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

Vol. 146 WASHINGTON, FRIDAY, JUNE 23, 2000 No. 81 Senate The Senate met at 9:30 a.m., and was SCHEDULE resume consideration of H.R. 4577, called to order by the President pro Mr. SPECTER. Mr. President, on be- which the clerk will report. tempore [Mr. THURMOND]. half of the distinguished majority lead- The legislative clerk read as follows: A bill (H.R. 4577) making appropriations er, Senator LOTT, I have been asked to PRAYER for the Departments of Labor, Health and announce that we will proceed with The Chaplain, Dr. Lloyd John Human Services, and Education, and related further consideration of the appropria- agencies for the fiscal year ending Sep- Ogilvie, offered the following prayer: tions bill for the Departments of Gracious Father, so often we begin tember 30, 2001, and for other purposes. Labor, Health and Human Services, the work of the Senate by praying for Pending: and Education. We have an amendment unity. Today we search deeper into our McCain amendment No. 3610, to enhance to be presented in a moment or two by protection of children using the Internet. own hearts to discover why we ask for Mr. SPECTER. Mr. President, the unity and then find it difficult to ac- the distinguished Senator from Mis- souri, Mr. BOND. We urge all Senators Labor, Health and Human Services, cept Your gift. Today we humble our- and Education bill before the Senate selves and confess our profound need who have amendments to come to the floor to offer those amendments. Any today contains a program level of $104.5 for Your help. Crucial issues separate billion, an increase of $7.9 billion or 8.2 Senators ideologically. Both sides in rollcall votes will be considered some- time early next week under the sched- percent over the fiscal year 2000 pro- debate assume they are right. Some- gram level. This program level was times pride fires the flames of the com- ule announced by the majority leader. We are trying to move ahead with achieved by savings in the following petitive will to win. Other times phys- this bill. There are quite a few Sen- areas: The temporary assistance to ical tiredness causes loss of control, ators who have stated their intention needy families, supplemental security and words may be used to demean or to offer amendments. Staff and I have income, and the State children’s health shame with blame. In the quiet of this canvassed a good many of the Members insurance programs. Further, savings moment we ask You to imbue the Sen- in an effort to have them come to the were also achieved by advance funding ators with the controlling conviction floor to take up their amendments. an additional $2.3 billion of education of their accountability to You for what That would help in the disposition of dollars into fiscal year 2002, while is said and done. We ask You to give this bill. We are going to be in session keeping the same overall level of ad- the leaders of both parties the initia- until at least close to noon today. We vances as last year. The actual budget tive to take the first step to break do know that in the early stages of authority in the bill is $97.35 billion, deadlocks and move toward creative bills, there is time for discussion, for the full amount of the subcommittee’s compromises and achieve agreements. allocation under section 302(b) of the Lord God, we need Your healing. debate, and later the time becomes very crowded, time is limited, and Sen- Budget Act. Make us all as willing to receive as Given the subcommittee’s allocation You are to give. Without You, we are ators may be allotted only a few min- utes under time agreements. So now is there were inadequate resources to suf- powerless; with You, nothing is impos- ficiently fund important health, edu- sible. Amen. the time to come to take up the issues. The majority leader has also asked cation and training programs. There- f me to announce that the Senate may fore savings needed to be found in order PLEDGE OF ALLEGIANCE turn to the Department of Defense au- to expand these high priority discre- tionary programs. For example, sav- The Honorable LINCOLN CHAFEE, a thorization bill on Monday. ings were achieved by shifting $1.9 bil- Senator from the State of Rhode Is- f lion in unspent fiscal year 1998 State land, led the Pledge of Allegiance, as RESERVATION OF LEADER TIME Children’s Health Insurance Program follows: (SCHIP) funds into fiscal year 2003. I pledge allegiance to the Flag of the The PRESIDING OFFICER. Under United States of America, and to the Repub- the previous order, the leadership time Currently 38 States and the District of lic for which it stands, one nation under God, is reserved. Columbia have not spent their SCHIP indivisible, with liberty and justice for all. f funds which are due to expire on Sep- f tember 30, 2000. By reappropriating THE DEPARTMENTS OF LABOR, funds, these 38 States and the District RECOGNITION OF THE ACTING HEALTH AND HUMAN SERVICES, of Columbia will have an opportunity MAJORITY LEADER AND EDUCATION, AND RELATED to spend these dollars in future years. The PRESIDING OFFICER (Mr. L. AGENCIES APPROPRIATIONS, 2001 The recommendations made in the CHAFEE). The Senator from Pennsyl- The PRESIDING OFFICER. Under bill both keeps faith with the budget vania. the previous order, the Senate will now agreement and addresses the health,

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

S5713

. S5714 CONGRESSIONAL RECORD — SENATE June 23, 2000 education, employment and training the medically indigent and underserved Assistance Program (LIHEAP). The bill priorities of the Senate. populations in rural and urban areas, also provides an additional $300 million While consistent with the budget the bill contains $1.1 billion for com- in emergency appropriations. LIHEAP agreement, many tough choices had to munity health centers. This amount is a key program for low income fami- be made. Senator HARKIN and I re- represents an increase of $100 million lies in Pennsylvania and cold weather ceived over 1,800 requests from Mem- over the fiscal year 2000 appropriation. states throughout the nation. Funding bers for expanded funding for programs These centers will provide health care supports grants to states to deliver within the subcommittee’s jurisdic- to nearly 11 million low-income pa- critical assistance to low income tion. In order to stay within the alloca- tients, 4.5 million of whom are unin- households to help meet higher energy tion and balance the priorities estab- sured. costs. lished in the budget agreement and ex- Youth Violence Initiative: The bill Aging programs; For programs serv- pressed in Member requests, we had to includes $1.2 billion for programs to as- ing the elderly, the bill before the Sen- take a critical look at all of the pro- sist communities in preventing youth ate recommends $2.4 billion, an in- grams within the bill. I want to take violence. This initiative, begun in fis- crease of $133 million over the fiscal this opportunity to thank the distin- cal year 2000, will continue to address year 2000 appropriation. Included is: guished Senator from Iowa, Mr. HAR- youth violence in a comprehensive way $440.2 million for the community serv- KIN, for his hard work and support in by coordinating programs throughout ice employment program which pro- bringing this bill through the com- the Federal government to improve re- vides part-time employment opportuni- mittee and on to the floor for full con- search, prevention, education and ties for low-income elderly; $325.1 mil- sideration by all Senators. treatment strategies to identify and lion for supportive services and senior The programs funded within the sub- combat youth violence. centers; $521.4 million for congregate committee’s jurisdiction provide re- Drug demand initiative: To curb the and home-delivered nutrition services; sources to improve the public health effects of drug abuse, the bill includes and $187.3 million for the National Sen- and strengthen biomedical research, $3.7 billion for programs to help reduce ior Volunteer Corps. Also, the bill pro- assure a quality education for Amer- the demand for drugs in this country. vides increased funds for research into ica’s children, and offer opportunities Funds have been increased for drug the causes and cures of Alzheimer’s dis- for individuals seeking to improve job education in this Nation’s schools; ease and other aging related disorders; skills. I’d like to mention several im- youth offender drug counseling, edu- funds to continue geriatric education portant accomplishments of this bill. cation and employment programs; and centers; and the Medicare insurance Nothing is more important than a substance abuse research and preven- counseling program. persons health and few things are tion. AIDS: The bill includes $2.5 billion feared more than ill health. Medical re- Women’s health: Again this year, the for AIDS research, prevention and serv- search into understanding, preventing, committee has placed a very high pri- ices. Included in this amount is $1.6 bil- and treating the disorders that afflict ority on women’s health. The bill be- lion for Ryan White programs, an in- men and women in our society is the fore the Senate provides $4.1 billion for crease of $55.4 million; $762.1 million best means we have for protecting our programs specifically addressing the for AIDS prevention programs at the health and combating disease. health needs of women. Included in this Centers for Disease Control; $60 million Since January of 2000, the Labor-HHS amount is $27.4 million for the Public for global and minority AIDS activities Subcommittee has held nine hearings Health Service, Office of Women’s within the Public Health and Social on medical research issues. Health, an increase of $6.1 million over Services Funds; and $85 million for ben- We have heard testimony from NIH last year’s funding level to continue efit payments authorized by the Ricky Institute Directors, medical experts and expand programs to develop model Ray Hemophilia Trust Fund Act. from across the United States, pa- health care services for women, provide Education: To enhance this Nation’s tients, family members, and advocates monies for a comprehensive review of investment in education, the bill be- asking for increased biomedical re- the impact of heart disease on women, fore the Senate contains $40.2 billion in search funding to find the causes and and to launch an osteoporosis public discretionary education funds, an in- cures for diseases Alzheimer’s and Par- education campaign aimed at teen- crease of $4.6 billion over last year’s kinson’s disease, ALS, AIDS, cancer, agers. Also included is $253.9 million funding level, and $100 million more diabetes, heart disease, and many other for family planning programs; $169 mil- than the President’s budget request. serious health disorders. We have also lion to support the programs that pro- Education for disadvantaged chil- heard from advocates on both sides of vide assistance to women who have dren: For programs to educate dis- the stem cell debate. The bill before been victims of abuse and to initiate advantaged children, the bill rec- the Senate contains $20.5 billion for the and expand domestic violence preven- ommends $8.9 billion, an increase of National Institutes of Health, the tion programs to begin; $149.9 million $177.8 million over last year’s level. crown jewel of the Federal government. for sexually transmitted diseases; These funds will provide services to ap- The $2.7 billion increase over the fiscal $177.5 million for breast and cervical proximately 13 million school children. year 2000 appropriation will support cancer screening; and $2.7 billion for re- The bill also includes $185 million for medical research that is being con- search directed at women at the Na- the Even Start program, an increase of ducted at institutions throughout the tional Institutes of Health. $35 million over the 2000 appropriation. country. This increase will continue Medical error reduction: The Labor- Even Start provides education services the effort to double NIH by fiscal year HHS Subcommittee held several hear- to low-income children and their fami- 2003. These funds will be critical in ings to explore the factors leading to lies. catalyzing scientific discoveries that medical errors and received testimony Title VI block grant: For the Innova- will lead to new treatments and cures from family members and patients de- tive education program strategies for a whole host of diseases. tailing their experiences with medical State grant program, the bill contains Head Start: To enable all children to mistakes. The Institute of Medicine $3.1 billion, an increase of $2.7 billion develop and function at their highest also gave testimony and outlined find- over fiscal year 2000. Within this potential, the bill includes $6.2 billion ings from their recent report which in- amount, $2.7 billion is to be used to as- for the Head Start program, an in- dicated that 98,000 deaths occur each sist local educational agencies, as part crease of $1 billion over last year’s ap- year because of medical errors. The bill of their locally developed strategies, to propriation. This increase will provide before the Senate contains $50 million improve academic achievement of stu- services to an additional 60,000 children to determine ways to reduce medical dents. Funds may be used to address bringing the total amount of kids errors and also recommends that guide- the shortage of highly qualified teach- served in fiscal year 2001 to 936,000. lines be developed to collect data re- ers, reduce class size, particularly in This increase will put us on track to lated to patient safety, best practices the early grades, or for renovation and enroll one million children in Head to reduce error rates and ways to im- construction of school facilities. How Start by the year 2002. prove provider training. the funds shall be spent is at the sole Community health centers: To help LIHEAP: The bill maintains $1.1 bil- discretion of the local educational provide primary health care services to lion for the Low Income Home Energy agency. June 23, 2000 CONGRESSIONAL RECORD — SENATE S5715 Impact aid: For impact aid programs, $19.2 million for Job Corps operations; The amendment is as follows: the bill includes $1.030 billion, an in- $950 million for Adult training; and $1.6 On page 23, line 23, strike ‘‘4,522,424,000’’ crease of $123.5 million over the 2000 ap- billion for retraining dislocated work- and replace with ‘‘4,572,424,000’’. propriation. Included in the rec- ers. Also includes is $20 million for a On page 92, between lines 4 and 5, insert ommendation is: $50 million for pay- new program to upgrade worker skills. the following: SEC. . Amounts made available under this ments for children with disabilities; These funds will help improve job Act for the administrative and related ex- $818 million for basic support pay- skills and readjustment services for penses for departmental management for the ments, an increase of $80.8 million; $82 disadvantaged youth and adults. Department of Labor, the Department of million for heavily impacted districts; Workplace safety: The bill provides Health and Human Services, and the Depart- $25 million for construction and $47 $1.3 billion for worker protection pro- ment of Education shall be reduced on a pro million for payments for Federal prop- grams, an increase of $90 million above rata basis by $50,000,000. erty. the 2000 appropriation. While progress Mr. BOND. Mr. President, I rise to Bilingual education: The bill pro- has been made in this area, there are offer what I think is a very important vides $443 million to assist in the edu- still far too many work-related injuries amendment to increase the funding cation of immigrant and limited- and illnesses. The funds provided will this bill provides for a vital piece of English proficient students. This rec- continue the programs that inspect our Nation’s health care system—our ommendation is an increase of $37 mil- business and industry, assist employers community health centers. lion over the 2000 appropriation and in weeding out occupational hazards This amendment, which I am very will provide instructional services to and protect workers’ pay and pensions. pleased to offer in conjunction with my approximately 1.3 million children. There are many other notable accom- colleague, Senator HOLLINGS of South Special education: One of the largest plishments in this bill, but for the sake Carolina, who has been a long-time increases recommended in this bill is of time, I mentioned just several of the supporter of community health cen- the $1.3 billion for special education key highlights, so that the Nation may ters—as was the late Senator from programs. The $7.1 billion provided will grasp the scope and importance of this Rhode Island, the father of the distin- help local educational agencies meet bill. guished occupant of the chair, who was the requirement that all children with In closing, Mr. President, I again a great champion of community health disabilities have access to a free, ap- want to thank Senator HARKIN and his centers—along with a total of 58 co- propriate public education, and all in- staff and the other Senators on the sponsors, would increase funding for fants and toddlers with disabilities subcommittee for their cooperation in community health centers by a total of have access to early intervention serv- a very tough budget year. $50 million for this coming year. That ices. These funds will serve an esti- The PRESIDING OFFICER. Under is a $50 million increase over that mated 6.4 million children age 3–21, at the previous order, the Senator from which is already included. The offset a cost of $984 per child. While also sup- Missouri, Mr. BOND, is recognized to we use to fund this health center in- porting 580,500 preschoolers at a cost of call up an amendment regarding com- crease is a reduction in the depart- $672 per child. munity health centers. mental management fund for the De- TRIO: To improve post-secondary Mr. BOND. Mr. President, there is partments of Labor, Health and Human education opportunities for low-income another pending amendment; is that Services, and Education. first-generation college students, the correct? The managers of this bill, Senators committee recommendation provides The PRESIDING OFFICER. The Sen- SPECTER and HARKIN, clearly had a $736.5 million for the TRIO program, a ator is correct. very difficult task in crafting this bill. $91.5 million increase over the 2000 ap- Mr. BOND. I ask unanimous consent There is a lot of money in it, but there propriation. These additional funds that the amendment be set aside. are even more demands and requests will assist in more intensive outreach The PRESIDING OFFICER. Without for good things that this bill does. And and support services for low income objection, it is so ordered. they have to compete for the funds youth. AMENDMENT NO. 3602 that, although they are significant, are Student aid: For student aid pro- (Purpose: To increase funding for the still limited. grams, the bill provides $10.6 billion, an consolidated health centers) Despite the competing demands, the increase of $1.3 billion over last year’s Mr. BOND. Mr. President, amend- underlying bill has a $100 million in- amount. Pell grants, the cornerstone of ment No. 3602 is at the desk. I ask that crease for community health centers. I student financial aid, have been in- it be called up for immediate consider- sincerely commend the chairman and creased by $350 for a maximum grant of ation. the ranking member for their efforts to $3,650. The supplemental educational The PRESIDING OFFICER. The include this very needed increase in the opportunity grants program has also clerk will report the amendment. funding for the CHCs. At the same been increased by $70 million, the work The legislative clerk read as follows: time, I believe very strongly that add- study program was increased by $77 The Senator from Missouri [Mr. BOND], for ing an additional $50 million for health million and the Perkins loans pro- himself, Mr. HOLLINGS, Mr. COCHRAN, Mr. center funding is crucial to ensure that grams is increased by $30 million. DASCHLE, Mr. HUTCHINSON, Mr. KENNEDY, Mr. these vital health care providers have 21st Century Community Learning DEWINE, Mrs. LINCOLN, Mr. ABRAHAM, Mr. sufficient resources behind them to do AKAKA, Mr. ASHCROFT, Mr. BAUCUS, Mr. Centers: For the 21st Century After everything they can to provide for the BINGAMAN, Mrs. BOXER, Mr. BREAUX, Mr. School program, the bill provides $600 BRYAN, Mr. BURNS, Mr. CAMPBELL, Mr. L. uninsured and medically underserved million, an increase of $146.6 million CHAFEE, Mr. CLELAND, Ms. COLLINS, Mr. Americans. over last year’s level. This program CRAIG, Mr. CRAPO, Mr. DODD, Mr. DORGAN, All of us who have talked about supports rural and inner-city public el- Mr. DURBIN, Mr. EDWARDS, Mr. ENZI, Mr. health care know that the lack of ac- ementary and secondary schools that FEINGOLD, Mrs. FEINSTEIN, Mr. FRIST, Mr. cess to care is perhaps the largest sin- provide extended learning opportuni- GRAMS, Mr. INOUYE, Mr. JEFFORDS, Mr. JOHN- gle health care problem that faces our ties and offer recreational, health, and SON, Mr. KERRY, Mr. KOHL, Ms. LANDRIEU, Nation today. other social services programs. The bill Mr. LEAHY, Mr. LEVIN, Mr. LUGAR, Mr. MUR- Part of this problem is a lack of KOWSKI, Mrs. MURRAY, Mr. ROBB, Mr. ROCKE- also includes language to permit funds health insurance. About 44 million FELLER, Mr. SANTORUM, Mr. SMITH of Oregon, to be provided to community-based or- Ms. SNOWE, Mr. WARNER, Mr. WELLSTONE, Americans are not covered by any type ganizations. Mr. WYDEN, Mr. SCHUMER, Mr. LAUTENBERG, of health plan. But an equally serious Job training: In this Nation, we know Mr. BAYH, Mr. GRASSLEY, Mr. SARBANES, Mr. part of the problem is that many peo- all too well that unemployment wastes ROTH, Mr. HATCH, and Mr. CONRAD, proposes ple are simply unable to get access to valuable human talent and potential, an amendment numbered 3602. a health care provider. Even if they and ultimately weakens our economy. Mr. BOND. Mr. President, I ask unan- have insurance, a young couple with a The bill before us today provides $5.4 imous consent that further reading of sick child is out of luck if they can’t billion for job training programs, $16.7 the amendment be dispensed with. get in to see a pediatrician or other million over the 2000 level. Also in- The PRESIDING OFFICER. Without health care provider. In too many cluded is $652.4 million, an increase of objection, it is so ordered. urban and rural communities around S5716 CONGRESSIONAL RECORD — SENATE June 23, 2000 the country, there just are not enough even more uninsured and underserved medically underserved communities, doctors to go around. Americans. which means places where people have I urge my colleagues, if they have Just for the technical background, serious problems getting access to not done what I have done—and that is, health centers are private not-for-prof- health care. So health centers attack to visit community health centers in it clinics that provide primary care, the problem right at its source—in the their States—that they do so. You will preventive health care services in thou- communities where those people live. be amazed and you will be very uplifted sands of medically underserved urban Health centers are relatively cheap. to see the work that is going on each and rural communities around the Health centers can provide primary and every day in these community country. Partially with the help of and preventive care for one person for health centers. Federal grants, health care centers less than $1 a day, $350 a year. That has Community health centers in a cen- provide basic care for about 11 million to be one of the best health care bar- ter city, in the poorest neighborhoods, people every year, 4 million of whom gains around. are reaching out and helping every- are uninsured. Health centers provide This proposal is not a Government one—from the very young to the teen- care for 7 million people who are mi- takeover of health care. Admittedly, age mother perhaps with a child, or a norities, 600,000 farm workers, close to this amendment calls for more Govern- teenager who is expecting a child, to 1 out of every 20 Americans, 1 out of ment spending, but unlike most other the very elderly, who have difficulty every 12 rural residents, 1 out of every health care proposals, this funding getting around. 6 low-income children, and 1 out of would not go to create or expand a We see the same thing in rural areas, every 5 babies born to low-income fam- huge health care bureaucracy. This in some of the communities that are ilies. amendment would invest additional the hardest to access in our State. Despite this great work, there are funds into private organizations which There are community health centers millions of Americans who still cannot have consistently proven themselves to with dedicated physicians and nurses get access to health care. The demand be efficient, high quality, cost-effective and health care professionals who are for the type of care these centers pro- health care providers. there to answer the health care needs vide simply exceeds the resources If this amendment succeeds, it will of people who would have no chance of available. Today we can help change mean an overall increase in health cen- getting service were it not for the this. There are as many as 44 million ter funding of $150 million. That level health centers. who are not covered by a health plan. of increase will put us on a path to These community health centers are We are covering about 11 million. We double health center funding over 5 truly the safety net of our health care need to do something to make sure we years. As my colleagues know, this system. For all of my colleagues, I serve those additional people. We are same goal, doubling funding over 5 trust they do know about these cen- building on a program that has proven years, is what we challenge ourselves ters, but for other concerned citizens itself to be effective. to provide to the National Institutes of who may be watching, I suggest they This is probably the best health care Health. Through these increased funds find out about the community health bargain we can get because these not- to health centers, we continue our sup- centers in their area. What are they for-profit centers leverage the Federal port for the good work that goes on in doing; are they serving people in need? dollars that go into them. They collect health centers. As in NIH, we have in- I can tell my colleagues, based on the insurance from those who are insured. creased funding for biomedical re- experience in my State, they are deliv- They can collect Medicare or Medicaid. search that produces medical innova- ering the service to people who other- They are a vehicle for providing the tions and develops ways to save, im- wise would not be served, were it not service. The average cost per patient prove, and prolong people’s lives. I for these CHCs. served by a community health center have supported those efforts. In fact, We all know there are problems with in my State is something like $350 a the underlying bill contains funding in- access to health care. There are many year. That is how much it costs them creases for NIH that will keep us on good ideas on additional steps we need because of the other reimbursements the track for doubling NIH funding to take. Some people want nationalized and because of the efficiencies and over 5 years for this, the third straight health care. Other people want new tax economies of scale. That is less than $1 year. credits, subsidized health insurance. a day. Not too many plans can provide But as we expand the envelope for Others want to expand governmental so much bang for the buck, so much what is possible in the world of health health programs. Some people want to important delivery of health care serv- care, we must also ensure that more enhance insurance pooling arrange- ice. This is probably the first priority Americans have access to the most ments. All of these have been proposed of all the health care problems we are basic level of primary care services, in- in an effort to make sure people have facing, and there are many. We can do cluding regular checkups, immuniza- the health coverage and can get the something that will have a real impact tions, and prenatal care. If we are not care they need. As different and as di- on access to care and the uninsured. It reaching some Americans, it doesn’t verse and as creative as many of these is the best thing we can do to expand matter how much we put into health ideas are, they all have one thing in that safety net and pursue the search care research. It doesn’t matter how common: They are not going to be for better health care. many innovations we come up with. It passed into law this year. All these There are a couple of key reasons doesn’t matter how many new drugs or wonderful ideas are going to come to- why community health centers are so new procedures or new techniques we gether. They are going to clash. We important. No. 1, these dollars build on develop. If they don’t have access to will look at them and talk about them, an existing program that produces re- the basic health care system, it is not and we are going to refine them and sults. Unlike many other health care going to help them at all. argue about them and go down dif- proposals that suggest radically new That is why I believe it is so impor- ferent roads. They are not going to and untested ideas, health centers are tant to set the same noble goal we have pass this year. The breadth of the dis- known entities. They do an out- set for research, doubling funding over agreement over these policy issues and standing job. They are known, re- 5 years, and adopt it for community the political complications of an elec- spected, and trusted in their commu- health centers as well. There is wide- tion year make it totally unlikely that nities. spread bipartisan support for both this Congress will bring any of these new Numerous independent studies, in ad- 5-year plan as well as for the first-year ideas to reality. dition to the observations of those of installment. Nineteen of my Senate There is one thing we can still do us who have traveled around to visit colleagues cosponsored what I called this year, something we can pass into them, confirm that community health the REACH initiative—a resolution law that will make a big difference for centers provide high quality care in an calling on Congress to double health many people who lack access to health efficient and cost-effective manner. center funding over 5 years. care. What we can do is dramatically Health centers truly target the health This resolution has since been made increase funding for community health care access problem. By definition, part of the congressional budget reso- centers and help them reach out to health centers must be located in lution that establishes our tax and June 23, 2000 CONGRESSIONAL RECORD — SENATE S5717 spending goals and priorities. Sixty- President, which I thought came better In my own home state of Ohio, the seven Senators joined in my initial re- from the ranking member in the same Third Street Community Clinic in quest for the 1-year funding increase of party as the President. I made the Mansfield and the Neighborhood Fam- $150 million. This amendment, which point yesterday—and I think it is ily Practice in Cleveland, for example, makes this 1-year increase a reality, worth repeating today—about the pri- are just two of the 69 Community has 57 cosponsors. orities established by Members of Con- Health Centers that serve more than I am pleased to say that Gov. George gress. We have contacts that the Presi- 200,000 Ohioans each year. In just the W. Bush has publicly announced his dent does not have. There are 535 of us first three months of this year, Ohio’s support for funding increases for com- who fan out across America. Most of Community Health Centers medically munity health centers comparable to the Senators have fanned out already treated more than 29,000 uninsured peo- what this amendment would provide. today, going back to their States to as- ple, of whom more than 31 percent— I thank my colleagues who have sess local needs. nearly one-third—were children under joined in these efforts for their sup- The Constitution gives the Senate 18 years of age. port. I urge all of my Senate colleagues the authority for appropriations. Bills These health centers provide critical to support this amendment. A dra- have to be signed by the President. But health services to those who would oth- matic increase in community health what Senator BOND has done is a good erwise not have access to health care center funding is one of the first and illustration of getting a broad con- providers. The centers offer prenatal most important things Congress can do sensus. That makes an impact upon the care to uninsured or under-insured this year to truly help the uninsured subcommittee when we look at our pri- pregnant moms, and by doing so, are and medically underserved Americans. orities. If 67 Senators sign a letter and working to prevent undue adverse risks Let us not waste the opportunity to 58 sign on as cosponsors, you wonder to the health of unborn babies. The make it happen. what happened to the other 9 in the in- health centers also provide immuniza- I express my thanks to the chairman terim. That is a very strong showing, tions so that young children can con- and ranking member of the committee. and we intend to make that point when tinue to be healthy, even those that The PRESIDING OFFICER (Mr. GOR- we do our best to honor the full $150 live in medically underserved urban or TON). The Senator from Pennsylvania million increase and as we move down rural areas. is recognized. to have an assessment of our priorities And, in practical terms, by providing Mr. SPECTER. Mr. President, I com- versus the President’s priorities. these and other types of primary and pliment our distinguished colleague Speaking for the majority, we are preventive care, Community Health from Missouri for offering this amend- prepared to accept the amendment. Centers save Medicare and Medicaid ment and for his steadfast support over Mr. BOND. Mr. President, I thank my dollars, because these services signifi- the years. I compliment my distin- distinguished friend from Pennsyl- cantly reduce the need for hospital vania, the chairman of the committee. guished colleague, Senator BOND, for stays and emergency room visits. If he really wants us to get the rest of The value of Community Health Cen- his continued support for community the 67, we will be happy to go about it. ters should not be underestimated—nor health centers. This has been a matter But I found the chairman and the rank- should they be underfunded. The chal- he has taken a special interest in and ing member so responsive to my per- lenge we face today is that we have to he has organized enormous support, suasive arguments that I didn’t think make sure funding keeps pace with the with a letter having 67 signatories, 58 they needed any more weight on this. I growing numbers of Americans who cosponsors, and reflecting a very broad sincerely appreciate the willingness of will be in need of the health care serv- consensus as to the importance of this the chairman to accept this. ices provided by these centers. To keep program. Mr. DEWINE. Mr. President, I rise pace with this rapid growth, the over- The program would add in the cur- today to express my support for in- all budget for Community Health Cen- rent fiscal year $1.187 billion for com- creased funding for Community Health ters will need to increase from $1 bil- munity health centers. The Appropria- Centers. These health centers offer lion to $2 billion by Fiscal Year 2005. tions Committee has increased funding much-needed primary and preventative This $1 billion increase would enable by $100 million over fiscal year 2000. health care services to hundreds of the health centers to provide care to an Senator BOND now wants an additional medically underserved urban and rural additional six to ten million people. $50 million, with an offset from admin- communities across our country. Because of the pressing need to in- istrative expenses pro rata among the Currently, the Labor, Health and crease funding, I am also a cosponsor of three Departments. Education Appropriations bill before us Senator BOND’s REACH Initiative, We are prepared to accept Senator would provide $100 million in Budget which is the ‘‘Resolution to Expand Ac- BOND’s amendment. This is always a Year 2001 for these health centers. The cess to Community Health Care.’’ This matter of finding enough money and amendment I have cosponsored with important Initiative would double the adjusting the priorities. There is no Senator BOND and Senator HOLLINGS federal contribution for Community one among the 100 Senators who knows would provide an additional $50 mil- Health Centers over the next five that better than Senator BOND, because lion, bringing the total investment to years. And, the Bond/Hollings amend- he chairs the Appropriations Sub- $150 million. This amendment, Mr. ment to the Labor, Health, and Edu- committee on VA, HUD, and Inde- President, is very important. It de- cation Appropriations bill before us pendent Agencies. I think his sub- serves the Senate’s support. There are now would keep us on track of meeting committee and this subcommittee have millions of Americans who rely on this five-year plan by increasing this the toughest job in funding matters. Community Health Centers for their year’s $100 million allocation to $150 But we agree there ought to be more health care needs. We have an obliga- million. money in community health centers to tion to ensure that those necessary I commend my colleagues from Mis- serve people in both rural and urban services are not interrupted due to a souri and South Carolina for their areas who are disadvantaged and do lack of sufficient federal funds. amendment and for their tireless com- not have access to primary health care. The value of the services provided by mitment to Community Health Cen- There is nothing more important these health centers becomes quite ap- ters. I urge the rest of my colleagues to than health, so we are going to accept parent when you consider that right support this important amendment. the amendment. When we come to con- now there are at least 44 million unin- Mr. HOLLINGS. Mr. President, It has ference, we may have to modify the off- sured people in our nation; and of those been over 30 years since I set off on my set as to the administrative cost, but 44 million people, Mr. President, 4 mil- hunger tour of South Carolina, where I we will do our very best to maintain lion of them receive health services observed first-hand the shocking condi- the funding in this important item. from Community Health Centers. When tion of health care and nutritional hab- One other comment. I commented you combine the uninsured with the its in rural parts of my state. The good yesterday that the President had under-insured, that total rises to 10 news is, we have come a long way since issued a veto threat after the sub- million—yes, Mr. President—10 million then. The bad news is, there is still committee reported out a bill, and Sen- patients who look to these centers for much work to be done. Like the ‘‘hun- ator HARKIN had some words for the health care. ger myopia’’ I described in my book S5718 CONGRESSIONAL RECORD — SENATE June 23, 2000 The Case Against Hunger, we suffer The value of community health cen- building on a program with a record of today from a sort of ‘‘health care myo- ters can be measured in two other sig- positive, fiscally responsible results? pia’’, a condition in which a booming nificant ways. First of all, the centers’ Everyone can benefit and take pride in economy and low unemployment rates focus on wellness and prevention, serv- such a worthwhile investment. mask a reality—that many Americans ices largely unavailable to uninsured Mr. KENNEDY. Mr. President, it is a eke out a living in society’s margins, people, will lead to savings in treat- privilege to be a sponsor of this impor- and most of them lack health insur- ment down the road. And secondly, tant amendment to increase funding ance. Ironically, as the stock market health centers foster growth and devel- for community health centers. Each soars, so do the numbers of uninsured opment in their communities, shoring year, these centers provide quality in our country, at a rate of more than up the very people they serve. They health care to 11 million Americans in 100,000 each month; 53 million Ameri- generate over $14 billion in annual eco- 3,000 rural and inner-city communities cans are expected to be uninsured by nomic activity in some of the nation’s in all 50 states, including 4.5 million 2007. most economically-depressed areas, people who are uninsured. As the num- The health care debate swirls around employing 50,000 people and training ber of uninsured Americans across the us, reaching fever pitch in Congress, thousands of health professionals and country continues to grow, the need for where I have faith that we will soon volunteers. the services is especially great. reach an agreement on expanding cov- It should also be noted that commu- Community health centers recently erage and other important issues. How- nity health centers are just that—com- touched Juan Ramon Centeno’s life in ever, I see a need to immediately ad- munity-based. They are not cookie cut- Worcester, Massachusetts. Mr. Centeno dress the health care concerns of these ter programs spun from the federal was 54 years old when a bilingual nurse left-behind and sometimes forgotten government wheel, but area-specific, working with Great Brook Valley citizens. They cannot and should not locally-managed centers tailored to the Health Center arrived at the public have to wait for Congress to hammer unique needs of a community. They are housing project where he lived to con- out health care reform in order to re- governed by consumer boards composed duct health screenings. Mr. Centeno ceive the medical care so many of us of patients who utilize the center’s felt ill, but because he did not have in- take for granted. That’s why I am services, as well as local business, civic surance or resources for medical care, sponsoring, along with Senator BOND, and community leaders. In fact, it is he had not sought care. The nurse this amendment to provide an addi- stipulated that center clients make up found that his blood pressure was high, tional $50 million for health centers in at least 51% of board membership. This he had risk factors for diabetes, and this bill. Fifty-seven cosponsors have set-up not only ensures accountability joined us in working toward our objec- had not received preventive health care to the local community and taxpayers, tive. I would like to thank sub- for many years. but keeps a constant check on each Health center physicians promptly committee chairman Sen. SPECTER and center’s effectiveness in addressing examined Mr. Centeno and found him ranking member Sen. HARKIN for their community needs. at high risk for a cardiovascular acci- advocacy on behalf of community In South Carolina, community health dent. This timely intervention enabled health centers. I look forward to work- centers have a long history of meeting ing with them as the bill moves to con- Mr. Centeno to receive good health the care requirements of the areas they ference so that we may ensure health care and to be placed on medication serve. The Beaufort-Jasper Comprehen- centers across the nation receive the through the health center pharmacy, sive Health Center in Ridgeland, the support they deserve. which enables patients to obtain pre- While ideas about health care have Franklin C. Fetter Family Health Cen- scription drugs at the reduced prices changed dramatically, community ter in Charleston, and Family Health available under Medicaid. health centers have remained steadfast Centers, Inc. in Orangeburg were Day in and day out, community in their mission, quietly serving their among the first community health cen- health centers are providing life-saving communities and doing a tremendous ters established in the nation. The services like these. Yet too often, the job. Last year, community health cen- Beaufort-Jasper Center was very inno- centers are struggling to obtain the re- ters served 11 million Americans in de- vative for its day, in the late 1960s, sources they need. In Massachusetts, crepit inner-city neighborhoods as well tackling not only health care needs, over a dozen community health centers as remote rural areas, 4.5 million of but related needs for clean water, in- currently face severe financial difficul- which were uninsured. It’s no wonder door toilets and other sanitary serv- ties. Congress cut Medicare reimburse- these centers have won across-the- ices. Today, the number of South Caro- ment rates for the centers in 1997, in board, bipartisan support. They have a lina health centers has grown to 15. spite of the fact that the number of proven track record of providing no- They currently provide more than people eligible for their services con- nonsense, preventive and primary med- 167,000 people, 38% of which are unin- tinues to rise. The result for many ical services at rock-bottom costs. sured, with a wide range of primary health centers has been bankruptcy, They’re the value retailers of the care services. Yet despite the success low morale among the health care pro- health care industry, if you will, treat- story, a need to throw a wider net is fessionals who are dedicated to serving ing a patient at a cost of less than $1.00 obvious. Of the 3.8 million South Caro- the poor, and great concern in the com- per day, or about $350 annually. linians, nearly 600,000 have no form of munities that this needed access to Let me emphasize that this measure health insurance. That means roughly health care will be lost. It is unaccept- is a cost-saving investment, not an in- 15% of the state population is unin- able for Congress to permit health cen- crease in spending. Not only are these sured. Another 600,000 residents are ters that have proved so effective for so centers providing care at low costs, but ‘‘underinsured,’’ meaning that they do many years to suffer such severe finan- they are saving precious health care not receive comprehensive health care cial difficulties, particularly in this dollars. An increased investment in coverage from their insurance plans time of prosperity. health centers will mean fewer unin- and must pay out-of-pocket for a num- The Senate made a wise commitment sured patients are forced to make cost- ber of specialty services, procedures, to double the funding over the next five ly emergency room visits to receive tests and medications. years for medical research at the Na- basic care and fewer will utilize hos- South Carolina’s statistics are mir- tional Institutes of Health, and it has pitals’ specialty and inpatient care re- rored nationwide. The swelling ranks kept that commitment. By making a sources. As a consequence, a major fi- of the uninsured are outgrowing our similar commitment to double the nancial burden is lifted from tradi- present network of community health funding for community health cen- tional hospitals and government and centers. Adopting this amendment will ters—ten percent of the cost of the private health plans. Every federal ensure the reach of community health commitment we made to medical re- grant dollar invested in health centers centers expands to meet increasing de- search—we can ensure that the benefits saves $7 for Medicare, Medicaid and mand. It is our responsibility to con- of modern medicine will remain avail- private insurance: $6 from lower use of tinue providing our neediest citizens able to millions of low-income working specialty and inpatient care and $1 with a basic health care safety net. families. The Senate is at its best when from reduced emergency room visits. What better way to do that than by it approves amendments like this one June 23, 2000 CONGRESSIONAL RECORD — SENATE S5719 on a bipartisan basis. I intend to do all The PRESIDING OFFICER. The gram to include a prescription drug I can to see that this year’s final ap- clerk will call the roll. benefit. I hear about this issue back in propriations bill, and future appropria- The legislative clerk proceeded to Rhode Island more than any other tions bills, maintain our commitment call the roll. issue. The senior population in Rhode to the extraordinary work of the na- Mr. L. CHAFEE. Mr. President, I ask Island is the second largest in the Na- tion’s community health centers. unanimous consent that the order for tion—second only to Florida. The sen- The PRESIDING OFFICER. The Sen- the quorum call be rescinded. iors in my State constantly approach ator from Iowa is recognized. The PRESIDING OFFICER. Without me about the high cost of their pre- Mr. HARKIN. Mr. President, this side objection, it is so ordered. scription drug bills. I expect most of us has no objection to the amendment. In Mr. L. CHAFEE. Mr. President, I ask hear more about this issue from our fact, we wholeheartedly support the unanimous consent to speak as in constituents than any other. amendment. I compliment the Senator morning business. However, filing procedural motions from Missouri for his leadership, and I The PRESIDING OFFICER. Without that are doomed to failure is not the also compliment Senator HOLLINGS on objection, it is so ordered. way to achieve this important goal. I this issue. f am afraid that some on the opposite Community health centers are really side of the aisle aren’t really interested the last sort of backstop for so many THE MEDICARE OUTPATIENT DRUG ACT in passing a Medicare prescription drug people in this country who don’t have bill this year—they would rather that health insurance—44 million people in Mr. L. CHAFEE. Mr. President, as we do nothing and use this issue to try America don’t have health insurance. many of you know, I joined Senators to defeat some of us in the fall. Mainly, these are the ones who, right GRAHAM, ROBB, BRYAN, and others in Let’s not hold the 39 million Medi- now, for their health needs really need introducing S. 2758, the Medicare Out- care recipients in this country hostage the community health centers. We patient Drug Act of 2000 this past Tues- to partisan politics. have about seven in our State of Iowa. day. I believe the legislation I introduced We are opening another one this sum- While I strongly support S. 2758 and with Senators GRAHAM, ROBB, BRYAN, mer. About 66,000 people are served per urge my colleagues to support it, I was and others is one of the most respon- year in the State of Iowa by our com- very troubled by the process in this sible and comprehensive drug bills in munity health centers. Chamber last night. We talk a good Congress. And, more important, it The really good thing—and the Sen- game about wanting to pass legislation would help relieve seniors of the grow- ator from Missouri knows it—about on a bipartisan basis. In fact, at a Cen- ing burden of high prescription drug community health centers is they are trist Coalition meeting earlier this bills. engaged in preventive health care, week, many Senators from both sides However, while I support this legisla- keeping people healthy in the first of the aisle—led by the minority lead- tion and regretfully voted in support of place, not just coming in when they are er—were talking about how the two the Robb amendment last night be- sick. They do a lot of outreach work parties should be working together to cause I am committed to passing a with low-income people. They help produce a prescription drug bill for our good prescription drug bill to help our with their diets, lifestyles, and with Nation’s seniors. Nation’s seniors, I do not believe the the medicines they need to keep them However, the prescription drug exercise last night was constructive. healthy. That is one of the great serv- amendment that we debated and voted Sadly, it was quite the opposite. ices they provide. on last night proved otherwise. It sug- I thank the Chair. We increased the funding for commu- gested that all the talk about biparti- Mr. DORGAN. Mr. President, I sug- nity health centers over last year by sanship is merely a facade. It was clear gest the absence of a quorum. $100 million. This would add another from the procedural wrangling that led The PRESIDING OFFICER. The $50 million on to it. The need is actu- to the vote on the Robb amendment clerk will call the roll. ally even more than that, but as the that there is no intention by the Demo- The assistant legislative clerk pro- Senator from Missouri knows, we have cratic leadership to work together to ceeded to call the roll. all these things we need to balance in fashion a bipartisan compromise on a Mr. HARKIN. Mr. President, I ask the bill. This is a welcome addition to Medicare prescription drug bill. unanimous consent that the order for our community health centers. In fact, it is my understanding that the quorum call be rescinded. Again, I compliment the Senator minority leader told others not to let The PRESIDING OFFICER. Without from Missouri for his leadership. We me—one of the author’s of this bill— objection, it is so ordered. happily accept the amendment. know about this motion ahead of time. The PRESIDING OFFICER. Is there f That doesn’t sound very bipartisan to further debate on the amendment? me. THE DEPARTMENTS OF LABOR, The question is on agreeing to the Sadly, the amendment last night HEALTH, AND HUMAN SERVICES amendment. really undermines our ability to work AND RELATED AGENCIES APPRO- The amendment (No. 3602) was agreed PRIATIONS, 2001—Continued to. toward a compromise to add a prescrip- Mr. BOND. Mr. President, I move to tion drug benefit to Medicare. If we The PRESIDING OFFICER. The Sen- reconsider the vote. were really interested in producing a ator from North Dakota. Mr. HARKIN. I move to lay that mo- bipartisan bill that could be signed Mr. DORGAN. Mr. President, I am tion on the table. into law, we would be working together going to be offering an amendment to The motion to lay on the table was on a proposal rather than filing mo- the pending appropriations bill that I agreed to. tions such as the one last night, which want to talk about this morning. Mr. HARKIN. Mr. President, I will was destined to go down to partisan de- I commend the chairman, Senator soon suggest the absence of a quorum. feat. SPECTER, and the ranking member, I want Senators to know that we are I had high hopes when I stood with Senator HARKIN, for their work to in- open for business and for taking Senators GRAHAM, ROBB, BRYAN, and crease funding for the National Insti- amendments. Senator SPECTER and I others on Tuesday and we announced tutes of Health. As all of us know, Con- are willing to sit here and take amend- the introduction of our Medicare Out- gress is on track toward doubling the ments this morning. If Senators have patient Drug Act. I had hopes that we funding for important health research amendments and they are around, would be able to work this bill through and investigation through the NIH. please come. As you can see, the floor the legislative process, give this bill an That is critically important to this is wide open. You won’t have a waiting airing at the Finance Committee, and country. line and you can speak for as long as work with Republicans and Democrats I am one of those who has been sup- you want. This is the time to come and alike to fine-tune it into a product that portive of doubling the funding for the offer amendments on this bill. the President could sign into law. National Institutes of Health. The NIH With that, I suggest the absence of a I think most of us here would agree is trying to unlock the mystery of quorum. it is time to update the Medicare pro- many of the diseases that ravage the S5720 CONGRESSIONAL RECORD — SENATE June 23, 2000 bodies of people who are suffering from that: 200 times more powerful than This pie graph here shows what hap- Parkinson’s disease, cancer, heart dis- morphine and not addictive. pens as a result of this imbalance. As ease, and so many other diseases that There is another frog which is very you can see, three States get 35 percent afflict the American people and people rare that has a toxin on its skin that is of all of the medical research funds around the globe. The type of research so deadly that a drop of it on the skin provided by the NIH. Institutions in that is taking place at the National In- of a human being causes the heart to three States get over a third of all the stitutes of Health is exciting and vi- stop. Federal dollars on medical research. In brant and paying big dividends. The scientists asked the question: If fact, one state alone received 15 per- I thought I would mention, as I start, there is something this powerful that cent of total NIH funds. something I saw one day at the NIH it causes a human heart to stop, can we This little white slice shown on the called the healing garden. This was an unleash the power of that toxin to do chart represents 21 States that share exhibit out at the NIH campus where something positive? only 3 percent of the research. they had a series of plants growing in That is the kind of evaluation and Why does that matter? If you live in this aquarium-like device called the study that is occurring at the NIH rou- one of these States, and you have Par- healing garden. I asked the folks at tinely. kinson’s disease, or you have breast NIH for an explanation, and they told As we double the funding for the Na- cancer, or you have any one of a num- tional Institutes of Health, there are me about it. ber of very serious health problems, They said a lot of people think mod- all of these wonderful scientists and re- and you want to participate in the cut- ern medicines, especially the medicines searchers doing this massive amount of ting-edge medical research conducted that are developed through research at research—research to decode the by the NIH through one of its grantees, human genome, research to grow new NIH to respond to the challenges of you may well have to travel hundreds heart valves around parts of the heart treating diseases, come from chemi- and hundreds or perhaps thousands of muscle that are clogged, deep brain re- cals. But they told me that a lot of miles to avail yourself of the clinical search to uncover the secrets of Par- medicines come from natural sub- trials. kinson’s disease. Second, there are wonderful institu- stances we find all over the Earth. As all of this research occurs through tions in the middle part of America They were displaying some of those the doubling of funding at NIH, we substances in this healing garden. that have the capability to provide should say thanks to Senator HARKIN I want to describe a couple of the unique and beneficial research on a and Senator SPECTER for their leader- range of issues ranging from cancer, to things they were displaying because it ship and commitment over several is interesting. NIH is gathering from years to move this Congress to invest heart disease, to diabetes, and more around the world 50,000 to 60,000 dif- in these efforts that are so important through the funds we are providing at ferent species of plants, shrubs, and to this country’s future. NIH. But they do not get the oppor- trees and testing and evaluating what Now, let me go from that compliment tunity because the system is stacked kind of properties they have to heal to talking about how this research is against them. and treat diseases. dispersed across this country. There is At the NIH, we have a program called The common aspirin comes from the a trend for how this research funding is IDeA, or the Institutional Development bark of a willow tree. The Chinese allocated throughout the country that Award program, that is intended to knew that a couple of thousand years is very similar to what happens in rectify this geographical inequity by ago. If they had a headache, they would other areas of the federal Govern- helping historically under funded chew the bark of a willow tree. In mod- ment’s research budget. The research states to build their medical research ern medicine, aspirin is a chemical that comes through the billions and capacity. IDeA is very similar to the modification of that active ingredient billions of dollars that we spend—near- EPSCoR program that exists in other derived from willow tree bark. Now as- ly $20 billion proposed for fiscal year federal agencies. pirin is produced chemically, but the 2001 at the NIH alone —has historically This program is under funded at NIH. bark of the willow tree was the deriva- been clustered in a few areas of the The IDeA program is funded at the tive. country. In most cases, big universities level of $100 million in the House- The java devil pepper was in the heal- get big grants that make them bigger, passed bill, which I think is too low. ing garden. Drugs used to treat hyper- and from around those universities, But it is funded at only $60 million tension, or high blood pressure, which you see the development of businesses here. That is an increase from $40 mil- were used formerly as a tranquilizer, springing up from that research. You lion to $60 million, and for that, I ap- come from the java devil pepper. Who will see the result of NIH research in a preciate the efforts of Senators SPEC- would have guessed this connection if few areas of the country producing TER and. But we ought to at least meet not for the research by the scientists very significant opportunities. Then the House level. And we ought to do who discovered it? you will see other significant parts of even more. Agents that fight tumors, leukemias America with almost no research base My amendment will take our pro- or lymphomas, come from the plant through the NIH. posed funding to the level of $100 mil- called the mayapple. Should research be done where it is lion in the House bill. Through this The rose periwinkle produces drugs done best? Yes, of course. But the larg- amendment, we will simply say that we used as anticancer agents primarily in est universities in this country, in a want to encourage the distribution of treating Hodgkin’s disease and a vari- handful of States, get most of the re- research across this country to all of ety of lymphomas and leukemias. search dollars in part because the the centers of genius—no matter where Foxglove is used in the medications grants are peer reviewed by people they are—that exist. digitalis and digitoxin, which are used from the same institutions that get the In States such as North Dakota, to treat congestive heart failure and grants in the first place. It becomes a Iowa, South Dakota, and up and down other cardiac disorders. self-fulfilling prophecy. the farm belt, we are losing a lot of Of course, we all know about aloe, an The chart I have here shows the way population. This map shows that. All active ingredient, of course, in skin NIH funding is currently distribution these red blotches on this map indicate care preparations. across the country. If you look at the counties that have lost more than 10 It is interesting that, as funding has States in this country shown in the percent of their population. increased for studying plants and ani- white shaded areas—mostly in the mid- What you see is that the middle part mals, scientists at the NIH are finding dle of the country—you will see that of our country is being systematically quite remarkable things. Deep in the these States get very little funding for depopulated. Why has that happened? Amazon rain forest lives a frog that medical research. Why, when you have so many people has a deadly toxin on its skin. They be- The States shown in the blue and red living on top of each other in apart- lieve that from studying the toxin of areas—California, Texas, New York, ment buildings in big cities and fight- that frog, they can create a painkiller Massachusetts, and so on—are the ing through traffic jams just to get to that is 200 times more powerful than States that get most of the research and from work each day, is the middle morphine and not addictive. Think of grants. part of our country being depopulated? June 23, 2000 CONGRESSIONAL RECORD — SENATE S5721 At least part of the answer to that minds this country has to offer. That is My sense is that we are making a lot question relates back to what we do at the purpose of my amendment. of progress. Before the Senator was in the Federal level. We say that $20 bil- Mr. President, I yield the floor and the Chamber a few moments ago, I said lion will be made available through the suggest the absence of a quorum. he and Senator HARKIN will have the National Institutes of Health to form The PRESIDING OFFICER. The undying gratitude of the American peo- centers of excellence for scientific re- clerk will call the roll. ple for their persistence and relentless search in medicine. We move that The assistant legislative clerk pro- work to increase funding at NIH. This money to specific areas of the country ceeded to call the roll. is very important, not just for people where there is already a significant Mr. SPECTER. Mr. President, I ask who live here now but for generations population, and from that springs eco- unanimous consent that the order for to come. nomic opportunity and biotechnology the quorum call be rescinded. My concern, as we do that, is to companies and new jobs. We simply ex- The PRESIDING OFFICER. Without make sure we get the full genius of all acerbate all of these problems with the objection, it is so ordered. the American people working on these way we spend our money at the Federal Mr. SPECTER. Mr. President, I be- scientific inquiries into treating and Government. lieve the amendment offered by the curing these ravaging diseases. I want There are centers of genius in the distinguished Senator from North Da- more funding in the IDeA program so middle part of this country, in Min- kota is a meritorious amendment on that smaller States have the oppor- nesota and North Dakota and South institutional development within the tunity to access these grants and we Dakota and Kansas and Oklahoma. National Institutes of Health. We have can put to work their scientists and There are small centers of excellence a figure of $60 million there as part of their medical schools and their com- that could do wonderful scientific re- $2.7 billion. munities to meet our nation’s medical search, but they do not get the funding. The subcommittee and the full com- research goals. Why? Because the biggest States get mittee have been very—aggressive, is I appreciate my colleague’s response. all the money. Three States get a third the right word—to increase NIH fund- I will not ask for a vote on my of all the money through the NIH. ing. We did it at $2.7 billion in this bill. amendment. What I will do is ask that I am not suggesting that anything il- We had $2.2 billion last year, $2 billion we handle it in conference, as the Sen- legal is going on. It is just that we the year before, a billion before that. I ator has suggested. have a system that perpetuates itself agree totally with the thrust of what Mr. SPECTER. Mr. President, I and creates a circumstance where three the Senator wants to accomplish. thank the Senator from North Dakota States get fully one-third of the bil- When we sit down with the House in for his comments about what Senator lions of dollars we provide for medical conference, there is always a lot of HARKIN and I are trying to do—and, research and 21 other States are left to give-and-take with a bill that is at really, it is the whole committee and share 3 percent of the medical research. $104.5 billion. It would be my intention the full Senate. We will, I think, ac- And that predicts and predetermines to do what we can to reach the figure complish what he is looking for—the where the centers of excellence will be of $100 million, which is what the Sen- $100 million—in the final analysis. I in the future. ator wants, because I think that is the think the old saying that you don’t It also, in my judgment, is unfair to right figure. What I suggest is that the want to see either sausage or legisla- all of those folks who live so far away Senator give Senator HARKIN and me tion made may have some merit. I from the biggest centers, where most of and the other conferees the flexibility think when we deal with our national the money is moving to, because it is to negotiate. There is a lot of give-and- health, we are dealing with ‘‘prime not going to be very easy for them to take. rib.’’ We will make some tasty morsels be involved in clinical trials for such For those watching on C-SPAN, the here for the benefit of America, I things as their breast cancer, their process is, after we pass our bill, we go think. lymphoma. They are going to have dif- to a conference with the House, which Mr. President, in the absence of any ficulty getting cutting-edge medical has passed a bill. Then we sit down other Senator in the Chamber, I sug- therapies. with long sheets and go over all the gest the absence of a quorum. That ought not be the case. I want to points and try to reach a compromise. The PRESIDING OFFICER. The change that. I am hoping, with the co- To have that flexibility would be help- clerk will call the roll. operation of Senator SPECTER and Sen- ful. I know there are a number of pro- The assistant legislative clerk pro- ator HARKIN, and with a new deter- grams the Senator from North Dakota ceeded to call the roll. mination in the House and the Senate, would like to stay at the Senate figure, Mr. DORGAN. Mr. President, I ask that we can come to an understanding as opposed to the House figure which unanimous consent that the order for that, as we double the funding for the may be lower. If we could reach that the quorum call be rescinded. NIH, we can also do much better for accommodation, I believe we would ob- The PRESIDING OFFICER. Without this program at NIH called IDeA. tain the objectives which the Senator objection, it is so ordered. Again, this program lets us reach out from North Dakota wants, to give the Mr. DORGAN. Mr. President, I ask and find ways to use NIH funding all conferees that flexibility to assert the unanimous consent to speak as in across this country, to get the best of Senate position on other matters. morning business for 5 minutes. what everyone in this country has to The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without offer, to find all the centers of excel- ator from North Dakota. objection, it is so ordered. lence that exist everywhere, and have Mr. DORGAN. Mr. President, the f them come to bear on research and in- Senator from Pennsylvania is alluding quiry. I am convinced that this rep- to the analogy of the legislative proc- NO APOLOGY NECESSARY resents our best chance to try to find ess being akin to the making of sau- Mr. DORGAN. Mr. President, earlier ways to cure some of these diseases sage. Often, neither are a pretty proc- this morning a Member of the Senate that ravage people who live in this ess, so it is better, perhaps, to speak described the circumstances on the country and the rest of the world. less of it. I say to the Senator from floor of the Senate yesterday with re- We are making a lot of progress. Pennsylvania that I am more con- spect to a vote on the issue of a pre- With this amendment, I do not mean in cerned about the destination than I am scription drug benefit for Medicare. any way to suggest we are not making about the route by which we get there. Yes, there was a vote on that issue. I great strides. Doubling the NIH budget He has indicated that he supports the want to describe why that motion was is a terrific thing to do. It will produce $100 million level in the House bill for offered and the importance of it. enormous rewards for all who live in the IDeA program. Senator HARKIN has I also want to say that, while I cer- this country and those who will come indicated the same. For that reason, I tainly have the greatest respect for my after us. But it is also the case that we will not proceed with my amendment, colleague, this was not a circumstance must do better in the distribution of with the understanding that their in- where the minority leader or anyone this research money if we are going to tention will be to reach that level in else intended to surprise anybody. be able to have access to all the best conference. When the minority leader or any other S5722 CONGRESSIONAL RECORD — SENATE June 23, 2000 Senator is pursuing an agenda he be- control the agenda that what we need he served with the naval amphibious lieves is important for our country, he to do is tuck in our wings and get out task force which rescued American Na- does not go desk to desk in the Cham- of town and do as little as possible. tionals from Beirut during the Civil ber asking permission from anyone else I don’t want to belong to a Congress War in Lebanon. to offer an amendment. That is not the of underachievers. I want our Congress After graduating with Honors from way the Senate works, of course. to do the things we ought to be doing Duke in 1979, he served in the Peace The minority leader believes very together. Yes, a prescription drugs ben- Corps working on rural water supply strongly, as does almost every single efit in Medicare is one of those items. projects in Nepal. He came to the Sen- member of this caucus, and perhaps We cannot apologize for what we did ate on June 23, 1980 to work as an in- some others in the Senate, that we yesterday. We must, at every oppor- tern with Senator Richard Dick’’ Stone need to add a prescription drug benefit tunity, continue to push and coax and (D-Florida), beginning in the Senator’s to the Medicare program. Life-saving pull those in the Chamber who don’t mail room and working his way up to miracle drugs can only perform mir- really want to do this to join us and fix assist on defense, finance, banking and acles for those who can afford them. what is wrong with respect to this energy issues. Senior citizens all too often are choos- Medicare program. After David attended the Democratic ing between groceries and the prescrip- What is wrong, in part, is that it Convention in 1980, he began to recon- tion drugs they need. If we were to cre- doesn’t have coverage for prescription sider his political affiliation and on the ate the Medicare program today, un- drugs, and there are a lot of senior citi- day Ronald Reagan was inaugurated in questionably we would have a prescrip- zens who are prescribed medications 1981, David joined my staff to serve as tion drug benefit in that plan. that will allow them to live longer and Legislative Aide on defense and foreign We have been very relentless in say- healthier lives, and they discover they relations. He was soon promoted to ing we believe we must add a prescrip- can’t afford them. Legislative Assistant for energy and tion drug benefit to the Medicare pro- A woman in Dickinson, ND, who had natural resources. gram and we should do it in this Con- breast cancer was told by her doctor In addition to his legislative exper- gress. We cannot and will not apologize that in order to reduce the chances of tise, David is extremely knowledgeable for being relentless in that pursuit. We a recurrence of her breast cancer, she in the nuts and bolts of high tech- have had very few opportunities on the must take this prescription medicine. nology. In the late 1980s he became floor of this Senate to pursue our agen- This woman, who was on Medicare and Founding Coordinator for the U.S. Sen- da. Yesterday was one of them. had a small fixed income, said, ‘‘Doc- ate Microcomputer Users Group. This If, at the end of the day, we get a bi- tor, there isn’t any way I can afford group was instrumental in changing partisan agreement to add a prescrip- that medicine. There is no way. I am Senate technology policy so that each tion drug benefit to the Medicare pro- just going to have to take my office could decide what type of com- gram, then we will be rewarded for our chances.’’ This situation faces too puter system it would utilize. Pre- success by the senior citizens in this many senior citizens who need pre- viously, Senate offices could only use a country who will be able to have access scription medicine and find that they system selected by the Senate Com- to the prescription drugs they need. If, cannot afford it. That is why we must puter Center. at the end of the day, we do that, I put a prescription drug benefit in the David’s broad range of intellectual guarantee that it will only be because, Medicare program. interests led me to select him to join for the last couple of years, we have Let’s do something at the same time the staff of the Senate Select Com- been relentless on the floor of the Sen- that puts some downward pressure on mittee on Intelligence when I was a ate and in the House, saying this Con- drug prices. Prices have risen too fast Member of the Committee. He played a gress must do this. and too far on prescription drugs. key role in the development of ‘‘envi- We have had others who say, yes, we I just want to say that no one crossed ronmental intelligence’’ capabilities in agree about the need for a prescription any lines by not going to every desk in the intelligence community and at the drug benefit, but we want to have the the Chamber about that motion yester- national laboratories. private insurance companies write a day. We are going to keep trying until Some of David’s best work occurred plan, and so on and so forth. The fact is we get enough votes in the Senate to when he joined the staff of the Senate that the private insurance companies add a prescription drug benefit in the Energy and Natural Resources Com- have said publicly, and they have come Medicare plan. It is for a good reason. mittee. He was responsible for environ- to my office and said repeatedly, ‘‘We This country needs that sort of policy mental issues, including the Clean Air will not write a plan; we cannot write in place right now. Act, Global Climate Change Policy, en- a plan.’’ It is not within the range of fi- Mr. President, I yield the floor. ergy R&D and Arctic Research, Science nancial possibilities for us to do what The PRESIDING OFFICER. The Sen- and Technology policy. the majority party is proposing. In ator from Alaska is recognized. While David worked incredibly long fact, one company official said, ‘‘We Mr. MURKOWSKI. I ask unanimous hours on highly technical policy issues will write a plan that has $1,000 in ben- consent that I may speak as in morn- at the Energy Committee, he went to efits, and we would have to charge ing business for a time not to exceed 20 school at night and in 1997 earned a $1,200 in premiums for the plan to cover minutes. Master of Science in Environmental the administrative and other costs of The PRESIDING OFFICER. Without Sciences at Johns Hopkins University. the benefit.’’ That is the same as hav- objection, it is so ordered. That I consider a very noteworthy ing no plan, the same as doing nothing f achievement. in terms of adding prescription drug Despite his many hours of work and coverage to Medicare. TWENTY YEARS OF CONGRES- study, David did find the time to meet Our goal is to find a way to solve this SIONAL SERVICE BY DAVID a beautiful woman, Kira Finkler, and problem in this Congress. This Con- GARMAN her lovely daughter Bonnie. Kira, who gress, with all due respect, on some of Mr. MURKOWSKI. Mr. President, I works on the Minority staff of the En- the big issues, has been a Congress of have come to the Senate floor today to ergy and Natural Resources Committee underachievers. We can do a lot better offer my congratulations and thanks to did not allow energy policy differences than this. We can add a prescription my Chief of Staff, David Kline Garman, to stand in the way of their relationsip. drug benefit to Medicare. We can pass a who has dedicated his entire life to They were married in December of 1998. campaign finance reform bill. We can public service. Today, in fact, marks By this time, I had asked David to pass a Patients’ Bill of Rights. We can the 20th anniversary of David’s service move from the Energy Committee and pass an education bill that reduces in the United States Senate. become my Chief of Staff. And as all class size and helps rebuild and ren- David’s public service career began Senators know, this is about the hard- ovate some of our nation’s dilapidated even before he came to the Senate. est job there is in a Senate office, be- schools. We can do these things if we While attending Duke University in cause it is the Chief of Staff who has to put our minds to it. But somehow there the 1970s, he participated in Naval get the trains to run on time. David is this notion by at least those who ROTC and during the summer of 1976 does a superb job and I am deeply June 23, 2000 CONGRESSIONAL RECORD — SENATE S5723 grateful to him for how well he does his and on the refiners—on anyone but the same gasoline in Springfield, IL, job. themselves; on anyone other than rec- that you would use in Chicago, IL, be- I encourage his friends to join me in ognizing that the Clinton/Gore admin- cause of the policies of the EPA. celebrating and recognizing this 20th istration has not really had an energy I am not going to debate the merits anniversary. policy that has been identifiable. of the regulation. But I will debate the As anyone can tell, David is a highly The first graphic explanation is going reality that these regulations cost versatile and intelligent person who back to a time a few years ago when money because they require custom- can handle almost any responsibility the Vice President came to the Cham- izing, if you will, of the gasoline and given to him. There are few people I ber and broke a tie vote to establish a the refining process. know who are as capable as David. In 4.3 cent-per-gallon gas tax. That, I It is kind of interesting to also note addition to all of his substantive think, can certainly be reflected on as that we have lost 36 refineries in this knowledge, David is a superb, out- the ‘‘Gore gas tax.’’ country in the last decade. They standing speech writer, although he Following that, we saw a series of ac- haven’t built a new refinery in almost didn’t write this speech. Some of the tivities by the administration that 25 years. Why not? Obviously, it is not best speeches I have given were written hardly would relieve the coming short- a very attractive business to get into, by David. age that was evident, even at that or the oil companies would be moving Mr. President, there is a huge turn- time. into it. They are moving out of them. over of the staff on Capitol Hill. That The administration has taken vast The reason: It takes decades; in some reflects the long hours, modest pay and areas of the Rocky Mountain over- cases not that long, but several years economically rewarding opportunities thrust belt off limits to energy explo- to get permits. The permitting process available in Washington’s private sec- ration. These are areas where there is a is legitimate. But if you can’t basically tor. It is rare to find such an incredibly high potential for oil and gas discov- get there from here, you are going to dedicated public policy servant as eries—Colorado, Wyoming, and Mon- have very little interest in pursuing re- David Garman and I salute him today tana. And other States were simply fineries. for 20 extraordinary years of service in taken off limits. It is estimated that 64 I think it is fair to say that the ad- the Senate and to the American people. percent of those areas have been re- ministration’s overzealous policies are f moved. responsible for closing some 36 regional GAS PRICES AND GAS TAXES There are areas in the Continental refineries. The fact that no new ones have opened during the 8 years under Mr. MURKOWSKI. Mr. President, I Shelf that they put off limits to energy the Clinton/Gore administration is a rise to talk a little bit about a topic exploration. valid, understandable, legitimate rea- that is in the newspapers today and Furthermore, the Vice President, in son as to why we are seeing gasoline that has been all week; that is, the cri- a statement made in Louisiana, stated prices in regional areas mandated by sis concerning energy and our gasoline that if he were elected President, he new policies from EPA prevail. The price structure currently prevalent would pursue a policy of no more leases Vice President can try to shift the throughout the country. if anyone even attempted to thwart ex- I think it is fair to go back and isting leases that have been issued. blame to the oil companies for higher evaluate what has happened over the During that timeframe, the adminis- prices, but let’s not forget that he per- last 8 years in the Clinton/Gore admin- tration vetoed legislation to open up sonally cast the tie-breaking vote in istration. the small sliver of the Arctic Coastal the Senate for higher gasoline prices. I think it is obvious to all that the Plain where reserves had been esti- To attempt to counteract that, we answer to our energy shortage by the mated as high as 16 billion barrels. have a firm policy that is introduced in Clinton administration is pretty much That is just in my State of Alaska. It legislation which is the Republican en- to put our economic destiny in the is estimated that if indeed the poten- ergy production proposal for the year hands of the foreign oil price-fixing tial reserves were there, it would re- 2000. We recognize what has happened cartel because their answer to the place our current imports from Saudi in this country. Today, the average shortage has been to increase oil im- Arabia over a period of 30 years. price of gasoline is $1.68 per gallon. In ports and decrease domestic produc- Further, the administration has put the Midwest, the average is $1.87. The tion. domestic energy reserves off limits only way to address this responsibly is The first time we saw this crisis com- through a unilateral designation of through a series of incentives that not ing was a few months ago. The reaction new national monuments under the only stimulate domestic production by of the administration was to send the Antiquities Act. opening up the overthrust belt, by Secretary of Energy, Secretary Rich- It is a pretty simple equation. Do- opening up areas in the coastal OCS ardson, almost with a tin cup, to beg mestic production is down 17 percent, area, opening up areas in the arctic OPEC to increase their oil production. and imports are up 14 percent. where we are likely to find significant That was the answer. We talk about rising gasoline prices discoveries, but have a goal in the leg- The success of that effort is some- in various areas of the country. We islation. The goal is to reduce depend- what limited when you recognize that have talked about the refineries, and ence upon imports to less than 50 per- there is more pressure throughout the why they can’t address this and con- cent in a 10-year period of time. In the world to utilize oil. A consequence of tinue with an uninterrupted supply at Vice President’s book ‘‘Earth in the that, of course, is the realization that a relatively low price. Balance,’’ on page 73, he identifies the Asian economy is coming back, What the administration doesn’t tell ‘‘higher taxes on fossil fuels . . . is one which is putting more pressure for oil you is the reality—that the Environ- of the logical first steps in changing in that part of the world. We found our mental Protection Agency, through our policy in a manner consistent with reserves substantially lower as a con- mandates, has caused a significant in- a more responsible approach to the en- sequence of the cold winter and an in- crease associated with the mandate for vironment’’; that is, taxing higher adequate supply of heating oil. While reformulated gasoline. fuels to discourage people from using we had this situation developing, it Who pays the price associated for fuels. was quite evident what was going to this reformulated gasoline? He further says it ought to be pos- happen behind the supply and demand Why is it so high? sible to establish a coordinated global curve. The demand was greater than It is kind of interesting. When you go program to accomplish the strategic the supply. We were pulling down our through the State of Illinois and the goal of completely eliminating the in- reserves faster than we were replacing State of Wisconsin, you are made ternal combustion engine over, say, a them. aware that as of June 1 there was a 25-year period. The implications of It is kind of interesting to see the mandate by the Environmental Protec- that, of the Vice President encouraging ‘‘blame game’’ that is going on in tion Agency that reformulated gasoline high costs to address perhaps the elimi- Washington. containing ethanol replacing MTBE be nation of the internal combustion en- The administration is blaming the established. That costs roughly 50 gine, or his belief, if indeed it is his be- price increase on the oil companies, cents more a gallon. You cannot use lief, that higher taxes on fossil fuel is S5724 CONGRESSIONAL RECORD — SENATE June 23, 2000 one of the first steps in changing our less we increase the supply, we are one is on refinery operations, one is on policies, certainly is occurring. going to have shortages. That is evi- the availability and continued uninter- However, let’s be realistic and recog- dent by what we are seeing in the rupted supply of natural gas. nize in this country our transportation paper. We have $2.33, $2.40, and $2.49 a The other is the delivery system system depends on oil. Don’t expect gallon for gasoline in this country. within our electric power industry and modest OPEC increases to bring prices This particular headline suggests that our transmission grids. It is appro- down at the pump. As we have seen in the gas price rise shakes Democrats. priate we start preparing ourselves for this last announcement by an increase The reason it shakes the Democrats, a train wreck that is going to come. We in OPEC of 700,000 barrels a day, the and the reason this is a partisan issue, are seeing it in gasoline prices as a market sophistication has already is because the Democrats and the ad- consequence of shortage of crude oil. made a judgment. The judgment is that ministration simply have no plan and We are going to see it spread, as we see prices are going to continue to rise. have not had a plan associated with the in the northeastern part of the Nation Right after this announcement, west energy shortage that is occurring in which is so dependent on oil for the Texas medium crude rose 72 cents this country today. generation of electricity, as the sum- Wednesday on the New York Mer- As I come to the Senate floor today mer warms up. cantile Exchange, up an additional 28 to address this matter and reflect on cents by the afternoon, where con- how we are going to correct it, the sim- Last year they were paying $10 and tracts for August delivery were $31.65 a ple response is that we are going to $11 a barrel for oil. This year they are barrel. Last year at this time, oil was have to increase our supplies, and we going to be paying over $30. The elec- selling for about $12 to $14 a barrel. will have to do it dramatically and in trical rates in the Northeast corridor If there are those who were misled by a timely manner. If we don’t do that, are going to go up dramatically. They the assumption that energy was going we are going to continue to see an in- thought they had higher rates for fuel to substantially be increased by this crease in the price of oil, and an in- oil last year. They have not seen any- OPEC announcement, remember that creased dependence on imports. One of thing yet. We are going to have brown- 700,000 barrels a day does not come to the frustrating things about the con- outs this year because the capacity of the United States alone. Our share of tinued dependence on imports is from the transmission lines, for all practical that is 15 percent. That is only 109,000 where those imports are coming. purposes, is just about at their max- barrels a day. In the District of Colum- Last year, we imported about 300,000 imum in certain areas. bia, we consume 121,000 barrels a day, barrels of crude oil from Iraq. This Why haven’t we built more trans- to give a comparison. The last OPEC year we are importing about 750,000 mission lines? FERC has been sitting production increase in March, which barrels from Iraq. A lot of people per- for 3 years on a rate case, a rate case was to produce a 1.7 million-barrel in- haps have forgotten we fought a war that is going to make a determination crease, may have yielded roughly over there in 1991 and 1992. We lost 147 of whether or not it is financially bene- 500,000 barrels due to cheating on pro- lives. We had roughly 427 wounded, 23 ficial for the investment in trans- duction overquota. were taken prisoner. mission lines in the sense they can re- As we look to the future, it is amus- Today, what we are doing, and this is cover their investment. ing to recognize that the administra- where I am critical of our foreign pol- What about natural gas? The electric tion has now come out with what it re- icy, for all practical purposes, we are industry is moving into the area more ferred to as a detailed blueprint for buying his oil, sending him our dollars, and more and converting to natural congressional action. Mind you, they taking his oil, putting it in our air- gas, but while the supply of natural gas are asking, now, for congressional ac- planes, and going over and bombing. is abundant, we are now pulling down tion. The President has called on Con- What kind of a foreign policy is that? our reserves. Last year, our reserves gress to pass a proposal to encourage It is just about that simple. Not very were about 160 trillion cubic feet; this more stripper well production. complex. year, they are about 150. We are using First, we don’t have a proposal. He is making a press release every more gas than we are finding. We are There is no legislation set up. We have time we bomb saying, here is how using currently about 20 trillion cubic in the Republican package, a proposal many people Americans killed in my feet. The estimate is about 30 to 35 in to increase stripper well production. country. He waves that around and the next 10 years. We are not finding a But now the President is saying we generates more support. The dollars we replacement. So we are going to have a need to get some of these American are paying go to the Republican Guards crunch in natural gas, and natural gas wells back in operation. for his safety and protection. And he is is going to go up. Where has he been? We have been smuggling oil out, in addition to that trying to encourage the administration which is under the auspices of the It is estimated the industry is going to support legislation that would put United Nations. What is he doing with to have to spend $1.5 trillion to put in in place a foreign ceiling. They have the generation of funds from the smug- new infrastructure for delivery into not proposed any. And now he is saying gling of the oil? He is building up his various parts of the country. From he has a program. Where is it, Mr. arsenal, his capability with missiles, where is the capital going to come? It President? He says we need to get some his capability with the biological weap- is only going to come if they get an of these things back in operation. onry. Here is a very bad man out there. adequate return on their investment; He further states that Congress is not And we are supporting his regime be- otherwise, they are not going to build reauthorizing Strategic Petroleum Re- cause we are becoming more dependent the pipelines. serve. He went into the Strategic Pe- on him as a source of oil. This whole thing is coming to a head. troleum Reserve the other day as a What does that do to strengthening The American people are beginning to consequence of an accident on the Mis- stability in the Middle East? It is pret- wake up a little bit. The administra- sissippi River to keep refinery produc- ty hard to say, but it certainly rep- tion is beginning to point the blame to tion going. He didn’t ask us for author- resents a threat against Israel. It is industry, to Congress, to the refiners, ity. He has the authority. He knows he well known, the disposition of Iraq and to anybody but themselves, because has the authority. This is another Saddam Hussein relative to the threat this administration has not had an en- smokescreen. against Israel and the peace we all ergy policy of any consequence, as evi- We look at his concern over the sup- hope will come to the Middle East. denced by the President’s statement ply in the Northeast corridor this com- I could go on at great length. I see that suddenly he is concerned and sud- ing winter. What has he done about the other Senators desiring to discuss var- denly he sends something to Congress— supply to increase it? Absolutely noth- ious matters. It is my intention as if we can identify just what this is he ing. He has no plan, no proposal, no in- chairman of the Energy and Natural sent up—calling on Congress to pass a creased production. The President or Resources Committee to put together variety of administrative proposals. the Vice President or his advisers sim- in this next week a chronology of cer- They do not say what the proposals ply do not understand the reality that tain portions of our negative