politics’’. And Congress is our nation’s chief delibera- country. But such a consensus is rare—espe- Showing skill as a ‘‘politician’’ has come tive body. It is the place where the many cially on the tough issues at the forefront of to mean demonstrating the ability to raise views and interests of the American people public life today. Usually, Congress must campaign funds, to engage in the tit-for-tat on all manner of subjects get thrashed out. build a consensus. It cannot simply impose exchange of negative advertising, to fudge It remains the central forum for vigorous one on the American people. your positions, or to jockey for public sup- public debate, consensus building and deci- The quest for consensus can be painfully port based on polls and focus groups. sion making on the most important issues of slow, and even exasperating, but it is the But the fact is that good politicians are the day. only way to resolve disputes peacefully and vital to the success of our representative de- Second, I’d like you to explain that Con- produce policies that reflect the varied per- mocracy. When I say ‘‘politician,’’ I mean gress has a major impact on people’s every- spectives of our diverse citizenry. someone who knows how to practice the art day lives. Fourth, I’d like you to highlight the great of politics. Many Americans believe Congress accom- dynamism and complexity of the legislative This art involves an assortment of impor- plishes little and is simply irrelevant to process. tant, but often underappreciated, skills. their daily lives. I’d like you to help correct When I visit with students in American Good politicians must know how to listen— that misperception. government classes, I make a point of flip- in order to find out what people want. They While Congress is no longer the most pow- ping through their textbooks to see the dia- must be able to build support for their ideas erful institution in the national govern- gram illustrating ‘‘How a Bill Becomes a with colleagues, constituents and key indi- ment—as it was at the beginning of the 19th Law’’. The diagram usually explains that a viduals. They must search for common century—it is still an important shaper of piece of legislation, once introduced, moves ground across parties and among people with national life. through subcommittee and committee, then diverse interests. They must be able to com- Americans pay more attention to Congress to the House and Senate floors, then to a promise while preserving core beliefs. And as they understand the impact congressional House-Senate conference, and finally to the they must get results—achieving passage of decisions have on the fabric of their lives. President for his signature or veto. legislation that meets people’s needs. When Congress funds basic research in In a technical sense, of course, these dia- To avoid coming apart at the seams, our science, it’s helping create the future cures grams are generally accurate. But my reac- country needs people who know how to prac- for deadly diseases. When it raises the min- tion to them is: ‘‘How boring! How sterile!’’ tice the art of politics. That is what good imum wage, it’s enabling people to rise out They fail to convey the challenge, the hard politicians do: they make democratic gov- of poverty. When it protects national parks, work, the excitement, the obstacles to over- ernment possible in a nation alive with com- it’s preserving our natural heritage. come, the political pressures, the defeats suf- peting factions. I want Americans—I want your students— fered, and the victories achieved to enact Politicians may not be popular, but they to appreciate that nearly every aspect of legislation. They give a woefully incomplete are indispensable to making representative their lives is touched by the decisions of picture of how complicated and untidy the democracy work. That’s why we need more politicians, not Congress. legislative process can be, and they barely fewer. It’s remarkable how quickly we forget that hint at the clash of interests and the mul- Sixth, I’d like you to teach that Members Congress has been involved in some big titude of difficult things a Member must do of Congress behave better than people think. things in recent years: Erasing the federal to shepherd an idea into law. The perception that Members are corrupt, deficit; Overhauling the welfare and public One of the most important and time-con- or immoral, or enriching themselves at the housing systems; Rewriting telecommuni- suming aspects of the legislative process is taxpayer’s expense, takes a serious toll on cations laws; Approving billions to improve conversation: the scores—even hundreds—of our system of government. roads and bridges; and Liberalizing inter- one-on-one talks that a skillful Member will Americans of all stripes like to dwell on national trade. have with colleagues to make the case for a misbehavior by Members of Congress. People Although we may not all like what Con- particular bill, to learn what arguments op- look at the latest scandal and assume gress did on each of these issues, after debat- ponents will use to try to block it, and to get they’re seeing the real Congress. But they’re ing policy options and gauging public senti- a sense of what adjustments might be needed not, not by a long shot. ment, it acted. to move it along. Don’t get me wrong. I’m not proposing my Third, I’d like you to emphasize that Con- These conversations end up posing difficult former colleagues for sainthood. But as the gress was not designed to move quickly and dilemmas to a Member pushing a bill. For in- press lauds two vice presidential can- efficiently. stance, should the Member alter the proposal didates—Republican Dick Cheney and Demo- One of the most common complaints about to broaden its appeal, or keep the bill as it crat Joe Lieberman—for their probity in the Congress is that it’s always arguing and is and hope to defeat the opposition? Congress, we should remember that probity bickering. I must have heard the complaint a How should the Member use the media—to is the rule, not the exception. hundred times: ‘‘Why can’t you guys ever rally public support behind the measure, put Some Members, of course, do engage in im- agree?’’ pressure on opponents, and advance the leg- proper conduct—and our system of financing This perception is a major factor in the islation? elections degrades politician and donor public’s lack of confidence in the institution. The increased size and scope of individual alike—but my experience is that most Mem- Why is it so difficult for Congress to reach bills today makes the legislative process bers are remarkable people who care deeply agreement? Part of the answer involves poli- still more complicated. Almost half of the about our country and seek to better it tics. The struggle for partisan or personal major bills are referred to more than one through their public service. Most could advantage, particularly in an election year, committee in each chamber. Ad hoc caucuses make far more money on the outside, but can stall the work of Congress substantially. are sometimes created to address new con- choose to serve in Congress because they But there is much more to it than that. cerns. As the number of actors involved pro- want to contribute to their country. Our system of government was intentionally liferates, the possibilities for conflict over a Moreover, the ethical standards in Con- set up with many checks and balances to bill increase. gress are higher than ever before. When I en- prevent hasty action. Legislative dispute and All of this adds up to a process that is ex- tered the House, gifts and the use of cam- delay, while frustrating, are not necessarily tremely dynamic, unpredictable and messy. paign contributions for personal use were un- signs of democracy in decay. There are ways for astute Members to get restricted; financial disclosure was not re- The task of achieving consensus is made around nearly every stage in the traditional quired of Members; there was no written especially difficult today because the issues model of the process. code of conduct; and no standing House eth- before Congress are so numerous, complex Even for Members, it can be difficult to ics committee existed to police the member- and technical, and they come at Members know when and where the key decisions on a ship. All that has changed. with staggering rapidity. bill will be made. Certainly, Congress still has major strides In the Federalist Papers, Madison wrote Fifth, I’d like you to teach that what this to make in this area. The role of the House that a Member of Congress must understand country needs is more, not fewer, politicians. Ethics Committee, for instance, has not yet just three issues: commerce, taxation and Members of Congress are, first and fore- been fully worked out, and its performance the militia. To a Member today, that obser- most, politicians. Their number one objec- has been disappointing over the last few vation is a bit quaint, to say the least. tive is to get re-elected. years. Take the ten most difficult issues facing Yet the art of politics does not often get But the ethical climate at the Capitol is our country and you can be sure that Con- high praise these days. When the federal gov- light years ahead of where it was a couple of

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR00\E04OC0.000 E04OC0 October 4, 2000 EXTENSIONS OF REMARKS 20827 decades ago. And, I might add, light years Many Americans have given up on the con- there has been some improvement in the ahead of the common wisdom. versation. They must understand that they 106th Congress, the House leadership has Seventh, I’d like you to teach that Mem- need to get involved if they want our system tended over the years to design rules that bers of Congress do pay attention to their to improve. sharply curtail debate, restrict the oppor- constituents. They need to know that the nature of this tunity for the average Member to partici- Often I hear that Members of Congress relationship between the representative and pate, and limit the amendments and policy only pay attention to power brokers and big- the represented—and the honesty of the ex- options that can be considered. time donors and don’t care about ordinary change between the two—shapes the The Senate regularly fails to consider pres- citizens. That simply is not true. strength of our representative democracy. idential nominations for key judicial posts Sometimes when I stood in front of a Ninth, I hope you teach that Congress and cabinet positions in a timely manner. roomful of voters, I could feel a curtain of needs a lot of improvement—to make it more This practice blocks appointments that are doubt hanging between them and me: I took accountable, transparent, responsive and ef- critical for the effective functioning of our the positions I did, they believed, because of ficient. government. this or that campaign contribution, not be- I urge you to be unrelenting critics of the Congress must take its own reform seri- cause I’d spent time studying and weighing Congress—but in the context of everything ously. It should work on reform every year— the merits of issues. They had given them- else I’ve said so far. not every ten years, as has been its pattern. selves over to cynicism, and cynicism is the I won’t go into detail here because you are Finally, I’d like you to teach that in spite great enemy of democracy. It is very dif- familiar with these problems. of these many problems with Congress, our ficult for public officials to govern when The incessant money chase—to fund in- representative democracy works. It may be their character, values, and motives are al- creasingly costly campaigns—diverts Mem- slow, messy, cumbersome, and even unre- ways suspect. bers’ attention from their important respon- sponsive at times, but it has many strengths, Of course, Members of Congress are influ- sibilities and leads to a growing sense that and continues to serve us well. enced by special interests—often too much, access is bought and sold. Some say our institutions of government— in my view—but they are even more influ- Many Members—especially Members of the including the Congress—create more prob- enced by their constituents. House—operate today in a state of perpetual lems than they solve. In the past decade, we Members are—for the most part—very good campaigning. Rather than trying to develop experienced an intensified assault on govern- politicians. They know what their constitu- consensus and pass laws, they view the legis- ment from some quarters, and ‘‘government’’ ents think. They hold numerous public meet- lative session primarily as an opportunity to and ‘‘Washington, D.C.’’ became bad words, ings, poll their districts regularly, talk on frame issues and position themselves for the symbols of the worst kind of corruption and the phone with constituents frequently, and next election. waste. My hope is that we are now beginning answer hundreds of letters and e-mail mes- It is extremely difficult to defeat incum- to move away from that kind of extreme sages daily. They are constantly helping to bents in Congress. Their financial advan- anti-government rhetoric. The more positive solve constituents’ problems. tages are great and they use the redis- tone of the present presidential campaign Members really do believe that constituent tricting process to create districts that are would suggest that we are. views are important; during all my years in heavily partisan in their favor. Representative democracy, for all its Congress I never heard a Member say other- Bitter partisanship and personal attacks faults, is our best hope for dealing with our wise. nation’s problems. It works through a proc- My view, in fact, is that Members are have become all too common in Congress— poisoning the atmosphere and making it ess of deliberation, negotiation and com- sometimes too close to their constituents— promise—in a word, the process of politics. particularly when they risk reflecting their harder to meet the needs of the country. Special interest groups have too much in- Politics is the way we represent the will of constituents’ views at the expense of their the people in this country. At its best, our own judgment. It was Lincoln who said that fluence over Congress. They play an impor- tant role by representing the views of dif- representative democracy gives a system the art of democratic government is to be whereby all of us have a voice in the process out in front of your constituents, but not too ferent segments of the population, but they often have tunnel vision—advancing narrow and a stake in the product. far out in front. I don’t for a moment agree with those who interests at the expense of the national in- Eighth, I’d like you to emphasize that citi- think that our representative democracy has terest. zens play an essential role in making Con- failed or that the future of the country is The committee system has been eroded and gress work. bleak. is close to collapse. Legislation is regularly The American people bear more responsi- Just consider the condition of America drafted in informal settings outside the au- bility for the success of our representative today. In general I think it is a better place thorizing committees and brought directly democracy than they realize. If people don’t than it was when I came to Congress some 35 to the House or Senate floor. participate in the political process, their years ago. views cannot be effectively represented. This Congress devotes too little attention to Of course, our country still faces serious is not just a matter of voting. Our system de- some of the country’s major long-range chal- problems—from reducing economic inequal- pends upon open and trusting interaction be- lenges. How can we ensure that we have ade- ity to improving access to health care to tween representatives and the people who quate food, energy, and water supplies well strengthening our schools—but overall we elected them. into the future? How do we maintain a pros- are doing quite well. Let me give you an example of what I perous and open economy? What domestic We must be doing something right. mean. Back in the late 1970s, I was meeting and international environmental challenges Churchill’s remark that ‘‘democracy is the with a group of constituents in Switzerland will we face? Congress spends so much of its worst system devised by the wit of man, ex- County, a deeply rural, tobacco growing time struggling to pass its basic spending cept for all the others,’’ still rings true. county in the far southern corner of Indiana. bills that these kinds of long-term issues are I would hope that when each student It was not a place I expected to come for en- simply set aside and not dealt with. leaves your class, he or she would appreciate lightenment on international politics. Congress doesn’t perform adequate over- that this representative democracy of ours While talking with the group, though, the sight of government programs. Oversight of works reasonably well. subject of the Panama Canal treaties came the implementation of laws is at the very up. This was well before the media had fo- core of good government. But congressional f cused on the issue, but a man I’d never met oversight has shifted away in recent years RECOGNIZING THE NATIONAL suddenly stood up and laid out the clearest, from the systematic review of programs to WALK OUR CHILD TO SCHOOL most evenly reasoned argument for ratifica- highly politicized investigations of indi- tion that I ever did hear on the matter—even vidual public officials. DAY IN HONOR OF JOHN LAZOR after the treaty debate mushroomed into a Current scheduling practices make it dif- raging national issue. I was flabbergasted, ficult for Congress to carry out its respon- HON. DENNIS J. KUCINICH but took it as a humbling reminder that as sibilities. The 2 1/2 to 3 day legislative work- OF OHIO a Member of Congress, you can always find week makes it impossible for Members to at- IN THE HOUSE OF REPRESENTATIVES constituents who can teach you a thing or tend all of their committee meetings and two about an issue. other official business. Tuesday, October 3, 2000 My constituent in Switzerland County un- There is a severe lack of accountability in Mr. KUCINICH. Mr. Speaker, today I recog- derstood that the relationship between a cit- the appropriations process. Congress increas- nize Wendy Lazor, Councilman Ed Fitzgerald, izen and a representative requires more than ingly turns to omnibus legislation—com- a quick handshake, or a vote, or a moment’s bining hundreds of different provisions into the Lakewood City Council, and the Lakewood pause to sign a computer-generated postcard. one huge bill, tacking on unrelated riders Board of Education for their work in estab- He understood that there must be a con- and wasteful earmarks, lishing the ‘‘International Walk your Child to versation, a process of mutual education, be- The rules for the consideration of bills in School Day,’’ in honor and memory of John tween citizens and representatives. the House are often too restrictive. Although Lazor.

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 20828 EXTENSIONS OF REMARKS October 4, 2000 The tragic loss of three-year-old John Lazor ice and satisfying customers. The Amarillo VA HONORING KATARYNA CHOMIK occurred on April 26, 2000, while on an inno- Health Care System, which provides medical cent walk to the corner store with his day care assistance to veterans throughout the Texas provider. A pickup truck backed from across and Oklahoma Panhandles and portions of HON. DALE E. KILDEE the street into the driveway which young John Eastern New Mexico and Southern Kansas, OF MICHIGAN was standing in, killing him instantly. This trag- received the 2000 Carey Award for the health IN THE HOUSE OF REPRESENTATIVES edy emphasizes the importance of taking pre- care category. cautions and the need for children’s safety Tuesday, October 3, 2000 The Amarillo VA Health Care System serves education. John’s courageous mother, Wendy a population of 75,000 veterans and houses Mr. KILDEE. Mr. Speaker, I am happy today Lazor, has decided to dedicate herself to the an acute care facility, nursing home, two com- to recognize the accomplishments of a woman advocacy of pedestrian safety, especially chil- munity-based outpatient clinics, and four con- who has unselfishly worked to improve the dren. Amazingly, she found strength in the quality of life for our citizens. On Tuesday, Oc- midst of her loss to work as an advocate for tractual primary care clinics. Over 25,000 pa- tober 10, members of Flint, Michigan’s Inter- the public good. She is the driving force be- tients are treated annually, including 3,300 in- national Institute will gather to present to Mrs. hind Lakewood, Ohio’s recent resolution to es- patient and over 200,000 outpatient visits. Kataryna Chomik its prestigious Golden Door tablish Wednesday, October 4, 2000, as Na- They have implemented a wide variety of in- Award, given annually to an immigrant who tional Walk Our Children to School Day. novative measures, from moving the Sub- has made a positive impact on the greater Along with the help of the Lakewood Board stance Abuse Program to an outpatient setting Flint community and the Institute itself. of Education, City Council and Councilman Ed to restructuring Primary Care and to estab- Fitzgerald, The Lakewood Early Childhood lishing a safety program to reduce employee Born in February of 1920, in the Western Professionals has decided to dedicate a spe- accidents. Through the use of employee Ukraine, Irena, as she has come to be known, cial event, the National Walk Our Children to teams, the hospital now administers a Bar grew up with her parents and seven sisters. School Day, in John Lazor’s honor. All of Code Medication Administration, which uses As a child, Irena promised to never leave her Lakewood can participate in this event, in computer technology to track and monitor pa- home or family. However, several family trage- which the purpose is to provide an opportunity tient medications. In addition, they have estab- dies, including the death of her father, prompt- for adults to teach children about pedestrian lished a pilot program of the Computerized ed Irena’s mother to send her away to work as safety and choosing safe routes to school, and Patient Record System, enabling the hospital a companion and nursemaid to Maria Lewicka, to help make our communities more safe for to coordinate patient information so that all as- the daughter of a Ukranian priest who was re- walking. Because Lakewood is a densely pop- pects of the health care system may be uti- covering from a spinal injury. Although Irena’s ulated city, and one in whose children typically lized. strong faith had been forged early in her life, this experience strengthened her beliefs and walk to and from school on a daily basis, the The mission of the Veterans Health Admin- her commitment to service. City Board of Education has decided to sup- istration and the Amarillo VA Health Care Sys- port and encourage participation in National tem is to improve the health of the served At the beginning of World War II, Irena was Walk Our Children to School Day. The city’s population by providing primary, specialty, and sent to a school for kindergarten teachers, and main event, honoring the memory of Wendy extended care, and related social support upon graduation, managed a village program. Lazor’s son, John, will be held at his old services through an integrated health care de- The war progressed and headed in the direc- school, Franklin Elementary. livery program. As a learning organization, the tion of Irena’s town. Ukranian churches were Mr. Speaker, I ask my fellow colleagues to being destroyed and the clergy exterminated, VA Health Care System continually raises the rise with me in recognition of the hard work but Irena continued to work to preserve her standard for VA facilities nationwide. By focus- and dedication of Wendy Lazor, Councilman heritage. As a result, she was sentenced to ing on trust, teamwork, and continuous im- Ed Fitzgerald, and the rest of the City of Lake- ten years of hard labor by a Soviet war court, provement, the Amarillo VA has been able to wood’s Public and Educational Leadership for but was later retried and released. After this, greatly reduce the costs of primary care, in- their support of the National Walk Our Chil- Irena fled on foot, finding refuge in a Czecho- crease the quality of health care available and dren to School Day. And let us honor the slovakian convent, where the Sisters bought improve employee relations. These combined memory of the young John Lazor, and the her a plane ticket to Belgium. courage of his mother, Wendy, for striving to efforts have built a facility that provides an in- valuable service to thousands of veterans. It was in Belgium that Irena met Nicholas better the community even in the face of per- Chomik, who would later become her hus- sonal strife and distress. Her selfless compas- It is with pride that we recognize the doc- band. On Christmas Eve 1950, the Chomiks, sion and triumph in the face of tragedy is in- tors, nurses, administrators, volunteers, and along with their daughter, Olga, were wel- spirational to all. other staff who have contributed to this out- comed to their new life in the United States by f standing accomplishment. Thanks to their tre- a sight that told them that all their struggles mendous efforts, West Texas is home to an had not been for naught—the Statue of Lib- COMMENDING THE AMARILLO outstanding veteran health care provider. We erty. After living on the East Coast for a year, VETERANS AFFAIRS HEALTH wholeheartedly extend our congratulations to the Chomiks moved to Flint, where Nicholas CARE SYSTEM the Amarillo VA Health Care System for re- found employment with General Motors, and ceiving the 2000 Robert W. Carey Quality Irena worked as a seamstress. During this HON. LARRY COMBEST Award. time, the Chomiks were blessed with two more OF TEXAS daughters, Mary and Daria. HON. MAC THORNBERRY f It was during this time that Irena began a long-standing relationship with the group that OF TEXAS PERSONAL EXPLANATION greatly helped her when she first came to IN THE HOUSE OF REPRESENTATIVES America, the International Institute. Irena was Tuesday, October 3, 2000 HON. ROB PORTMAN always on hand volunteering on various com- Mr. COMBEST. Mr. Speaker, I, along with mittees, and participating in activities such as my distinguished colleague, Mr. THORNBERRY, OF OHIO international dance exhibitions, parades, and her annual Ukranian Easter Egg workshops. wish to congratulate the Amarillo Veterans Af- IN THE HOUSE OF REPRESENTATIVES fairs (VA) Health Care System for receiving Mr. Speaker, I am truly fascinated by stories the Robert W. Carey Quality Award from the Tuesday, October 3, 2000 such as Kataryna Chomik’s. Through tremen- Department of Veterans Affairs. This annual dous adversity, she has been able to live the award is one of the highest honors that a VA Mr. PORTMAN. Mr. Speaker, because I was true American dream. She is truly an inspira- facility can receive. The Carey Award recog- unavoidably detained, I missed Roll Call Votes tion to all who come into contact with her. I nizes model organizations for their quality #503, 504 and 505 yesterday. ask my colleagues in the 106th Congress to transformation efforts, organizational effective- Had I been present, I would have voted please join me to congratulate and wish Irena ness, and improvements in performance serv- ‘‘Yea’’ on each bill. the very best.

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 0634 E:\BR00\E04OC0.000 E04OC0 October 4, 2000 EXTENSIONS OF REMARKS 20829 A TRIBUTE TO THE MINORITY search and development results in major eco- VIOLENCE AGAINST WOMEN ACT ARTS RESOURCE COUNCIL nomic benefits to the nation; the creation of OF 2000 long-term jobs with subsequent generation of HON. ROBERT A. BRADY increased income, spending and economic SPEECH OF growth. OF PENNSYLVANIA HON. BARBARA LEE I know that technological advancement is a IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA key driving force of our national economic IN THE HOUSE OF REPRESENTATIVES Tuesday, October 3, 2000 growth. The revolution in telecommunications Mr. BRADY. Mr. Speaker, today I honor the is one example of the effects of technical Tuesday, September 26, 2000 Minority Arts Resource Council as it sponsors progress in the growth of the national econ- Ms. LEE. Mr. Speaker, I rise today to the Third Annual African American Rodeo in omy, and also an increase in our standards of strongly urge the Senate to reauthorize the Vi- the First Congressional District. The rodeo fo- living. Technical advances drive the economic olence Against Women Act (VAWA). Last cuses on the important contributions of African growth in several ways; it contributes to the week, the House passed VAWA by a vote of American Western pioneers. It also offers the creation of new jobs, new services, new indus- 415–3. opportunity for thousands of inner city school tries and new capital formation. In the past VAWA’s authorization expired on September children to view a part of American history that major technological innovation was provided 30, 2000. This means that the funding for has been left out of history books. by major corporate research centers. Today these programs is scheduled to run out this The African American Rodeo is a real life small, entrepreneurial companies are playing month. exciting spectacle that spotlights the role Afri- increasingly important roles in our techno- This law has provided battered women and can Americans played in the settling and logical advancement and economic growth. their children, a safe haven, and the support shaping of the American West. It tells the sto- These small high-tech companies create new necessary for their physical and emotional se- ries of the legendary Black heroes of the old products and services, develop new industries, curity. West, including Bill Pickett, who invented the and are major factors in driving both techno- VAWA has given a second chance to these sport of bulldogging or steer wrestling. If he logical change and growth in our national women as well as saved many of their lives. had not been banned from completing with economy. The SBIR program is critical to the Violence against women should not be toler- white rodeo contestants, Pickett may well continuation of the critical involvement of small ated. have become one of the greatest rodeo record businesses in our technological advancement. This legislation provides greater protections setters. I support H.R. 2392 because it will contribute to all women who have been victimized and Therefore, I proudly support the African to the growth of jobs and promote techno- abused. American Rodeo and I thank MARC for its ef- logical innovation. I join my colleagues in urging the Senate to forts to showcase the contribution of the Black pass the reauthorization bill now. cowboy so that our children can learn about f The women and the children of this nation an important American story that for too long are depending on the passage of this impor- CONGRATULATING CONGREGATION has gone untold. tant piece of legislation to help stop violent B’NAI ISRAEL f crimes against women. f PERSONAL EXPLANATION HON. JIM SAXTON OF NEW JERSEY LITTLE FLOWER MANOR MARKS 25 YEARS OF SERVICE HON. GARY G. MILLER IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Tuesday, October 3, 2000 IN THE HOUSE OF REPRESENTATIVES HON. PAUL E. KANJORSKI Mr. SAXTON. Mr. Speaker, please join me OF PENNSYLVANIA Tuesday, October 3, 2000 in congratulating Congregation B’nai Israel in IN THE HOUSE OF REPRESENTATIVES Mr. GARY MILLER of California. Mr. Speak- Toms River, New Jersey for its 50th anniver- Tuesday, October 3, 2000 er, on Monday, September 25, 2000 I was un- sary. Established in 1950, Congregation B’nai avoidably detained in my district. During my Israel has provided a number of important Mr. KANJORSKI. Mr. Speaker, today I pay absence, I missed roll call votes 487, 488, services to the Toms River community. These tribute to Little Flower Manor of Wilkes-Barre, 489, 490, 491, and 492. services are, but not limited to, study of the Pennsylvania, a nonprofit skilled nursing home Had I been present, I would have voted Torah, a nursery school, a variety of summer which is celebrating its 25th anniversary of ‘‘yes’’ on each of the motions. programs, numerous youth activities, and adult compassionate, loving care and service to the f education programs. Also, important to note is community. The Carmelite Sisters for the the fact that the congregation has continually Aged and Infirm operate Little Flower Manor SMALL BUSINESS INNOVATION RE- provided volunteer services to Caregivers, an under the auspices of the Diocese of Scran- SEARCH PROGRAM REAUTHOR- interfaith coalition whose mission is to train ton. IZATION ACT OF 2000 volunteers to provide home care services the This exceptional facility opened its doors in frail elderly, the disabled and the homebound. 1975, a living tribute to the vision, dedication SPEECH OF Such services are indispensable to the Toms and persistence of the Most Reverend J. Car- HON. DENNIS J. KUCINICH River community. roll McCormick, the late Bishop of Scranton, OF OHIO Since 1950, Congregation B’nai Israel has and the generosity of the faithful of the Dio- IN THE HOUSE OF REPRESENTATIVES grown exponentially. Today, the congregation cese. consists of 500 families, which makes it the This dedication to provide service to the Monday, September 25, 2000 largest synagogue between Monmouth County aged continues under the leadership of the Mr. KUCINICH. Mr. Speaker, I stand in sup- and Atlantic City. Most Reverend James C. Timlin, the present port of H.R. 2392 which would reauthorize the It is important to recognize the totality of Bishop of Scranton. At Little Flower Manor, Small Business Innovation Research Program Congregation B’nai Israel’s contributions to the each resident is given the attention required to (SBIR). The current SBIR authorization is due entire Toms River community. Simply put, enable him or her to maintain personal dignity, to sunset on October 1, 2000. H.R. 2392 Congregation B’nai Israel offers the needed individuality and independence. would extend the SBIR authorization into the atmosphere, environment, and dedication to A 25th Anniversary Gala will be held Nov. 3, next decade and provide a mechanism for fed- promote and enrich the lives of each syna- 2000, at the Woodlands Inn and Resort with eral agencies to contract with small business gogue member. Judge Peter Olszewski as guest speaker. Sis- for research and development projects. This Mr. Speaker, I would like to congratulate ter Jeanette D. Lindsay, administrator and important program is critical for the support of Congregation B’nai Israel for their upcoming chief operating officer of Little Flower Manor, small high-tech companies and fosters tech- 50th anniversary of their founding. May your will present the inaugural Crystal Rose Award. nical innovation which results in the nation’s gala dinner and dance at the synagogue be The honored recipients are Mr. and Mrs. John economic growth. The commercialization of re- joyful. D. McCarthy and the late Bishop McCormick.

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 20830 EXTENSIONS OF REMARKS October 4, 2000 Jack and CeCe McCarthy have been out- PERSONAL EXPLANATION Family Services works on many programs standing supporters of the values, commitment that have become an integral part of our com- and mission of Little Flower Manor, practicing HON. BOB FILNER munity including: Meals on Wheels; Project stewardship by giving unselfishly of their time, OF CALIFORNIA HEARTH (Helping Elderly Adults Remain in talents and treasure. IN THE HOUSE OF REPRESENTATIVES Their Homes); Project HOPE, which provides HIV/AIDS Prevention and Support Services; Mr. Speaker, I send my congratulations and Tuesday, October 3, 2000 best wishes to the McCarthys, the Carmelite Families and Schools Together; and Safe Sisters, the Diocese of Scranton, and every- Mr. FILNER. Mr. Speaker, due to the death Kids. Family Services also provides work- one who plays a part in Little Flower Manor’s of my father, I did not attend the session of shops and seminars such as ‘‘Family Violence continued service to its residents. June 28, 2000 and June 29, 2000. Had I been Prevention’’, ‘‘Dating Violence Prevention’’, present, I would have voted as follows on the and ‘‘Partnerships for Community Building’’, f roll call votes indicated: which help families confront many of today’s #352—yes, #353—yes, #354—yes, #355— challenges. IN RECOGNITION OF THE 50TH AN- no, #356—yes, #357—no, #359—no, #360— It is an honor to recognize the remarkable NIVERSARY OF THE UKRAINIAN- no, #361—no, #362—no, #363—yes, #364— impact this organization has on the commu- AMERICAN YOUTH ASSOCIATION no, #365—yes, #366—no, #367—no, #368— nity. Family Services has enhanced the quality no, #369—no, #370—no, #372—yes. of life for many of my constituents and it is a HON. DENNIS J. KUCINICH f privilege to represent such an extraordinary organization. OF OHIO REPUBLIC OF CHINA’S NATIONAL f IN THE HOUSE OF REPRESENTATIVES DAY IN HONOR OF RITA CESTARIC Tuesday, October 3, 2000 HON. GEORGE RADANOVICH Mr. KUCINICH. Mr. Speaker, I rise today in OF CALIFORNIA honor of the Ukrainian-American Youth Asso- HON. DENNIS J. KUCINICH IN THE HOUSE OF REPRESENTATIVES OF OHIO ciation’s 50 years of distinguished service to Tuesday, October 3, 2000 Greater Cleveland’s Ukrainian youth popu- IN THE HOUSE OF REPRESENTATIVES lation. Mr. RADANOVICH. Mr. Speaker, Taiwan is Tuesday, October 3, 2000 a free democratic nation in the Pacific and a The Ukrainian-American Youth Association, Mr. KUCINICH. Mr. Speaker, today I pay shining example of economic success and a group which educates the young about tradi- tribute to Rita Cestaric who has been an out- total democratization. Taiwan’s accomplish- tional Christian and patriotic values, embodies standing citizen of my district and our state. ments are too numerous to mention here, but the very values it pledges to teach. Guided by Rita Cestaric’s entire life has been one of de- I do want to note that Taiwan’s success is di- the principles of organizing, nurturing, and votion to her family, her friends and her com- rectly attributable to its people’s industrious- educating youth under the ideals of ‘‘God and munity. Her passion for service to community ness and its leader’s wisdom. Today nearly Ukraine,’’ the Youth Association promotes helped to encourage the involvement of many everyone in Taiwan is middle class, and is en- Christian ethics and pride in their Ukrainian people in public life, including myself. She was joying the country’s many amenities—such as national heritage. Our community has been ever the activist, prodding and pushing, mov- good food, adequate housing, a good trans- gracefully elevated due to the work of this ing mountains on behalf of her city and her portation system, excellent schools and crime- dedicated organization which encourages to- nation. She was a civic and political force for free neighborhoods. Politically, people can morrow’s leaders to step forward into positions decades in North Olmstead, Ohio. freely express their opinions and elect their of leadership in the Ukrainian-American com- The home of Rita and her devoted husband, leaders at every level. Press freedom and munity, as well as the larger local, national, John Cestaric, was always a hub of activity in human rights are also guaranteed by Taiwan’s and global communities. the community. With John’s patient support, constitution. A debt of gratitude is owed to the Ukrainian- the Cestaric household was an important stop Therefore, to my friends in Taiwan, I want to American Youth Association. The young, who in any political campaign. Her children, Rita, go on record stating that you have done a have been touched by the caring, ‘‘spirit in- Carole and John were always in amazement wonderful job and congratulations on your voked’’ ideals taught there, have grown to be- at the endless stream of activity which charac- 89th National Day. come the model citizens and leaders in our terized the Cestaric home. They saw firsthand community who we are always eager to wel- f the impact of their mother’s dedication and un- come. Mindful of the role of the citizen in his HONORING THE MONTGOMERY derstood how significant her help was to so or her respective locality, the Ukrainian-Amer- COUNTY FAMILY SERVICES many people. ican Youth Association instructs its youth Public officials came to the Cestaric home about the duties and responsibilities of good HON. JOSEPH M. HOEFFEL not only to meet the people of the neighbor- citizenship, always encouraging and chal- OF PENNSYLVANIA hood, but they were drawn to Rita. She gave lenging them to become leaders within their wise counsel to generations of public servants IN THE HOUSE OF REPRESENTATIVES Ukrainian culture and their communities-at- who sought her assistance. She always had a large. The firm foundation of educating the Tuesday, October 3, 2000 sense of what was in the public interest. Her Ukrainian youth about the value of freedom Mr. HOEFFEL. Mr. Speaker, today I con- wisdom was the wisdom of the people and should not be underestimated. Rather, it is the gratulate Family Services as they celebrate when she spoke you always knew that hers very basis for the continuing engagement of 100 years of exemplary service in Mont- was unmistakably the voice of many. She was our all-too-often apathetic youth, and there- gomery County, Pennsylvania. This organiza- an exemplar of the power of women in politics. fore, the basis of the improvement of our soci- tion was established when three local non- She was a singular force for encouraging ety in both the near and distant future. profit organizations merged. Family Services many women to become involved in the civic Mr. Speaker, I ask that my colleagues rise of Pottstown, the Lower Montgomery County life of their communities. with me today in celebration of the Ukrainian- Service Society, and the Main Line Neighbor- Rita Cestaric was an optimist. She faced all American Youth Association’s 50 years of hood united to provide the community with challenges in life with equanimity. She suf- service to the Ukrainian-American youth popu- outstanding social services. fered the loss of her dear husband John, and lation. Many young persons have surely bene- The 13th Congressional District of Pennsyl- still she moved ahead to continue her con- fitted from the work of this tireless group, and vania benefits from many programs imple- tributions of her time and her efforts. And our nation has surely benefitted from the mented by Family Services. The services pro- when she at last faced her most serious per- Youth Association’s instruction on the virtues vided by this group address a variety of needs sonal challenge to her health, she did so with- and responsibilities of good citizenship and the including counseling, access to housing, med- out complaint, but with great inner strength value of freedom. Let us honor this distin- ical care, delivery of meals, identifying peer and beauty. guished group and let us wish them 50 more support systems, and locating resources to Mr. Speaker, I ask that Members of the years of fantastic service to our population. prevent future problems. House of Representatives of the United States