exposure, are. He is a little late. It is like some- this is a supply and demand issue. Un- if you will. One is on gasoline prices, body fiddling while Rome burned. June 23, 2000 CONGRESSIONAL RECORD — SENATE S5725 DEPARTMENTS OF LABOR, thing: subpoena records and subpoena settled that we were going to have 3.1 HEALTH AND HUMAN SERVICES the oil company executives to come to percent. The oil companies weighed in. AND RELATED AGENCIES APPRO- Washington in an open, public hearing They got that knocked down to 2.0 per- PRIATIONS, 2001—Continued so that the public can hear for them- cent. Mr. MURKOWSKI. Mr. President, I selves the answers to these questions. We may not have appreciated what have been asked by the leader to file a I want to talk for a moment about all they were up to. Two percent oxygen is of the claims and assertions going number of amendments as an amend- better than nothing so we went with 2 around that reformulated gasoline and ment to the underlying Labor-HHS percent. But the oil companies had ethanol are the cause of the increase in bill. The amendment is the Republican something called methyl tertiary butyl prices in the upper Midwest. I just energy security package. I ask unani- ether, which they could use as an oxy- heard the Senator from Alaska allude mous consent that it be so filed. I ap- genate and also that would help meet to reformulated gasoline being part of preciate the willingness of the leader the clean air standards, at the 2-per- the problem. If reformulated gasoline cent level. MTBE would not have been to file the amendment. is the problem, then why is it that we The PRESIDING OFFICER (Mr. ROB- so heavily used at the 3.1 percent level have reports that of instances where ERTS). The Senator has the right to file because MTBE has a much lower oxy- reformulated gasoline, including where an amendment. gen content than ethanol. ethanol is used, is actually below the Mr. MURKOWSKI. I thank the Chair. Ethanol could do it at the 3-percent price of conventional gasoline. I yield the floor. level but not MTBE. So the oil compa- That has happened in Louisville, KY, The PRESIDING OFFICER. The dis- nies got back in, knocked it down to 2 and St. Louis, MO, where they have an tinguished Senator from Iowa is recog- percent, and guess what happened. The RFG requirement, according to EPA. market was flooded with MTBE, and nized. EPA has said that RFG with ethanol Mr. HARKIN. Mr. President, I am because the oil companies have control would not be more than a penny a gal- here as the ranking member on the over it, it has kept the production of lon higher than RFG without ethanol. Labor-HHS appropriations bill, which ethanol down for the last decade. Even that may be high. Yesterday, in is pending this morning. We had hoped Then what did we find out? First of Chicago, the price of conventional gas- Senators would come over and offer all, we had the lead that the oil compa- oline at wholesale was $1.24 a gallon. nies pushed off on us. Then we had the amendments. We had a good amend- The price of reformulated gasoline ment earlier by Senator BOND from aromatics and toxics which they with ethanol was $1.24 a gallon. It was pushed off on us. Now we have MTBE Missouri. I thought we could move the same price at the wholesale level. which they pushed off on us, and it is ahead on that, but it looks as though And said, in some markets, we found polluting water supplies all over the we have diverged to other issues. that reformulated gas is at a lower As long as that is the case, I feel con- country. State after State is beginning price than conventional gasoline. That to ban MTBE, such as California and strained also to talk about the prob- makes sense because ethanol is now ac- other States. I assume that presently, lems we have with high gasoline prices tually cheaper than gasoline. in the Midwest. The Senator from Alaska talked or very shortly, we are going to have a I was listening to my colleague from about an energy policy. One of the en- ban on all MTBE in the United States. They fooled us once, they fooled us Alaska speak. Quite frankly, I got to ergy policies of this administration has thinking about what is happening in been to promote the use of ethanol and twice, and they fooled us three times. the Midwest and upper Midwest with renewable fuels. I know the Presiding Are we going to let them fool us again? high gasoline prices. It occurred to me Officer is a big supporter of ethanol, Now they say they can come up with there are all kinds of rumors going too. So is this Senator. But every time something else. Now they have some- around about why this is happening: we try to promote ethanol, we are sty- thing else they are going to try to put There is a broken pipeline; there is a mied by the oil companies. They have in the gasoline to meet the Clean Air shortage of crude oil; reformulated gas- some reason why they cannot use eth- Act. They want to get rid of the oxy- oline, with ethanol is the problem— anol. I will tell my colleagues why they genate requirement in fuel totally and there is all this talk swirling around do not want to use ethanol: Because do it their way. Then ethanol does not out there, everybody blaming every- they cannot control it, and if we con- have a role. That is the oil companies body else. tinue to produce more ethanol in this for you. They stymied everything we No one knows the answers. That is country, it is going to provide an alter- have ever tried to do to provide for al- why yesterday I wrote a letter to the native to gasoline which will keep the ternative source fuel, especially eth- chairman of the Senate Committee on price of gasoline down. That is purely anol. Energy and Natural Resources asking and simply why the oil companies do It costs basically the same amount of him to hold emergency public hearings not want ethanol. We have been money to take oil out of the ground to subpoena the heads of the major oil through this battle going clear back to today as it did a year ago or a year and companies, bring them to Washington the Clean Air Act Amendments of 1990 a half ago. It does not cost any more. and put them under oath, and then and earlier. Yet we see the price going up. start asking them the tough questions. Years ago, the oil companies put lead The International Energy Agency has Then I believe we might get to the bot- in their gasoline. We found out lead pointed out we have a greater supply, tom of it. was causing all kinds of problems, than demand of oil by about 3 million I say to the chairman of the Energy physiological problems in kids and barrels a day. I have always thought, if Committee, use the powers of sub- adults. So we had to force them to take supply exceeds demand, the price goes poena. Bring the heads of the oil com- the lead out. In order to keep the oc- down. The oil companies have stood panies to Washington. Maybe they do tane up, then they said: We are going that on its head. We have an excess of have an answer. Maybe there are log- to use these aromatic and toxic com- supply over demand by 3 million bar- ical reasons why the price of gasoline pounds, such as toluene, benzene, and rels a day and the price is way up. is so high. I doubt it, but let them have xylene. They put that witch’s brew to- The Senator from Alaska said that their say. I say put them under oath, gether in the gasoline to keep the oc- over the next—I don’t know what time- just as we did with the tobacco com- tane up. frame he was using—that the oil com- pany executives a few years ago. Let’s Then we found out many of these panies would need $1.5 trillion for new put them under oath and ask them the compounds were air polluting, toxic, infrastructure, $1.5 trillion for new tough questions. Let Senators from and carcinogenic. About that time, pipelines, new refineries, new infra- both sides ask them the questions around 1990, we passed the Clean Air structure for oil and gas. Yet we try to about why we have these high and di- Act. We in the Senate mandated an ox- get a few million dollars to help eth- vergent gasoline prices in the upper ygenate requirement of 3.1 percent for anol production, to help biomass fuels Midwest. Maybe we can get somewhere gasoline to clean up the air and to which are renewable. We need to get a and find answers. meet clean air standards. few million dollars in for the use of hy- I also asked the head of the Federal That is what the Senate adopted. It drogen in fuel cells and for fuel cell re- Trade Commission to do the same went to conference. I thought we had it search, which would be a tremendous S5726 CONGRESSIONAL RECORD — SENATE June 23, 2000 alternative to burning gasoline in our of its forms: education, health, job What the Republicans in the House cars—where you could take solar en- training, medical research. did only answers a need for a very nar- ergy, in the form of direct solar energy I believe one of the crucial aspects of row band of seniors—the very poor. or biomass, or hydroelectric, use that our bill that we fund here every year What about the elderly who are mak- power to separate hydrogen from oxy- on Health and Human Services is the ing $15,000 a year? They are left out in gen, take the two atoms of hydrogen need—the great need—we have in this the cold. Seniors making $20,000 a year off of the water, separate the hydrogen country to ensure that our elderly citi- who may still have payments on a off, use that hydrogen—you can com- zens have access to quality health care. house, maybe they have their property press it, you can store it, you can pipe That is why the administrative costs of taxes to pay, they have heating bills, it—you can even liquefy it; that is a medicare and the running of the pro- food bills, they have clothing bills. We little expensive—and then you can put gram fall under our jurisdiction. The would like to have them enjoy a little that through a fuel cell. As it goes actual levels of Medicare and Social bit of their retirement years, maybe through a fuel cell, it combines again Security fall under the Finance Com- take a little vacation once in a while. with oxygen, and it makes electricity. mittee. But we are charged with the re- They can’t do that. They won’t be able And you use that electricity to power sponsibility of making sure it runs and to do that under the House-passed bill lights, to drive a car, to drive a bus. that the elderly get the kind of quality because they will have to have an in- That is being done today. health care accessibility that they come of less than $12,500 a year. If it is We have buses running in Vancouver, need. One of the items impacting the over that, even with that, the benefits British Columbia powered only by fuel elderly the most in that regard today go to the drug companies and insur- cells. We have the technology. It is a is the extremely high price of prescrip- ance companies and not to the seniors. little expensive right now, I grant that. tion drugs. I think our seniors have waited long Last night, we had a crucial vote in But the more we mass-produce it, the enough. They have been in the waiting the Senate on that issue. We had the cheaper it is going to become. room long enough for this. When our first real vote this Congress on whether The future for energy production and seniors see the vote that was taken our seniors should get help with the energy use is not bleak; it is very last night, they are going to be mad, high cost of prescription drugs. That is bright. It is clean, it is renewable, and and they have every right to be. That what the vote was about. Unfortu- it is plentiful. If we can get out from is the first time we voted on this. We nately, all but two of our colleagues on underneath the grip that the oil com- will continue to try. We will reach the Republican side joined together to panies have on America, if we can across the aisle and hope to make this defeat Senator ROBB’s motion and to a bipartisan effort. Senators will have move ahead, instead of $1.5 trillion for deny seniors the help they desperately new infrastructure for oil and gas, if we another chance to vote again on the need with high prescription drug costs. issue of prescription drug benefits for just take a fraction of that amount of It is too bad it fell along partisan money and put it into fuel cell produc- our elderly. Hopefully, the next time lines. This is not a partisan issue. I we do it, we will have a different re- tion, put it into biomass fuels and solar have had town meetings with seniors in sult. We can provide meaningful help energy and the production of ethanol, my State. I don’t ask them whether for our seniors to pay the extremely we could have a blend of fuels in this they are Republicans or Democrats. high cost of drugs they are having to country that would offset the increases They all come to the meetings. It tears pay today. So many of our seniors are we would need over the next 20 to 50 my heart out to hear their stories of being forced to choose between food, years. $4,000, $5,000, as much as $6,000 a year heat in the wintertime, maybe even air But this Congress will not invest in that they are paying out of pocket conditioning in the summertime, a it. This Congress—will not invest nor every year for prescription drugs with choice between that and paying for pre- have other Congresses invested—in no help. It should not be a partisan scription drugs. It is a choice they what is needed for clean, renewable en- issue. It is too bad that all of our col- should not have to face. ergy in the form of hydrogen extrac- leagues on the Republican side joined I yield the floor. tion for fuel cells. together to defeat it except two. The PRESIDING OFFICER. The Sen- As I said, we have two paths to go. I hope it is only a temporary setback. ator from Virginia is recognized. We can go down that same path we I challenge our colleagues on the other (The remarks of Mr. WARNER per- have been going down with the whole side of the aisle to join us, to join our taining to the introduction of S. 2782 carbon cycle, using more and more oil, seniors, to join the overwhelming ma- are located in today’s RECORD under refining it, trying to clean up the air, jority of Americans who support a ‘‘Statements on Introduced Bills and trying to clean up oil spills, or we can Medicare drug benefit. Our seniors need Joint Resolutions.’’) go for clean, renewable fuels like eth- real help. They don’t need the kind of Mr. KENNEDY. Mr. President, before anol and biodiesel, and hydrogen for sugar pill that is being prescribed by addressing the Senate on the matters use in fuel cells which are much more the House Republican leadership. before us in terms of education and the efficient, too, by the way. The House Ways and Means Com- HHS appropriations bill, I commend So, no, we do not have to continue to mittee this week passed a prescription my good friend from Iowa for a splen- pay obeisance to the oil companies. I drug benefit. Quite frankly, it does not did presentation on energy policy as think maybe now, with what is hap- answer the problem. It is an insurance well as on prescription drugs. He pening in the upper Midwest, what we program that reimburses insurance talked with great knowledge and un- see happening around the country, companies, not our seniors. It is not af- derstanding about some of these ad- maybe now Congress can start to move fordable. It is not an option for seniors vanced technologies which can make and make some changes in our energy in all regions of the country. It is not an enormous difference in terms of our policy. universal. There is no guaranteed ac- region of the country, the Northeast. The bottom line: Get the oil company cess to needed drugs and local phar- With the kinds of research he has sup- executives here. Put them under oath. macies. There are no protections ported and which the administration Ask them the tough questions. Then we against high drug costs. Who benefits has tried to achieve with their budgets will begin to get to the bottom of this. from what the House did? The drug being denied by the other side, I am I did not mean to really talk on en- companies and the insurance compa- very hopeful that we can follow a num- ergy, but I heard the Senator from nies. The House basically said that if ber of those recommendations that he Alaska talking about it and thought I you are a single person and you make has made. I think they are sensible and should respond because I believe there over $12,500, there is no assistance to responsible, and they can make an is another side to this story other than you. They are saying to the seniors of enormous difference on energy policy. just going down the pathway of pro- this country, if you make over $12,500 a As always, he has summarized very moting oil and more oil use in this year, tough luck. You have to pay for completely the challenge that is before country and around the world. it all out of pocket. A lot of the people the American people on the question of But as I said in the beginning, we are who have incomes under $12,500 qualify prescription drugs. We had a brief de- here because of the Labor-HHS bill and for Medicaid anyway; they get help bate last evening. We have been wait- the impact it has on our society in all with their drug costs. ing some 17, 18 months to get action. June 23, 2000 CONGRESSIONAL RECORD — SENATE S5727 We still have not had the action by the 5 amendments that would not have American people. How do we reflect respective committees. Given the fact been universally accepted by roll call their principal concerns in prioritizing that so many of our senior citizens are votes. and allocating resources in the budget? suffering, we want to move this process We have our leader talking about the I daresay that American families want forward. importance of education as a matter of more than 2.3 percent of our Federal I join with the Senator from Iowa national priority in January. At the budget supporting education. and our other colleagues, the Senator Mayors Conference on January 29, he Now, there are those on the other from Florida, Mr. GRAHAM, Senator said: side of the isle who do not want to see ROBB, and our leader, Senator But education is going to have a lot of at- that. They say they don’t want any DASCHLE, who has done so much to ad- tention, and it’s not going to just be words. Federal participation. Some on that vance this issue for us in the Senate, ... side have advocated the abolition of hoping that we can in the remaining Education is number one on the agenda for the Department of Education. They days fashion and shape legislation that Republicans in the Congress this year. . . . have wanted to rescind money that we will have the support of this body. I That was in 1999. have appropriated. That has been their think, as was evident last night, we On February 1, 2000: position, and I don’t agree with it. still have a long way to go. We’re going to work very hard on edu- When you see that education is only I regret very much that we are tak- cation. I have emphasized that every year 2.3 percent of the Federal budget—if ing up the Labor-HHS-Education Ap- I’ve been majority leader. . . . And Repub- you took any part of America and propriations bill for education, before licans are committed to doing that. brought together a group of Americans we have completed action on the au- Then he said on February 3, 2000: and asked them how they wanted to al- thorizing bill, the Elementary and Sec- We must reauthorize the Elementary and locate the Federal dollars, they will ondary Education At. I am distressed Secondary Education Act. . . . Education talk about national security, certainly, by this fact because we know that edu- will be a high priority in this Congress. and that is an important priority, and cation is a national priority. Congress Daily, April 20, 2000: Medicare and Medicaid and Social Se- We have an opportunity this year to ... LOTT said last week his top priorities curity; those are obviously matters of do our part to help local communities in May include an agriculture sanctions bill, priority. But they would also want to improve their schools by strengthening Elementary and Secondary Education Act make sure we were going to do more in the Elementary and Secondary Edu- reauthorization, and passage of four appro- the area of education—more than 2.3 cation Act. And, to Democrats, this is priations bills. percent. If you take what we are doing must-pass legislation. And we still haven’t had the reau- at the K-through-12 level, it is below 1 We have tried to make this a priority thorization. percent. The remainder of the 2.3 per- in the Senate. Six weeks ago we were On May 2, the majority leader was cent includes higher education initia- debating education policy. That legis- asked: tives including Pell grants and Stafford lation was pulled. We did receive assur- Senator, on ESEA, have you scheduled a loans. If you look at what we are doing ances that we would get back to the de- cloture vote on that? for the 53 million American children bate on education policy, but we have Senator LOTT. No, I haven’t scheduled a going to school every day, we are at not had that opportunity to do so. I re- cloture vote. . . . But education is number less than 1 percent—less than 1 percent gret it. Parents regret it and students one in the minds of the American people all of our budget. and teachers and those involved in the across this country and every state, includ- I think we are talking about what ing my own state. education of the children of this coun- most families want. They want a part- try should regret it. We are still waiting for that. We had nership between the Federal, State, We now have before us the funding 55 different amendments on the bank- and local governments to try to find mechanisms for education. We are real- ruptcy bill. Why aren’t we saying that out what programs are effective and ly putting the cart before the horse. We education is important? Why aren’t we what will enhance academic achieve- are talking about the funding without debating it today, or this afternoon, or ment and accomplishment for their having the debate on what the edu- next Monday, and having votes on it? children. Let’s invest in those pro- cation policy should be. We are not doing that and we ought to grams and let’s have tough account- That is not the way to deal with the be doing that—It is the Nation’s busi- ability measures to make sure we are Federal involvement and participation ness. going to get results. That is what this in sound education policy. We have dif- So this is an important matter for side of the aisle wants to do. ferences about how to do what we policy makers and parents. When they This chart is reflective of what has ought to fund. We have a limited role, hear the leaders of the Senate saying it been happening. The Federal share of granted. Only 7 cents out of every dol- is a priority and it is important, that education funding has declined. This lar that is expended at the local level is we ought to do it, we have to do it, we shows in 1980, elementary and sec- actually provided by the Federal Gov- are committed to doing it, yet we ondary education—it was 11.9 percent ernment, but this is not an unimpor- never do it, they have to ask are we se- in 1980, and it was down to 7.7 percent tant funding stream. rious about this issue. I think these are in 1999. The second part is higher edu- Historically, what we have tried to very serious questions: Are we going to cation, 15.4 percent in 1980, and down to do is debate these issues, resolve these find the time to debate what is on the 10.7 percent in 1999. These indicators questions, develop a policy, and then minds of most families in this country? are going down when they ought to be fund that policy. But we have not had How their children are going to get the going up. That is basically the issue of that opportunity. This is in spite of the best possible education? What are we choice. fact that we have had a lot of bold going to do at the local level, State If you look at what is happening in statements about the importance of level, and Federal level to try to be terms of allocation of priorities in the education. able to achieve it? This is a matter of elementary and secondary education, We had our majority leader in Janu- very considerable concern. we are seeing the collapse of the na- ary of this year saying: Secondly, I remind our colleagues tional commitment in terms of edu- Education is going to be a central issue that education is only 2.3 percent of cating children in this country. This is this year. For starters, we must reauthorize the Federal fiscal year 2000 budget. De- wrong. We are talking about priorities, the Elementary and Secondary Education fense is 15 percent. Interest on the debt and I think this is an issue that will Act. That is important. is 12.3 percent. Entitlements are 12.6 have to be a matter before the country That is what I wish we had the oppor- percent. Medicare is 6.5 percent. Medi- in this national election. tunity to do. However, it has been 6 care is 11.1 percent. Social Security is We have seen in the eighties and weeks since we had that legislation. We 22.5 percent. Nondefense discretionary coming into the nineties a gradual de- had it before the Senate 6 days, and 2 is 17.1 percent. cline in Congress assisting local com- days we had debate only. We had eight I don’t think that is what American munities, at a time when there has amendments, and three of those were families think is a priority. This insti- been an exploding population in K–12. unanimously accepted. There were only tution is about prioritizing for the There are scarcer resources going to S5728 CONGRESSIONAL RECORD — SENATE June 23, 2000 assist local communities, as we have portunity to provide $1.6 million for quest, denying more than 644,000 low- been able to acquire an increasing after-school activities to keep children income middle and high school stu- knowledge and awareness about efforts off the streets, away from drugs and dents the support they need for early that are actually working and enhanc- out of trouble, and help them with college preparation and awareness ac- ing academic achievement. their studies. tivities. That is the dilemma. That is the di- Of all the requests for resources for It does nothing to increase the fund- lemma with the budget resolution. The programs by local communities, per- ing for Teacher Quality Enhancement Republican budget resolution allocated haps the highest number of requests is Grants, so that more communities can a certain amount of resources for the for after-school programs. They are recruit and retain better qualified Labor-HHS-Education appropriations working, they are effective, and they teachers. bill. I admire the work that has been are keeping children out of trouble and It slashes funding for Head Start by done by my colleagues, Senator HARKIN enhancing academic achievement. $600 million below the President’s from Iowa and Senator SPECTER from These programs are being cut. budget, denying 50,000 low-income chil- Pennsylvania. In spite of their best ef- It eliminates the bipartisan commit- dren critical preschool services. forts, because there has been a reduced ment to help communities across the It slashes funding for dislocated allocation for their budget, there is country reduce class size in the early workers by $181 million below the going to be a cutback in many of the grades. The federal Class Size Reduc- President’s request, denying over programs which make a vital dif- tion program is making a difference. 100,000 dislocated workers much-needed ference in educating the children of For example, in Columbus Ohio, class training, job search, and re-employ- this country. sizes in grades 1–3 have been reduced ment services. It does not have to be that way. In- from 25 students per class to 15 stu- It reduces funding for Adult Job cluded in this budget is a tax cut of dents per class. We need to invest more Training by $93 million below the some $718 billion over 10 years. When in this program, so that communities President’s request, denying 37,2 and there is an allocation for a tax cut of can continue to reduce class sizes. the second part is higher education 00 $718 billion, there is going to be a short It cuts funding for Title I by $166 mil- adults job training this year. shrift of some programs, and in this in- lion below the President’s request, re- If this program goes through, in stance it is education. The American ducing or eliminating services to terms of trade with China, we know people ought to understand that. I be- 260,000 educationally disadvantaged there are going to be sectors of our lieve it is a higher priority to invest in children to help them master the ba- economy that are going to do very children and in programs that work sics and meet high standards of well, but there are others that are rather than having tax breaks for achievement—260,000 fewer children going to be adversely impacted. wealthy individuals and corporations will be able to benefit from that pro- Rather than cutting back and slash- of this country. gram. ing training programs for workers who This ought to be an issue during the It reduces the funding for the Read- are going to be dislocated, we ought to course of this election because if we are ing Excellence Act by $26 million below be strengthening those programs, if we not going to see any departure or the President’s request, denying serv- are going to be fair and have a fair and change in the leadership in the House ices to help 100,000 children become balanced policy on the issues of trade. or the Senate, we will continue to see successful readers by the end of the We are going in the wrong direction. this decline in assisting in education. third grade. What sense does that It cuts youth opportunities grants by That is irrefutable. make? We ought to be enhancing our $200 million below the President’s re- I am going to review for the Senate effort to ensure literacy among chil- quest, eliminating the proposed expan- what has happened to some programs dren in our country. We know what sion to 20 new communities, reducing that have focused on the enhancement works. Instead, they are cutting back the current program by $75 million, of education. There are cutbacks by on that effort which has been very suc- and denying 40,000 of some of the most the Republican leadership in allocating cessful. disadvantaged youth a bridge to the resources to the Senate appropriations It slashes funding for Safe and Drug skills and opportunities of our strong subcommittee because they want a Free Schools by $51 million below the economy and alternatives to welfare large tax break over a period of years. President’s request, denying commu- and crime. Democrats have some tax breaks, nities extra help to keep their students It slashes Summer Jobs and Year- about a third of what the Republicans safe, healthy, and drug-free, with the Round Youth Training by $21 million want. We have about a third of the cut, development of conflict resolution pro- below the President’s request, reducing but we enhance the programs that are grams to help schools and school teach- the estimated number of low-income working. That is the major difference. ers have more orderly, disciplined youth to be served by over 12,000. This is not a time for cuts in edu- classrooms and schools. This program What do you expect these young peo- cation. We need to increase our invest- is used in schools all over this country. ple are going to be involved in? You ment in education to ensure a brighter It is not going to resolve all the prob- don’t think they are going to look for future for the Nation’s children. Unfor- lems of school violence and school dis- other routes? And then we are going to tunately, the bill approved by the cipline, but it is enormously helpful have complaints about the problems in House of Representatives is a major re- and useful in trying to help teachers, terms of an increase in violence and treat from these priorities. It slashed parents, and officials in local commu- dangerous behavior when we are basi- funding for education by $2.9 billion nities to make schools safer and drug- cally underserving and failing in terms below the President’s request. The free. of meeting these requirements—all be- House bill is even worse than the bill This bill does nothing to help com- cause we are trying to save money for that is before the Senate. Unless we are munities meet the most urgent repair a tax break for wealthy individuals. going to enhance some of these pro- and modernization needs. That