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 October 4, 2000 EXTENSIONS OF REMARKS 20831 of America join with me in paying tribute to the in Detroit, Michigan with the participation of obscene materials to minors, introduced by life of Rita Cestaric, and expressing gratitude students and teachers from one hundred the gentleman from Colorado, Mr. TANCREDO, for her love of country and her service to com- twenty middle schools, high schools, adult I would have voted ‘‘Yea’’. munity. education programs and post-secondary insti- On H.R. 3088 (rollcall No. 505), to amend f tutions in Southeast Michigan. They will be the Omnibus Crime Control and Safe Streets linked with teachers and students from major Act of 1968 to provide additional protections to TRIBUTE TO MR. AND MRS. U.S. and non-U.S. cities. victims of rape, introduced by the gentleman WILLIE MCCOY In an era when so many people have be- from Pennsylvania, Mr. WELDON, I would have come disillusioned with the political process voted ‘‘Yea’’. HON. JAMES E. CLYBURN and have stopped participating, it is vitally im- f OF SOUTH CAROLINA portant that we energize our young people to IN HONOR OF JOSEPH A. BALZANO IN THE HOUSE OF REPRESENTATIVES become involved. It is my pleasure to ac- Tuesday, October 3, 2000 knowledge and commend Wayne State Uni- versity and the Youth Urban Agenda/Civil Lit- HON. JIM SAXTON Mr. CLYBURN. Mr. Speaker, today I pay eracy Project for it’s leadership and vision in OF NEW JERSEY tribute to Willie and Agnes McCoy on the oc- preparing young people to fully participate in IN THE HOUSE OF REPRESENTATIVES casion of their 60th wedding anniversary. Sixty the political process. Tuesday, October 3, 2000 years of marriage is an accomplishment that is f worthy of recognition, and I’d like to add my Mr. SAXTON. Mr. Speaker, I make special wishes for a happy 90th year to Mr. Willie PERSONAL EXPLANATION note of a very important person who has McCoy. He celebrated his 90th Birthday on served the State of New Jersey, the City of the 4th of September. HON. JULIA CARSON Camden, and the Delaware River port commu- In June of 1940, Willie McCoy and Agnes OF INDIANA nity for 50 years. Green met in Jacksonville, Florida. After an in- IN THE HOUSE OF REPRESENTATIVES Mr. Joseph A. Balzano, or Joe as we call stant connection and brief courtship, Willie and him, serves as Executive Director and Chief Agnes were married on November 16, 1940. Tuesday, October 3, 2000 Executive Officer of the South Jersey Port They were wed in the home of a friend by Ms. CARSON. Mr. Speaker, I was unavoid- Commission, Port of Camden. The South Jer- Rev. H.H. Robinson, whose words to them ably absent yesterday, Monday October 2, sey Port Commission hired Joe in 1951 as an were ‘‘always respect each other, and never 2000, and as a result, missed roll call votes equipment operator. He quickly moved into be too proud to say I’m sorry.’’ Upon this foun- 503 through 505. Had I been present, I would management, serving as the Port Operations dation of respect and humility, coupled with have voted ‘‘no’’ on roll call vote 503, ‘‘yes’’ on Manager from 1961 to 1982, then as Deputy love, honesty, and trust, an exemplary mar- roll call vote 504, and ‘‘yes’’ on roll call vote Director of the Commission from 1982 to riage was forged. 505. 1989, and finally as Executive Director and Throughout their many years together, they f CEO since 1989. On August 22, 2000, he have been blessed with seven children, six- began his 50th year working for the Port of teen grandchildren, many great-grandchildren, PERSONAL EXPLANATION Camden. and a number of wonderful nieces, nephews, My friend Joe has had a very interesting ca- and close friends. One of their children, Willie, HON. BOB RILEY reer with many highlights. One of these high- is a very good friend to me and my family. OF ALABAMA lights was his integral role in helping to bring To each other, they are gifts from God. To IN THE HOUSE OF REPRESENTATIVES the retired Battleship USS New Jersey (BB– us, they are an example of true love and 62) to its namesake home of New Jersey, and friendship. Mr. Speaker, I ask you and my col- Tuesday, October 3, 2000 to its final resting place as a national museum leagues to join me in honoring Mr. and Mrs. Mr. RILEY. Mr. Speaker, I was unavoidably docked in the Port of Camden. Willie McCoy on their 60th wedding anniver- detained for rollcall No. 503, H.R. 4049, the Joe was born and raised, attended school, sary, and Mr. Willie McCoy on his 90th birth- Privacy Commission Act. Had I been present married and raised his family in the City of day. I would have voted ‘‘yea’’. Mr. Speaker, I was Camden. He has received many honors and f unavoidably detained for rollcall No. 504, H.R. awards over the years—too many to list 4147, the Stop Material Unsuitable for Teens here—and is among the best senior execu- RECOGNITION OF YOUTH CIVIC Act. Had I been present I would have voted tives in the maritime industry. LITERACY MONTH AND THE IM- ‘‘yea’’. Furthermore, Mr. Speaker, I was un- The Port of Camden is thankful that Joe PORTANT CONTRIBUTIONS OF avoidably detained for rollcall No. 505, H.R. Balzano’s knowledge, wisdom, leadership and WAYNE STATE UNIVERSITY’S 3088, the Victims of Rape Health Protection dedication have blessed New Jersey and the CIVIC LITERACY PROJECT Act. Had I been present I would have voted Delaware River port community for five dec- ‘‘yea’’. ades. Moreover, we are fortunate that his HON. DEBBIE STABENOW f presence will continue to grace the streets of OF MICHIGAN Camden for years to come. PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES On behalf of the United States Congress and the 3rd Congressional District of New Jer- Tuesday, October 3, 2000 HON. MAJOR R. OWENS sey, I thank Joe Balzano for his distinguished Ms. STABENOW. Mr. Speaker, today I rec- OF NEW YORK service and dedication to the Port of Camden ognize the Youth Urban Agenda/Civic Literacy IN THE HOUSE OF REPRESENTATIVES and to the State of New Jersey. Project of Wayne State University. As a result f of their efforts to encourage youth participation Tuesday, October 3, 2000 in the political process, the month of October Mr. OWENS. Mr. Speaker, yesterday I was COMMEMORATING UNITY DAY 2000 is being recognized as Youth Civic Lit- unavoidably absent on a matter of critical im- eracy Month in Wayne County Michigan. portance and missed the following votes: HON. GARY G. MILLER The Youth Urban Agenda/Civic Literacy On H.R. 4049 (rollcall No. 503), to establish OF CALIFORNIA Project started at Wayne State University in the Commission for the Comprehensive Study IN THE HOUSE OF REPRESENTATIVES 1986 in an effort to promote programs to of Privacy Protection, introduced by the gen- Tuesday, October 3, 2000 teach students about civic responsibility and tleman from Arkansas, Mr. HUTCHINSON, I provide them with the tools they need to build would have voted ‘‘Nay’’ Mr. GARY MILLER of California. Mr. Speak- a real political agenda. This month the Project On H.R. 4147 (rollcall No. 504), to amend er, it is with great pleasure that I commemo- will convene an international telecommuni- Title 18 United States Code, to increase the rate Unity Day, which is being celebrated in cations event entitled ‘‘A Youth Urban Agenda age of persons considered to be minors for Germany today. October 3, 2000 marks the in the New Millennium.’’ The event will be held the purposes of the prohibition on transporting 10th Anniversary of Germany’s Reunification.

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 20832 EXTENSIONS OF REMARKS October 4, 2000 Growing up, I learned about two countries ests in German and German American culture, In an attempt to proceed forward in an ex- called Germany—the West and the East—an heritage and values through its presentations peditious matter the administrative office of the ally and an enemy. For over 40 years, this of educational lectures, cultural and arts pro- courts and the U.S. General Services Adminis- country was divided; families were separated, grams, and seminars. tration, both concurring with the need for a and most strikingly, vastly different political f courthouse in Orange County, determined that ideologies governed these two nations. a facility could and should be constructed and However, the highly dynamic 20th Century PERSONAL EXPLANATION paid through GSA’s current funding. allowed the generation which witnessed the di- This project had and still has clear evidence vision of this great nation see it reunified on HON. JOSEPH M. HOEFFEL denoting the growth in population and eco- October 3, 1990. What once seemed impos- OF PENNSYLVANIA nomic activity in Dutchess, Orange, and Sul- sible became unstoppable as the Berlin Wall IN THE HOUSE OF REPRESENTATIVES livan County in New York, as well as steady increases in caseload from the mid-Hudson opened on November 9, 1989, and streams of Tuesday, October 3, 2000 excited people crossed into the west. While Valley region. In fact, current statistics sug- these people were separated by geography Mr. HOEFFEL. Mr. Speaker, last night I gests that the need is even greater now than and government, their German heritage and missed the first vote (#503) which authorized previously ascertained by Congress in 1996. common memory of one country kept them to- a Privacy Commission. I was unavoidably de- The number of cases in 1999 that could have gether. tained on a train from Philadelphia which was gone to an Orange County Courthouse, based While the desire to reunite these two na- late in arriving. If present, I would have voted on the location of the litigants or the attorney’s tions was strong, significant economic, polit- ‘‘nay’’ on the motion. residence, increased to 312, up from 290 in ical, and social challenges faced the newly f 1996. Moreover, the population for the region united Germany. Despite these issues, the has increased to 671,767, up from 656,740 in REVIEW BY CONGRESS OF PRO- German government and her people pressed 1996 and the total labor force has risen to POSED CONSTRUCTION OF COURT forward, refusing to look back. 309,100 up from 301,800 in 1996. FACILITIES—H.R. 5363 Today, Germany has much to celebrate. Furthermore, it should be noted that while Now united, this country has defined itself, Congress may have acquiesced in the closure both as a sovereign nation, and within the HON. BENJAMIN A. GILMAN of some courthouses which have become re- context of multinational institutions such as the OF NEW YORK dundant, based on considerations of economy European Union, NATO, and the United IN THE HOUSE OF REPRESENTATIVES and efficiency, I know of no situation where a States. In addition, Germany has remained a Tuesday, October 3, 2000 court has refused to provide judicial services strong ally of the United States. at a location designated by statute, where As Germany celebrates the realization of Mr. GILMAN. Mr. Speaker, today I am intro- both the need exists and there is strong local freedom and democracy under one flag, let ducing legislation to provide for the review by support for the service. Such was and still is this Congress recognize and offer its con- Congress of proposed construction of court fa- clearly the case with regard to the Orange gratulations on this milestone of achievement, cilities, H.R. 5363. County project. the 10th Anniversary of German Reunification. I am introducing this measure in response Accordingly, while it is now current practice, f to my experience with a proposed Federal as denoted by title 28 of the U.S. Code, for courthouse project for Orange County, New the U.S. Administrative Office of the Courts A TRIBUTE TO THE GERMAN York. and the GSA to develop a rolling five year SOCIETY OF PENNSYLVANIA In April of this year, the Judicial Council of plan denoting the need for courthouse con- the Second Circuit voted to rescind its prior struction, I believe it is important for Congress HON. ROBERT A. BRADY 1992 approval for construction of a Federal to have a say in this important matter. OF PENNSYLVANIA courthouse in Orange County, New York. The legislation I introduced today will re- IN THE HOUSE OF REPRESENTATIVES This project began in 1991, when then Chief quire the director of the Administrative Office Judge of the U.S. District Court of the South- of the United States Courts to submit for ap- Tuesday, October 3, 2000 ern District of New York the honorable Charles proval to the Congress a report setting forth Mr. BRADY of Pennsylvania. Mr. Speaker, L. Brient, requested the board of judges to the courts plans for proposed construction. today I honor the German Society of Pennsyl- study future planning for court facilities west of Congress will have 30 legislative days to dis- vania. Founded in 1764, it is the oldest Ger- the Hudson River. Subsequently, on June approve of the proposed construction. man American organization in the new world. 1992, the board of judges of the southern dis- It has become apparent to me after the ex- In celebration of its founding, the Society will trict found that there was a need for a court- perience I have had with both the Board of hold its 236th Anniversary Ball and its annual house to meet the growing demands in the Judges of the southern district and the Judicial German American Day festivities. mid-Hudson Valley Region of New York, and Council of the Second Circuit that an impe- The first German immigrants came to the voted unanimously to authorize the chief judge rialistic attitude among many of our Federal new world after being invited by William Penn to apply to the Judicial Council of the Second judges prevail. to come to his colony. Ultimately, thirteen fam- Circuit for approval of a Federal District Court- The decision as to whether or not to move ilies settled in what became known as Ger- house west of the Hudson. forward with construction of a court facility is mantown, one of Philadelphia’s oldest sections Following approval of the Judicial Council of no longer based on existing evidence and of the city. These families left their homes in the Second Circuit on July 28, 1992, the mat- data showing the need, but instead on the the Rhineland City of Krefeld and arrived in ter was referred to the court administration personal thoughts of the judges involved. Philadelphia on October 6, 1683, a date cele- and case management committee of the judi- This legislation will end that practice. Ac- brated by German Americans as the beginning cial conference of the United States. The com- cordingly, I urge my colleagues to support of their history in the United States. mittee reported favorably and voted unani- H.R. 5363. The flow of German immigrants continued mously in a March 1993 session of the judicial H.R. 5363 and the poorest of them suffered many hard- conference of the United States to ‘‘seek legis- Be it enacted by the Senate and House of Rep- ships and cruelty. As a result the Society was lation on the court’s behalf to amend title 28 resentatives of the United States of America in founded, for the express purpose of aiding of the U.S. Code, section 112(b) to establish Congress assembled, these distressed immigrants. And, because of a place for holding court in the Middletown/ SECTION 1. CONGRESSIONAL REVIEW OF NEW the Society’s advocacy a series of measures Wallkill area of Orange County or such nearby CONSTRUCTION FOR FEDERAL to protect immigrants were enacted. location as may be deemed appropriate.’’ COURTS. Today, the Society maintains its presence in Accordingly, during the 104th Congress, (a) IN GENERAL.—Section 462 of title 28, the First Congressional District in its historic Public Law 104–317 was approved desig- United States Code, is amended by adding at the end the following new subsection: 1888 landmark building, which is on the na- nating that ‘‘court for the southern district shall ‘‘(g)(1) Facilities for holding court may not tional list of historic places. The Society also be held at New York, White Plains, and in be constructed unless— continues to steadfastly fulfill its mission to Middletown-Wallkill area of Orange County or ‘‘(A) the Director of the Administrative Of- serve its members and those who share inter- such nearby location as may be appropriate.’’ fice of the United States Courts submits to

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 0634 E:\BR00\E04OC0.000 E04OC0 October 4, 2000 EXTENSIONS OF REMARKS 20833 the Congress a report setting forth the plans State Department’s Country Reports on Whereas the Olympic Charter states that for the proposed construction; and Human Rights Practices, the government of ‘‘Olympism’’ and the Olympic ideal seek to ‘‘(B) 30 days have elapsed and the Congress China ‘‘continued to commit widespread and foster ‘‘respect for universal fundamental eth- has not, before the end of that 30-day period, well-documented human rights abuses, in vio- enacted a provision of law stating in sub- ical principles’’; stance that the Congress disapproves the lation of internationally accepted norms.’’ Whereas the United Nations General As- proposed construction. I reject the argument that holding the games sembly in resolution 48/11 adopted on Octo- ‘‘(2) For purposes of paragraph (1), con- in Beijing will encourage the Chinese govern- ber 25, 1993, recognized ‘‘that the Olympic struction of facilities includes the alter- ment to clean up its act with regard to human goal of the Olympic Movement is to build a ation, improvement, remodeling, reconstruc- rights. The Mayor of Beijing, in connection peaceful and better world by educating the tion, or enlargement of any building for pur- with the city’s bid to host the games, already youth of the world through sport, practiced poses of holding court. informed a rally in the city that in preparation without discrimination of any kind and the ‘‘(3) The 30-day period referred to in para- for the Games, the government will ‘‘resolutely Olympic spirit, which requires mutual under- graph (1) shall be computed by excluding— smash and crack down on Falun Gong and ‘‘(A) the days on which either House is not standing, promoted by friendship, solidarity in session because of an adjournment of more other evil cults.’’ If Beijing’s bid is accepted, and fair play; than 3 days to a day certain or an adjourn- there will be more—not fewer—human rights Whereas United National General Assembly ment of the Congress sine die; and violations. in resolution 50/13 of November 7, 1995, ‘‘(B) any Saturday and Sunday, not ex- Mr. Speaker, the venue of the Olympic stressed ‘‘the importance of the principles of cluded under subparagraph (A), when either Games has great significance. Hitler’s Berlin the Olympic charter, according to which any House is not in session.’’. Olympics of 1936 were nothing more than a form of discrimination with regard to a country (b) CONFORMING AMENDMENTS.—Section 462 propaganda exercise—an attempt to fool other or a person on grounds of race, religion, poli- of title 28, United States Code, is amended— countries into believing that Nazi Germany tics, sex or otherwise is incompatible with the (1) in subsection (b), by inserting before was a model world citizen. Holding the games Olympic Movement; the period at the end the following: ‘‘, and in Beijing will convey a message that is incon- subject to subsection (g)’’; Whereas the State Department’s Country (2) in subsection (c), by inserting before the sistent with the Olympic ideal. Reports on Human Rights Practices for 1999 period at the end the following: ‘‘, and sub- Clearly the venue for the Olympic Games is reports that ject to subsection (g)’’; and a decision that will be made by the IOC, but (1) ‘‘The [Chinese] Government continued to (3) in subsection (f), by inserting ‘‘subject clearly this is an issue on which the U.S. Con- commit widespread and well-documented to subsection (g),’’ after ‘‘Director re- gress can and should express its opinion. If human rights abuses, in violation of inter- quests,’’. we do not to express our views in the face of nationally accepted norms.’’ China’s egregious human rights violations, we f (2) ‘‘Abuses included instances of would be derelict in our responsibilities. extrajudicial killings, torture and mistreatment CHINA’S HUMAN RIGHTS VIOLA- In 1993, as the IOC was considering the of prisoners, forced confessions, arbitrary ar- TIONS DISQUALIFY BEIJING venue for the 2000 Olympic Games, Mr. rest and detention, lengthy incommunicado FROM HOSTING THE 2008 OLYM- Speaker, I introduced a resolution which ex- detention, and denial of due process.’’ PIC GAMES pressed the sense of the House of Represent- (3) ‘‘The Government infringed on citizens’ atives that the Olympics in the year 2000 privacy rights.’’ HON. TOM LANTOS should not be held in Beijing or elsewhere in (4) ‘‘The Government tightened restrictions the People’s Republic of China. That resolu- on freedom of speech and of the press, and OF CALIFORNIA tion was approved by an overwhelming vote in increased controls on the Internet; self-censor- IN THE HOUSE OF REPRESENTATIVES the House of Representatives on July 26, ship by journalists also increased.’’ Wednesday, October 4, 2000 1993. A Short while later, the IOC voted to ac- (5) ‘‘The Government severely restricted Mr. LANTOS. Mr. Speaker, last Thursday, I cept the bid of Sydney, Australia, as host to freedom of assembly and continued to restrict introduced House Resolution 601, a resolution the 2000 games. freedom of association.’’ Mr. Speaker, it is imperative that we con- (6) ‘‘The Government continued to restrict expressing the sense of the House of Rep- tinue to call the attention of the world commu- freedom of religion and intensified controls on resentatives that the Olympic Games in the nity to the serious violation of human rights by some unregistered churches.’’ year 2008 should NOT be held in Beijing in the government of the People’s Republic of (7) ‘‘The Government continued to restrict the People’s Republic of China. Joining me as China. Holding the games in Beijing, if human freedom of movement.’’ cosponsors of this resolution are a distin- rights violations continue unabated, would be (8)The Government does not permit inde- guished bipartisan group of our colleagues so contrary to the spirit of the Olympics that pendent domestic nongovernmental organiza- who are leaders in the area of human rights the Beijing games would go down in history in tions (NGOs) to monitor publicly human rights the Gentleman from California, Mr. COX; the much the same terms as Hitler’s 1936 games. conditions.’’ gentleman from Virginia, Mr. WOLF; the gen- This is an issue on which this House should (9) ‘‘Violence against women, including co- tleman from New Jersey, Mr. SMITH; the gen- express its view. ercive family planning practices—which some- tlewoman from California, Ms. PELOSI; the Mr. Speaker, I submit the full text of House times include forced abortion and forced steri- gentleman from Illinois, Mr. PORTER; and the Resolution 601 to be printed in the RECORD. lization; prostitution; discrimination against gentleman from California, Mr. ROHRABACHER. The text of the resolution spells out in greater women; trafficking in women and children; Mr. Speaker, Beijing is one of five cities cur- detail the concerns we have regarding China’s abuse of children; and discrimination against rently under consideration by the International record on human rights and its inconsistency the disabled and minorities are all problems.’’ Olympic Committee (IOC) to host the games with the Olympic ideal. (10) ‘‘The Government continued to restrict in the year 2008. Four other cities are also still HOUSE RESOLUTION 601 tightly worker rights, and forced labor in prison in the running—Istanbul, Turkey; Osaka, Expressing the sense of the House of Rep- facilities remains a serious problem. Child Japan; Paris. France; and Toronto, Canada. resentatives that without improvement in labor persists.’’ The decision on the venue for the 2008 human rights the Olympic Games in the year (11) ‘‘Particularly serious human rights Games will be made by the IOC at its meeting 2008 should not be held in Beijing in the Peo- abuses persisted in some minority area, espe- in Moscow in July 2001. Since the decision ples Republic of China. cially in Tibet and Xinjiang, where restrictions will be made in only nine months, it is impor- Whereas the International Olympic Com- on religion and other fundamental freedoms tant that any expression of the views of the mittee is now in the process of determining intensified.’’; House of Representatives be made known the venue of the Olympic Games in the year Whereas, according to press reports, Liu Qi, quickly. 2008 and is scheduled to make that decision the Mayor of Beijing, told a rally called to pro- Mr. Speaker, the human rights record of the at the IOC meeting scheduled for Moscow in mote Beijing’s bid to host the Olympic Games People’s Republic of China is abominable and July 2001; that the government would ‘‘resolutely smash it is getting worse, not better. It is completely Whereas the city of Beijing has made a pro- and crack down on Falun Gong and other evil inconsistent with the Olympic ideal to hold the posal to the International Olympic Committee cults’’ in preparation for hosting the games; Games in Beijing. As our resolution spells out that the summer Olympic Games in the year Whereas, the egregious human rights in greater detail, according to most recent 2008 be held in Beijing; abuses committed by the Government of