is the alternative. grams during the debate next week, These needs are especially urgent in The Senate bill does take some posi- then we cannot expect, when the House 5,000 schools across the country. We tive steps towards better funding for and Senate meet, that there is going to have the GAO study that says it will higher education. be a compromise that is not going to cost $112 billion to repair and mod- It does increase the Pell grant by $350 have a further diminution of our com- ernize schools so that children go to to $3,650. This is enormously impor- mitment than what is before the Sen- school in buildings that are modern tant. ate at this time. and safe, and not overcrowded. The ad- The average income for those fami- The House bill zeros out critical ministration has come up with a very lies is $9,000. If you take children with funds to help States turn around fail- modest program to help schools in this similar academic test results—not that ing schools. It slashes funding for 21st effort. This effectively turns its back test results are the only indicator; but century learning center programs by on that effort. let’s take those—that makes it even $400 million below the President’s re- It slashes funding for GEAR UP by more extraordinary because these chil- quest, denying 900 communities the op- $125 million below the President’s re- dren who are coming from low-income June 23, 2000 CONGRESSIONAL RECORD — SENATE S5729 and lower-middle income families don’t no provisions to target the funds to By all accounts, Republicans are have the advantages that many other high poverty districts. This is unac- working amongst themselves on the children have in taking these prep ceptable, when it is often the neediest Patients’ Bill of Rights. They are courses for the SATs and other college students that are in the largest classes. working in the middle of the night, be- aptitude tests. But if you take children The national class size average is hind closed doors, to produce a par- with the same academic test results, just over 22 students per class. But, in tisan bill that will surely fail the test the chance for children in the lower many communities—especially in of true reform. The crocodile tears quarter percentile to continue in high- urban and rural communities—class were flowing from the eyes of the Sen- er education is 25 percent of what it sizes are much higher than the na- ate Republican leadership on June 8 would be if they were in the top third tional average. when we took the bipartisan, House- of income. Mr. President, 82 percent of In 1998, the publication Education passed Managed Care Consensus Act to children in the top third income brack- Week found that half of the elementary the floor for its first Senate vote. That et continue in higher education. And teachers in urban areas and 44 percent legislation, which passed the House for just the children who are eligible, of the teachers in nonurban areas had with overwhelming bipartisan support 25 percent of them continue in higher classes with 25 or more students. last year, is a sensible compromise education from the lower income Next week, we will have the oppor- that extends meaningful protections to bracket. tunity to address education in this all patients and guarantees that health We are finding the disparity in edu- pending Senate appropriations bill. plans are held accountable when their cation increasing. We made the efforts Democrats will offer amendments to abuses result in injury or death. years ago, starting in the 1960s, with address as many of these critical needs Democratic Conferees sent a letter to Republican and bipartisan support, to as possible. I intend to offer an amend- Senator NICKLES on June 13. In that try to see that there was not going to ment to increase funding for Title II of letter, we reiterated that we remained be enormous disparity in the area of the Higher Education Act, to help com- ready to negotiate on serious proposals education. That is increasing now. The munities recruit and train prospective that provide a basis for achieving danger we are facing is whether we are teachers and put a qualified teacher in strong, effective protections. But the going to see it further increase in the every classroom. In addition, I will Assistant Majority Leader has not re- areas of technology. offer an amendment to increase fund- sponded. The silence is deafening. There has been a funding increase of ing for skills training by $792 million The gap between the Senate Repub- $1.3 billion in IDEA, which I strongly to ensure the Nation’s workers get the lican plan and the bipartisan legisla- support. I remember offering the support they need in today’s work- tion enacted by the House in the Nor- amendment last year when we had the place. wood-Dingell bill is wide. And the in- tax bill. It was $780 billion over 5 years, Senator MURRAY will offer an amend- transigence of the Republican con- to fully fund the IDEA. That would ment to continue the bipartisan com- ferees is preventing adequate progress. have taken a fifth of the tax bill. And mitment we have made over the last Make no mistake. We want a bill it went down in a resounding defeat. It two years to help communities reduce that can be signed into law this year. was a pretty clear indication that the class size in the early grades. There is not much time left. We need Republican leadership won’t fully fund Senator HARKIN and Senator ROBB to act now. The Republican leadership IDEA for a tax cut, but will try to fund will offer an amendment to ensure that continues to refuse to guarantee mean- the IDEA even if it means cutting back communities get the help they need to ingful protections to all Americans. in some of these very important pro- meet the most urgent repair and mod- They continue to delay and deny ac- grams that reach out to the neediest ernization programs. tion on this critical issue. This debate children. Senator DODD will offer an amend- is about real people. It is about women, Once again, the Republican leader- ment to increase funding for the 21st children, and families. ship has put block grants ahead of tar- Century Learning Centers Program, so This issue is a very basic and funda- geted funding for education reforms. more children will have the oppor- mental issue. It is whether doctors, Block grants are the wrong approach. tunity to attend after-school activities. nurses, and families are going to make They prevent the allocation of scarce Senator BINGAMAN will offer an the medical decisions for patients free resources to the highest education pri- amendment to help States turn around of the decisions of the accountants for orities. They eliminate critical ac- failing schools. the HMOs. That is what this bill is countability provisions that ensure Senator REED will offer an amend- really all about. That is why over 300 better results for all children. The ment to increase funding for the GEAR organizations support our particular block grant approach abandons the na- UP programs, so more children will be proposal: patients organizations, every tional commitment to improve edu- able to attend college. women’s organization, every child’s ad- cation by encouraging proven effective Other colleagues will offer additional vocate, every cancer prevention and reforms of public schools. amendments to increase the Nation’s treatment organization is for us, every Block grants are the wrong direction investment in education. The time is medical organization—including strong for education and the wrong direction now to invest more in education. The support from the American Medical As- for the Nation. They do nothing to en- Nation’s children and families deserve sociation. None of these organizations courage change in public schools. no less. support the Senate Republican pro- The bill includes $2.7 billion more for Mr. President, I want to just take a gram or the lack of progress in the con- the title VI block grant, but it elimi- moment of the Senate’s time to speak ference. nates the Federal commitment to re- on where we are on the Patients’ Bill of A third of all the Republicans in the ducing class size. It does nothing to Rights. House of Representatives supported the guarantee funds for communities to ad- The American people have waited Dingell-Norwood bill. Now we have ef- dress their urgent school repair and more than 3 years for Congress to send fectively 49 Members of the Senate who modernization needs. the President a Patients’ Bill of Rights are supporting the Dingell-Norwood It is unconscionable to block grant that protects all patients and holds legislation. To just get a majority, one critical funds that are targeted to the HMOs and other health plans account- would think the changes that would neediest communities to reduce class able for their actions. have to be made in this would be ex- size. Under the bipartisan Class Size Every day the conference on the Pa- tremely easy. I don’t think they are Reduction Program that has received tients’ Bill of Rights fails to produce that complex. But we still have the Re- bipartisan support for the past 2 years, agreement on meaningful patient pro- publican leadership denying us the funds are distributed based on a for- tections, 60,000 more patients endure chance to do it. mula that is targeted to school dis- added pain and suffering. More than I am always interested in the silence tricts 80 percent by poverty and 20 per- 40,000 patients report a worsening of on the other side. I asked: In this Pa- cent by population. But under the title their condition as a result of health tients’ Bill of Rights, which we have VI block grant, funding is distributed plan abuses. This is happening every basically supported on our side, which based solely on population—it includes single day we fail to take action. one of these guarantees do you not S5730 CONGRESSIONAL RECORD — SENATE June 23, 2000 want to provide for your families and going to guarantee that? Or are we meaningful protections for all patients for your constituents? going to prohibit the gag rule so doc- and guarantees accountability when The first one is to protect all pa- tors can give the most accurate infor- health plan abuse results in injury or tients with private insurance. This is mation on various treatments? I hope. death. The question is ‘‘will we’’? the difference. Under the Democratic Are we going to ensure external and in- The American people are waiting for proposal, there are 161 million Ameri- ternal appeals as well as account- an answer. cans who are covered. Under the Sen- ability? Are we going to ensure emer- The PRESIDING OFFICER. The dis- ate Republican program, there are only gency room access? I would think so. tinguished Senator from Georgia is rec- 48 million. Under the bipartisan House Which of these protections do the Re- ognized. of Representatives program, it is 161 publicans not want to guarantee to the f million. We ought to be able to decide American people? That is the question that pretty easily. Do we want to cover we are asking. The American people MORNING BUSINESS everyone, which is 161 million, or are are entitled to an answer. Three hun- Mr. COVERDELL. Mr. President, I we going to cover only 48 million? If dred organizations that represent the ask unanimous consent that the Sen- you put people together in a room, American people say they are entitled ate proceed to a period of morning they have to be able to come out with to it. We ought to be doing something business with Senators permitted to some number. The Republican bill about it. speak for up to 10 minutes each. leaves out millions of Americans. I find Every day, we find out that Ameri- The PRESIDING OFFICER. Without it absolutely extraordinary to think cans are being harmed. We were able to objection, it is so ordered. that we wouldn’t provide protections get bipartisan legislation through the f for all Americans. House of Representatives. At the dead Do we want to leave out the 23 to 25 end of our conference, the courageous VICTIMS OF GUN VIOLENCE million State and local employees— Congressmen, Mr. NORWOOD and Mr. Mr. HARKIN. Mr. President, it has teachers, firefighters, police officers, GANSKE, came over and indicated that been more than a year since the Col- public health nurses, doctors, garbage they believe we are not making umbine tragedy, but still this Repub- collectors, et cetera? Do we want to progress. They support our efforts in lican Congress refuses to act on sen- leave them out? They were left out of the Senate. Two prominent doctors sible gun legislation. the Senate bill sponsored by the Re- who happen to be Republicans strongly Since Columbine, thousands of Amer- publicans. We included them. support our effort in the Senate to get Do you want to leave out those who icans have been killed by gunfire. Until action. we act, Democrats in the Senate will are the self-employed—farmers, child We reject the concept that this is read some of the names of those who care providers, cab drivers, people who just a political ploy. It is interesting to lost their lives to gun violence in the work for companies that don’t provide me, having been here for some time, past year, and we will continue to do so insurance, contract workers, workers that whenever you agree with the every day that the Senate is in session. who are between jobs and unemployed? other side, it is wonderful and you are In the name of those who died, we We cover them, 12 to 15 million people. a statesman. If you differ, you are a will continue this fight. Following are The Republican bill does not cover politician; it is done for political pur- the names of some of the people who them. poses. We have listened to that all the were killed by gunfire one year ago The bipartisan legislation that we time. We heard it last night on pre- today. support and which we voted on in the scription drugs. We heard it on hate June 23, 1999: Senate on June 8 covers everyone. But crimes. We heard it with regard to the Abdalla Al-Khadra, 23, Salt Lake the Senate Republican leadership says Patients’ Bill of Rights. ‘‘no’’ to farmers, truck drivers, police The American people understand the City, UT; officers, teachers, home day care pro- importance of this legislation. We want Khari Bartigan, 18, Boston, MA; viders, fire fighters, and countless oth- to give assurances to the American Joseph Coats, 26, Chicago, IL; ers who buy insurance on their own or people, we are not letting up on this Wendell Gray, 22, Chicago, IL; work for state or local governments. issue. We are going to press this issue Derwin K. Harding, 21, Oklahoma Republican conferees steadfastly refuse on the Patients’ Bill of Rights. We are City, OK; to cover all Americans. Their flawed going to press it, and press it, and press Hosey Hemingway, 27, Miami-Dade approach leaves out two-thirds of those it until we get the job done. County, FL; with private health insurance—more We are going to do the same with Teresa Hemingway, 30, Miami-Dade than 120 million Americans. prescription drugs, so our friends on County, FL; The protections in the House-passed the other side ought to get familiar Steven Henderson, 17, Baltimore, bill are urgently needed by patients with it. Just as we are going to come MD; across the country. Yet, the Repub- back to the issue of minimum wage, we Jim Johnson, 31, Dallas, TX; lican leadership is adopting the prac- are going to come back to it, and back Monique Trotty, 22, Detroit, MI; tice of delay and denial that HMOs so to it, and back to it, if you want to Nichole Vargas, 18, Chicago, IL; often use themselves to delay and deny dust off your speeches already and say Unidentified male, San Francisco, patients the care they need. It’s just as that that is politics. CA. wrong for Congress to delay and deny The idea of guaranteeing someone These names come from a report pre- these needed reforms, as it is for HMOs who works 40 hours a week, 52 weeks of pared by the U.S. Conference of May- to delay and deny needed care. the year, that they are not going to ors. The report includes data from 100 We have listened to statements on live in poverty is a fairness issue which U.S. cities between April 20, 1999, and the other side that, ‘‘This is all poli- the American people understand. We March 20, 2000. The 100 cities covered tics. This is all politics.’’ We are ask- ought to guarantee that minimum range in size from Chicago, IL, which ing: What is politics, to try to include wage for work in America. You can has a population of more than 2.7 mil- everyone? What is politics is not in- name it or call it anything you want, lion, to Bedford Heights, OH, with a cluding them and being in the debt of as long as we vote on it and get it and population of about 11,800. the HMOs and the industry. That is the make sure they get the fair increase Mr. President, I yield the floor. politics. they deserve. f So we ask, what is it that we don’t I thought we would have the chance want to provide—which one of over to get into the debate and discussion INTERNATIONAL PARENTAL twenty different protections? Are we on a number of these issues, but we are KIDNAPPING AND GERMANY going to deny access to specialists? Are not having that opportunity today. I Mr. DEWINE. Mr. President, I am we not going to permit clinical trials? look forward to debating the issues the troubled—deeply troubled. I am trou- Are we going to refuse women access to first of the week. bled by a report in the Washington OB/GYNs? What about prescription Mr. President, Congress can pass bi- Post that—yet again—illustrates Ger- drugs that doctors give; are we not partisan legislation that provides many’s reluctance to return American June 23, 2000 CONGRESSIONAL RECORD — SENATE S5731 children who have been kidnapped by a taken’’ to speed up the German court cases (The London Evening Standard, parent and taken to Germany. The process and make changes in German 6/1/00), repeatedly asked Germany to Post article details the latest event in law to allow visitation rights for those address the difficulty his country is the continuing international struggle parents previously prevented from see- having in getting French children re- that American Joseph Cooke has en- ing their children at all. Although the turned. In response, Chancellor Schroe- dured as he seeks the return of his chil- Chancellor acknowledged that it would der agreed to create a ‘‘working group’’ dren. As my colleagues may recall, be difficult to reverse German custody between the two nations to reach some German Chancellor Gerhard Schroeder decisions, he assured President Clinton resolution. While this working group recently promised President Clinton that this soon-to-be-created commis- was created a year ago, results have during the President’s visit to Europe sion would work on providing the so- yet to come in on its effectiveness. that Germany would help Mr. Cooke called left-behind parents access to Given France’s experience, it is crucial and grant him and his family visitation their children. that we hold Chancellor Schroeder to rights. Well, despite this promise at But now, as the Washington Post re- his word and see to it that his words the highest levels government, the ports, Germany is restricting visita- are not just empty promises made in Kostanz Special Service for Foster tion of the Cooke children’s American an attempt to improve a tarnished Children now is limiting the access grandmother from open, six-hour visits image in the international community. that Joseph Cooke’s mother has to vis- to supervised, two-hour visits in a psy- Assistant Secretary of State for con- iting her grandchildren—apparently as chologist’s office. We must take a very sular affairs, Mary Ryan will be in Ger- a punishment for all the recent media tough stance against this, Mr. Presi- many this weekend where, according to attention the case has received. This is dent. We must judge Germany by its the Washington Post, ‘‘she will be rais- outrageous, Mr. President. And it sim- recent actions—not its recent words— ing this specific issue with every per- ply cannot be tolerated. recent, empty words. We must hold son she meets in the German govern- Let me take a moment to review the Germany to its promises and see to it ment.’’ I am encouraged to see that our events that have led to where we are their government matches words with State Department has indicated that it today on this issue. At the recent Euro- deeds and returns every single Amer- is outraged by Germany’s action—per- pean conference on ‘‘Modern Govern- ican child. haps now, they will take these kinds of ance in the 21st Century,’’ President Given Germany’s reversal on the visi- cases seriously and take some type of Clinton met with Chancellor Schroeder tation agreement, I am even more significant action against Germany. to discuss several pressing inter- skeptical now about the sincerity of Never-the-less, I urge her and our State national concerns. One issue, in par- Germany’s commitment to return kid- Department and President Clinton to ticular—one I had urged President napped children. I say that partly be- not take Germany’s broken promises Clinton to raise with the Chancellor— cause German officials have repeatedly lightly. We must insist that the Ger- was the tragic situation of U.S. chil- blamed their non-compliance on the mans reverse these restrictions on visi- dren being abducted by a parent and independence of their judiciary system. tation, otherwise there is absolutely no taken to Germany. They say that they are reluctant to reason to set up the commission. It was necessary to raise this issue challenge court rulings because the Mr. President, we cannot tolerate lip with Chancellor Schroeder because par- courts are separate and independent service from our allies. We must hold ents—and not just American parents, from the parliament. Chancellor the German government’s feet to the either—have had a very difficult time Schroeder even likened such inter- fire. No excuses should be accepted by getting their children back when they ference to the days of Nazi Germany, the parents of these children, nor by have been abducted and taken to Ger- when he told a German newspaper that: this Senate, nor by this Congress, nor many. Although Germany has signed ‘‘We have always fought for the well- by the American people. This must be the Hague Convention, our ally—yes, being of the children to be at the core a priority. our ally—has not taken their obliga- of divorce and custody cases. That is f tions under the Convention seriously. the only standard. The times in which In fact, from 1990 to 1998, only 22 per- Germany would routinely change the PRESCRIPTION DRUG AMENDMENT cent of American children for whom decisions of the courts [during the Nazi OF SENATOR ROBB Hague applications were filed were re- era] are over, thank God’’ (Reuters, 6/1/ Mr. REED. Mr. President, I rise turned to the United States from Ger- 00). today to express my disappointment many—and that percentage includes I find that argument very interesting with the outcome of the vote that oc- those who were voluntarily returned by since the United States has a very curred last evening here in the Senate. the abducting parent. independent judiciary branch, yet we I am referring to the vote on Senator Last month, I spoke on the floor return children in 90% of all inter- ROBB’s amendment concerning a Medi- about the Joseph Cooke case—a case national abduction cases. And, our re- care benefit for prescription drugs. that illustrates perfectly Germany’s turn rate of German children, specifi- Last night, we had an opportunity to reluctance to return kidnapped chil- cally, is equally high. Even according give millions of elderly and disabled dren. In Mr. Cooke’s case, his wife took to the German Justice Ministry’s own Americans something they desperately their two children to Germany, and figures, from 1995 to 1999, there were 116 require, a universal prescription drug without his knowledge, turned them cases of German parents demanding benefit. Yet, this measure was de- over to the German Youth Authority. children back from the United States. feated, mostly along party lines, by a Despite Mr. Cooke’s desperate at- Of those cases, the U.S. courts refused vote of 44–53. Our nation’s seniors de- tempts to get his children back, a Ger- to return the children in only four serve better. man court decided that they were bet- cases. During those same five-years, The need for a prescription drug ben- ter off with a German foster family there were 165 known cases in which a efit under Medicare has grown each and than with their American father. Only parent living in the United States every year. Advances in medical after President Clinton’s meeting with wanted his or her children returned science have revolutionized the prac- Chancellor Schroeder and only after from Germany. Yet, in 33 of those tice of medicine. And the proliferation Mr. Cooke’s case received considerable cases, German courts declined to re- of pharmaceuticals has radically al- publicity and media attention, did Ger- turn the children (AP Worldstream, 6/2/ tered the way acute illness and chronic many agree to help Joseph Cooke. 00). disease are treated and managed. The Germans promised to allow Mr. Mr. President, I am also concerned These remarkable advances, however, Cooke and his family visitation with about Germany’s offer to create a have not come without a cost. Since his children. The Germans also prom- ‘‘working group’’ with the United 1980, prescription drug expenditures ised to form a working group with the States given the result of a similar have grown at double digit rates and United States to examine pending ab- promise Germany made to France. prescription drugs constitute the larg- duction cases. Chancellor Schroeder French President Jacques Chirac, who est out-of-pocket cost for seniors. For agreed to ‘‘think about organizational has characterized Germany as applying millions of seniors, many of whom are and institutional consequences to be ‘‘the law of the jungle’’ in abduction living on a fixed income and do not S5732 CONGRESSIONAL RECORD — SENATE June 23, 2000 have a drug benefit as part of their strong economic prosperity, we should solve, and I consequently voted ‘‘no’’ health insurance coverage, access to all feel compelled to seize this oppor- on the amendment and yes on the more these new medicines is beyond reach. tunity to strengthen and enhance reasonable Hatch amendment. I pledge Even more alarming, it is estimated Medicare for the new millennium. to my constituents that I will support that 38 percent of seniors pay $1,000 or f aggressive state prosecution of hate more for prescription drugs annually, crimes, and I will continue to work to HATE CRIMES AMENDMENT while 3 in 5 Medicare beneficiaries lack maintain safe communities, including a dependable source of drug coverage. Mr. GRAMS. Mr. President, as hate- actively supporting legislation that This lack of reliable drug coverage for crimes legislation was recently debated furthers that end. today’s seniors is reminiscent of the and voted on by the United States Sen- f lack of hospital coverage for the elder- ate, I would like to briefly explain my ly prior to the creation of Medicare. vote on this issue. I believe that all INTERNET TAX MORATORIUM AND Back in 1963, an estimated 56 percent of victims of crime, and most certainly EQUITY ACT seniors lacked hospital insurance cov- victims of violent crime, are deserving Mr. BREAUX. Mr. President, I am erage. Today, after all our investments of special status. After due process has pleased to join my colleague, Senator in health care and prevention, 53 per- been afforded and guilt determined, DORGAN, in introducing legislation des- cent of seniors still lack a prescription perpetrators of crimes should be pun- ignated to address the issue of Internet drug benefit. ished speedily for the peace of the com- sales taxation. The need for a Medicare prescription munity and to bring some measure of As a consumer, I know first-hand how drug benefit is a top concern for the el- resolution for the victim. However, cre- popular, simple and easy it is to buy derly and disabled in my home state of ating different classifications of vic- items over the Internet. In fact, the Rhode Island. Many seniors continue to tims, and rendering punishment based Internet saved me at Christmas when I be squeezed by declines in retiree upon such classifications threatens the bought last-minute gifts for my wife, health insurance coverage, increasing notion of ‘‘Equal Justice Under Law,’’ four children and our two little grand- Medigap premiums and the capitation the principle that adorns the United daughters. of annual prescription drug benefits at States Supreme Court building and But, as a member of both the Senate $500 or $1000 under Medicare managed should suffuse our entire legal system. Finance and Commerce committees, I care plans. Mr. President, seniors in Violence itself, whether motivated by also know Congress has an obligation my state are frustrated and burdened hate, revenge, greed, lust, envy, or to examine how these same, tax-free both financially and emotionally by some other evil motivation, threatens Internet sales can financially harm the lack of a reliable prescription drug the peace of our communities and our businesses and state governments. benefit. citizens’ sense of security. The Ken- Senator DORGAN’s bill balances the While the need for a prescription nedy amendment would include minor concerns of state and local govern- drug benefit is clear and the desire on crimes against property within the def- ments with the importance of main- the part of some members of Congress inition of hate crimes, but would not taining easy access to Internet serv- is there, action on Medicare prescrip- have included such heinous acts as the ices. It allows state and localities to tion drug legislation has been slow. Oklahoma City federal building bomb- enter into an interstate compact for The Senate Finance Committee has ing, or the school shooting at Col- the purpose of simplifying their sales held a series of hearings on the subject umbine High School, both of which left tax systems for remote sales. Once 20 of Medicare prescription drugs, how- lasting, painful memories for the local states have joined the compact, Con- ever, the committee to date has been communities in Oklahoma and Colo- gress can disapprove of their efforts. If unable to produce a bill. rado, and even the Nation as a whole. Congress does not act, those states In May, I joined Senator DASCHLE Rather than focusing on the par- that have joined the compact and sim- and several of my Democratic col- ticular motivation of the criminal, plified their sales tax systems, will be leagues, in introducing S. 2541, the Congress and the states should provide authorized to collect sales tax on the Medicare Expansion of Needed Drugs law enforcement officials the resources purchases their citizens make over the Act. This legislation seeks to provide necessary to fully prosecute all crimes. Internet. millions of elderly and disabled Ameri- The diligent enforcement of existing Our proposal, recognizing that col- cans with an adequate, reliable and af- laws will serve as an effective deter- lecting taxes must not be overly bur- fordable source of prescription drug rent against criminal acts motivated densome for online retailers, also pro- coverage. by bigotry and hate, or any other dis- vides a collection fee for all Internet The MEND Act embodies the prin- tasteful compulsion. A more com- retailers who collect these taxes. It en- ciples that I believe are necessary for prehensive strategy than what is em- sures Internet purchases are not sin- an adequate prescription drug benefit— bodied in the Kennedy amendment is gled out for special tax treatment at it is voluntary, accessible to all sen- warranted in light of the fact that in the expense of neighborhood busi- iors, affordable, provides a reliable ben- 1998 there were 16,914 murders com- nesses, and state and local govern- efit and is consistent with broader mitted in the United States (an aver- ments. This restores equality, a key as- Medicare reform. age of 46 every day), and of the 16,914, pect of any good tax system, without Last evening, the Senate had a real only thirteen were deemed to be hate placing an unfair burden on anyone. I and possibly its only opportunity to crimes. believe that this is a fair and equitable enact a prescription drug benefit when I supported the Hatch amendment, bill that takes reasonable steps to ad- Senator ROBB offered an amendment which studies how