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 20834 EXTENSIONS OF REMARKS October 4, 2000 China are inconsistent with the Olympic ideal; properties that are located in Brunswick and role in assisting developing economies and and the Jacksonville Warehouse Co. Mr. Zell start- contributing to international organizations fo- Whereas on July 26, 1993, the House of ed his first job at age 12 delivering news- cused on economic, trade and development Representatives adopted House Resolution papers for the Brunswick News. The year after matters. Taiwan is the world’s 13th largest 188 in the 103rd Congress which expressed he graduated from Glynn Academy, he served economy with over $235 billion in two-way the sense of the House of Representatives as an apprentice seaman in the U.S. Navy. trade. Indeed, Taiwan already is an active and that the Olympics in the year 2000 should not During his time in the Navy, he managed a constructive member of the Asia Development be held in Beijing or elsewhere in the People’s shipyard cafeteria that served 30,000 workers Bank and APEC and has been an observer at Republic of China; daily, as they built ships at the Brunswick the World Trade Organization since 1992. Now, therefore, be it Resolved that the shipyards during World War II. This year, on May 24, 2000, this body clear- House of Representatives Please join me again in applauding Mr. Zell. ly and unequivocally spoke in favor of Tai- (1) welcomes the participation of Chinese He represents what is best in America—he is wan’s accession to the WTO as a full member athletes in the Olympic Games, notes the out- a self-learner, and through hard work and per- by passing H.R. 4444. Given recent state- standing competitive effort of Chinese athletes sistence has reached the true meaning of suc- ments by representatives of the People’s Re- in the games in Sydney, Australia, where Chi- cess. Let us all take direction from him and public of China, this Member wishes to reaf- nese athletes placed third in the number of strive to obtain his love for work. He has con- firm that legislation’s commitment that the medals earned, and in Atlanta, Georgia, and tinually given to his community and never United States should be prepared to aggres- Barcelona, Spain, where Chinese athletes also asked for anything back in return. Our society sively counter any attempt to delay, set condi- placed third in the number of medals earned, today needs more people like him to inspire tions on, or block Taiwan’s accession to the and wholeheartedly welcomes the support of and continually give relentlessly. WTO. Our strong support for Taiwan’s acces- the Chinese people for the Olympic Games; f sion to the WTO is clear. (2) acknowledges that the Chinese people The resolution also calls on the Clinton Ad- and thousands of Chinese Olympic athletes EXPRESSING SENSE OF CONGRESS ministration to uphold the commitment made have shown their strong support for the Olym- REGARDING TAIWAN’S PARTICI- in its 1994 Taiwan Policy Review to more ac- pic spirit through their commitment to excel- PATION IN THE UNITED NATIONS tively support Taiwan’s participation in appro- lence, energy, skill, sportsmanship, and good priate international organizations. SPEECH OF will towards their fellow athletes; Mr. Speaker, in closing, this Member notes (3) expresses the sense of the House of HON. DOUG BEREUTER that this body has repeatedly passed meas- Representatives that the Olympic Games in OF NEBRASKA ures that call for greater participation by Tai- the year 2008 should not be held in Beijing in IN THE HOUSE OF REPRESENTATIVES wan in international organizations, in particular the People’s Republic of China because the Tuesday, October 3, 2000 supporting Taiwan’s participation in the United deplorable human rights record of the Peo- Nations, the World Health Organization, and ple’s Republic of China violates international Mr. BEREUTER. Mr. Speaker, this Member the World Trade Organization, among others. human rights standards which that Govern- rises in strong support of H. Con. Res. 390. As Chairman of the Asia and Pacific Sub- ment has pledged to uphold and its actions This Member would first like to express his committee, this Member believes it is worth- are inconsistent with the Olympic ideal; sincere appreciation to the distinguished gen- while for this body to reaffirm its support and (4) expresses the view that the House looks tleman from Colorado [Mr. SCHAFFER] for intro- commitment to Taiwan’s participation in these forward to the day when the House can sup- ducing this resolution on September 6, 2000 important international organizations. There- port a proposal of the People’s Republic of and for working with this Member and staff on fore, this Member strongly supports the pas- China to host the Olympic Games at a time a limited number of modifications to the reso- sage of H. Con. Res. 390. when the Chinese people openly enjoy the tol- lution as introduced. In addition, this Member f erance and freedoms espoused by the high would also like to thank the distinguished ideals of the Olympic tradition; and Ranking Member of the Subcommittee on Asia CONFERENCE REPORT ON H.R. 4578, (5) directs the Clerk of the House of Rep- and the Pacific [Mr. LANTOS], the distinguished DEPARTMENT OF THE INTERIOR resentatives to transmit a copy of this resolu- Chairman of the Committee on International AND RELATED AGENCIES APPRO- tion to the Chairman of the International Olym- Relations [Mr. GILMAN] and the Committee’s PRIATIONS ACT, 2001 pic Committee and to the United States rep- distinguished Ranking Member [Mr. GEJDEN- SPEECH OF resentative to the International Olympic Com- SON], for supporting this resolution and moving mittee with the request that it be circulated to it expeditiously forward to the House Floor for HON. MARK UDALL all members of the committee. consideration. OF COLORADO f House Concurrent Resolution 390 ex- IN THE HOUSE OF REPRESENTATIVES presses this body’s strong support for Tai- RECOGNITION OF CARLEY ZELL wan’s participation in the United Nations and Tuesday, October 3, 2000 AS GEORGIA’S OLDER WORKER other international organizations, including the Mr. UDALL of Colorado. Mr. Speaker, I will OF THE YEAR World Health Organization (WHO). The resolu- vote for this conference report—and I will do tion correctly notes that the 23 million people so as a strong supporter of the Conservation HON. JACK KINGSTON on Taiwan have much to contribute—both and Reinvestment Act, or ‘‘CARA.’’ OF GEORGIA substantively and financially—to the work of I understand that other supporters of CARA IN THE HOUSE OF REPRESENTATIVES international organizations. Clearly, the people may disagree. They are concerned that pas- on Taiwan should also benefit from the work sage of this bill will mean that CARA is dead. Wednesday, October 4, 2000 of the international organizations as do all But I do not think that is the case. Certainly Mr. KINGSTON. Mr. Speaker, today I recog- members of the world community. I will continue working for CARA’s enactment nize Carley Zell as the recipient of this year’s In addition, H. Con. Res. 390 recognizes this year—and, if that does not occur, and if Georgia’s Older Worker of the Year award. Taiwan’s dramatic transformation into a multi- I am reelected, I will resume the effort next Mr. Zell was given the award during the Geor- party democracy with a civil society which fully year. gia Older Worker Conference and 12th Annual respects human rights and civil liberties. The But in the meantime, by passing this con- Awards Luncheon. The award was presented resolution notes the most recent illustration of ference report we will take an important step to Mr. Zell by the Georgia Labor Commis- Taiwan’s democratic development—the March toward one of CARA’s key goals—that is, to- sioner Michael Thurmond. Mr. Zell has lived in 18, 2000, election of Mr. Chen Shui-bian as ward fulfilling the promise of one of the wisest three centuries and has yet to retire. He has president and the peaceful transfer of power and most far-sighted conservation measures continued to work and contribute to his family on Taiwan from one political party to another ever—the Land and Water Conservation Fund and community. Let me take a moment to ap- on May 20th with the inauguration of Mr. Act. plaud Mr. Zell’s dedication and contributions. Chen. The promise of that Act was that as the fed- Mr. Zell owns Zell Enterprises which he Certainly, Taiwan’s economic achievements eral government sold non-renewable re- founded in 1958. His company includes rental in the last 50 years also give Taiwan a special sources, particularly the oil and gas from the

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But now the of federally funded programs that provide cer- Foreign Wars, swims, sails, and makes jew- budget situation is different and we have a vical cancer screenings and follow-up services elry, All this, and he still finds time to dedicate chance to make up for some of the shortfalls to medically under served individuals. It is vi- to his wife of 61 years and two children. He of the past and in fact to expand the benefits tally important that each and every woman in is a shinning example of America at any age, for our country. America have access to these early detection and truly exemplifies that ability is ageless. By passing this bill, we can help our com- screenings. I am proud of work that Green Thumb and munities respond to the problems of growth Cervical cancer annually strikes an esti- other organizations do to strengthen our fami- and sprawl and to provide much-needed mated 15,000 women in the United States. It lies, communities, and the Nation. The oppor- places for sports and outdoor recreation. We is estimated that during this decade more than tunities, and wisdom that older workers such can help preserve our open spaces by acquir- 150,000 women will be diagnosed with cer- as Tom Tosh can provide for us are immeas- ing inholdings in our parks and forests from vical cancer in the United States. Even more urable. I salute him today. people who want to sell. We can help protest startling is that during an average woman’s f threatened and endangered species, and the lifetime cervical cancer strikes one out of CONTRIBUTION OF THE CALI- fish and wildlife resources that are so impor- every 50 American women. Studies show that FORNIA NATIONAL GUARD TO tant to Colorado and the rest of the nation. although cervical cancer is a preventable dis- FIGHTING ILLEGAL DRUGS By greatly increasing the resources of the ease in a majority of cases it is still one of the Historic preservation Fund we can help pre- leading causes of death among women world- HON. TOM LANTOS serve the irreplaceable historic legacy of Colo- wide. Although these statistics appear dismal, OF CALIFORNIA rado and our nation—saving historic land- I am optimistic that through awareness and re- IN THE HOUSE OF REPRESENTATIVES marks, attracting private investment, and help- search we can eventually prevent this disease ing bring economic vitality to historic sites in from taking any more lives. Even today, cer- Wednesday, October 4, 2000 Gilpin, Clear Creek, Adams, and Jefferson vical cancer can be successfully treated and Mr. LANTOS. Mr. Speaker, I rise today to Counties and to neighborhoods in Boulder, Ar- even prevented in many cases. The key to commend the California National Guard for its vada, and countless other communities in Col- prevention is through early detection. Unfortu- vital contribution in helping to reduce drug use orado and across the continent. nately, many women are not aware of the among our youth. Throughout the United And by bolstering the PILT program, we can dangers or even the existence of cervical can- States the National Guard frequently assists help the counties and other local governments cer, therefore they do not take the proper pre- local law enforcement agencies in their fight in areas where the federal government is a cautions through early detection screenings. against illicit drugs, and often Guard members major landowner—and we can do it the right It is my sincere hope that this legislation will risk their lives to provide necessary support for way, by providing funds that aren’t tied to tim- promote widespread awareness throughout local law enforcement agencies. ber sales or other uses of the federal lands the United States. This bill will bring aware- Mr. Speaker, the California National Guard and so without making the local communities ness to this very serious disease, and educate performs a variety of tasks and missions in hostages to the debates over timber harvests all individuals, not only women, on the avail- support of local law enforcement agencies. or other extractive uses. ability of early detection methods. I believe One program in particular that I wish to call to Mr. Speaker, of course this is not a perfect that through awareness and education we can the attention of my colleagues is the Guard’s bill—but, all too often we are reminded that save thousands of lives, and actually prevent educational efforts as part of ‘‘Red Ribbon there is no perfect legislation. cervical cancer in thousands of other lives. Week,’’ a nationwide effort to focus on drug But, when you consider all that this con- Again, I am proud to have supported the Cer- awareness and education during the last of ference report would do for our country I am vical Cancer Public Awareness Resolution. October. Since 1988, the California National convinced that we should approve it today— f Guard has been an active participant in Red and, after that, keep on working for the further Ribbon Week. This highly successful program improvements that will come from enactment IN HONOR OF TOM TOSH OF COMO, was started initially to commemorate the life of of CARA. TEXAS Drug Enforcement Agency officer Enrique f (‘‘Kiki’’) Camerena, an undercover narcotics HON. MARTIN FROST agents who was brutally murdered by illegal H. CON. RES. 64, CERVICAL CAN- OF TEXAS drug traffickers. To mark his death and honor CER PUBLIC AWARENESS RESO- IN THE HOUSE OF REPRESENTATIVES his life, the week of October 23–31 has been LUTION designated Red Ribbon Week. Across the na- Wednesday, October 4, 2000 tion, federal and local law enforcement agen- SPEECH OF Mr. FROST. Mr. Speaker, today, I wish to cies spend the week participating in a variety HON. BOB RILEY honor Tom Tosh of Como, Texas. Tom was of programs to educate children about the per- OF ALABAMA recently recognized as Texas’ Outstanding ils of drug use. IN THE HOUSE OF REPRESENTATIVES Older Worker by Green Thumb, America’s old- The California National Guard has been est non-profit provider of senior employment such an active participant in Red Ribbon Tuesday, October 3, 2000 and training. At age sixty-seven, when most Week and its efforts have generated such in- Mr. RILEY. Mr. Speaker, I want to commend people have retired, or are at least considering terest in the program that the Guard has ex- my colleagues in the House for their support retirement, Tom went back to work at Custom panded Red Ribbon Week into Red Ribbon of H. Con. Res. 64, the Cervical Cancer Public Shutters Inc. It has now been sixteen years, Month in order to respond to the numerous re- Awareness Resolution. I am proud to have and Tom Tosh, at age eighty-two, continues to quests for education programs. The California supported this legislation as a cosponsor. work 40-hour weeks in his position as a spe- Guard uses the power of positive role models This resolution recognizes the severity of ciality craftsman. to encourage choosing a drug-free lifestyle. I the issue of cervical cancer. In order to defeat Tom truly exemplifies the positive work can only imagine the incredibly positive affect cervical cancer this country must open its ethic, experience, loyalty and dependability so that a helicopter pilot has on young childred eyes to the disease’s catastrophic effects. This important to our society today. According to after they witness the landing of his or her hel- legislation seeks to accomplish that objective. his personnel manager, Tom is an inspiration icopter on the school grounds. Other positive It calls on the United States as a whole to because of his untiring dedication to his craft Guard efforts include chaperoning education support individuals who have been afflicted and his company. He is creative, patient, wise, retreats and speaking at schools. with cervical cancer, as well as their loved kind, and honest. His knowledge and work Mr. Speaker, the California National Guard’s ones. This resolution not only makes Ameri- ethnic motivates workers less than half his involvement in Red Ribbon Month is only one

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aspect of its participation in the battle against EL CAMINO REAL DE TIERRA thank Congressman HANSEN and my col- illicit drug use. The National Guard partici- ADENTRO NATIONAL HISTORIC league Mr. SKEEN for allowing this clean bill to pates in the two pronged attack to reduce TRAIL ACT come to the House floor. I know that the des- drug use in our country—simultaneously at- ignation of the Camino Real de Tierra SPEECH OF tacking supply and demand. The Drug De- Adentro, as a part of the National Historic mand Reduction Program (DDR) focuses on HON. SILVESTRE REYES Trails System, will benefit a great many peo- education and information about the effects of OF TEXAS ple. I hope my colleagues will support me in the narcotic use so that individuals will be less IN THE HOUSE OF REPRESENTATIVES passage of this legislation. likely to turn to drugs. The Guard implements Tuesday, October 3, 2000 f this program through its education work with Mr. REYES. Mr. Speaker, I am proud to be school children. Already in this year alone, the sponsor of the House bill of S. 366, El Ca- S. 1198: THE TRUTH IN members of the California National Guard mino Real de Tierra Adentro National Historic REGULATING ACT have spoken to 123,550 people, 82% of them Trail Act. school-age children and 74% of them in the This trail has a great deal of importance to HON. DAVID M. McINTOSH 8th grade or below. This is particularly impor- the Southwest. El Camino Real de Tierra OF INDIANA tant, Mr. Speaker, because studies have Adentro (the Royal Road of the Interior), IN THE HOUSE OF REPRESENTATIVES served as the primary route between the colo- shown that the earlier you teach children the Wednesday, October 4, 2000 dangers of drug use, the greater the chance nial Spanish capital of Mexico City and the Mr. McINTOSH. Mr. Speaker, I applaud the that the child will embrace that message. Spanish provincial capitals at San Juan de Los Caballeros (1598–1600), San Gabriel House’s passage yesterday of S. 1198, the The second element of the California (1600–1609) and then Santa Fe (1610–1821). Truth in Regulating Act of 2000. This bipar- Guard’s anti-drug program involves removing The portion of El Camino Real de Tierra tisan, good government bill establishes within the supply of drugs from our streets. To this Adentro that resided in what is now the United the Legislative Branch a much needed regu- end, the Guard provides support and assist- States extended between El Paso, Texas and latory analysis function. This function is in- ance to local law enforcement agencies in get- present San Juan Pueblo, New Mexico, a dis- tended to enhance congressional responsibility ting the drugs off of the streets. From flight tance of 404 miles. El Camino Real is a sym- for regulatory decisions developed under the surveillance to assisting local police officers in bol of the cultural interaction between nations laws Congress enacts. raids of methamphetamine plants, the Cali- and ethnic groups and of the commercial ex- I want to especially thank Small Business fornia Guard has been involved in numerous change that made possible the development Subcommittee Chairwoman on Regulatory Re- form and Paperwork Reduction SUE KELLY for seizures of illegal narcotics. This past year and growth of the borderland. American Indian her initiation of this concept and her tenacious alone, in actions supported by the California groups dating back into prehistoric times, es- pecially the Pueblo Indians of the Rio Grande determination over a several year period to Guard, law enforcement officials have seized river valley, use the area and trail along the reach yesterday’s successful result. Since over 8,100 lbs. of cocaine, 750 lbs. of heroin, Rio Grande long before Europeans arrived. 1998, the House Government Reform Sub- 1,800 lbs. of methamphetamine, 360 lbs. of In 1598, Don Juan de Onate led a Spanish committee on National Economic Growth, Nat- opium, 414,677 marijuana plants and 261 lbs. military expedition along those trails to estab- ural Resources, and Regulatory Affairs, which of processed marijuana. lish the northern portion of El Camino Real, I chair, held two hearings and issued two Mr. Speaker, I invite my colleagues to join and during the Mexican National Period and House Reports (H. Rept. 105–441, Part 2 and me in paying tribute to the vital efforts of the part of the U.S. Territorial Period, El Camino H. Rept. 106–772) in support of a Congres- California National Guard in reducing illicit Real de Tierra Adentro facilitated the emigra- sional office of regulatory analysis. drugs on our streets and educating of our tion of people to New Mexico and other areas Yesterday, during the floor debate on S. 1198, Vice Chairman PAUL RYAN expressed youth about the perils of drug use. Thanks to that would become the United States. This trail is important to the history of the Congressional intent for this bill and presented their diligent efforts, our state and our nation borderlands as it was central to the explo- the multi-year House legislative history. I want are a better place. ration, conquest, colonization, settlement, reli- to emphasize three points which Mr. RYAN gious conversion, and military occupation of made. Also, I want to express my differing f the Southwest. Many people used the trail in- view about two statements made by Sub- cluding American Indians, European emi- committee Ranking Member DENNIS KUCINICH. RECOGNIZING THE REPUBLIC OF grants, miners, ranchers, soldiers, and mis- First, I agree with Mr. RYAN about the im- CHINA’S NATIONAL DAY sionaries. These travelers promoted cultural portance of the General Accounting Office’s interaction among Spaniards, other Euro- (GAO’s) submitting timely comments on pro- peans, American Indians, Mexicans, and posed rules during the public comment period, HON. GREG WALDEN Americans. El Camino Real fostered the while there is still an opportunity to influence OF OREGON spread of Catholicism, mining, an extensive the cost, scope and content of an agency’s regulatory proposal. S. 1198 does not require IN THE HOUSE OF REPRESENTATIVES network of commerce, and ethnic and cultural traditions including music, folklore, medicine, GAO to submit timely comments but neither Wednesday, October 4, 2000 foods, architecture, language, place names, ir- does it preclude GAO for doing so. Second, I rigation systems, and Spanish law. This trail is agree with Mr. RYAN about GAO’s responsi- Mr. WALDEN of Oregon. Mr. Speaker, I important to the cultural history and rich herit- bility to examine non-agency (i.e., ‘‘public’’) send my best wishes and congratulations to age of the Southwest. data and analyses in preparing its ‘inde- Republic of China President Chen Shui-bian S. 366 amends the National Trails System pendent evaluation’ of an agency’s regulatory and his people on the occasion of their 89th Act to designate El Camino Real de Tierra proposal. Sometimes the best way to deter- National Day. In recent years, Taiwan has Adentro as a National Historic Trail. This non- mine if an agency has ignored Congressional prospered. It has one of the strongest econo- controversial legislation prohibits the acquisi- intent or failed to consider less costly or non- mies in the world and its people enjoy unprec- tion of any lands or interests outside the exte- regulatory alternatives is to review non-agency edented prosperity. Taiwan has solid schools, rior boundaries of any federally administered analyses. S. 1198 does not require GAO to re- a good transportation system and sound area for El Camino Real de Tierra Adentro ex- view public data but neither does it preclude health care. Furthermore, the people of Tai- cept with the consent of the owner. The bill GAO from doing so. Third, I agree with Mr. RYAN that GAO should comment substantively wan enjoy many political freedoms such as di- has already passed in the House in a similar form. I am pleased that this bill, which is iden- on an agency’s regulatory proposal. S. 1198 rect elections, a free press, and human rights. tical to the House bill which I originally intro- does not require GAO to comment on the I commend Taiwan on their 89th National duced, has again made it to the floor. scope and content of an agency’s regulatory Day. Their people have every right to be I would like to thank Chairman YOUNG and proposal but neither does it preclude GAO proud on this momentous occasion. Ranking Member MILLER. I would also like to from doing so.

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Mr. KUCINICH stated his view that, ‘‘Under inspiration to the people of Colorado, and the IN HONOR OF ABBOT ROGER W. this bill, GAO would retain its traditional role entire nation. GRIES as auditor . . . [the bill] preserves GAO’s tra- It is with great pride that I stand today to ditional role as auditor.’’ I do not agree with congratulate one of Colorado’s genuine Olym- HON. DENNIS J. KUCINICH his view. Instead, S. 1198 requires GAO to pic heroes. Libbie Hickman is a true American OF OHIO prepare an independent evaluation or analysis heroine. She has displayed courage and per- IN THE HOUSE OF REPRESENTATIVES of agency regulatory proposals. Evaluation is severance in the tireless pursuit of excellence. not equivalent to auditing; evaluation requires She has competed on the world’s biggest Wednesday, October 4, 2000 a thorough analysis, e.g., consideration of less track and given her all to fulfill her Olympic Mr. KUCINICH. Mr. Speaker, I rise today to costly or non-regulatory alternatives not pre- dream. She has made us proud. recognize Abbot Roger W. Gries who has sented in an agency’s documents. Second, been named ‘‘Catholic Man of the Year’’ by Mr. KUCINICH stated, ‘Furthermore, [the bill] f the Greater Cleveland Knights of Columbus would not require the agency to conduct any Luncheon Club. new analysis.’ GAO’s independent evaluation VETERANS’ ORAL HISTORY This is certainly a well-deserved title for should lead agencies to prepare missing cost/ PROJECT ACT Abbot Gries, a native Clevelander who has benefit, small business impact, federalism im- devoted most of his life to education, his faith pact, or any other missing analysis. S. 1198 SPEECH OF and the Catholic Church. He professed his does not require an agency to prepare a miss- HON. ROBIN HAYES vows as a Benedictine monk more than 40 ing analysis but neither does it preclude an years ago and was ordained to the priesthood OF NORTH CAROLINA agency from doing so. in 1963. Throughout his many years of dedi- IN THE HOUSE OF REPRESENTATIVES f cated service to Benedictine High School, Tuesday, October 3, 2000 Abbot Gries has held a number of different A TRIBUTE TO LIBBIE HICKMAN posts. He started out teaching mathematics, Mr. HAYES. Mr. Speaker, I rise in support but his extraordinary skill as an educator was of the legislation offered by the gentleman HON. BOB SCHAFFER soon recognized as he was named Assistant from Wisconsin, the Veterans’ Oral History OF COLORADO Principal in 1965 and Principal in 1968. Project, because it encompasses American Abbot Gries continued his successful reign IN THE HOUSE OF REPRESENTATIVES pride and patriotism. Our veterans are the he- as Principal at Benedictine until 1977, when Wednesday, October 4, 2000 roes who helped preserve our American herit- he was appointed Prior of St. Andrew Abbey, age. They are living evidence that freedom is Mr. SCHAFFER. Mr. Speaker, today I rise the second superior of the monastery. Be- never free, and they carry the honor of hun- to recognize a dedicated Olympian from my cause of his outstanding work as Prior, his fel- dreds of thousands who breathed their last district who is an inspiration to all athletes. low monks elected him the fourth abbot of St. breath on the field of battle. Libbie Hickman, a resident of Fort Collins, Col- Andrew Abbey on June 9, 1981, a position orado, recently earned the proud distinction of Some months ago, I introduced legislation that he holds to this day. In addition to his representing our great nation at the 27th to recognize the American G.I. as the most in- commitment to St. Andrew Abbey, Abbot Gries Olympic Summer Games in Sydney, Australia. fluential figure of the 20th century. I was proud is also President of Benedictine High School. Libbie was the fastest American runner in the that my legislation passed this House unani- At this time, he is overseeing the implementa- qualifying race held Wednesday, September mously, and I believe the legislation we de- tion of the Master Plan currently underway at 27th, recording a time of thirty-two minutes bate this evening is critical to our effort to rec- the Abbey and high school in the Buckeye- and fifty-nine seconds. This qualifying time en- ognize and preserve a record of the sacrifices Woodland community. abled Ms. Hickman to race in last Saturday’s of every man and woman who served our Na- Aside from his prominent role as an educa- finals where she valiantly represented our na- tion. The importance of documenting the per- tor and abbot of St. Andrew Abbey, Abbot tion in its quest for gold. sonal accounts of our country’s veterans can- Gries also served at the Holy Family Parish in A graduate of Colorado State University, not be understated. For generations, American Parma, OH on weekends for 18 years and Libbie Hickman has always dreamed of troops have served to ensure freedom and de- previously acted as the chaplain of the Maple achieving Olympic glory. She first started run- mocracy in all corners of the world. Their con- Heights Knights of Columbus. He continues ning at the age of eight, racing against her tributions are woven not only into the history his active association with the Alhambra. brothers in the front yard as her father timed of a grateful nation but also the history of a Mr. Speaker, I ask my fellow colleagues to them with his stopwatch. Libbie became seri- peaceful world. join me in honoring Abbot Roger W. Gries. ous about her running career during her senior Over the course of the last few months, I This remarkable man reminds us all of the im- year of college, changing her specialty from have asked veterans throughout my district, portance of faith, community, and vol- the 1,500 meter race to the 3,000 meter race. the 8th District of North Carolina, to share with unteerism. We are truly lucky to have him in However, it wasn’t until four years later, in me their wartime experiences. Their response Cleveland. has been amazing. Every American should 1991, that Libbie Hickman truly made her f mark by winning the Association of Road Run- have the opportunity to read the brave ac- ning Athletes (ARRA) circuit title. Since then, counts of veterans like James Holt, James TRIBUTE TO PRISCILLA HILLGREN Libbie has placed in the top ten of the fin- Wells, and Willie Monday—to name just a few. ishers in twenty-one of the races in which she Crew Chief Holt recounts his WWII missions HON. MARION BERRY has participated. In 14 of those races, she fin- and America’s contribution in defeating Hitler. OF ARKANSAS Similarly, Mrs. Shuping writes on behalf of her ished in the top 5, and in 5 of them, she won IN THE HOUSE OF REPRESENTATIVES the event. father, James Archie Wells, who fought to lib- In her spare time, Libbie Hickman is a self- erate Okinawa, and Captain Monday recalls Wednesday, October 4, 2000 described ‘‘gardening freak’’ who thinks she his reconnaissance missions over the Phil- Mr. BERRY. Mr. Speaker, I rise today to might have been a professional gardener if ippines. This, Mr. Speaker, is the best of pay tribute to a great American, and I am her passion for running were not so strong. American history—and there is an abundance proud to recognize Priscilla A. Hillgren in the Passion for her sport has driven her to work of it. That’s why this legislation is so very im- Congress for her invaluable contributions and hard in pursuit of her Olympic dream. This portant. The memory of those we lost and the service to our nation. passion was on display Wednesday as she sacrifice of those who lived to tell the tale Priscilla Hillgren distinguished herself led the American team to a qualifying spot in must be preserved and held in high esteem by through her devotion to her family, friends, the 10,000 meter finals. Libbie finished 10th in a Congress and a country that extends our and community. She was born in Beresford, her heat, and 20th overall. She was the only veterans its utmost respect and heartfelt grati- South Dakota on June 26th, 1904, the daugh- American woman who qualified to go to the tude. ter of a Lutheran minister. Her family instilled finals on Saturday. While Libbie did not win I commend my colleague from Wisconsin for in her the value of an education, and she and the race, she won our hearts and proved her- his initiative on this issue and urge my col- her sisters attended college, which she inter- self a fierce and respected competitor, and an leagues support for this worthy legislation. rupted twice to teach in a country school.

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 20838 EXTENSIONS OF REMARKS October 4, 2000 One of the happiest days of her life surely time in U.S. history. Our thirst for oil is fueled benefits and at the same time can decrease must have been June 26th, 1929, when she by the transportation sector, which uses over our dependence on foreign oil. EPAct included married Ralph O. Hillgren, who was city editor 65 percent of the petroleum consumed in the a modest set of tax incentives intended to of the Argus Leader in Sioux Falls, South Da- United States. support the development and introduction of kota. Many more happy days followed, thanks Our transportation system is over 90 per- AFVs to the market. to the births of her son John, her daughters cent dependent on oil—and that’s too much Today I am introducing legislation that Annette Bray and Sonja Hillgren Hill, two when over 50 percent our nation’s oil comes builds on the very important work that has grandchildren, five great-grandchildren, three from overseas and the price has almost quad- been done as a result of these landmark bills step grandchildren, and three step great- rupled in 18 months. Powering our cars and that have focused our efforts on dealing with grandchildren. buses with alternative fuel is an environ- transportation, congestion, air quality and en- Priscilla Hillgren is probably best-known for mentally sound way to reduce our depend- ergy security issues holistically, rather than as her work with mentally handicapped children ence on foreign oil—and it’s good for the separate non-connected issues. I believe, firm- at three Sioux Falls private schools from 1958 economy, too, because alternative fuels can ly, that we must look to address many of the to 1972. Her generosity and hard work be produced here at home. problems created by a growing transportation touched many families in that area, and her Alternative fuels, such as electricity, natural system and the need to ensure and indeed legacy will inspire those who continue to pro- gas, methanol, hydrogen and propane, provide enhance mobility as a single issue, a single vide these important services. a plentiful, domestically produced and environ- goal. The ‘‘Alternative Fuel Vehicles Inter- She also was active in the American Asso- mentally friendly source of energy. And, when modal Transportation Act’’ provides funding for ciation of University Women, with membership integrated into America’s transportation net- a $200 million federal pilot program to dem- in two AAUW book groups, and was honored work—in meaningful quantities—alternatively onstrate the use of alternative fuel vehicles in by AAUW as a Named Gift Recipient in 1977. fueled vehicles (AFVs) contribute to mitigating intermodal applications. Importantly, the goals Moreover, Priscilla was president of the the energy and environmental problems of the program will be accomplished through Augustana College Auxiliary, and a member of caused by the transportation sector. partnerships between Federal, State and local the Civic Fine Arts Center and the American In addition, to alternative fuels, the imple- governments, metropolitan transportation au- Legion Auxiliary, among other organizations. mentation of intermodal transportation net- thorities, industry and business. This legisla- Sadly, Priscilla Hillgren passed away last works is another component to alleviating tion would help urban centers develop and month. Her congregation at the First Lutheran America’s transportation problems. Intermod- demonstrate effective, alternative fuel trans- Church, where she was a Sunday School alism refers to interconnections among various portation networks to move people. teacher for 26 years, will miss her greatly, as modes of transportation, or the use of multiple By combining intermodal transportation sys- tems with alternative fuels, the United States will her family and friends. modes of transportation during a single trip. I am among this group, and on behalf of the Employing the concept of intermodalism offers can build transportation networks that effi- ciently and cleanly transport passengers and Congress I extend my deepest sympathies to the promise of lowering transportation costs, goods. her family, even as I encourage them to join increasing economic productivity and effi- In the long run, alternative fuel vehicles will ciency, reducing the burden on existing infra- me in celebrating her extraordinary life. obviously have to succeed in the marketplace structure, while at the same time reducing en- f entirely on their own. But the federal govern- ergy consumption and improving air quality ment should be doing more to encourage the INTRODUCTION OF THE ALTER- and the environment. development and deployment of alternative NATIVE FUEL VEHICLES INTER- In an attempt to address the energy and en- vehicles because there are clear public bene- MODAL TRANSPORTATION ACT vironmental concerns that an ‘‘over-stressed’’ fits and the technology will develop too slowly transportation network has created, Congress without incentives. In addition, public entities passed several pieces of legislation. The HON. SHERWOOD L. BOEHLERT are the main purchasers of buses so the gov- Clean Air Act Amendments of 1990, estab- OF NEW YORK ernment is the market in that area. IN THE HOUSE OF REPRESENTATIVES lished programs and regulations directed at What will this legislation achieve? The pro- the mobile sector to decrease major auto- Wednesday, October 4, 2000 posed pilot program would assist up to 15 lo- motive pollutants that are the key contributors cations throughout the United States to put in Mr. BOEHLERT. Mr. Speaker, transportation to urban smog, or ozone. Today, however, place clean, innovative, linked transportation is vital to the social and economic health of nearly 100 cities throughout the United States systems that reduce dependence on foreign our nation. During the past twenty years, how- continue to fail to meet federal air quality oil, increase reliance on alternative fuels, en- ever, transportation systems have struggled to guidelines. hance the usefulness of public transportation keep pace with America’s growing and chang- In 1991, Congress also recognized the im- systems, protect the environment, and speed ing needs. For example, between 1970 and pact and sought to mitigate some of the prob- the deployment of alternative fuel tech- 1990, the U.S. automobile population grew al- lems associated with the growing number of nologies. Participants in the program would be most three times faster than the human popu- cars, trucks, freight trains and planes in the required to match federal dollars with an equal lation. In fact, in 1995 Americans averaged United States when it enacted the Intermodal contribution from State and local governments about 4.3 one-way trips per day and about Surface Transportation Efficiency Act (ISTEA). and the private sector. Projects would be 14,000 miles per year—up from 2.9 trips and ISTEA established the National Commission awarded to applicants that meet criteria includ- 9,500 miles in 1977. Other forms of transpor- on Intermodal Transportation and tasked it ing: the number of riders served or goods tation have seen dramatic growth as well. with conducting a complete study of inter- transported; the ability to achieve national, Since 1980, freight railroad traffic has in- modal transportation in the US. ISTEA also state or local air quality goals; and the deploy- creased 47 percent and the number of airports established the Congestion Mitigation and Air ment of innovative transportation technologies has increased 20 percent. Quality Improvement (CMAC) Program which or new intermodal systems that increase the Explosive transportation growth has led to provides federal funding for innovative trans- use of alternative fuels. inefficient movement of people and goods, re- portation projects designed to assist States in How could this legislation impact your com- duced productivity, wasted energy, and in- meeting their transportation/air quality plans. munity? Imagine a linked transportation sys- creased congestion and emissions. A recent The CMAC program, cuts across traditional tem where commuters use electric station cars study conducted by the Texas Transportation areas, such as vehicle emission inspections or ‘‘neighborhood electric vehicles’’ to reach Institute found that in 1982, ten of the 70 and maintenance. Although inroads have been an electrified commuter train or a natural gas urban areas studied had unacceptable levels made, and intermodal transportation systems powered bus, which would then deliver them of congestion, but by 1996, that number had have been applied in the movement of goods, to the urban center. And once in the urban almost quadrupled, to 39 areas. large-scale intermodal systems have yet to be center, the same people might transfer to a As the number of cars, trucks, freight trains meaningful applied to the movement of peple. propane-powered shuttle bus or fuel cell bus and planes grows and America’s transpor- Finally, in 1992, Congress enacted the En- for the last leg of their trip to the office, the tation network expands, the need for fuel in- ergy Policy Act (EPAct) which recognized that shopping district or the doctor. creases. In 1997, the volume of imported oil alternative fuels and alternative fuel vehicles Another travel scenario that releases near exceeded domestic production for the first (AFVs) can provide substantial environmental zero-emissions while improving the quality of a