extensive the hate dress the concerns of both online re- during the consideration of the fiscal crimes problem is and whether these tailers and state and local govern- year 2001 Labor, Health and Human heinous crimes are being fairly and ag- ments. Services, and Education appropriations gressively prosecuted in the same man- We all agree Internet access should bill that would have provided a uni- ner as other similar crimes. I also wel- not be taxed, and that states and local- versal Medicare prescription drug ben- come the Justice Department technical ities should not be allowed to impose efit to our nation’s seniors. While the and financial assistance to states discriminatory taxes on the Internet. proposal differs slightly from the which need help in pursuing and identi- In fact, Senator DORGAN’s bill extends MEND Act, it embraced the principles fying hate crimes. This is a far better the moratorium on these types of sales that I view as necessary for a good ben- role for the federal government than for another four years. efit. Regrettably, this crucial amend- moving to federalize all state actions But, I ask, is it fair to levy sales ment was defeated. against hate crimes. taxes on a person who buys a book I sincerely hope that the stated de- The Kennedy amendment also raised from his local bookstore, but not his sire of many of my colleagues to create concerns by experts about constitu- neighbor who buys that same book an adequate and affordable Medicare tionality. Ultimately, it threatened to over the Internet? prescription drug benefit will become a create more problems in the criminal I do not think it is fair. It isn’t fair reality this year. During this time of justice system than it purported to to residents who must pay the local June 23, 2000 CONGRESSIONAL RECORD — SENATE S5733 sales tax because they don’t own a the District of Columbia that collect nia, and during this time those who computer. It isn’t fair to local retailers sales tax could be crippled by the budg- voiced opinions against the govern- collecting the tax who must compete etary impact. ment were typically sentenced to 25 with Internet retailers who don’t. And, The Internet offers a more conven- years in a Gulag prison, and 5 years in it isn’t fair to the states and their local ient means of purchasing goods. No exile. The designation of June 23rd as governments that are losing money longer do consumers need to fight traf- Victory Day signifies that all those in- they need to fight crime and fires, and fic, search for a parking space, and deal volved in the crusade for freedom are to give their children a quality edu- with sometimes unhelpful sales people remembered for their efforts, and that cation. in order to purchase an item. This leg- their messages live on. In Louisiana, sales taxes make up 33 islation would further ease on-line pur- Estonia has become a strong inde- percent of all revenues. Economists es- chases by removing the confusing and pendent country since 1991 when it timate that Louisiana could lose up to often misunderstood use tax remission again rid itself of Soviet occupation. It $172 million in state revenues by 2002 policies of states. The consumer would is a free-market economy and has es- because Internet sales are not taxed. be able to take care of any tax ques- tablished a rule of law. Other states are confronted with simi- tions in one transaction. This year we celebrate the 60th anni- lar difficulties. When faced with these Some of my colleagues claim that ap- versary of the refusal by the United facts, it’s no wonder two-thirds of plying existing sales taxes to the Inter- States to recognize Soviet domination Americans support Internet sales net will destroy this powerful news, in- of the Baltic states. The recognition of taxes. formation and commerce medium. I, on Estonia as free and independent is posi- The sales tax is not a new tax. It has the other hand, do not see any signs of tive, but does not go far enough. What been collected by states from their a slowing of the Net. It is growing so we celebrate this year is what we must citizens for more than 100 years. It quickly that we are running out of help to preserve next year and the year should be collected on all sales, regard- Internet addresses. If anything, enact- after that. We must be sure that Esto- less of whether they occur on Main ing this legislation now will enable new nia, Lithuania, and Latvia are admit- Street or the information super- ‘‘e-tailers’’ to adjust their business de- ted into NATO as an unequivocal state- highway. I urge my colleagues to co- sign to adapt to this policy. In addi- ment of the West’s support for Baltic sponsor this important piece of legisla- tion, this fear completely ignores the freedom and independence. Being the son of a Lithuanian immi- tion. fact that these taxes are already due. grant myself, I take great pride in the Mr. CLELAND. Mr. President, I rise They are not collected because it is too accomplishments of the Baltic states. I today in support of S. 2775. From the difficult. support admitting the Baltic states beginning of the debate on the Internet The National Governors Association, Tax Moratorium Act, I have fought for into NATO and I hope my colleagues the National Retail Federation, and here in the Senate will support their the sovereignty of state and local the e-Fairness Coalition are among the elected officials and a level playing entry also in the next round of NATO groups that believe this legislation is a expansion. field for on-line and off-line retailers. proper approach to level the e-com- This bipartisan bill accomplishes both That debate we will save for another merce playing field. I urge my col- day, but I am sure all of my colleagues of these goals by allowing the states to leagues to join with this bi-partisan can agree on the importance of Esto- work together in an Interstate Sales group in supporting the balanced ap- nia’s struggle for freedom and inde- and Use Tax Compact to simplify and proach of S. 2775 that accomplishes one pendence, and will join me in congratu- streamline the existing sales tax sys- of the main goals of the Internet Tax lating Estonia on the 80th anniversary tem in to a blended rate that will en- Freedom Act: to find a way to simplify of Victory Day.∑ able remote on-line and off-line sellers the existing sales and use tax structure f to collect and remit sales taxes with- for remote sellers while the morato- out an undue burden. While states rium remains in place. THE BOSTON CELTICS’ ‘‘HEROES work toward this objective, the current f AMONG US’’ AWARD tax moratorium will be extended four ∑ Mr. KENNEDY. Mr. President, it is a ADDITIONAL STATEMENTS more years. special honor for me today to pay trib- In addition to providing greater eq- ute to the forty-seven outstanding in- uity in the tax treatment of both Inter- CONGRATULATING ESTONIA ON dividuals who have received this year’s net-based and Main Street businesses, ‘‘Heroes Among Us’’ Award from the this legislation also provides means for THE EIGHTIETH ANNIVERSARY OF VICTORY DAY Boston Celtics. on-line retailers to pay their fair share These honorees are men and women in supporting the communities in ∑ Mr. DURBIN. Mr. President, June of all ages who have chosen different which their employees and customers 23rd marks the 80th anniversary of career paths. What they all have in live. Local sales tax revenue contrib- Voidhupuha, or Victory Day, recalling common is the extraordinary contribu- utes to the infrastructure and emer- Estonia’s break from Russian control tions they have made to our commu- gency services of these communities. in 1920. On this holiday, Estonians nity. They are role models for us all. Also of importance is the aid these commemorate the battles during the They demonstrate the fundamental im- funds provide to local education. If the War of Independence in which military portance of the individual in our soci- high-tech community is truly looking forces fought to regain Baltic control ety, by proving that each person can to expand the domestic pool of eligible over the region. On Victory Day Esto- truly make a difference. All of these employees, they should be lauding this nians also celebrate the contributions heroes saw a need to achieve change or legislative approach because of the of all who have fought for the cause of take other action in order to improve support it will provide the local, public independence throughout their coun- the lives of others. school systems. Sales tax revenue will try’s history. This past season was the third season help educate the future programmer, Many lives were lost for the cause of in a row that the Boston Celtics have software developer, or information ar- Estonian independence. Three battles, honored one or more these heroes at chitect for the virtual world of tomor- Roopa, Venden-Ronnenberg, and finally home games for the special contribu- row. Vonnu were the turning points that ul- tions they have made to our society. In As a former state official, I under- timately led to the defeat of the oppos- those three seasons, the Celtics have stand the important role state and ing army. The Tartu Peace Treaty in honored 114 men and women with the local officials play in establishing pub- 1920 marked the end of centuries of ‘‘Heroes Among Us’’ Award, which is lic policy. Although Internet sales rep- struggle and finally granted independ- one of many programs that the Boston resent a small portion of overall con- ence to Estonia. Celtics Charitable Foundation has ini- sumer sales today, Net sales are in- On Victory Day, Estonians also re- tiated. The Foundation is dedicated to creasing every day. Without a level member those who battled against the improving the lives of the youths of playing field between on-line and off- Nazis and the Soviets. From 1944 until New England through innovative out- line retailers, the forty-five states and 1991 the Soviets again occupied Esto- reach initiatives. The Boston Celtic S5734 CONGRESSIONAL RECORD — SENATE June 23, 2000 players actively participate in these EXECUTIVE AND OTHER and Information, Environmental Protection programs in many ways—from washing COMMUNICATIONS Agency, transmitting, pursuant to law, the cars, to raising funds for books for the report of four rules entitled ‘‘Cloquintocet- The following communications were mexyl; Pesticide Tolerance’’ (FRL6592–4), Boston Public Schools, to cleaning up laid before the Senate, together with ‘‘Clodinafop-propargyl; Pesticide Tolerance’’ sites for the development of homes for accompanying papers, reports, and doc- (FRL6590–7), ‘‘Azinphos-Methyl, Revocation low and middle income families in Bos- uments, which were referred as indi- and Lowering of Certain Tolerances: Toler- ton. cated: ance’’ (FRL6557–9), ‘‘Trichoderma Harzianum I commend the Celtics for their com- Rifai Strain T–39: Exemption from the Re- EC–9376. A communication from the Ad- quirement of a Tolerance’’ (FRL6383–7) re- mitment to improving the quality of ministrator of the Foreign Agricultural life for the members of our community, ceived on June 16, 2000; to the Committee on Service, Department of Agriculture, trans- Agriculture, Nutrition, and Forestry. and I commend all of these ‘‘Heroes mitting, pursuant to law, the report of a rule EC–9386. A communication from the Asso- Among Us’’ for their dedication and entitled ‘‘Adjustment of Appendices to the ciate Administrator, Agricultural Marketing their inspiring leadership. I ask unani- Dairy Tariff-Rate Import Quota Licensing Service, Department of Agriculture, trans- mous consent that the names of this Regulation for the 2000 Tariff-Rate Quota mitting, pursuant to law, the report of a rule year’s 47 ‘‘Heroes Among Us’’ may be Year,’’ received on June 12, 2000; to the Com- entitled ‘‘Changes in Fees for Federal Meat mittee on Agriculture, Nutrition, and For- printed in the CONGRESSIONAL RECORD. Grading and Certification Service’’ (RIN0581– estry. AB83) received on May 25, 2000; to the Com- RECIPIENTS OF THE 1999–2000 BOSTON CELTICS’ EC–9377. A communication from the Ad- mittee on Agriculture, Nutrition, and For- ‘‘HEROES AMONG US’’ AWARD ministrator of the Farm Service Agency, De- estry. 1. Charles McAfee. partment of Agriculture, transmitting, pur- EC–9387. A communication from the Asso- 2. Andre John. suant to law, the report of a rule entitled ciate Administrator, Agricultural Marketing 3. Eric Dawson. ‘‘Agricultural Disaster and Market Assist- Service, Department of Agriculture, trans- 4. Stephen DeMasco. ance’’ (RIN0560–AG14) received on June 2, mitting, pursuant to law, the report of a rule 5. Anthony ‘‘Rags’’ LaCava. 2000; to the Committee on Agriculture, Nu- entitled ‘‘Tobacco Fees and Charges for Man- 6. Scott L. Pomeroy. trition, and Forestry. datory Inspection; Fee Increase’’ (RIN0581– 7. Dr. Thomas Treadwell. EC–9378. A communication from the Ad- AB87) received on May 25, 2000; to the Com- 8. Robert McKcan. ministrator of the Food and Nutrition Serv- mittee on Agriculture, Nutrition, and For- 9. Nancy Schwoyer. ice, Department of Agriculture, transmit- estry. 10. Dr. Louis Kunkel. ting, pursuant to law, the report of a rule en- EC–9388. A communication from the Asso- 11. Robert Watson. titled ‘‘National School Lunch Program and ciate Administrator, Agricultural Marketing 12. Robert Arnold. School Breakfast Program: Identification of Service, Department of Agriculture, trans- 13. Dr. Stephen Price. Blended Beef, Pork, Poultry, or Seafood mitting, pursuant to law, the report of a rule 14. John Kennedy. Products’’ (RIN0584–AC92) received on June entitled ‘‘Tart Cherries Grown in the States 15. Rachel Sparkowich. 16, 2000; to the Committee on Agriculture, of Michigan, et al.; Authorization of Japan 16. Kathleen Brennan. Nutrition, and Forestry. as an eligible Export Outlet for Diversion 17. Jeannie Lindheim. EC–9379. A communication from the Ad- and Exemption Purposes’’ received on June 18. Kristen Finn. ministrator of the Food Safety and Inspec- 2, 2000; to the Committee on Agriculture, Nu- 19. Padraic Forry. tion Service, Department of Agriculture, trition, and Forestry. 20. Jennifer Noonan. transmitting, pursuant to law, the report of EC–9389. A communication from the Asso- 21. Marjorie Kittredge. a rule entitled ‘‘Elimination of Require- ciate Administrator, Agricultural Marketing 22. Kelly Dolan. ments for Partial Quality Control Pro- Service, Department of Agriculture, trans- 23. Lindsay Amper. grams’’ (RIN0583–AC35) received on June 7, mitting, pursuant to law, the report of a rule 24. Michael Bonadio, Sr. 2000; to the Committee on Agriculture, Nu- entitled ‘‘Refrigeration Requirements for 25. John Pearson. trition, and Forestry. Shell Eggs’’ (RIN0581–AB60) received on June 26. Thomas Forest. EC–9380. A communication from the Under 2, 2000; to the Committee on Agriculture, Nu- 27. Patrick Walker. Secretary for Food, Nutrition, and Consumer trition, and Forestry. 28. The Families of the Fallen Worcester Services, Department of Agriculture, trans- EC–9390. A communication from the Asso- Firefighters. mitting, pursuant to law, the report of a rule ciate Administrator, Agricultural Marketing 29. Billy Ryan. entitled ‘‘Food Stamp Program—Payment of Service, Department of Agriculture, trans- 30. Robert Prince. Certain Administrative Costs of State Agen- mitting, pursuant to law, the report of a rule 31. Reverend Joseph Washington. cies’’ (RIN0584–AB66) received on May 24, entitled ‘‘Avocados Grown in South Florida; Increased Assessment Rate’’ received on 32. Nahid Moussavi. 2000; to the Committee on Agriculture, Nu- June 5, 2000; to the Committee on Agri- 33. Jeraldine Martinson. trition, and Forestry. culture, Nutrition, and Forestry. 34. John Paul Sullivan. EC–9381. A communication from the Sec- EC–9391. A communication from the Asso- 35. Ned Rimer. retary of Agriculture, transmitting, pursu- ciate Administrator, Agricultural Marketing 36. Eric Schwarz. ant to law, the report of a rule entitled Service, Department of Agriculture, trans- 37. Ann Forts. ‘‘Rural Empowerment Zones and Enterprise mitting, pursuant to law, the report of a rule 38. Marti Wilson-Taylor. Communities’’ (RIN0503–AA20) received on entitled ‘‘Fluid Milk Promotion Order; 39. Claudio Martinez. May 24, 2000; to the Committee on Agri- Amendments to the Order’’ received on June 40. Reverend Hammond. culture, Nutrition, and Forestry. 6, 2000; to the Committee on Agriculture, Nu- 41. Laurie and Doug Flutie. EC–9382. A communication from the Direc- trition, and Forestry. 42. Stacey Kabat. tor of the Office of Regulatory Management EC–9392. A communication from the Asso- 43. Detective Tom Chace. and Information, Environmental Protection ciate Administrator, Agricultural Marketing 44. Sister Louise Kearns. Agency, transmitting, pursuant to law, the Service, Department of Agriculture, trans- 45. Sister Jean Sullivan. report of a rule entitled ‘‘Imidacloprid; Pes- mitting, pursuant to law, the report of a rule 46. Ellen Olmstead. ticide Tolerances for Emergency Exemp- entitled ‘‘Revision of User Fees for 2000 Crop 47. Ryan Belanger.∑ tions’’ (FRL6558–4) received on June 6, 2000; Cotton Classification Services to Growers’’ f to the Committee on Agriculture, Nutrition, received on June 6, 2000; to the Committee and Forestry. on Agriculture, Nutrition, and Forestry. MESSAGES FROM THE HOUSE EC–9383. A communication from the Direc- EC–9393. A communication from the Asso- ENROLLED BILLS SIGNED tor of the Office of Regulatory Management ciate Administrator, Agricultural Marketing and Information, Environmental Protection At 11:45 a.m., a message from the Service, Department of Agriculture, trans- Agency, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule House of Representatives, delivered by report of a rule entitled ‘‘Cyprodinil; Exten- entitled ‘‘Revision of Cotton Classification Ms. Niland, one of its reading clerks, sion of Tolerance for Emergency Exemption’’ Procedures for Determining Upland Cotton announced that the Speaker has signed (FRL6590–4) received on June 6, 2000; to the Color Grade’’ (RIN0581–AB67) received on the following enrolled bill: Committee on Agriculture, Nutrition, and June 9, 2000; to the Committee on Agri- S. 1967. An act to make technical correc- Forestry. culture, Nutrition, and Forestry. tions to the status of certain land held in EC–9384. A communication from the Direc- EC–9394. A communication from the Asso- trust for the Mississippi Band of Choctaw In- tor of the Office of Regulatory Management ciate Administrator, Agricultural Marketing dians, to take certain land into trust for that and Information, Environmental Protection Service, Department of Agriculture, trans- Band, and for other purposes. Agency, transmitting, six items relative to mitting, pursuant to law, the report of a rule Pesticide Registration; to the Committee on entitled ‘‘Grade Standards and Classification The enrolled bill was signed subse- Agriculture, Nutrition, and Forestry. for American Pima Cotton’’ (RIN0681–AB82) quently by the President pro tempore EC–9385. A communication from the Direc- received on June 9, 2000; to the Committee (Mr. THURMOND). tor of the Office of Regulatory Management on Agriculture, Nutrition, and Forestry. June 23, 2000 CONGRESSIONAL RECORD — SENATE S5735 EC–9395. A communication from the Asso- INTRODUCTION OF BILLS AND equivalent to the fair market value of ciate Administrator, Agricultural Marketing JOINT RESOLUTIONS a work, but Congress changed the law Service, Department of Agriculture, trans- The following bills and joint resolu- with respect to artists in the Tax Re- mitting, pursuant to law, the report of a rule form Act of 1969. Since then, fewer and entitled ‘‘Kiwifruit Grown in California; tions were introduced, read the first Temporary Suspension of Inspection and and second times by unanimous con- fewer artists have donated their works Pack Requirements’’ received on June 14, sent, and referred as indicated: to museums and cultural institutions. 2000; to the Committee on Agriculture, Nu- By Mr. BAUCUS: The sharp decline in donations to the trition, and Forestry. S. 2780. A bill to authorize the Drug En- Library of Congress clearly illustrates EC–9396. A communication from the Asso- forcement Administration to provide reim- this point. Until 1969, the Library of ciate Administrator, Agricultural Marketing bursements for expenses incurred to reme- Congress received 15 to 20 large gifts of Service, Department of Agriculture, trans- diate methamphetamine laboratories, and manuscripts from authors each year. In mitting, pursuant to law, the report of a rule for other purposes; to the Committee on the the four years following the elimi- entitled ‘‘Revision of Regulations for Per- Judiciary. nation of the deduction, the library re- By Mr. LEAHY (for himself, Mr. BEN- missive Inspection’’ (RIN0581–AB65) received ceived only one gift. Instead, many of NETT, and Mr. LIEBERMAN): on June 14, 2000; to the Committee on Agri- these works have been sold to private culture, Nutrition, and Forestry. S. 2781. A bill to amend the Internal Rev- enue Code of 1986 to provide that a deduction collectors, and are no longer available EC–9397. A communication from the Acting equation to fair market value shall be al- to the general public. Administrator of the Rural Utilities Service, lowed for charitable contributions of lit- For example, prior to the enactment Department of Agriculture, transmitting, erary, musical, artistic, or scholarly com- of the 1969 law, Igor Stravinsky pursuant to law, the report of a rule entitled positions created by the donor; to the Com- ‘‘7 CFR 1728, ‘Specifications and Drawings planned to donate his papers to the mittee on Finance. Music Division of the Library of Con- for Underground Electric Distribution’ ’’ re- By Mr. WARNER (for himself and Mr.. ceived on May 24, 2000; to the Committee on BYRD): gress. But after the law passed, his pa- Agriculture, Nutrition, and Forestry. S. 2782. A bill to establish a commission to pers were sold instead to a private EC–9398. A communication from the Acting examine the efficacy of the organization of foundation in Switzerland. We can no Administrator of the Rural Utilities Service, the National Nuclear Security Administra- longer afford this massive loss to our Department of Agriculture, transmitting, tion and the appropriate organization to cultural heritage. This loss was an un- pursuant to law, the report of a rule entitled manage the nuclear weapons programs of the intended consequence of the tax bill ‘‘7 CFR 1710, ‘General and Pre-Loan Policies United States; to the Committee on Armed Services. that should now be corrected. and Procedures Common to Insured and Over thirty years ago, Congress f Guaranteed Loans’ ’’ (RIN0572–AB52) received changed the law for artists in response on May 30, 2000; to the Committee on Agri- STATEMENTS ON INTRODUCED to the perception that some taxpayers culture, Nutrition, and Forestry. BILLS AND JOINT RESOLUTIONS were taking advantage of the law by EC–9399. A communication from the Con- By Mr. LEAHY (for himself, Mr. inflating the market value of self-cre- gressional Review Coordinator, Animal and ated works. Since that time, however, Plant Health Inspection Service, Department BENNETT, and Mr. LIEBERMAN): of Agriculture, transmitting, pursuant to S. 2781. A bill to amend the Internal the government has cut down signifi- law, the report of a rule entitled ‘‘Noxious Revenue Code of 1986 to provide that a cantly on the abuse of fair market Weeds; Update of Weed and Seed Lists’’ re- deduction equal to fair market values value determinations. Under this legis- ceived on May 25, 2000; to the Committee on shall be allowed for charitable con- lation, artists who donate their own Agriculture, Nutrition, and Forestry. tributions of literary, musical, artistic, paintings, manuscripts, compositions, EC–9400. A communication from the Con- or scholarly compositions created by or scholarly compositions, would be gressional Review Coordinator, Animal and the donor; to the Committee on Fi- subject to the same new rules that all Plant Health Inspection Service, Department nance. taxpayer/collectors who donate such of Agriculture, transmitting, pursuant to ARTIST-MUSEUM PARTNERSHIP ACT works must now follow. This includes law, the report of a rule entitled ‘‘Mexican Mr. LEAHY. Mr. President, I rise providing relevant information as to Fruit Fly Regulations; Removal of Regu- the value of the gift, providing apprais- lated Area’’ received on June 8, 2000; to the today to introduce legislation, the Committee on Agriculture, Nutrition, and ‘‘Artist-Museum Partnership Act,’’ als by qualified appraisers, and, in Forestry. which would encourage the donation of some cases, subjecting them to review by the Internal Revenue Service’s Art EC–9401. A communication from the Con- original works by artists, writers and gressional Review Coordinator, Animal and composers to museums and other pub- Advisory Panel. Plant Health Inspection Service, Department lic institutions, thus ensuring the pres- In addition, donated works must be of Agriculture, transmitting, pursuant to ervation of these works for future gen- accepted by museums and libraries, law, the report of a rule entitled ‘‘Plum Pox’’ erations. This bill would achieve this which often have strict criteria in received on June 1, 2000; to the Committee by restoring tax equity for artists. Art- place for works they intend to display. on Agriculture, Nutrition, and Forestry. ists who donate their self-created The institution must also certify that EC–9402. A communication from the Con- works, like art collectors who donate it intends to put the work to a use that gressional Review Coordinator, Animal and identical pieces, would be allowed to is related to the institution’s tax ex- Plant Health Inspection Service, Department take a tax deduction equal to the fair empt status. For example, a painting of Agriculture, transmitting, pursuant to market value of the work. contributed to an educational institu- law, the report of a rule entitled ‘‘Pine Shoot Under current law, art collectors who tion must be used by that organization Beetle; Addition to Quarantined Areas’’ re- ceived on June 14, 2000; to the Committee on donate works to qualified charitable for educational purposes. It could not Agriculture, Nutrition, and Forestry. institutions may take a tax deduction be sold by the institution for profit. equal to the fair market value of the Similarly, a work could not be donated EC–9403. A communication from the Con- gressional Review Coordinator, Animal and work. This serves as a powerful and ef- to a hospital or other charitable insti- Plant Health Inspection Service, Department fective incentive for collectors to do- tution, that did not intend to use the of Agriculture, transmitting, pursuant to nate works to public museums, gal- work in a manner related to the func- law, the report of a rule entitled ‘‘Pork and leries, libraries, colleges and other in- tion constituting the donee’s exemp- Pork Products from Mexico Transiting the stitutions rather than keep them hid- tion under section 501 of the tax code. United States’’ received on June 14, 2000; to den from the public eye. Unfortu- Finally, the fair market value of the the Committee on Agriculture, Nutrition, nately, artists who create those same work could only be deducted from the and Forestry. works may not take such a deduction. portion of the artist’s income that has EC–9404. A communication from the Con- Instead, artists may only deduct the come from the sale of similar works, or gressional Review Coordinator, Animal and material cost of the work which is, in related activities. Plant Health Inspection Service, Department most cases, a nominal amount. This is In addition to restoring tax equity of Agriculture, transmitting, pursuant to for artists and collectors, this bill law, the report of a rule entitled ‘‘Importa- simply unfair to artists in Vermont, tion of Grapefruit, Lemons, and Oranges and artists across the nation, who want would also correct another disparity in from Argentina’’ (RIN0579–AA92) received on to donate their works for posterity. the tax treatment of self-created June 15, 2000; to the Committee on Agri- Prior to 1969, artists and collectors works—the difference between how the culture, Nutrition, and Forestry. alike were able to take a deduction same work is treated before and after S5736 CONGRESSIONAL RECORD — SENATE June 23, 2000 an artist’s death. While artists may ASSOCIATION OF ART discs are used by the Department of only deduct the material costs of dona- MUSEUM DIRECTORS, Energy’s Nuclear Emergency Search tions made during their lifetime, dona- Washington, DC, May 25, 2000. Team (known as NEST) to respond to Hon. PATRICK LEAHY, incidents of nuclear terrorism or other tions of those same works after death U.S. Senate, Washington, DC. are deductible from estate taxes at the Hon. ROBERT BENNETT, nuclear incidents. fair market value of the work. In addi- U.S. Senate, Washington, DC. The Committee on Armed Services held a hearing, in both open and closed tion, when an artist dies, works that DEAR SENATORS LEAHY AND BENNETT. On behalf of the Association of Art Museum Di- session, earlier this week to hear from are part of his or her estate are taxed rectors (AAMD), I thank you for introducing the Secretary of Energy on this mat- on the fair market value. legislation that would allow artists, com- ter. I must tell my colleagues that I The time has come for us to correct posers and writers to take a deduction of the was not satisfied with all the answers an unintended consequence of the 1969 fair-market value of a contribution of their provided by the Secretary during that own work to a charitable institution. bill and encourage rather than discour- As a result of changes to the tax code in hearing. age the donations of art works by their 1969, visual artists, writers and composers Sadly, this most recent incident is creators. The public benefit to the na- can no longer take a deduction based on the just one more potentially catastrophic tion, when artists are encouraged to fair-market value of a contribution of their security failure in a series of security contribute their works during their own work to a charitable organization. The failures at our important nuclear weap- artists’ deduction is limited to the cost of lifetimes, cannot be overemphasized. It ons labs. I need not remind my col- materials in preparing a work—in the case of leagues that it was just one year ago allows historians, scholars, and the a visual artist, canvas and paint. However, a this week that Congress was in the public to learn directly from the artist collector, making an identical donation, may take the fair market value of the work. midst of an intensive investigation about his or her work. From artists into allegations of Chinese espionage themselves, we can learn how a work Also, once the artist dies, his or her spouse may contribute the work and use the fair- at these very same Department of En- was intended to be displayed or inter- market value as the basis of the donation. ergy labs. preted and what influences affected the As a result, contributions to museums and Under the Rules of the Senate, the artist. libraries by living artists and writers have Committee on Armed Services is re- In Vermont, we were lucky enough to all but disappeared in the last 30 years, de- sponsible for ‘‘the national security as- priving the public of access to its cultural have Sabra Field, a well known artist pects of nuclear energy,’’ which in- heritage, since many of the pieces are sold cludes the DOE nuclear weapons labs. who has been creating wood block abroad or into private collections and never prints for the past 40 years, donate seen again. If instead the works were con- We take this responsibility very seri- over 500 of her own original prints to tributed to a charitable institution, the art- ously. That is why, today, I and Senator Middlebury College, at their behest. ists could, while still alive, provide interpre- tations and insights that would be of enor- BYRD are sending to the desk a bill to With those prints, Middlebury will es- mous benefit to the public in understanding establish a congressional commission— tablish the Sabra Field Collection so 20th century art. with commissioners to be appointed that students of the college as well as Artists like Chuck Close and Sam Gilliam solely by the leadership of the Con- Vermonters and visitors to our state who have achieved a considerable degree of gress—to examine the efficacy of the will be able to view her original works success, would be more willing to share their work with the public through donations to current structure of DOE and to make on display. We Vermonters owe her our major institutions. However, the benefits of recommendations to the Congress on thanks for her incredible generosity. the proposed legislation would not be limited whether the Department of Energy’s Under current law, Ms. Field, whose to major artists and institutions. national security programs—particu- prints have sold for up to $4,000 on the Many smaller museums would benefit from larly nuclear weapons programs— market, was unable to deduct the fair contributions by local artists in the commu- should remain as a semiautonomous market value of the donated works nity who could be important in documenting agency within the Department of En- geographic, ethnic, religious or regional ex- ergy, or be moved to the Department of from her taxes, as a collector of those amples of art. same works would have been able to. In The AAMD, which was founded in 1916 and Defense, or possibly be established as that instance, the public’s gain was Ms. represents 170 art museums nationwide, fully an independent agency, as was the case Field’s loss. This legislation would cre- supports the enactment of this legislation. with the Atomic Energy Commission. Let me be clear, this commission will ate a win-win situation for all. Sincerely, MILLICENT HALL GAUDIERI, not re-examine or make recommenda- The Senate recently recognized the Executive Director. tions regarding the internal structure importance of the arts in our children’s of the NNSA, which was thoroughly re- education when it passed a resolution By Mr. WARNER (for himself and viewed and debated during the Na- designating March 2000 as ‘‘Arts Edu- Mr. BYRD): tional Defense Authorization Con- cation Month.’’ The Artist-Museum S. 2782. A bill to establish a commis- ference last year. Nor will it hinder the sion to examine the efficacy of the or- Partnership Act could make a critical new NNSA Administrator’s efforts to ganization of the National Nuclear Se- difference in an artist’s decision to do- fully establish his new agency. I am curity Administration and the appro- confident that, under General John nate his or her work, rather than sell it priate organization to manage the nu- to a private party, where it may be- Gordon’s leadership, the internal struc- clear weapons programs of the United ture of the NNSA will be sound. To the come lost to the public forever. I can- States; to the Committee on Armed not think of a better way to enhance contrary, the existence of the commis- Services. sion will act as a safeguard against arts education than to encourage the NATIONAL COMMISSION ON NUCLEAR SECURITY those who would seek to impede Gen- donation of art works by living artists, Mr. WARNER. Mr. President, this eral Gordon in carrying out his statu- a few of whom we are lucky enough to legislation on behalf of myself and Sen- tory missions. have in Vermont, to public institutions ator BYRD, believe would establish a There is no higher calling—of any across the nation. commission to examine the Depart- Member of this body or any President— I want to thank my colleagues Mr. ment of Energy; National Security pro- than to protect this great Nation from BENNETT and Mr. LIEBERMAN for co- grams, which I believe will help restore the threats from nuclear weapons. sponsoring this bipartisan legislation. the trust of the American people in the It is my intent to require this com- Mr. President, I would also like to sub- nuclear weapons programs of the mission to report back to Congress in mit to the record a letter from the As- United States. May of next year, to capture both the Mr. President, 2 weeks ago, the Na- sociation of Art Museum Directors, in current and the forthcoming Adminis- tion learned that two identical com- trations’ views on where these pro- support of this bill. puter hard drives, containing highly grams should reside. There being no objection, the letter classified nuclear weapons informa- Mr. President, I ask unanimous con- was ordered to be printed in the tion, were missing at the Los Alamos sent that the bill be printed in the RECORD, as follows: National Laboratory. These computer RECORD. June 23, 2000 CONGRESSIONAL RECORD — SENATE S5737 There being no objection, the bill was ministrator of the National Nuclear Security ADDITIONAL COSPONSORS Administration; ordered to be printed in the RECORD, as S. 1539 follows: (2) the feasibility and advisability of var- ious means of improving the security and At the request of Mr. DODD, the name S. 2782 counterintelligence posture of the programs of the Senator from North Carolina Be it enacted by the Senate and House of Rep- of the National Nuclear Security Adminis- (Mr. EDWARDS) was added as a cospon- resentatives of the United States of America in tration; sor of S. 1539, a bill to provide for the Congress assembled, (3) the feasibility and advisability of var- acquisition, construction, and improve- SECTION 1. NATIONAL COMMISSION ON NU- ious modifications of existing management ment of child care facilities or equip- CLEAR SECURITY. and operating contracts for the laboratories (a) ESTABLISHMENT.—There is hereby es- under the jurisdiction of the National Nu- ment, and for other purposes. tablished a commission to be known as the clear Security Administration; and S. 1900 ‘‘National Commission on Nuclear Security’’ (4) whether the national security functions At the request of Mr. LAUTENBERG, (in this section referred to as the ‘‘Commis- of the Department of Energy, including the the name of the Senator from South sion’’). National Nuclear Security Administration, Carolina (Mr. HOLLINGS) was added as a (b) ORGANIZATIONAL MATTERS.—(1)(A) Sub- should— ject to subparagraph (B), the Commission cosponsor of S. 1900, a bill to amend the (A) be transferred to the Department of Internal Revenue Code of 1986 to allow shall be composed of 14 members appointed Defense; from among individuals in the public and (B) be established as a semiautonomous a credit to holders of qualified bonds private sectors who have recognized experi- agency within the Department of Defense; issued by Amtrak, and for other pur- ence in matters related to nuclear weapons (C) be established as an independent agen- poses. and materials, safeguards and security, cy; or S. 2274 counterintelligence, and organizational man- (D) remain as a semiautonomous agency agement, as follows: At the request of Mr. GRASSLEY, the within the Department of Energy (as pro- names of the Senator from Ohio (Mr. (i) Three shall be appointed by the Major- vided for under the provisions of the Na- DEWINE), the Senator from Louisiana ity Leader of the Senate. tional Nuclear Security Administration Act (ii) Two shall be appointed by the Minority (title XXXII of Public Law 106–65)). (Ms. LANDRIEU) and the Senator from Leader of the Senate. (d) REPORT.—(1) Not later than May 1, 2001, Louisiana (Mr. BREAUX) were added as (iii) Three shall be appointed by the Speak- the Commission shall submit to Congress cosponsors of S. 2274, a bill to amend er of the House of Representatives. and to the Secretary of Defense and the Sec- title XIX of the Social Security Act to (iv) Two shall be appointed by the Minor- retary of Energy a report containing the provide families and disabled children ity Leader of the House of Representatives. findings and recommendations of the Com- (v) One shall be appointed by the Chairman with the opportunity to purchase cov- mission as a result of the review under sub- erage under the medicaid program for of the Committee on Armed Services of the section (c). Senate. (2) The report shall include any comments such children. (vi) One shall be appointed by the ranking pertinent to the review by an individual S. 2639 member of the Committee on Armed Serv- serving as the Secretary of Defense, and an At the request of Mr. KENNEDY, the ices of the Senate. individual serving as the Secretary of En- name of the Senator from Nebraska (vii) One shall be appointed by the Chair- ergy, during the duration of the review that (Mr. KERREY) was added as a cosponsor man of the Committee on Armed Services of any such individual considers appropriate for of S. 2639, a bill to amend the Public the House of Representatives. the report. (viii) One shall be appointed by the rank- (3) The report may include recommenda- Health Service Act to provide pro- ing member of the Committee on Armed tions for legislation and administrative ac- grams for the treatment of mental ill- Services of the House of Representatives. tion. ness. (B) The members of the Commission may (e) PERSONNEL MATTERS.—(1)(A) Each S. 2698 not include a sitting Member of Congress or member of the Commission who is not an of- At the request of Mr. MOYNIHAN, the any officer of the United States who serves ficer or employee of the Federal Government at the discretion of the President. shall be compensated at a rate equal to the name of the Senator from Missouri (C) Members of the Commission shall be daily equivalent of the annual rate of basic (Mr. ASHCROFT) was added as a cospon- appointed not later than 60 days after the pay prescribed for level IV of the Executive sor of S. 2698, a bill to amend the Inter- date of the enactment of this Act. Schedule under section 5316 of title 5, United nal Revenue Code of 1986 to provide an (2) Any vacancies in the Commission shall States Code, for each day (including travel- incentive to ensure that all Americans be filled in the same manner as the original time) during which such member is engaged gain timely and equitable access to the appointment, and shall not affect the powers in the performance of the duties of the Com- Internet over current and future gen- of the Commission. mission. erations of broadband capability. (3)(A) Subject to subparagraph (B), the (B) All members of the Commission who chairman of the Commission shall be des- are officers or employees of the United S. 2703 ignated by the Majority Leader of the Sen- States shall serve without compensation in At the request of Mr. AKAKA, the ate, in consultation with the Speaker of the addition to that received for their services as name of the Senator from Connecticut House of Representatives, from among the officers or employees of the United States. (Mr. LIEBERMAN) was added as a co- members of the Commission appointed under (2) The members of the Commission shall sponsor of S. 2703, a bill to amend the paragraph (1)(A). be allowed travel expenses, including per (B) The chairman of the Commission may diem in lieu of subsistence, at rates author- provisions of title 39, United States not be designated under subparagraph (A) ized for employees of agencies under sub- Code, relating to the manner in which until seven members of the Commission have chapter I of chapter 57 of title 5, United pay policies and schedules and fringe been appointed under paragraph (1). States Code, while away from their homes or benefit programs for postmasters are (4) The Commission may commence its ac- regular places of business in the performance established. tivities under this section upon the designa- of services for the Commission. S. 2739 tion of the chairman of the Commission (3) Any officer or employee of the United under paragraph (3). States may be detailed to the Commission At the request of Mr. LAUTENBERG, (5) The members of the Commission shall without reimbursement, and such detail the name of the Senator from Okla- establish procedures for the activities of the shall be without interruption or loss of civil homa (Mr. INHOFE) was added as a co- Commission, including procedures for calling service status or privilege. sponsor of S. 2739, a bill to amend title meetings, requirements for quorums, and the (f) INAPPLICABILITY OF FACA.—The provi- 39, United States Code, to provide for manner of taking votes. sions of the Federal Advisory Committee Act the issuance of a semipostal stamp in (c) DUTIES.—The Commission shall review (5 U.S.C. App.) shall not apply to the activi- the efficacy of the organization of the Na- order to afford the public a convenient ties of the Commission. way to contribute to funding for the es- tional Nuclear Security Administration, and (g) TERMINATION.—The Commission shall the appropriate organization and manage- terminate not later than 90 days after the tablishment of the World War II Memo- ment of the nuclear weapons programs of the date on which the Commission submits its rial. United States, under the current Presi- report under subsection (d). S. RES. 294 dential Administration and under the Presi- (h) FUNDING.—Of the amounts authorized At the request of Mr. ABRAHAM, the dential Administration commencing in 2001, to be appropriated by sections 3101 and 3103, name of the Senator from Missouri including— not more than $975,000 shall be available for (1) whether the requirements and objec- the activities of the Commission under this (Mr. ASHCROFT) was added as a cospon- tives of the National Nuclear Security Ad- section. Amounts available to the Commis- sor of S. Res. 294, a resolution desig- ministration Act are being fully imple- sion under this section shall remain avail- nating the month of October 2000 as mented by the Secretary of Energy and Ad- able until expended. ‘‘Children’s Internet Safety Month’’. S5738 CONGRESSIONAL RECORD — SENATE June 23, 2000 S. RES. 304 Mr. TORRICELLI submitted an for syphilis and chlamydia elimination, not At the request of Mr. BIDEN, the amendment intended to be proposed by less than 70 percent of the amount by which name of the Senator from Alaska (Mr. him to the bill, H.R. 4577, supra; as fol- such $33,750,168 is in excess of the amount made available for such purposes for fiscal MURKOWSKI) was added as a cosponsor lows: year 2000 shall be used to implement the Na- of S. Res. 304, a resolution expressing On page 54, between lines 10 and 11, insert tional Plan to Eliminate Syphilis’’. the sense of the Senate regarding the the following: development of educational programs SEC. ll. SENSE OF THE SENATE REGARDING BAYH AMENDMENT NO. 3614 on veterans’ contributions to the coun- THE DELIVERY OF EMERGENCY try and the designation of the week MEDICAL SERVICES. (Ordered to lie on the table.) Mr. BAYH submitted an amendment that includes Veterans Day as ‘‘Na- (a) FINDINGS.—The Senate finds the fol- lowing: intended to be proposed by him to the tional Veterans Awareness Week’’ for (1) The State of New Jersey developed and bill, H.R. 4577, supra; as follows: the presentation of such educational implemented a unique 2-tiered emergency Beginning on page 53, strike line 12 and all programs. medical services system nearly 25 years ago that follows through line 10 on page 54. AMENDMENT NO. 3511 as a result of studies conducted in New Jer- sey about the best way to provide services to At the request of Mr. ROBERTS, the LOTT AMENDMENT NO. 3615 name of the Senator from Missouri State residents. (2) The 2-tiered system established in New (Ordered to lie on the table.) (Mr. BOND) was added as a cosponsor of Jersey includes volunteer and for-profit Mr. MURKOWSKI (for Mr. LOTT) sub- amendment No. 3511 proposed to S. emergency medical technicians who provide mitted an amendment intended to be 2522, an original bill making appropria- basic life support and hospital-based para- proposed by him to the bill, H.R. 4577, tions for foreign operations, export fi- medics who provide advanced life support. supra; as follows: (3) The New Jersey system has provided nancing, and related programs for the At the end, add the following: fiscal year ending September 30, 2001, universal access for all New Jersey residents to affordable emergency services, while si- SECTION 1. SHORT TITLE. and for other purposes. This Act may be cited as the ‘‘National En- multaneously ensuring that those persons in ergy Security and Federal Fuels Tax Relief AMENDMENT NO. 3593 need of the most advanced care receive such Act of 2000’’. At the request of Mr. HUTCHINSON, care from the proper authorities. the name of the Senator from Arkansas (4) The New Jersey system currently has SEC. 2. FINDINGS AND PURPOSES. (a) FINDINGS.—The Congress finds that— (Mrs. LINCOLN) was added as a cospon- an estimated 20,000 emergency medical tech- (1) increasing dependence on foreign sor of amendment No. 3593 proposed to nicians providing ambulance transportation for basic life support and advanced life sup- sources of oil causes systemic harm to all H.R. 4577, a bill making appropriations sectors of the domestic United States econ- for the Departments of Labor, Health port emergencies, over 80 percent of which are handled by volunteers who are not reim- omy, threatens national security, under- and Human Services, and Education, bursed under the medicare program under mines the ability of federal, state, and local and related agencies for the fiscal year title XVIII of the Social Security Act. units of government to provide essential ending September 30, 2001, and for (5) The hospital-based paramedics, also services, and jeopardizes the peace, security, other purposes. known as mobile intensive care units, are re- and welfare of the American people; (2) dependence on imports of foreign oil AMENDMENT NO. 3602 imbursed under the medicare program when they respond to advanced life support emer- was 46 percent in 1992, but has risen to more At the request of Mr. CONRAD, his than 55 percent by the beginning of 2000, and name was added as a cosponsor of gencies. (6) The New Jersey system saves the lives is estimated by the Department of Energy to amendment No. 3602 proposed to H.R. of thousands of New Jersey residents each rise to 65 percent by 2020 unless current poli- 4577, a bill making appropriations for year, while saving the medicare program an cies are altered; the Departments of Labor, Health and estimated $39,000,000 in reimbursement fees. (3) at the same time, despite increased en- Human Services, and Education, and (7) When Congress requested that the ergy efficiencies, energy use in the United States is expected to increase 27 percent by related agencies for the fiscal year end- Health Care Financing Administration enact changes to the emergency medical services 2020. ing September 30, 2001, and for other (4) the United States lacks a comprehen- purposes. fee schedule as a result of the Balanced Budget Act of 1997, including a general over- sive national energy policy and has taken ac- f haul of reimbursement rates and administra- tions that limit the availability and capa- bility of the domestic energy sources of oil AMENDMENTS SUBMITTED tive costs, it was in the spirit of stream- lining the agency, controlling skyrocketing and gas, coal, nuclear and hydro; health care costs, and lengthening the sol- (5) a comprehensive energy strategy needs vency of the medicare program. to be developed to combat this trend, de- DEPARTMENTS OF LABOR, crease the United States dependence on im- HEALTH AND HUMAN SERVICES, (8) The Health Care Financing Administra- tion is considering implementing new emer- ported oil supplies and strengthen our na- AND EDUCATION, AND RELATED gency medical services reimbursement tional energy security; AGENCIES APPROPRIATIONS guidelines that would destabilize or elimi- (6) the goal of this comprehensive strategy ACT, 2001 nate the 2-tier system that has developed in must be to decrease the United States de- the State of New Jersey. pendence on foreign oil supplies to not more than 50 percent by the year 2010; (b) SENSE OF THE SENATE.—It is the sense DORGAN AMENDMENT NO. 3611 of the Senate that the Health Care Financ- (7) in order to meet this goal, this com- ing Administration should— prehensive energy strategy needs to be (Ordered to lie on the table.) multi-faceted and include enhancing the use Mr. DORGAN submitted an amend- (1) consider the unique nature of the emer- gency medical services delivery system in of renewable energy resources (including ment intended to be proposed by him New Jersey when implementing new reim- hydro, nuclear, solar, wind, and biomass), to the bill (H.R. 4577) making appro- bursement guidelines for paramedics and conserving energy resources (including im- priations for the Departments of hospitals under the medicare program under proving energy efficiencies), and increasing Labor, Health and Human Services, title XVIII of the Social Security Act; and domestic supplies of nonrenewable resources (including oil, natural gas, and coal); and Education, and related agencies for (2) promote innovative emergency medical service systems enacted by States that re- (8) however, conservation efforts and alter- the fiscal year ending September 30, native fuels alone will not enable America to 2001, and for other purposes; as follows: duce reimbursement costs to the medicare program while ensuring that all residents re- meet this goal as conventional energy On page 54, between lines 10 and 11, insert ceive quick and appropriate emergency care sources supply 96 percent of America’s power the following: when needed. at this time; and SEC. . From amounts appropriated under (9) immediate actions also need to be this title for the National Institutes of taken in order to mitigate the effect of re- Health, $100,000,000 shall be made available EDWARDS AMENDMENT NO. 3613 cent increases in oil prices on the American to carry out the National Institutes of (Ordered to lie on the table.) consumer, including the poor and the elder- Health Institutional Development Award Mr. EDWARDS submitted an amend- ly. (b) PURPOSES.—This purposes of this Act (IDeA) Program under section 402(g) of the ment intended to be proposed by him Public Health Service Act (42 U.S.C. 282(g)). are to protect the energy security of the to the bill, H.R. 4577, supra; as follows: United States by decreasing America’s de- TORRICELLI AMENDMENT NO. 3612 On page 27, line 24, before the period insert pendency of foreign oil sources to not more the following: ‘‘: Provided further, That of the than 50 percent by the year 2010 by enhanc- (Ordered to lie on the table.) $33,750,168 made available under this heading ing the use of renewable energy resources, June 23, 2000 CONGRESSIONAL RECORD — SENATE S5739 conserving energy resources (including im- ment, industry, and other non-Federal this section) to study oil markets and esti- proving energy efficiencies), and increasing groups, organizations, or individuals pos- mate the extent and frequency of fluctua- domestic energy supplies and to mitigate the sessing information or expertise in one or tions in the supply and price of, and demand immediate effect of increases in energy more areas under review by the Group. The for crude oil in the future and determine ap- prices on the American consumer, including policy shall recognize the significant lead propriate capacity of and uses for the Stra- the poor and the elderly. times required for the development of addi- tegic Petroleum Reserve. The Panel may TITLE I—ENERGY SECURITY ACTIONS RE- tional natural gas supplies and the delivery recommend changes in existing authorities QUIRED OF THE SECRETARY OF EN- infrastructure required to transport those to provide additional flexibility for and ERGY supplies. The Group shall consider, but is not strengthen the ability of the Strategic Pe- limited to, issues of access to and develop- troleum Reserve to respond to energy re- SEC. 101. ANNUAL REPORT ON UNITED STATES ENERGY INDEPENDENCE. ment of resources, transportation, tech- quirements. The Panel shall complete its (a) REPORT.—Beginning on October 1, 2000, nology development, environmental regula- study and submit a report containing its and annually thereafter, the Secretary of tion and the associated economic and envi- findings and any recommendations to the Energy, in consultation with the Secretary ronmental costs of alternatives, education of President and the Congress within six of Defense and the heads of other Federal future workforce, financial incentives re- months from the date of enactment of this agencies, shall submit a report to the Presi- lated to exploration, production, transpor- Act. dent and the Congress which evaluates the tation, development, and use of natural gas. TITLE III—PROVISIONS TO PROTECT CON- progress the United States has made toward (c) REPORT.—The Group shall prepare a re- SUMERS AND LOW INCOME FAMILIES obtaining the goal of not more than 50 per- port setting forth its recommendations on a AND ENCOURAGE ENERGY EFFI- cent dependence on foreign oil sources by comprehensive policy for the use of natural CIENCIES gas and the specific elements of a national 2010. The Secretary shall adopt as interim SEC. 301. CHANGES IN WEATHERIZATION PRO- strategy to achieve the objectives of the pol- goals, a reduction in dependence on oil im- GRAM TO PROTECT LOW-INCOME ports to not more than 54 percent by 2005 and icy. The report shall be transmitted to the PERSONS. 52 percent by 2008. Secretary of Energy within six months from (a) The matter under the heading ‘‘ENERGY the date of the enactment of this Act. (b) ALTERNATIVES.—The report shall speci- CONSERVATION (INCLUDING TRANSFER OF (d) SECRETARY REVIEW.—The Secretary of fy what specific legislation or administrative FUNDS)’’ in title II of the Department of the Energy shall review the report and, within 3 actions must be implemented to meet this Interior and Related Agencies Appropria- months, submit the report, together with goal and set forth a range of options and al- tions Act, 2000 (113 Stat. 1535, 1501A–180), is any recommendations for administrative or ternatives with a benefit/cost analysis for amended by striking ‘‘grants:’’ and all that legislative actions, to the President and the each option or alternative together with an follows and inserting ‘‘grants.’’. Congress. estimate for the contribution that each op- (b) Section 415 of the Energy Conservation (e) TRENDS.—The Group shall monitor tion or alternative could make to reduce for- and Production Act (42 U.S.C. 6865) is trends for the assumptions used in devel- eign oil imports. The report shall indicate, in amended— oping its report, including the specific ele- detail, options and alternatives (1) to in- (1) in subsection (a)(1) by striking the first ments of a national strategy to achieve the crease the use of renewable domestic energy sentence; objectives of the comprehensive policy and sources, including conventional and non-con- (2) in subsection (a)(2) by— shall advise the Secretary whenever it an- ventional sources such as, but not limited to, (A) striking ‘‘(A)’’, ticipates changes that might require alter- increased hydroelectric generation at exist- (B) striking ‘‘approve a State’s application ations in the strategy. ing Federal facilities, (2) to conserve energy to waive the 40 percent requirement estab- (f) PROGRESS REPORT.—On June 1, 2002, and lished in paragraph (1) if the State includes resources, including improving efficiencies every two years thereafter, the Group shall in its plan’’ and inserting ‘‘establish’’, and and decreasing consumption, and (3) to in- submit a report to the President and the (C) striking subparagraph (B); crease domestic production and use of oil, Congress evaluating the progress that has (3) in subsection (c)(1) by— natural gas, and coal, including any actions been made in the prior two years in imple- (A) striking ‘‘paragraphs (3) and (4)’’ and that would need to be implemented to pro- menting the strategy and accomplishing the inserting ‘‘paragraph (3)’’, vide access to, and transportation of, these objectives of the comprehensive policy. energy resources. (B) striking ‘‘$1600’’ and inserting ‘‘$2500’’, (c) REFINERY CAPACITY.—As part of the re- TITLE II—AMENDMENTS TO ENERGY POL- (C) striking ‘‘and’’ at the end of subpara- ports submitted in 2000, 2005, and 2008, the ICY AND CONSERVATION ACT AND AC- graph (C), Secretary shall examine and report on the TIONS AFFECTING THE STRATEGIC PE- (D) striking the period and inserting condition of the domestic refinery industry TROLEUM RESERVE ‘‘, and’’ in subparagraph (D), and and the extent of domestic storage capacity SEC. 201. AMENDMENTS TO TITLE I OF EPCA. (E) inserting after subparagraph (D) the for various categories of petroleum products Title I of the Energy Policy and Conserva- following new subparagraph: and make such recommendations as he be- tion Act (42 U.S.C. 6211–6251) is amended— ‘‘(E) the cost of making heating and cool- lieves will enhance domestic capabilities to (1) in section 161(h) (42 U.S.C. 6241), by— ing modifications, including replacement’’; respond to short-term shortages of various (A) striking ‘‘and’’ at the end of (1)(A), (4) in subsection (c)(3) by— fuels due to climate or supply interruptions. (B) striking ‘‘,’’ and inserting ‘‘; and’’ at (A) striking ‘‘1991, the $1600 per dwelling SEC. 102. REPORT OF THE NATIONAL PETRO- the end of (1)(B), and unit limitation’’ and inserting ‘‘2000, the LEUM COUNCIL. (C) inserting after paragraph (B) the fol- $2500 per dwelling unit average’’, The Secretary of Energy shall immediately lowing new paragraph: (B) striking ‘‘limitation’’ and inserting review the report of the National Petroleum ‘‘(C) concurs in the determination of the ‘‘average’’ each time it appears, and Council submitted to him on December 15, Secretary of Defense that action taken under (C) inserting ‘‘the’’ after ‘‘beginning of’’ in 1999, and shall submit such report, together this subsection will not impair national se- subparagraph (B); and with any recommendations for administra- curity.’’, and (5) by striking subsection (c)(4). tive or legislative actions, to the President (D) striking ‘‘Reserve’’ and inserting ‘‘Re- SEC. 302. SUMMER FILL AND FUEL BUDGETING no later than June 15, 2000. serve, if the Secretary finds that action PROGRAMS. SEC. 103. INTERAGENCY WORK GROUP ON NAT- taken under this subsection will not have an (a) Part C of title II of the Energy Policy URAL GAS. adverse effect on the domestic petroleum in- and Conservation Act (42 U.S.C. 6211 et seq.) (a) INTERAGENCY WORK GROUP.—The Sec- dustry.’’ at the end of (1).; is amended by adding at the end the fol- retary of Energy shall establish an Inter- (2) in section 166 (42 U.S.C. 6246), by strik- lowing: agency Work Group on Natural Gas (referred ing ‘‘March 31, 2000’’ and inserting ‘‘Decem- ‘‘SEC. 273. SUMMER FILL AND FUEL BUDGETING to as ‘‘Group’’ in this subsection) within the ber 31, 2003’’; and PROGRAMS. National Economic Council. The Group shall (3) in section 181 (42 U.S.C. 6251), by strik- ‘‘(a) DEFINITIONS.—In this section: include representatives from each Federal ing ‘‘March 31, 2000’’ each place it appears ‘‘(1) BUDGET CONTRACT.—The term ‘budget agency that has a significant role in the de- and inserting ‘‘December 31, 2003’’. contract’ means a contract between a re- velopment and implementation of natural SEC. 202. AMENDMENTS TO TITLE II OF EPCA. tailer and a consumer under which the heat- gas policy, resource assessment, or tech- Title II of the Energy Policy and Conserva- ing expenses of the consumer are spread nologies for natural gas exploration, produc- tion Act (42 U.S.C. 6261–6285) is amended— evenly over a period of months. tion, transportation, and use. (1) in section 256(h) (42 U.S.C. 6276(h)), by ‘‘(2) FIXED-PRICE CONTRACT.—The term (b) STRATEGY AND COMPREHENSIVE POL- inserting ‘‘through 2003’’ after ‘‘1997’’; and ‘fixed-price contract’ means a contract be- ICY.—The Group shall develop a strategy and (2) in section 281 (42 U.S.C. 6285), by strik- tween a retailer and a consumer under which comprehensive policy for the use of natural ing ‘March 31, 2000’ each place it appears and the retailer charges the consumer a set price gas as an essential component of overall na- inserting ‘‘December 31, 2003’’. for propane, kerosene, or heating oil without tional objectives of energy security, eco- SEC. 203. STRATEGIC PETROLEUM RESERVE regard to market price fluctuations. nomic growth, and environmental protec- STUDY AND REPORT. ‘‘(3) PRICE CAP CONTRACT.—The term ‘price tion. In developing the strategy and policy, The President shall immediately establish cap contract’ means a contract between a re- the Group shall solicit and consider sugges- an Interagency Panel on the Strategic Petro- tailer and a consumer under which the re- tions from States and local units of govern- leum Study (referred to as the ‘‘Panel’’ in tailer charges the consumer the market S5740 CONGRESSIONAL RECORD — SENATE June 23, 2000 price for propane, kerosene, or heating oil, chusetts, Connecticut, Rhode Island, New ‘‘(1) is not subject to the rulemaking re- but the cost of the propane, kerosene, or York, Pennsylvania, and New Jersey; and quirements of section 523 of this Act, section heating oil may not exceed a maximum ‘‘(2) the term ‘petroleum distillate’ in- 501 of the Department of Energy Organiza- amount stated in the contract. cludes heating oil and diesel fuel. tion Act, or section 553 of title 5, United ‘‘(b) ASSISTANCE.