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 October 4, 2000 EXTENSIONS OF REMARKS 20839 trip might involve the business traveler who ar- drug developed for a specific condition are receiving a drug subsidy be treated with rives in a city by plane, transfers to a light rail often denied the preferred drug, and are stuck whichever costs the least: (a) a generic sub- system that deposits her in the urban center with the government-approved ‘‘one size fits stitute, (b) a drug with similar but not iden- tical active ingredients or (c) a completely where she checks-out an electric ‘‘station car’’ all’’ drug. different compound deemed to have the same to travel to meetings in three different loca- I urge my Colleagues to read this article and therapeutic effect. Patients are often forced tions. Upon concluding business, she returns keep in mind that while prescription drugs ap- to switch medicines, sometimes in mid- to the light-rail station, plugs in the rented sta- pear to cost less in Canada than in the United treatment, when the reference price system tion car for the next driver, hops on the light States, there is a costly price associated with mandates a change. Twenty-seven percent of rail and returns to the airport. This business the Canadian system that ultimately translates physicians in British Columbia report that traveler has left no environmental footprint into a lack of quality care for patients. they have had to admit patients to the emer- gency room or hospital as a result of the during her visit to your community. [From the National Journal’s Congress Enhance the environment—relieve traffic mandated switching of medicines. Sixty- Daily, Oct. 2, 2000] eight percent report confusion or uncer- congestion—increase alternative fuel use—ef- PRESCRIPTION DRUG COSTS: HAS CANADA tainty by cardiovascular or hypertension pa- fectively demonstrate viable and sustainable FOUND THE ANSWER? tients, and 60 percent have seen patients’ alternative fuel vehicles and their inter- (By William McArthur, M.D.) conditions worsen or their symptoms accel- connected use in transportation networks— Some Americans faced with the rising erate due to mandated switching. bring together all levels of government and in- costs of prescription drugs look longingly at Through limiting the availability of pre- dustry as partners in this effort—and educate Canada, where prescription drugs appear to scription drugs and controlling the prices of the public that alternative fuel technologies cost less than in the United States. The fact those that are available, Canada has suc- is that, while some drugs do cost less in Can- ceeded only in preventing Canadians from work . . . these are the goals of the Alter- obtaining drugs that might have reduced native Fuel Vehicles Intermodal Transportation ada, others don’t. Furthermore, many drugs are not available at any cost in Canada. The hospital stays and expensive medical proce- Act. The price tag for reaching these goals is effect of Canadian policies is to restrict the dures. The end result of this is that Cana- relatively modest; the price for not supporting overall availability of prescription drugs dians are getting a lower standard of health this type of paradigm shift in the way we move through a combination of a lengthy drug ap- care at a higher cost than patients and tax- people and goods is incalculable. And it is a proval process and oppressive price controls. payers have a right to expect. price that will be paid not just with dollars, but First of all, Canada’s federal drug approval One lesson that Americans should learn with our natural resources, our air, and the process takes much longer than that of the from the Canadian experience is that when U.S., resulting in delayed access for Cana- government pays for drugs, government con- quality of life for generations to come. I hope trols the supply. As soon as government has many of my colleagues will recognize the dians to new drugs. For example, Canadian acceptance of the drug Viagra came a whole to pay the bill, efforts are made to restrict value and importance of this innovative pro- year after it had been available in the U.S. the availability of newer and more effective gram and will support this important legisla- For 12 months Canadians who needed Viagra, drugs. The inevitable result is that other tion. or another of the many drugs delayed or de- health expenditures like surgery and emer- f nied approval, had to go to the U.S. to get gency visits increase, and patients suffer. their medication. f PRESCRIPTION DRUGS Even if a drug wins federal approval, it faces 10 more hurdles to become widely ac- AMERICAN COMPETITIVENESS IN HON. PHILIP M. CRANE cessible—the 10 provinces. Each province has THE TWENTY-FIRST CENTURY a review committee that must approve the ACT OF 2000 OF ILLINOIS drug for reimbursement under the public IN THE HOUSE OF REPRESENTATIVES healthcare system. For example, in British SPEECH OF Wednesday, October 4, 2000 Columbia, neither the new anti-arthritic drugs Celebrex and Vioxx, nor the Alz- HON. EARL BLUMENAUER Mr. CRANE. Mr. Speaker, as the Congress heimer’s treatment Aricept, have been ap- OF OREGON continues to debate the question on how to proved for reimbursement, severely limiting IN THE HOUSE OF REPRESENTATIVES provide seniors with affordable prescription their availability. Further, the provincial drugs, I wanted to bring to my colleagues at- approval times vary greatly from province to Tuesday, October 3, 2000 tention the article ‘‘Prescription Drug Costs: province, creating further inequities. Mr. BLUMENAUER. Mr. Speaker, expand- Has Canada Found the Answer?’’ by William Price controls imposed by a government agency, the Patented Medicines Price Re- ing the number of H–1B visas for foreign McArthur, M.D. Dr. McArthur is a palliative view Board (PMPRB), are the reason some workers is critical to the well being of Oregon’s care physician, writer and health policy analyst prescription drugs cost less in Canada than high-tech community. Given the strong econ- in Vancouver B.C. Some of our colleagues in the United States. However, while keeping omy, record low unemployment, and declining have been touting the affordability of prescrip- some prescription drug prices down through graduation rates in high-tech education fields, tion drugs in Canada and in some cases price controls, Canada has been unable to that industry is facing a critical shortage of sponsoring bus trips for seniors across the control overall drug spending. OECD statis- highly educated workers. In Oregon, for exam- border to obtain these drugs. We should be tics reveal that when the PMPRB was cre- ple, we have openings for 800 software engi- skeptical of this approach because, in reality, ated in 1988, per capita expenditure on pre- scription drugs was $106; by 1996 that had neers and are currently unable to fill them. the Canadian government drug mandates doubled to $211 per person. One study of Our education system is not producing the harm patients and increase the costs in other international drug price comparisons by needed skilled workers for the high-tech indus- sectors of the health care system. Prof. Patricia Danzon of the Wharton School try. The H–1B visa program helps fill the void, The Canadian bureaucracies cause signifi- of the University of Pennsylvania concluded but that’s not all it does. The legislation we cant delays in access to new and innovative that, on the average, drug prices in Canada adopted last night helps develop our own drugs. First, at the federal level, Canadians were higher than those in the United States. workforce. wait up to a year longer than Americans do for Some individual drugs, particularly generics, The bill keeps the current $500 application approval of new drugs. Then the delays con- cost far more in Canada. For example, the fee that employers pay for new H–1B visa anti-hypertensive drug atenolol is four times tinue at the provincial level where various gov- more expensive in Canada than in the United holders, which produces $75 million in rev- ernment ‘‘gatekeepers’’ review the ‘‘thera- States. And a University of Toronto study enue each year. Less than two percent of the peutic value’’ of prescription drugs before they found that the main effect of price controls fees is for administrative expenses and the are included in the formulary. The length of on prescription drugs was to limit patients’ rest is used to enhance our educational sys- the delays varies widely. The government offi- access to newer medicines so that they had tem. This funding provides math, science, en- cials in Nova Scotia approve drugs for its for- to rely more on hospitals and surgery. gineering, and technology post-secondary mulary in 250 days, while the wait in Ontario All provinces require that chemically iden- scholarships for low-income and disadvan- tical and cheaper generic drugs be sub- is nearly 500 days. stituted for more expensive brand-name taged students. It is also used to improve K– Canadian patients are often forced to use drugs when they are available. However, 12 math and science education and for job the medicines selected by the government British Columbia has gone farther with a training. solely for cost reasons. Patients who would re- ‘‘reference price system.’’ Under this system, While this funding helps, I have joined many spond better to the second, third, or fourth the government can require that a patient of my colleagues in pressing for more. I am a

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 20840 EXTENSIONS OF REMARKS October 4, 2000 cosponsor of the Dreier-Lofgren bill that raises To date, through our global organization and respect to product liability reform, securities the cap on H–1B visas and doubles the appli- more than 160 local Chapters in 32 countries, litigation reform, and reform of the federal cation fee to $1000. I am hopeful we can we’ve awarded more than 225 million dollars Superfund program. More importantly, I spon- adopt that increase before we adjourn and in grants. In addition, we receive the dona- tion of time from an army of well over 25,000 sored legislation that has helped reduce frivo- thereby do even more to meet our nation’s volunteers worldwide. lous class action lawsuits brought against educational needs. Volunteers like you. People who effect mortgage brokers. Many companies in my state are working positive change. Which brings me back to This year, I voted to support H.R. 1875, the independently of the government to help as why we are all here. Leukemia is the number Interstate Class Action Jurisdiction Act. This well. Intel makes its micro-chips in Oregon. In one disease that kills our children. Think legislation recognizes that many class action 1998, it contributed $63 million to higher edu- about that—the number one disease. How- lawsuits do little to help consumers, but allow cation and $29 million to K–12 education. In ever, there is hope: Because of efforts like personal injury lawyers to collect millions of an effort to encourage high school students to yours tonight, and the efforts of others like dollars in legal fees. H.R. 1875 is an important enter science and engineering career field you, there’s been enough funding to sustain ongoing research, research that has tripled step in helping reform a legal system that has tracks, companies like Electro Scientific Indus- the leukemia survival rate in the last 39 been abused time and time again. tries have partnered with local school districts years. That is an astonishing accomplish- Legal reform is a complex issue. The legal and opened their doors to students, teachers ment. And you, members and volunteers of system must function to provide justice to and parents to talk to young engineers about the Leukemia & Lymphoma Society, should every American. This does not mean, how- career decisions and options. be proud to be a part of that. ever, that the status quo is perfect. When law- Together, we can reverse the shortage by I’d like to thank the McDonald’s region in suits and the courts are used in excess or to improving our educational system. In the short Washington and Baltimore and all its the detriment of innocent parties, the system term, increasing visa numbers is not a bad McDonald’s franchisees for supporting and participating in tonight’s ‘‘Light the Night’’ must be reviewed and reformed. thing. Each new wave of immigrants adds to Let me acknowledge the BRCALA board of the diversity and character of our commu- Walk with us. I’d also like to thank the Leu- kemia & Lymphoma Society for all your ter- directors for giving of their valuable time and nities. This diversity has given us the strength rific work in organizing this event. And fi- energy: the Honorable Phillip Bissett, BRCALA to grow in times of prosperity and survive in nally, to those of you who have come out chairman; Joseph Brown, Jr.; Dr. William How- times of trouble. H–1B visa holders add to our here tonight, donned your walking shoes and ard; Gary O. Prince; the Honorable Joseph strong economy. have collected thousands and thousands of Sachs; and the Honorable Michael Wagner— f dollars, a very special, heartfelt thank you. directors and supporters dedicated to I feel truly honored to be in your company. RECOGNITION OF THE ‘‘LIGHT THE BRCALA; and Nancy Hill, BRCALA executive NIGHT’’ WALK f director. Mr. Speaker, the Baltimore Regional Citi- RECOGNITION OF LAWSUIT ABUSE zens Against Lawsuit Abuse has declared HON. DEBORAH PRYCE AWARENESS WEEK: SEPTEMBER September 18 through September 22, 2000, OF OHIO 18–22, 2000 IN THE HOUSE OF REPRESENTATIVES as ‘‘Lawsuit Abuse Awareness Week’’ in Mary- land. Wednesday, October 4, 2000 HON. ROBERT L. EHRLICH, JR. I want to commend every person involved in Ms. PRYCE of Ohio. Mr. Speaker, my col- OF MARYLAND this worthwhile effort for their dedication and leagues to will be interested in the following IN THE HOUSE OF REPRESENTATIVES commitment. comments made by Mr. Ken Barun, President Wednesday, October 4, 2000 f and CEO of Ronald McDonald House Char- ities on the ‘‘Light the Night’’ walk held on Mr. EHRLICH. Mr. Speaker, I rise to ac- A TRIBUTE TO HON. ROBERT W. September 21, 2000, that raised funds for the knowledge a group of citizens in my district BLANCHETTE Leukemia and Lymphoma Society. I submit working hard to address an issue affecting Mr. Barun’s remarks for the RECORD: every citizen of our state: Lawsuit Abuse. HON. BUD SHUSTER You, the ‘‘Light the Night’’ walkers— Throughout my district, and all over the OF PENNSYLVANIA teams and individuals—are the ones truly greater Baltimore area, local citizens are vol- IN THE HOUSE OF REPRESENTATIVES making a difference tonight. Through your unteering their time and energy to inform the participation in events such as this, the Leu- public about the costs and problems stemming Wednesday, October 4, 2000 kemia & Lymphona Society continues to from the excessive numbers and types of law- Mr. SHUSTER. Mr. Speaker, I rise to pay raise funds and combat cancers that have suits filed in today’s litigious society. The men touched so many of us—our families, our tribute to one of the true leaders in the renais- friends—those whom we know or had the and women of the Baltimore Regional Citizens sance of America’s rail transportation system. pleasure of once knowing. Against Lawsuit Abuse, otherwise known as Robert Blanchette, who died last week, was I think it’s fate that the Leukemia & BRCALA, have a simple goal—to create a literally present at the creation when our pri- Lymphoma Society and Ronald McDonald greater public awareness of abuses of our civil vate-sector railroads suffered financial col- House Charities have come together for this justice system. This type of citizen activism lapse in the 1970s, and then returned to finan- wonderful fundraiser. Both organizations has had a positive impact on perceptions and cial stability after 1980. care deeply about children and their fami- attitudes toward abuses of our legal system, a After graduation from Yale Law School and lies; both provide comfort and care when needed; and both want to see an end to this problem most folks do not stop to consider service as an Air Force legal officer, Mr. terrible disease called cancer. during their daily routine. Blanchette began his legal career in rail- To give you a brief background about Ron- While the overall mission of Baltimore Re- roading as the general counsel of the New ald McDonald House Charities, our mission gional Citizens Against Lawsuit Abuse is to Haven Railroad in the late 1960s. While serv- is to improve the health and wellness of chil- curb lawsuit abuse, the organization’s efforts ing in that post, he also became executive di- dren around the world. It is a mission that focus on education. Every time these dedi- rector of the America’s Sound Transportation began with the care and compassion of dedi- cated Marylanders speak out against lawsuit Review program, one of the first modern ef- cated people who, like McDonald’s Corpora- tion founder, Ray Kroc, dared to dream. abuse, ordinary citizens are educated on the forts to analyze the ills of the transport system Ray once dreamed of having a thousand statewide and nationwide consequences our and recommend needed changes. McDonald’s restaurants in the U.S. We now legal system has on our daily lives. The costs Bob’s next major post was counsel to the have more than 25,000 restaurants in 119 of lawsuit abuse include higher prices for con- bankruptcy trustee of the Penn Central Rail- countries. Similarly, the people who started sumer products, higher medical expenses, road, which entered bankruptcy in 1970 and Ronald McDonald House Charities, had the higher taxes, higher insurance rates, and lost collapsed in 1973. At the time, Penn Central dream of having just one Ronald McDonald business expansion and product development. was the largest corporate bankruptcy in U.S. House—the one that opened in Philadelphia in 1974. We now have more than 200 Houses As a former member of the Maryland Gen- history. Based on his outstanding performance around the world in 18 countries. eral Assembly, I worked hard to reform our as counsel, Bob was later installed first as As the network of Ronald McDonald legal system at the state level. During my ten- bankruptcy trustee, then chairman of the Houses grows, so does our role as a Charity. ure in Congress, I have supported efforts with board, and chief executive officer.

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 October 4, 2000 EXTENSIONS OF REMARKS 20841 As one who arrived in Congress in the midst Tracy received this special honor because This included requirements for employers to of what became known as ‘‘the wreck of the he helped spearhead the Coalition for a Safe file applications with the Department of Labor Penn Central,’’ I can personally attest to the Community, a comprehensive partnership of showing that they will pay the H–1B worker gargantuan effort required to deal with mas- organizations and people planning and acting the ‘‘required wage rate’’ and that a strike or sive creditor claims against the Penn Central to prevent crime throughout Freeport; started lockout was not occuring at the job site. estate, while at the same time helping to fash- an education and action crime prevention pro- Unfortunately, that legislation was not ion Conrail as the federally created successor gram for youth; and developed a job training enough and already the 115,000 H–1B visa to the various bankrupt Northeastern freight and placement center for young mothers, limit for Fiscal Year 2000 has been reached. railroads. Bob handled these daunting tasks among other activities. Tuesday, the Senate passed S. 2045 to in- with characteristic acumen and aplomb. Even- I wish to thank Tracy and the numerous in- crease the H–1B cap to 195,000 through 2003 tually, thanks to the groundwork laid during dividuals with whom he works for their tireless and included several important worker training Bob’s tenure with the Penn Central, Conrail efforts to make our communities safer. and education provisions. It is now time for the became a thriving railroad that was fully f House to pass this bill as well. privatized in 1987 and was recently purchased This bill includes provisions so that 55% of by Norfolk Southern and CSX. NATIONAL DAY OF THE REPUBLIC the H–1B education and training fees go to- When Ronald Reagan took office in 1981, OF CHINA ward Department of Labor demonstration pro- Bob was named Federal Railroad Adminis- grams and projects to provide training for trator. This was an era of massive and long HON. GARY L. ACKERMAN workers. Twenty-two percent of the fees will overdue change, when the entire freight rail- OF NEW YORK go toward low-income scholarships and fifteen road industry was being transformed and re- IN THE HOUSE OF REPRESENTATIVES percent of the fees will go toward National Science Foundation grants for math, tech- habilitated through the deregulation of the Wednesday, October 4, 2000 Staggers Rail Act. Bob was at the center of ef- nology and science education in primary and forts to modernize all federal policies affecting Mr. ACKERMAN. Mr. Speaker, as the Re- secondary schools. It also provides after- the rail transport system. public of China’s 89th National Day ap- school technology grants to encourage youth In 1983, Bob returned to private law prac- proaches, I wish to congratulate President education in these subject areas. tice, representing the French high-speed rail Chen Shui-bian and the people of Taiwan for Earlier this year, I cosponsored ‘‘The Help- enterprise, TGV. Later, from 1990 to 1997, he their continuing economic success and polit- ing to Improve Technology Education and served as general counsel to the Association ical reforms. Achievement Act of 2000’’ introduced by Con- of American Railroads. On this festive occasion, it is my hope that gresswoman ZOE LOFGREN and Congressman Those who worked in or with the railroad in- Taiwan and the Chinese mainland will soon DAVID DREIER. This bill was critical to the de- dustry can attest to Bob’s razor-sharp mind begin a serious dialogue on reunification bate on this issue and I am proud to have and analytical skills. He was able easily to issues. The time is approaching for both sides worked with those sponsors, as well as with grasp the most complex issues, and equally to work out their differences and find a way to members on both sides of the aisle who have important, to fashion sensible proposals for co-exist without antagonism. I am certain the been dedicated to bringing this bill to the floor. addressing those issues. Without exception, people on Taiwan look forward to the day I recognize the enormous difficulties that the Bob was the consummate gentleman, and a when they will be able to celebrate October current worker shortage poses to high tech constant source of dry wit and good humor. 10th without the fear of a bellicose neighbor companies. At the same time, however, I want He never shrank from discussing and dis- threatening not only their political freedom, but to insure that we do all that we can to reach secting the rail transport policy issues of the also their very lives. the best and brightest in America and pro- day, on or off Capitol Hill. I also would like to take this opportunity to viding opportunity for and training to American Throughout his professional career, Bob re- extend my heartfelt congratulations and best workers as well. Today’s bill is attentive to mained intensely proud of his French heritage, wishes to Ambassador C.J. Chen, who re- both of these needs. I urge all of my col- and an unapologetic Francophile, always cently returned to Washington after several leagues to vote for S. 2045. ready to discuss French culture, cuisine, and years in Taipei. A distinguished diplomat, Am- f bassador Chen is now Taiwan’s chief rep- of course, wine. He was truly un homme PASS THE CARAT ACT: H.R. 5147 extraordinaire, and will be sorely missed by all resentative in the United States. Ambassador who had the good fortune to know him. Chen is an industrious and experienced dip- HON. TONY P. HALL f lomat who has worked diligently for many years to strengthen ties between the United OF OHIO MR. TRACY JOHNSON HONORED States and the people of Taiwan. IN THE HOUSE OF REPRESENTATIVES WITH NATIONAL CRIME PREVEN- Mr. Speaker, Taiwan has become a beacon Wednesday, October 4, 2000 TION AWARD of democracy in an area of the world which Mr. HALL of Ohio. Mr. Speaker, many of us has known authoritarianism for centuries. The are gravely concerned about the role the trade HON. DONALD A. MANZULLO upcoming celebration of National Day in the in diamonds has in fueling some of the most OF ILLINOIS Republic of China is a timely reminder of the brutal wars in Africa. Much is made of the fact IN THE HOUSE OF REPRESENTATIVES importance of our friendship and support for that the number of these diamonds is small— Taiwan. Wednesday, October 4, 2000 between 4 and 15 percent. The reality is that f blood diamonds account for 30 percent of the Mr. MANZULLO. Mr. Speaker, I rise today profits the industry earns. to pay tribute to Mr. Tracy Johnson of Free- AMERICAN COMPETITIVENESS IN The link between diamonds and war is well- port, Illinois, a town in the congressional dis- THE TWENTY-FIRST CENTURY documented, and I urge our colleagues to get trict I am privileged to represent. Tracy is a ACT OF 2000 the complete story by requesting a briefing by modern-day hero who works tirelessly to pre- U.S. intelligence agencies. In the meantime, I SPEECH OF vent crime in northern Illinois. am submitting for the RECORD a selection of On September 29, 2000, Tracy joined seven HON. PATRICK J. KENNEDY excerpts from respected publications. This is other citizen crime fighters from around the OF RHODE ISLAND by no means exhaustive, and it omits reports country to receive the SBC Communications IN THE HOUSE OF REPRESENTATIVES on the industry’s recent efforts to repair its Award of Excellence in Crime Prevention. Na- damaged reputation. Tuesday, October 3, 2000 tionally recognized comedian Joe Piscopo pre- I hope this selection is useful to the Amer- sented the award during the ‘‘2000 National Mr. KENNEDY of Rhode Island. Mr. Speak- ican public—which buys two-thirds of the Conference on Preventing Crime’’ in Wash- er, in 1998, Congress passed legislation to world’s diamonds. And I urge my colleagues ington, DC. This year’s eight winners, selected raise the H–1B caps to 115,000 visas per to review this situation and join in efforts to from nominations across the country, have all year. That legislation included important provi- combat this terrible trade. made major impacts in their communities with sions to ensure that American workers would ‘‘The flow of uncut diamonds from rebel- their innovative crime prevention strategies. not be displaced by those holding H–1B visas. held mines to market centers around the

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0689 Sfmt 0634 E:\BR00\E04OC0.000 E04OC0 20842 EXTENSIONS OF REMARKS October 4, 2000 world—valued at hundreds of millions of dol- ‘‘. . . are New York diamond dealers wor- Revoluntionary United Front (RUF) started lars a year—is keeping rebel armies in An- ried about having their glittering product out in 1991 as a small band. Then they cap- gola, Congo and Sierra Leone supplied with follow in the footsteps of the fur coat and la- tured the diamond region, got rich and be- tanks and assault rifles and even uniforms beled parish products? ‘No . . . We’ve weath- came a very big band. . . . They fight not to and beer, American and European officials ered many storms before. We’ll weather this win but to keep hold of the diamond trade.’’ say.’’ U.S. May Try to Curb Diamond Trade one too.’ ’’ Dirty Diamonds, New York Post, 11/ Diamonds are for Killers, Washington Post, That Fuels Africa Wars, New York Times, 8/7/ 9/99. 5/16/00. 99. ‘‘Some of Africa’s worst violence—in An- ‘‘The international diamond trade needs to ‘‘The brutal war in Sierra Leone, which gola, in Congo, in Sierra Leone—where hun- be regulated . . . Better accountability is left thousands maimed and mutilated, was dreds of thousands have died or lost arms not too much to ask of an industry with an- prolonged by at least 18 months because of and legs: This turmoil has been financed in nual retail sales worth $56 billion. Western the ability of the rebels to quickly trade dia- large part by stolen diamonds that end up in governments can carry on financing peace- monds for arms, an Administration official jewelry stores around the world. . . . There keeping missions while their consumers fi- said. . . .’’ U.S. May Try to Curb Diamond is so much money at stake, it won’t be easy nance mayhem.’’ Diamonds are for Killers, Trade That Fuels Africa Wars, New York to stop rebels who have used the beauty and Washington Post, 5/16/00. Times, 8/7/99. value of diamonds to create misery and ‘‘Sierra Leone is being ripped apart be- ‘‘In many African nations, the natural re- death in Africa.’’ ABC World News Tonight, cause of diamonds. The Revolutionary sources that should be used to feed and edu- 11/26/99. United Front, or RUF, the leading rebel cate people are instead being used to destroy ‘‘In an African tragedy, the world’s purest group, controls the country’s richest dia- them. . . . Loot, not better government, has gems are funding one of the diriest wars in mond areas . . . refugees have no hope of motivated the psychotically brutal guer- history.’’ Diamonds in the Rough, Time, 12/6/99. profiting from their hometown’s natural rillas of Sierra Leone.’’ The Business of War ‘‘More than 10,000 people had been mur- wealth so long as the RUF remains there. ‘I in Africa, New York Times, 8/8/99. dered, raped, abductted or maimed by rebels am living like this all because of diamonds,’ ‘‘Sierra Leone was founded in the 18th cen- in a campaign of calculated terror. In their [a refugee] said, surveying a crush of human- tury as a safe haven for freed slaves. At the vividness sand gratuitous cruelty, the mass ity at the camp’s food distribution center.’’ close of the 20th century, its people are en- amputations epitomized the powerlessness of A War Driven by Diamonds, Los Angeles during horrors at the hands of their country- ordinary Africans a the turn of the millen- Times, 5/26/00. men and bearing scars from a civil war of nium. They also marked a climactic spasm ‘‘That a criminal economy can eat away at atrocities perpetrated by an army of thugs in a grinding eight-year civil war shaped by the heart of states and whole nations is and desperadoes.’’ The Amputees of Sierra familiar patterns. Outsiders exploited Sierra nothing new. But recent events in Lierra Leone: Civil War’s Brutal Legacy, Wash- Leone’s diamonds and other resources. . . . Leone have shown that it can also divert to ington Post, 10/18/99. The international media paid little atten- its own advantage an entire peacekeeping ‘‘The eight-year conflict that has shattered tion. And the great power stood aside, operation run by the United Nations and sup- this country and brutalized its 5 million peo- numbed by Africa’s wars and poverty.’’ Peace ported by the main foreign powers . . . We ple has been fueled by foreigners’ hunger for Without Justice: The Other War, Washington must be clear about who is involved. Bar- diamonds. . . . These conflicts are singularly Post, 1/9/00. baric, drug-crazed and dragooned by the war- brutal, scholars say, because many of their ‘‘Rebel armies in Angola, the Congo, and lords as they may be armed and desperate sponsors are outsiders with little motive to Sierra Leone wage brutal civil wars funded young men could not have brought limit destruction.’’ Diamond Hunters Fuel by an extensive, smuggled diamond trade. UNAMSIL to it knees all on their own. The Africa’s Brutal Wars, Washington Post, 10/16/ The rebels take control of a diamond mine, UN has been ensnared by something dif- 99. falsify a few documents, and then sell the ferent, something newer and more insidious; ‘‘. . . a prosthetics specialist for Handicap diamonds in the international markets. . . . by a struggle between two rival groups sup- International . . . said he had never seen a Rebels in Sierra Leone used their diamond ported by businessmen intent on gaining double-arm amputee until he came here. ‘It money, funneled through dealers in Liberia, control of mineral wealth.’’ Sierra Leone’s Di- was shocking,’ he said. ‘I don’t think you to build an army that started with just 400 amond Wars, Le Monde, 6/00. will find double amputees of the upper limbs volunteers, into a fighting force with more ‘The Kalashnikov lifestyle helps our busi- anywhere else in the world—maybe isolated than 20,000 paid soldiers.’’ Is Your Engagement ness,’ sing the child-soldiers of the RUF. cases, but not like in Sierra Leone.’ In the Ring Funding a Civil War?, Shewire, 2/23/00. When these kids with guns—doubly cursed Amputee and War Wounded Camp. . . . the ‘‘In many parts of Africa, diamonds don’t by a war in which they are born to live as double amputees are considered the mean glamour, purity or eternal love. In- killers and then die young—watched the blue unluckiest. Those without arms . . . openly stead, they mean slaughter and sadistic bru- berets moving towards the diamond fields express envy of those with a missing leg, who tality. In civil wars in Angola, Congo and Si- last March, they did not see them as rep- will one day wear trousers over an artificial erra Leone—among the world’s bloodiest yet resentatives of an international community leg, or those with at least one good arm. . . . most ignored conflicts—guerrilla groups earn intent on disarming them and generously a psychologist who treats the amputees, said hundreds of millions of dollars annually from giving them an education, health, social pro- the Revolutionary United Front appeared to mining and exporting diamonds. They use tection and work. This is just one more fac- have selected men whose maiming would the money to buy huge arsenals and ter- tion that wanted to take their territory most profoundly affect the social order. ‘It rorize enormous expanses of countryside.’’ away from them so as to deprive them of was the goal of the rebels to take away their Glittering Currency of African Warfare, San their source of wealth . . . ’’ Sierra Leone’s role as men, fathers and husbands.’’ Sierra Francisco Chronicle, 3/6//00. Diamond Wars, Le Monde, 6/00 Leone Measures Terror in Severed Limbs, ‘‘The diamond-financed escalation of war ‘‘At least three wars in Africa are ‘fueled’ Washington Post, 8/22/99. in Angola in the last decade has cost the by diamonds . . . A campaign partly financed ‘‘The residents of this camp [for amputees] lives of about 500,000 people while displacing by Britain, is seeking to alert consumers to lost their arms and feet to a rebel force that about four million others, according to ‘conflict’ diamonds.’ Seeing what animal- spread terror among Sierra Leoneans not by human rights groups and the United Na- rights campaigners did to fur, this has terri- killing but by leaving people . . . as living, tions,’’ U.N. Sees Violation of a Diamond Ban fied the whole industry.’’ Losing Their Spar- limbless symbols of its savage power. The by Angola Rebels, New York Times, 3/11/00. kle: How to Stop Diamonds Paying for Nasty campaignSierra Leone Measures Terror in Sev- ‘‘. . . the glittering stones have become African Wars, The Economist.6/3/00. ered Limbs, Washington Post, 8/22//99. agents of slave labor, murder, dismember- ‘‘When they chop off people’s hands, they ‘‘That dazzling diamond necklace you buy ment, mass homelessness and wholesale eco- will say to the victims, ‘Let’s see how you’re for that special someone at a swank Fifth nomic collapse.’’ New York Times. 4/6/00. going to vote now,’ [Sierra Leone’s Ambas- Avenue jewelry store may be funding the ac- ‘‘Sierra Leone remains one of the poorest sador] Liegh explained. ‘In Sierra Leone, tivities of a canibal gang in Sierra Leone. countries, despite its diamond wealth. Or people re in a state of shock. Nobody . . . It’s the dark side of the diamond indus- rather because of it. ‘The diamond mines are throughout the fellow Africans could be this try. . . . and the profits—estimated to be $2 central to the conflict in two ways. One, vicious’ The extreme violence, he said, is ex- billion a year—are funneled back to some of they provide the spoils. Two, providing the plained by the diamonds, which the rebels— the worst mass killers this century has ever RUF with the money to continue waging who have received support from Libya and seen. The money is used to buy arms and war.’ ’’ A Conflict Rooted in Rebels and Dia- neighboring Liberia—seek to control. ‘The military hardware, and to hire private mer- monds, Christian Science Monitor, 5/15/00. greedier you are, the more violent you are,’ cenary firms to keep these internal African ‘‘Clausewitz called war ‘the pursuit for pol- he said.’’ An African Ambassador Battles Ter- conflicts raging, according to a recent report itics by other means.’ But war is just as ror and Indifference, New York Times, 6/5/00. by the State Department’s Bureau of Intel- often a device for the pursuit of business. In ‘‘As the people of Sierra Leone, Angola and ligence and Research.’’ Dirty Diamonds, New Sierra Leone, war is caused by diamonds. the Democratic Republic of the Congo have York Post, 11/9/99. The limb-chopping rebels of the found to their cost, diamonds from rebel-

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00019 Fmt 0689 Sfmt 0634 E:\BR00\E04OC0.000 E04OC0 October 4, 2000 EXTENSIONS OF REMARKS 20843 controlled mines are the perfect currency to ‘‘By far the most potent symbol of the suf- try. U.S. consumers have a particular reason discreetly buy arms, bribe officials and keep fering ‘conflict diamonds’ can inflict are the to deplore the link between diamond pur- soldiers fed and fighting. Stones smaller amputees of Sierra Leone. [Foday] Sankoh’s chases and the funding of the psychotic rebel than a fingernail can be easily hidden and rebels cut the hands off defenseless civilians forces in West Africa. Americans reportedly sold for thousands of dollars with no ques- in order to sow terror and clear people out of account for 65 percent of the world’s dia- tion asked.’’ African Diamonds are a Rebel’s diamond-rich areas. Later, long after a peace mond jewelry sales. But at present there is Best Friend, Reuters, 6/8/00. agreement had been signed, Sankoh’s forces no way for those buying this symbol of love ‘‘DeBeers is stepping up its attempts to attacked U.N. peacekeepers just as they were to make an ethical choice.’’ Deadly Dia- make such Robin Cook and others do not preparing to move into rebel-held diamond monds: Gems Sold in the United States Pay for stigmatize diamonds as ‘the new fur’ through zones. That audacious assault clearly dem- Atrocities in West Africa, Legal Times, 9/11/00. constantly associated them with wars in Af- onstrated just how important diamonds had rica. Diamonds are commonplace in some become to the RUF.’’ In Search of Hot Rocks, f parts of the [African] Continent and their Newsweek, 7/10/00. PERSONAL EXPLANATION high value is dependent on a pure image and ‘‘Rather quickly, the world is waking up to DeBeers’ restricting supply. The company the role of diamonds in fueling Africa’s civil ´ has always had a huge marketing arm and wars.’’ Africa’s Death Stones, 7/15/00. HON. RUBEN HINOJOSA ‘diamonds are forever,’ coined in 1947, is one ‘‘Diamonds have long conjured the most OF TEXAS of the most successful advertising slogans of romantic notions. . . . In parts of conflict- IN THE HOUSE OF REPRESENTATIVES all time.’’ African Images Could Hurt Diamond ridden Africa, however, diamonds inspire lit- Wednesday, October 4, 2000 Trade, Daily Telegraph, 6/12/00 tle sentimentality. African warlords have ‘‘The [United Nations’] main objective is to taken control of some of the most valuable Mr. HINOJOSA. Mr. Speaker, yesterday I take the diamond fields in the east, which fi- diamond mines on the continent, using the was unavoidably detained and missed rollcall nance the rebels’ war chest . . . From the di- proceeds to buy guns and machetes. Their in- amond fields, the threats of the conflict lead vote No. 509, making further continuing appro- volvement in the international diamond over the border. The RUF smuggles dia- priations for the fiscal year 2001. Had I been trade has given birth to a new gemstone: the monds into neighboring Liberia, where Presi- present I would have voted ‘‘yea.’’ blood diamond.’’ A Rebel’s Best Friend, Wash- dent Charles Taylor (who helped launch the ington Times, 7/23/00. f RUF) is, according to the British, swapping ‘‘Consumers have begun to ask where their them for weapons and ammunition.’’ Sierra IN HONOR OF THE 25TH WEDDING diamonds come from, prodding the industry Leone: Staying On, The Economist, 6/17/00 ANNIVERSARY OF DON AND to start certifying that it does not finance ‘‘Many rebel leaders inciting civil conflict CATHIE HUNSBERGER are really more interested in lucrative com- civil wars, merchants said. . . . The diamond modities such as diamonds, drugs, timber merchants say they are working under pres- and coffee than in the political grievances sure from their customers.’’ Diamond Indus- HON. CHRISTOPHER COX they espouse, the World Bank says in a re- try Makes Proposals, Washington Post, 9/7/00. OF CALIFORNIA port release last week...When the main griev- ‘‘Buyers would be appalled to learn that IN THE HOUSE OF REPRESENTATIVES money paid for diamond rings and bracelets ances—inequality political repression, and Wednesday, October 4, 2000 ethnic and religious divisions—are measured may ultimately support politico-criminal objectively, Report Links Conflicts with Com- bands which exploit child-soldiers and sur- Mr. COX. Mr. Speaker, there are few occa- modities, UN Wire, 6/22/00. vive by atrocities and terror. The business sions more joyous and historic in a family’s life ‘‘In Sierra Leone, the Revolutionary would be ruined overnight if the barbarous than a 25th wedding anniversary. On October United Front, a rebel outfit seeking to con- crimes committed in Sierra Leone—and wholesale atrocities against civilians in the 11, 1975, Don and Cathie Hunsberger were quer diamond fields in the eastern part of married. Today, a quarter-century later, their their country, routinely chops off the limbs struggles over control of diamonds and min- of citizens to force evacuations of the coun- erals in the Congo, Angola and elsewhere— bonds of matrimony are stronger than ever. tryside surrounding the mines. The rebels became associated by the Western public As each of us in Congress knows, leader- barter diamonds for weapons and fund their with luxury jewels.’’ How Pressure on the Dia- ship in all walks of life means, more than any- movement with illicit diamond trade. . . . mond Trade Can do Good for Africa, Inter- thing else, setting an example. The While the vast majority of diamonds come national Herald Tribune, 8/25/00. Hunsbergers’ commitment to each other, to from conflict-free zones in Africa and are ‘‘The diamond trade is hard to control their families, and to their communities is just since the stones are so easily concealed and traded legitimately, enough diamonds are such an example and inspiration to us all. mined in conflict zones to create a reason- transported. . . . On the other hand, nearly all traded jewel diamonds pass by way of They began their partnership as college able doubt about any stone’s origin.’’ Rights sweethearts at DePauw University in Groups Take the Stick to Carat of Conflict Dia- four countries: South Africa . . . Belgium monds, Congressional Quarterly Daily Monitor, and Israel, . . . and the United States. All Greencastle, Indiana. Cathie was studying to 6/26/00. are serious countries that can suppress much become a teacher. Don was preparing for law ‘‘. . . public perception of diamonds has of the illicit trade, if they want.’’ How Pres- school. Even then, Cathie was convinced that been marred by the gems’ links to such sure on the Diamond Trade Can do Good for Af- the education of our children was the key to armed conflicts as the one in Sierra Leone, rica, International Herald Tribune, 8/25/00. our future, and Don was committee to improv- reports the Karachi Dawn. ‘Suddenly, in- ‘‘DeBeers was rocked by disclosures that in ing the way of our laws and our government stead of being glamorous and eternal, the 1992 the company bought $14 million worth of diamonds from Angolan rebels and has since serve the people. Their sense of caring and precious stones are shooting to the top of the responsibility made a lasting impression on all political hate list,’ wrote Doug Alexander. scrambled to burnish its public image . . . ‘Their sparkle has faded in a matter of [its] strategy may prove a spectacularly of their many friends, most particularly weeks.’ ’’ Diamonds Becoming Unpopular Due profitable act of reinvention.’’ A Gem of a Cathie’s adopted ‘‘sister’’ and roommate, my to Ties to Conflict, UN Wire, 6/29/00. New Strategy, Time, 9/25/00. wife, Rebecca. Cathie and Don were soon ‘‘ ‘We have always maintained that the ‘‘Nine years of civil war . . . has dev- married, and shortly made their way to Orange conflict in Sierra Leone is not about ide- astated the civilian population of Sierra County, California. ology, tribal or regional difference,’ [Sierra Leone. The conflict has killed over 75,000 As a renowed educator, Cathie has made a people, displaced one-half of the country’s 4.5 Leone’s Ambassador] Kamara added. ‘‘It has positive difference to hundreds of our children nothing to do with the so-called problem of million people, and resulted in egregious marginalized youths or . . . an uprising by human rights violations. . . . The RUF, in Orange County. Don’s leadership in the law rural poor against the urban elite. The root however, has continued to finance its mili- and his community service have improved the of the conflict is and remains diamonds, dia- tary operations through the illegal sale of lives of families throughout Southern Cali- monds and diamonds.’ ’’ New York Times, 7/6/ diamonds.’’ Sierra Leone: Diamonds for Arms, fornia. 00. Human Rights Brief, Spring 2000. Twenty-five years of marriage have pro- ‘‘Two weeks ago the World Bank reported ‘‘The photographs of sad-eyed babies whose duced four children. As parents, Don and that the struggle for diamonds and other hands were hacked off by a vicious rebel Cathie have passed along their values and commodities had overtaken politics as the force have shocked the world’s conscience. their sense of honor, duty, and patriotism to biggest cause of civil war globally. The So too have reports that the wealth and deaths of countless Africans are now inex- weaponry of Sierra Leone’s insurgents come Lauren, Ashley, Alec, and Evan. As a result, tricably linked to the glittering object that from their control of their country’s dia- Orange County and our Nation will long profit has symbolized the promise of a lasting mar- mond fields. The horrifying juxtaposition of from their example. riage.’’ In Search of Hot Rocks, Newsweek, 7/10/ severed limbs with twinkling gems has even Along with the rest of their family and 00. riveted the attention of the diamond indus- friends, the Hunsbergers will be celebrating

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 20844 EXTENSIONS OF REMARKS October 4, 2000 this memorable occasions on October 11, of children is not determined by federal bu- Located on a 200-acre wooded campus, 2000 in Yorba Linda, California at the home of reaucrats. Wesleyan has multiple historic buildings on its Cathie’s parents, George and Mary Ries. I For his entire tenure in the House of Rep- current campus, including Persons Hall, know all of my colleagues join me in wishing resentatives, BILL GOODLING has encouraged Wortham Hall, and Banks Hall. I have had the Don and Cathie Hunsberger a splendid 25th all of us to keep the federal government’s distinct honor to visit the Wesleyan campus on wedding anniversary, and many more to commitment to special education, and funding many occasions. I have talked to students, come. for the Individuals with Disabilities Education toured the splendid historic building, and I f Act (IDEA) has more than doubled during his firmly believe that providing funding for Wes- term as Chairman of the Education Com- leyan College as well as Georgia College and EXPRESSING SENSE OF CONGRESS mittee. IDEA will miss a great ally when he re- the other prestigious historically women’s pub- REGARDING TAIWAN’S PARTICI- tires from the House. lic colleges and universities will help restore PATION IN THE UNITED NATIONS Under his leadership, the focus on edu- some of our most precious historic landmarks cation has shifted from the quantity of pro- and treasures and preserve the foundations of SPEECH OF grams and services provided by the federal women’s education in America. HON. TOM BLILEY government to the quality of those programs. f OF VIRGINIA Head Start, for example, has been enhanced FOREMOST FOODS ON GUAM IN THE HOUSE OF REPRESENTATIVES to ensure that children are taught by qualified teachers and held accountable for meeting Tuesday, October 3, 2000 specific performance measures. Ed-Flex has HON. ROBERT A. UNDERWOOD OF GUAM Mr. BLILEY. Mr. Speaker, the Republic of also been expanded to allow all 50 states IN THE HOUSE OF REPRESENTATIVES China on Taiwan will celebrate its 89th anni- flexibility in administering education programs versary of its founding on October 10, 2000. in return for meeting measurable performance Wednesday, October 4, 2000 On this exciting occasion, I would like to add standards. Mr. UNDERWOOD. Mr. Speaker, this year my support for this thriving democracy and to BILL’s contributions to Congress are not marks the 50th anniversary of Foremost recognize the good work of Taiwan’s Presi- solely limited to education, however. As a Foods on Guam. For five decades, Foremost dent Chen Shui-bain. member of the Committee on International Re- has been at the forefront in providing goods Again this year, the Republic of China on lations, he has impacted the development of and services to the people of Guam. The com- Taiwan attempted to return to the United Na- U.S. foreign policy by insisting that U.S. na- pany’s products were first introduced to local tions. I agree that the Republic of China on tional security interests are the utmost priority. households in 1950, when former Governor Taiwan should have a place in the United Na- His position on that Committee has also al- Carlton Skinner asked International Dairy Sup- tions. Taiwan is, and has always been willing lowed him the opportunity to champion human ply Company to supply Guam’s civilian popu- to contribute to the many worthwhile causes of rights and child survival efforts abroad. lation with dairy products. Two years earlier, the United Nations, but without membership to Like many of my colleagues, I am saddened International Dairy was awarded a contract to the United Nations, Taiwan is barred from any to see him leave this body. I will certainly miss produce goods exclusively for military per- substantive involvement. his practical, ‘‘hands-on’’ expertise when look- sonnel. Blue Seal milk products were then Time has come for the United Nations to ing for leadership on education issues. But I sold at local stores and Guam schools began honor its own principle of universal member- congratulate you, BILL, on a job well done. I receiving half-pints of milk for lunch programs. ship and admit the Republic of China on Tai- wish you and Hilda all the best for your life to On February 12, 1951, International Dairy wan as a member. come. Supply Company was issued a Guam busi- ness license and, by 1955, the company was On the eve of the Republic of China’s Na- f tional Day, I call on the United States to sup- producing a thousand gallons of milk a day for port this thriving democracy in their bid to be- HISTORICALLY WOMEN’S PUBLIC civilian consumption. At the time, the staff con- come a member of the United nations. COLLEGES OR UNIVERSITIES sisted of 11 production personnel, 5 mainte- HISTORIC BUILDING RESTORA- nance staffers and 3 drivers. In 1961, the Blue f TION AND PRESERVATION ACT Seal milk trademark was replaced with the fa- QUALITY, NOT QUANTITY; miliar ‘‘F’’ logo denoting Blue Seal’s relation- RESULTS NOT PROCESS SPEECH OF ship with the parent company, Foremost Dairies. by 1965, Foremost Dairies had be- SPEECH OF HON. SAXBY CHAMBLISS come the company’s sole shareholder. OF GEORGIA In the 1960’s, milk, vanilla ice cream, and HON. MICHAEL BILIRAKIS IN THE HOUSE OF REPRESENTATIVES Coca-Cola were Foremost’s bestsellers on OF FLORIDA Tuesday, October 3, 2000 Guam and in the Northern Marianas. As con- IN THE HOUSE OF REPRESENTATIVES sumer lifestyles became more active and so- Mr. CHAMBLISS. Mr. Speaker, I rise today Tuesday, October 3, 2000 phisticated, Foremost catered to local tastes. in strong support of this important bill, H.R. Through the years, low-fat skimmed products, Mr. BILIRAKIS. Mr. Speaker, I rise today to 4503, Historically Women’s Public Colleges or Diet Coke, fat-free milk, yogurt and Crystal pay tribute to my good friend and colleague, Universities Historic Building Restoration and Clear Drinking Water have found popularity BILL GOODLING. Preservation Act, which provides critical fund- among island consumers. When I think of BILL GOODLING, the words ing to assist a group of schools who pioneered From a handful of employees in the 1950’s, ‘‘quality’’ and ‘‘integrity’’ come to mind. BILL improvements in educational opportunities for Foremost Foods and Coco-Cola Beverage GOODLING is an example of the very finest this women throughout the United States. Company, Guam, now employs a full time institution has to offer. His practical experience Like the other colleges and universities that staff which mans two 8-hour shifts at their as a high school teacher, principal, and super- we are supporting in this bill, Wesleyan was state-of-the-art plant in Upper Tumon. In addi- intendent has given him the ability to legislate established to ensure that women in the tion, a technical staff supervises and maintains with authority on education issues. Many times United States receive a quality education. equipment 24 hours a day, 7 days a week. I have looked to his leadership on education Wesleyan College was founded as a public Under the capable direction of Paul Boon, who and deferred to his ‘‘hands-on’’ knowledge of college in 1836, by citizens of Macon, Geor- became the company’s president 7 years ago, preparing children for the best possible future. gia, as Georgia Female College and is the Foremost has continued a tradition of dedica- BILL’s philosophy of education is based on oldest women’s college in the world that still tion and support for its employees. Veteran the premise that many of us believe in—en- educates exclusively women. For more than employees can attest to the company’s con- suring that parents and local education agen- 160 years, Wesleyan, has prepared women cerns towards its workers through their train- cies make decisions regarding a child’s edu- for life, work, and service. Today, Dr. Nora ing and development programs and their sal- cation, not the federal government. As Chair- Bell, President of Wesleyan, the faculty and ary and benefits packages. man of the Education and the Workforce Com- staff of Wesleyan continue to promote wom- Over the years, Foremost has also been an mittee, he has challenged the federal edu- en’s education as a continual, integrated proc- active supporter of community programs, ac- cation paradigm by insisting that the education ess of growth in mind, spirit, and body. tivities and events. The company has supplied

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR00\E04OC0.000 E04OC0 October 4, 2000 EXTENSIONS OF REMARKS 20845 products to numerous races and tournaments. EX-OFFENDER VOTING RIGHTS eligible to vote in federal elections. This, Mr. It sponsors major events, such as the pres- ACT Speaker, is a necessary step in restoring the tigious Asian Professional Golf Association franchise to those Americans who have al- Tournament, and provides corporate encour- HON. EDOLPHUS TOWNS ready suffered so much. agement to community endeavors, such as OF NEW YORK f Sanctuary Inc., the American Cancer Society, IN THE HOUSE OF REPRESENTATIVES Goodwill Industries of Guam, Inc., and the IN RECOGNITION OF MANUEL D. Wednesday, October 4, 2000 Guam Chapter of the American Red Cross. MAYERSON However, the cooperative spirit between Fore- Mr. TOWNS. Mr. Speaker, in Post-Civil War most and the community is best demonstrated America, Congress passed the Fourteenth and HON. ROB PORTMAN in times of contingency, such as typhoons. Fifteenth Amendments to the United States OF OHIO During such times, Foremost employees Constitution to give African Americans the IN THE HOUSE OF REPRESENTATIVES switch to round-the-clock production preparing right to vote and to participate meaningfully in Wednesday, October 4, 2000 the governance of this country. While 22 Afri- basic supplies, such as ice and water, in order Mr. PORTMAN. Mr. Speaker, I rise today to can-Americans were elected to Congress in to meet the needs of island residents. pay tribute to Manuel D. Mayerson, who will the following years, the promise of these For the past 50 years, Guam and the North- be honored at the Second Annual Circle of amendments was destroyed by Jim Crow ern Marianas have enjoyed quality products Life Awards Dinner in Cincinnati on October 5, laws. After decades of struggle, the sacrifices provided by Foremost Foods. On behalf of the 2000. of nonviolent civil rights protesters spurred people of Guam, I commend the company for The Circle of Life Awards Dinner raises Congress to approve the Voting Rights Act in its contribution to our community and our awareness about the severity of brain injury 1965. The passage of the Voting Rights Act economy. I congratulate Foremost Foods and and honors leaders like Manuel for their work was perhaps the most important victory won join them in celebrating their 50-year anniver- in helping young people with disabilities. Brain by the Civil Rights Movement led by the Rev- sary on Guam. I hope that the next 50 years injury is the most frequent cause of disability erend Dr. Martin Luther King, Jr. All of these would bring continued success to Foremost and death among children and adolescents in efforts were made with the recognition that the Foods and its employees. the United States. Each year, over 1 million franchise is critical to the ultimate emanci- At this point, I would like to submit, for the children sustain injuries with more than 30,000 pation of the African American people. suffering a serious permanent disability. RECORD, the names of veteran employees Unfortunately, as we approach the first na- who, through the years, have made great con- Manuel’s interest in helping children and tional election of the new millennium, we are others with disabilities began about 10 years tributions towards the success of the com- confronted with another challenge to the en- pany. ago when he was approached by several or- franchisement of millions of African-Ameri- ganizations about the problems of infant brain 33 Years: Narciso M. Ibit, Production Su- cans. Mr. Speaker, there is simply no justifica- injuries caused by shaking. Manuel then de- pervisor; 31 Years: Eduardo G. Merto, Dairy tion for the disenfranchisement of almost 3 cided to form the Family Violence Coalition, Specialist II; 27 Years: Hermie L. Loria, Pro- million Americans who served their sentences which focuses on programs to prevent child duction Supervisor; 26 Years: Benjamin M. for the commission of a felony crime. Let me abuse. Peralta, Engineering Technician I; Danilo E. repeat that point: over 3 million Americans Tucio, Dairy Specialist III; 25 Years: Joseph Most recently and through Manuel’s support, have lost their right to vote even after they the Mayerson Center for Safe and Healthy E. Collado, Chief Engineer; Arturo Hippolito, have paid their debt to society. Mr. Speaker, Dairy Specialist II; Marcelo Carlos, Jr., CSR Children at Children’s Hospital Medical Center Crystal Clear; Luis Gonzales, Production this issue is of great concern to my commu- of Cincinnati was founded to help prevent, Manager; Carlos Nucum, Engineering Tech- nity, which already suffered so much from the identify and treat child abuse and neglect. nician II; Bartolome Andres Dairy Specialist so-called ‘‘war on drugs.’’ Manuel also serves as a trustee at Children’s II; Efren Silva, Engineering Tech I; Tommy The war on drugs is perhaps the single Hospital. Outside the Hospital, he has been in- Sangalang, Dairy Specialist II; Teodor most ‘‘effective’’ tool in disenfanchising mil- strumental in establishing programs like the In- Agsalud, Warehouse Specialist II; 24 Years: lions of African Americans since Jim Crow. Natalio I. Esperosa, Dairy Specialist I; clusion Network, which works to increase ac- Between 1985 and 1995, there was a 707% ceptance of the disabled, and other important Mateo D. Ulanday, Dairy Route Sales Rep- increase in the number of African Americans resentative; Cerilio Danila, Dairy Specialist human service programs that help people to III; Jose Ferrer, Dairy Route Sales Rep- in state prison for a drug offense, compared to overcome limiting conditions. resentative; 23 Years: Rudolfo De Guzman, a 306 percent increase for whites over the Manuel continues to serve on a number of Dairy Specialist II; Leo Bustillo, Warehouse same period. In addition, since the advent in boards including: the Cincinnati Children’s Specialist II; Augusto Perez, Engineering 1986 of mandatory minimum sentences for Hospital; Hebrew Union College; Contem- Technician III; Luther Umayam, Auto Me- drug related offenses, the number of African porary Arts Center; Cincinnati Art Museum; chanic I; Alberto Valencia, Engineering Americans in prison on drug-related offenses Technician I; 22 Years: Manuel Alvarez, and the Freestore/Foodbank. In addition, the has exploded. In fact, despite evidence that Mayerson Foundation, supported by Manuel Crystal Clear Supervisor; Jose Agahan, African Americans and Caucasians use drugs Warehouse Specialist II; 20 Years: Romualdo and his wife, Rhoda, has been most generous Dela Cruz, Engineering Leadman IV; 19 at roughly the same rate, African Americans to causes that improve the lives of children, Years: Federico Ventura, Preseller (Dairy); have been especially hard hit by mandatory people with disabilities, and to community in- Erlo Torres, Dairy Specialist II; 15 Years: minimum sentences: African Americans com- stitutions aimed at preserving cultural heritage. Reynaldo Dimla, Engineering Clerk; Samuel prise about 13 percent of the United States’ Manuel and Rhoda have three children: Agsalud, Dairy Specialist III; 14 Years: population, 15 percent of drug users, and 17 Neil, Fred, and Arlene. In addition to the many Rogelio Almeria, Auto Mechanic II; 13 Years: percent of cocaine users. However, thanks to influences in Manuel’s life, Arlene, a civil lib- Zaldy Ponce, Warehouse Specialist II; Ben- the war on drugs being targeted against our erties attorney and one of the architects of the son Ayson, Dairy Route Sales Representa- communities, African Americans account for tive; Rodolfo Paulino, QA Manager; Americans with Disabilities Act, has had a sig- Luzviminda Fellone, Lab Technician II; 33 percent of all federal drug convictions, 57 nificant impact in shaping his commitment to Elmer Escalera, Dairy Specialist II; Eddie percent of Federal cocaine convictions and a helping those with disabilities. Salonga, Dairy Route Sales Representative; staggering 84 percent of all federal crack co- All of us in the Cincinnati area congratulate 12 Years: John Panaguiton, Dairy Route caine convictions. Once convicted, these indi- Manuel for his outstanding leadership, service Sales Representative; Eloison Galang, Coke viduals often lose their right to vote for life. and commitment to improving the lives of oth- Vending Sales Representative; Antonio The result? The combined effect of the war ers. Pehipol, Dairy Specialist IV; Amante on drugs and mandatory minimum sentences f Velasco, Dairy Specialist III; Roger Tiong, being targeted at African Americans and other Dairy Route Sales Representative; Salvador SENATE COMMITTEE MEETINGS Tarape, Dairy Route Sales Representative; 11 minorities is that these groups are losing their Years: Gil David, Warehouse Specialist II; right to vote at staggering rates. That’s why I Title IV of Senate Resolution 4, Jose Canovas, Preseller (Dairy); Edgar come here today, to join my colleagues in de- agreed to by the Senate on February 4, Llarenas, Coke Technician III; Joveneil manding passage on vital legislation to make 1977, calls for establishment of a sys- Eugenio, Lab Technician I. all persons released from prison automatically tem for a computerized schedule of all

VerDate jul 14 2003 11:45 Dec 21, 2004 Jkt 079102 PO 00000 Frm 00022 Fmt 0689 Sfmt 0634 E:\BR00\E04OC0.000 E04OC0 20846 EXTENSIONS OF REMARKS October 4, 2000 meetings and hearings of Senate com- MEETINGS SCHEDULED OCTOBER 11 mittees, subcommittees, joint commit- 9:30 a.m. tees, and committees of conference. OCTOBER 10 Judiciary This title requires all such committees 2:30 p.m. Administrative Oversight and the Courts to notify the Office of the Senate Daily Intelligence Subcommittee Digest—designated by the Rules com- Closed business meeting to consider pend- To continue oversight hearings on the mittee—of the time, place, and purpose ing intelligence matters. Wen Ho Lee case. of the meetings, when scheduled, and SH–219 SD–226 any cancellations or changes in the 7:30 p.m. meetings as they occur. Conferees OCTOBER 12 As an additional procedure along Closed meeting of conferees on H.R. 4392, 9:30 a.m. with the computerization of this infor- to authorize appropriations for fiscal Appropriations mation, the Office of the Senate Daily year 2001 for intelligence and intel- Labor, Health and Human Services, and Digest will prepare this information for ligence-related activities of the United Education Subcommittee printing in the Extensions of Remarks States Government, the Community To hold hearings to examine the status section of the CONGRESSIONAL RECORD Management Account, and the Central of Gulf War illnesses. on Monday and Wednesday of each Intelligence Agency Retirement and SD–124 week. Disability System. Meetings scheduled for Thursday, Oc- S–407, Capitol tober 5, 2000 may be found in the Daily Digest of today’s RECORD.

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