—At the request of the ‘‘AUTHORITY States Code; and chief executive officer of a State, the Sec- ‘‘SEC. 182. To the extent necessary or ap- ‘‘(2) is not subject to laws governing the retary shall provide information, technical propriate to carry out this part, the Sec- Federal procurement of goods and services, assistance, and funding— retary may— including the Federal Property and Adminis- ‘‘(1) to develop education and outreach pro- ‘‘(1) purchase, contract for, lease, or other- trative Services Act of 1949 (including the grams to encourage consumers to fill their wise acquire, in whole or in part, storage and Competition in Contracting Act) and the storage facilities for propane, kerosene, and related facilities, and storage services; Small Business Act.’’. heating oil during the summer months; and ‘‘(2) use, lease, maintain, sell, or otherwise (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) to promote the use of budget con- dispose of storage and related facilities ac- There are authorized to be appropriated such tracts, price cap contracts, fixed-price con- quired under this part; sums as may be necessary to carry out part tracts, and other advantageous financial ar- ‘‘(3) acquire by purchase, exchange (includ- D of title I of the Energy Policy and Con- rangements; ing exchange of petroleum product from the servation Act. to avoid severe seasonal price increases for Strategic Petroleum Reserve or received as TITLE IV—PROVISIONS TO ENHANCE THE and supply shortages of those products. royalty from Federal lands), lease, or other- USE OF DOMESTIC ENERGY RESOURCES ‘‘(c) PREFERENCE.—In implementing this wise, petroleum distillate for storage in the section, the Secretary shall give preference Subtitle A—Hydroelectric Resources Northeast Home Heating Oil Reserve; to States that contribute public funds or le- SEC. 401. USE OF FEDERAL FACILITIES. ‘‘(4) store petroleum distillate in facilities verage private funds to develop State sum- (a) The Secretary of the Interior and the not owned by the United States; mer fill and fuel budgeting programs. Secretary of the Army shall each inventory ‘‘(5) sell, exchange, or otherwise dispose of ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— all dams, impoundments, and other facilities petroleum distillate from the Reserve estab- There are authorized to be appropriated to under their jurisdiction. lished under this part; and carry out this section— (b) Based on this inventory and other in- ‘‘(6) notwithstanding paragraph (5), on ‘‘(1) $25,000,000 for fiscal year 2001; and formation, the Secretary of the Interior and terms the Secretary considers reasonable, ‘‘(2) such sums as are necessary for each Secretary of the Army shall each submit a sell, exchange, or otherwise dispose of petro- fiscal year thereafter. report to the Congress within six months leum distillate from the Reserve established ‘‘(e) INAPPLICABILITY OF EXPIRATION PROVI- from the date of enactment of this Act. Each under this part in order to maintain the SION.—Section 281 does not apply to this sec- report shall— tion.’’. quality or quantity of the petroleum dis- (1) Describe, in detail, each facility that is (b) The table of contents in the first sec- tillate in the Reserve or to maintain the capable, with or without modification, of tion of the Energy Policy and Conservation operational capability of the Reserve. producing additional hydroelectric power. Act (42 U.S.C. prec. 6201) is amended by in- ‘‘CONDITIONS FOR RELEASE; PLAN For each such facility, the report shall state serting after the item relating to section 272 ‘‘SEC. 183. (a) The Secretary may release the full potential for the facility to generate the following: petroleum distillate from the Reserve under hydroelectric power, whether the facility is ‘‘Sec. 273. Summer fill and fuel budgeting section 182(5) only in the event of— currently generating hydroelectric power, programs.’’. ‘‘(1) a severe energy supply disruption; and the costs to install, upgrade, modify, or SEC. 303. ENERGY EFFICIENCY SCIENCE INITIA- ‘‘(2) a severe price increase; or take other actions to increase the hydro- TIVE. ‘‘(3) another emergency affecting the electric generating capability of the facility. There are authorized to be appropriated Northeast, which the President determines For each facility that currently has hydro- $25,000,000 for fiscal year 2001 and such sums to merit a release from the Reserve. electric generating equipment, the report as are necessary for each fiscal year there- ‘‘(b) Within 45 days of the date of the en- shall indicate the condition of such equip- after be for an Energy Efficiency Science Ini- actment of this section, the Secretary shall ment, the maintenance requirements, and tiative to be managed by the Assistant Sec- transmit to the President and, if the Presi- the schedule for any improvements as well as retary for Energy Efficiency and Renewable dent approves, to the Congress a plan the purposes for which power is generated. describing— Energy in consultation with the Director of (2) Describe what actions are planned and ‘‘(1) the acquisition of storage and related the Office of Science, for grants to be com- underway to increase the hydroelectric pro- facilities or storage services for the Reserve; petitively awarded and subject to peer re- duction from facilities under his jurisdiction ‘‘(2) the acquisition of petroleum distillate view for research relating to energy effi- and shall include any recommendations the for storage in the Reserve; ciency. The Secretary of Energy shall submit Secretary deems advisable to increase such ‘‘(3) the anticipated methods of disposition to the Committee on Science and the Com- production, reduce costs, and improve effi- of petroleum distillate from the Reserve; and mittee on Appropriations of the House of ciency at Federal facilities, including, but ‘‘(4) the estimated costs of establishment, Representatives, and to the Committee on not limited to, use of lease of power privilege maintenance, and operation of the Reserve. Energy and Natural Resources and the Com- and contracting with non-Federal entities The storage of petroleum distillate in a stor- for operation and maintenance. mittee on Appropriations of the Senate, an age facility that meets existing environ- annual report on the activities of the Energy mental requirements is not a ‘major Federal SEC. 402. EXPEDITED FERC HYDROELECTRIC LI- Efficiency Science Initiative, including a de- action significantly affecting the quality of CENSING PROCEDURES. scription of the process used to award the the human environment’ as that term is used The Federal Energy Regulatory Commis- funds and an explanation of how the research in section 102(2)(C) of the National Environ- sion shall immediately undertake a com- relates to energy efficiency. mental Policy Act of 1969. prehensive review of policies, procedures and SEC. 304. NORTHEAST HOME HEATING OIL RE- regulations for the licensing of hydroelectric ‘‘NORTHEAST HOME HEATING OIL RESERVE SERVE. projects to determine how to reduce the cost ACCOUNT (a) AMENDMENT.—Title I of the Energy Pol- and time of obtaining a license. The Com- icy and Conservation Act is amended by— ‘‘SEC. 184. (a) Upon a decision of the Sec- mission shall report its findings within six (1) redesignating part D as part E; retary of Energy to establish a Reserve months of the date of enactment to the Con- (2) redesignating section 181 as section 191; under this part, the Secretary of the Treas- gress, including any recommendations for and ury shall establish in the Treasury of the legislative changes. (3) inserting after part C the following new United States an account known as the ‘Northeast Home Heating Oil Reserve Ac- Subtitle B—Nuclear Resources part D— count’ (referred to in this section as the ‘Ac- SEC. 410. NUCLEAR GENERATION. ‘‘PART D—NORTHEAST HOME HEATING count’). The Chairman of the Nuclear Regulatory OIL RESERVE ‘‘(b) The Secretary of the Treasury shall Commission shall submit a report to the ‘‘ESTABLISHMENT deposit in the Account any amounts appro- Congress within six months from the date of ‘‘SEC. 181. (a) Notwithstanding any other priated to the Account and any receipts from enactment of this Act on the state of nuclear provision of this Act, the Secretary may es- the sale, exchange, or other disposition of pe- power generation and production in the tablish, maintain, and operate in the North- troleum distillate from the Reserve. United States and the potential for increas- east, a Northeast Home Heating Oil Reserve. ‘‘(c) The Secretary of Energy may obligate ing nuclear generating capacity and produc- A Reserve established under this part is not amounts in the Account to carry out activi- tion as part of this nation’s energy mix. The a component of the Strategic Petroleum Re- ties under this part without the need for fur- report shall also review the status of the re- serve established under part B of this title. A ther appropriation, and amounts available to licensing process for civilian nuclear power Reserve established under this part shall the Secretary of Energy for obligation under plants, including current and anticipated ap- contain no more than 2 million barrels of pe- this section shall remain available without plications, and recommendations for im- troleum distillate. fiscal year limitation. provements in the process, including, but not ‘‘(b) For the purposes of this part— ‘‘EXEMPTIONS limited to recommendations for expediting ‘‘(1) the term ‘Northeast’ means the States ‘‘SEC. 185. An action taken under this the process and ensuring that relicensing is of Maine, New Hampshire, Vermont, Massa- part— accomplished in a timely manner. June 23, 2000 CONGRESSIONAL RECORD — SENATE S5741 SEC. 411. NRC HEARING PROCEDURE. (E) require research on both reactor- and for the exploration, development, and pro- Section 189(a)(1) of the Atomic Energy Act accelerator-based transmutation systems; duction of the oil and gas resources of the of 1954 (42 U.S.C. 2239(a)(1)) is amended by (F) require research on advanced proc- Coastal Plain and to administer the provi- adding at the end the following— essing and separations; sions of this title through regulations, lease ‘‘(C) HEARINGS.—A hearing under this sec- (G) encourage that research efforts include terms, conditions, restrictions, prohibitions, tion shall be conducted using informal adju- participation of international collaborators; stipulations, and other provisions that en- dicatory procedures established under sec- (H) be authorized to fund international col- sure the oil and gas exploration, develop- tions 553 and 555 of title 5, United States laborators when they bring unique capabili- ment, and production activities on the Code, unless the Commission determines ties not available in the United States and Coastal Plain will result in no significant ad- that formal adjudicatory procedures are their host country is unable to provide for verse effect on fish and wildlife, their habi- necessary— their support; tat, subsistence resources, and the environ- ‘‘(i) to develop a sufficient record; or (I) ensure that research efforts with the Of- ment, and shall require the application of ‘‘(ii) to achieve fairness.’’. fice are coordinated with research on ad- the best commercially available technology Subtitle C—Development of a National Spent vance fuel cycles and reactors conducted for oil and gas exploration, development, and Nuclear Fuel Strategy within the Office of Nuclear Energy Science production, on all new exploration, develop- SEC. 415. FINDINGS. and Technology. ment, and production operations, and when- (e) REPORT.—The Associate Director of the (a) Prior to permanent closure of the geo- ever practicable, on existing operations, and Office of Spent Nuclear Fuel Research shall logic repository in Yucca Mountain, Con- in a manner to ensure the receipt of fair annually prepare and submit a report to the gress must determine whether the spent fuel market value by the public for the mineral Congress on the activities and expenditures in the repository should be treated as waste resources to be leased. of the Office, including the process that has subject to permanent burial or should be (b) REPEAL.—The prohibitions and limita- been made to achieve the objectives of para- considered an energy resource that is needed tions contained in section 1003 of the Alaska graph (b). to meet future energy requirements; National Interest Lands Conservation Act of (b) Future use of nuclear energy may re- Subtitle D—Coal Resources 1980 (16 U.S.C. 3143) are hereby repealed. (c) COMPATIBILITY.—Congress hereby deter- quire construction of a second geologic re- SEC. 420. COAL GENERATING CAPACITY. pository unless Yucca Mountain can safely The Secretary of Energy shall examine ex- mines that the oil and gas leasing program accommodate additional spent fuel. Im- isting coal-fired power plants and submit a and activities authorized by this section in proved spent fuel strategies may increase the report to the Congress within six months the Coastal Plain are compatible with the capacity of Yucca Mountain. from the enactment of this Act on the poten- purposes for which the Arctic National Wild- (c) Prior to construction of any second per- tial of such plants for increased generation life Refuge was established, and that no fur- manent geologic repository, the nation’s cur- and any impediments to achieving such in- ther findings or decisions are required to im- rent plans for permanent burial of spent fuel crease. The report shall describe, in detail, plement this determination. should be reevaluated. options for improving the efficiency of these (d) SOLE AUTHORITY.—This title shall be the sole authority for leasing on the Coastal SEC. 416. OFFICE OF SPENT NUCLEAR FUEL RE- plants. The report shall include rec- Plain: Provided, That nothing in this title SEARCH. ommendations for a program of research, de- shall be deemed to expand or limit State and (a) ESTABLISHMENT.—There is hereby es- velopment, demonstration, and commercial tablished an Office of Spent Nuclear Fuel Re- application to develop economically and en- local regulatory authority. search (referred to as the ‘‘Office’’ in this vironmentally acceptable advanced tech- (e) FEDERAL LAND.—The Coastal Plain section) within the Office of Nuclear Energy nologies for current electricity generation shall be considered ‘‘Federal land’’ for the Science and Technology of the Department facilities using coal as the primary feed- purposes of the Federal Oil and Gas Royalty of Energy. The Office shall be headed by the stock, including commercial-scale applica- Management Act of 1982. Associate Director, who shall be a member of tions of advanced clean coal technologies. (f) SPECIAL AREAS.—The Secretary, after the Senior Executive Service appointed by The report shall also include an assessment consultation with the State of Alaska, City the Director of the Office of Nuclear Energy of the costs to develop and demonstrate such of Kaktovik, and the North Slope Borough, Science and Technology, and compensated at technologies and the time required to under- is authorized to designate up to a total of a rate determined by applicable law. take such development and demonstration. 45,000 acres of the Coastal Plain as Special Areas and close such areas to leasing if the (b) ASSOCIATE DIRECTOR.—The Associate SEC. 425. COAL LIQUEFACTION. Director of the Office of Spent Nuclear Fuel Secretary determines that these Special The Secretary of Energy shall provide Areas are of such unique character and inter- Research shall be responsible for carrying grants for the refinement and demonstration out an integrated research, development, and est so as to require special management and of new technologies for the conversion of regulatory protection. The Secretary may, demonstration program on technologies for coal to liquids. Such grants shall be for the treatment, recycling, and disposal of high- however, permit leasing of all or portions of design and construction of an indirect lique- any Special Areas within the Coastal Plain level nuclear radioactive waste and spent nu- faction plant capable of production in com- clear fuel, subject to the general supervision by setting lease terms that limit or condi- mercial quantities. There are authorized to tion surface use and occupancy by lessees of of the Secretary. The Associate Director of be appropriated for the purpose of this sec- the Office shall report to the Director of the such lands but permit the use of horizontal tion such sums as may be necessary through drilling technology from sites on leases lo- Office of Nuclear Energy Science and Tech- fiscal year 2004. nology. The first such Associate Director cated outside the designated Special Areas. TITLE V—ARCTIC COASTAL PLAIN DOMES- shall be appointed within 90 days of the en- (g) LIMITATION ON CLOSED AREAS.—The TIC ENERGY SECURITY ACT OF 2000 actment of this Act. Secretary’s sole authority to close lands (c) GRANT AND CONTRACT AUTHORITY.—In SEC. 501. SHORT TITLE within the Coastal Plain to oil and gas leas- carrying out his responsibilities under this This title may be cited as the ‘‘Arctic ing and to exploration, development, and section, the Secretary may make grants, or Coastal Plain Domestic Energy Security Act production is that set forth in this title. enter into contracts, for the purposes of the of 2000’’. (h) CONVEYANCE.—In order to maximize research projects and activities described in SEC. 502. DEFINITIONS. Federal revenues by removing clouds on title (d)(2). When used in this title the term— of lands and clarifying land ownership pat- (d)(1) DUTIES.—The Associate Director of (1) ‘‘Coastal Plain’’ means that area identi- terns within the Coastal Plain, the Sec- the Office shall involve national labora- fied as such in the map entitled ‘‘Arctic Na- retary, notwithstanding the provisions of tories, universities, the commercial nuclear tional Wildlife Refuge’’, dated August 1980, section 1302(h)(2) of the Alaska National In- industry, and other organizations to inves- as referenced in section 1002(b) of the Alaska terest Lands Conservation Act (16 U.S.C. tigate technologies for the treatment, recy- National Interest Lands Conservation Act of 3192(h)(2)), is authorized and directed to con- cling, and disposal of spent nuclear fuel and 1980 (16 U.S.C. 3142(b)(1)) comprising approxi- vey (1) to the Kaktovik Inupiat Corporation high-level radioactive waste. mately 1,549,000 acres; and the surface estate of the lands described in (2) The Associate Director of the Office (2) ‘‘Secretary’’, except as otherwise pro- paragraph 2 of the Public Land Order 6959, to shall: vided, means the Secretary of the Interior or the extent necessary to fulfill the Corpora- (A) develop a research plan to provide rec- the Secretary’s designee. tion’s entitlement under section 12 of the ommendations by 2015; SEC. 503. LEASING PROGRAM FOR LANDS WITHIN Alaska Native Claims Settlement Act (43 (B) identify technologies for the treat- THE COASTAL PLAIN. U.S.C. 1611), and (2) to the Arctic Slope Re- ment, recycling, and disposal of spent nu- (a) AUTHORIZATION.—The Congress hereby gional Corporation the subsurface estate be- clear fuel and high-level radioactive waste; authorizes and directs the Secretary, acting neath such surface estate pursuant to the (C) conduct research and development ac- through the Bureau of Land Management in August 9, 1983, agreement between the Arctic tivities on such technologies; consultation with the Fish and Wildlife Serv- Slope Regional Corporation and the United (D) ensure that all activities include as ice and other appropriate Federal offices and States of America. key objectives minimization of proliferation agencies, to take such actions as are nec- SEC. 504. RULES AND REGULATIONS. concerns and risk to health of the general essary to establish and implement a com- (a) PROMULGATION.—The Secretary shall public or site workers, as well as develop- petitive oil and gas leasing program that will prescribe such rules and regulations as may ment of cost-effective technologies; result in an environmentally sound program be necessary to carry out the purposes and S5742 CONGRESSIONAL RECORD — SENATE June 23, 2000 provisions of this title, including rules and SEC. 507. GRANT OF LEASES BY THE SECRETARY. prescribe at the time of offering the area for regulations relating to protection of the fish (a) IN GENERAL.—The Secretary is author- lease; and wildlife, their habitat, subsistence re- ized to grant to the highest responsible (9) provide that the Secretary may direct sources, and the environment of the Coastal qualified bidder by sealed competitive cash or assent to the suspension of operations and Plain. Such rules and regulations shall be bonus bid any lands to be leased on the production under any lease granted under promulgated no later than fourteen months Coastal Plain upon payment by the lessee of the terms of this title in the interest of con- after the date of enactment of this title and such bonus as may be accepted by the Sec- servation of the resource or where there is shall, as of their effective date, apply to all retary and of such royalty as may be fixed in no available system to transport the re- operations conducted under a lease issued or the lease, which shall be not less then 121⁄2 source. If such a suspension is directed or as- maintained under the provisions of this title per centum in amount or value of the pro- sented to by the Secretary, any payment of and all operations on the Coastal Plain re- duction removed or sold from the lease. rental prescribed by such lease shall be sus- lated to the leasing, exploration, develop- (b) ANTITRUST REVIEW.—Following each pended during such period of suspension of ment, and production of oil and gas. notice of a proposed lease sale and before the operations and production, and the term of (b) REVISION OF REGULATIONS.—The Sec- acceptance of bids and the issuance of leases the lease shall be extended by adding any retary shall periodically review and, if ap- based on such bids, the Secretary shall allow such suspension period thereto; propriate, revise the rules and regulations the Attorney General, in consultation with (10) provide that whenever the owner of a issued under subsection (a) of this section to the Federal Trade Commission, thirty days nonproducing lease fails to comply with any reflect any significant biological, environ- to perform an antitrust review of the results of the provisions of this Act, or of any appli- mental, or engineering data which come to of such lease sale on the likely effects the cable provision of Federal or State environ- the Secretary’s attention. issuance of such leases would have on com- mental law, or of the lease, or of any regula- SEC. 505. ADEQUACY OF THE DEPARTMENT OF petition and the Attorney General shall ad- tion issued under this title, such lease may THE INTERIOR’S LEGISLATIVE ENVI- vise the Secretary with respect to such re- be canceled by the Secretary if such default RONMENTAL IMPACT STATEMENT. view, including any recommendation for the continues for more than thirty days after The ‘‘Final Legislative Environmental Im- nonacceptance of any bid or the imposition mailing of notice by registered letter to the pact Statement’’ (April 1987) on the Coastal of terms or conditions on any lease, as may lease owner at the lease owner’s post office Plain prepared pursuant to section 1002 of address of record; the Alaska National Interest Lands Con- be appropriate to prevent any situation in- consistent with the antitrust laws. (11) provide that whenever the owner of servation Act of 1980 (16 U.S.C. 3142) and sec- any producing lease fails to comply with any tion 102(2)(C) of the National Environmental (c) SUBSEQUENT TRANSFERS.—No lease issued under this title may be sold, ex- of the provisions of this title, or of any appli- Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is cable provision of Federal or State environ- hereby found by the Congress to be adequate changed, assigned, sublet, or otherwise transferred except with the approval of the mental law, or of the lease, or of any regula- to satisfy the legal and procedural require- tion issued under this title, such lease may ments of the National Environmental Policy Secretary. Prior to any such approval the Secretary shall consult with, and give due be forfeited and canceled by any appropriate Act of 1969 with respect to actions author- proceeding brought by the Secretary in any ized to be taken by the Secretary to develop consideration to the views of, the Attorney General. United States district court having jurisdic- and promulgate the regulations for the es- tion under the provisions of this title; (d) IMMUNITY.—Nothing in this title shall tablishment of the leasing program author- (12) provide that cancellation of a lease be deemed to convey to any person, associa- ized by this title, to conduct the first lease under this title shall in no way release the tion, corporation, or other business organiza- sale and any subsequent lease sale author- owner of the lease from the obligation to tion immunity from civil or criminal liabil- ized by this title, and to grant rights-of-way provide for reclamation of the lease site; ity, or to create defenses to actions, under and easements to carry out the purposes of (13) allow the lessee, at the discretion of any antitrust law. this title. the Secretary, to make written relinquish- (e) DEFINITIONS.—As used in this section, SEC. 506. LEASE SALES. ment of all rights under any lease issued pur- the term— (a) LEASE SALES.—Lands may be leased suant to this title. The Secretary shall ac- (1) ‘‘antitrust review’’ shall be deemed an pursuant to the provisions of this title to cept such relinquishment by the lessee of ‘‘antitrust investigation’’ for the purposes of any person qualified to obtain a lease for de- any lease issued under this title where there the Antitrust Civil Process Act (15 U.S.C. posits of oil and gas under the Mineral Leas- has not been surface disturbance on the 1311); and ing Act, as amended (30 U.S.C. 181). lands covered by the lease; (2) ‘‘antitrust laws’’ means those Acts set (b) PROCEDURES.—The Secretary shall, by (14) provide that for the purpose of con- regulation, establish procedures for— forth in section 1 of the Clayton Act (15 serving the natural resources of any oil or (1) receipt and consideration of sealed U.S.C. 12) as amended. gas pool, field, or like area, or any part nominations for any area in the Coastal SEC. 508. LEASE TERMS AND CONDITIONS. thereof, and in order to avoid the unneces- Plain for inclusion in, or exclusion (as pro- An oil or gas lease issued pursuant to this sary duplication of facilities, to protect the vided in subsection (c)) from, a lease sale; title shall— environment of the Coastal Plain, and to and (1) be for a tract consisting of a compact protect correlative rights, the Secretary (2) public notice of and comment on des- area not to exceed five thousand seven hun- shall require that, to the greatest extent ignation of areas to be included in, or ex- dred sixty acres, or nine surveyed or pro- practicable, lessees unite with each other in cluded from, a lease sale. tracted sections which shall be as compact in collectively adopting and operating under a (c) LEASE SALES ON COASTAL PLAIN.—The form as possible; cooperative or unit plan of development for Secretary shall, by regulation, provide for (2) be for an initial period of ten years and operation of such pool, field, or like area, or lease sales of lands on the Coastal Plain. shall be extended for so long thereafter as oil any part thereof, and the Secretary is also When lease sales are to be held, they shall or gas is produced in paying quantities from authorized and directed to enter into such occur after the nomination process provided the lease or unit area to which the lease is agreements as are necessary or appropriate for in subsection (b) of this section. For the committed or for so long as drilling or re- for the protection of the United States first lease sale, the Secretary shall offer for working operations, as approved by the Sec- against drainage; lease those acres receiving the greatest num- retary, are conducted on the lease or unit (15) require that the holder of a lease or ber of nominations, but no less than two area; leases on lands within the Coastal Plain hundred thousand acres and no more than (3) require the payment of royalty as pro- shall be fully responsible and liable for the three hundred thousand acres shall be of- vided for in section 507 of this title; reclamation of lands within the Coastal fered. If the total acreage nominated is less (4) require that exploration activities pur- Plain and any other Federal lands adversely than two hundred thousand acres, the Sec- suant to any lease issued or maintained affected in connection with exploration, de- retary shall include in such sale any other under this title shall be conducted in accord- velopment, production or transportation ac- acreage which he believes has the highest re- ance with an exploration plan or a revision tivities on a lease within the Coastal Plain source potential, but in no event shall more of such plan approved by the Secretary; by the holder of a lease or as a result of ac- than three hundred thousand acres of the (5) require that all development and pro- tivities conducted on the lease by any of the Coastal Plain be offered in such sale. With duction pursuant to a lease issued or main- leaseholder’s subcontractors or agents; respect to subsequent lease sales, the Sec- tained pursuant to this title shall be con- (16) provide that the holder of a lease may retary shall offer for lease no less than two ducted in accordance with development and not delegate or convey, by contract of other- hundred thousand acres of the Coastal Plain. production plans approved by the Secretary; wise, the reclamation responsibility and li- The initial lease sale shall be held within (6) require posting of bond as required by ability to another party without the express twenty months of the date of enactment of section 509 of this title; written approval of the Secretary; this title. The second lease sale shall be held (7) provide that the Secretary may close, (17) provide that the standard of reclama- no later than twenty-four months after the on a seasonal basis, portions of the Coastal tion for lands required to be reclaimed under initial sale, with additional sales conducted Plain to exploratory drilling activities as this title be, as nearly as practicable, a con- no later than twelve months thereafter so necessary to protect caribou calving areas dition capable of supporting the uses which long as sufficient interest in development ex- and other species of fish and wildlife; the lands were capable of supporting prior to ists to warrant, in the Secretary’s judgment, (8) contain such provisions relating to any exploration, development, or production the conduct of such sales. rental and other fees as the Secretary may activities, or upon application by the lessee, June 23, 2000 CONGRESSIONAL RECORD — SENATE S5743 to a higher or better use as approved by the velopment or production of, oil or gas pursu- SEC. 513. ENFORCEMENT OF SAFETY AND ENVI- Secretary; ant to this title shall provide the Secretary RONMENTAL REGULATIONS TO EN- (18) contain the terms and conditions relat- access to all data and information from any SURE COMPLIANCE WITH TERMS ing to protection of fish and wildlife, their lease granted pursuant to this title (includ- AND CONDITIONS OF LEASE. habitat, and the environment, as required by ing processed and analyzed) obtained from (a) RESPONSIBILITY OF THE SECRETARY.— section 503(a) of this title; such activity and shall provide copies of such The Secretary shall diligently enforce all (19) provide that the holder of a lease, its data and information as the Secretary may regulations, lease terms, conditions, restric- agents, and contractors use best efforts to request. Such data and information shall be tions, prohibitions, and stipulations promul- provide a fair share, as determined by the provided in accordance with regulations gated pursuant to this title. (b) RESPONSIBILITY OF HOLDERS OF LEASE.— level of obligation previously agreed to in which the Secretary shall prescribe. It shall be the responsibility of any holder of the 1974 agreement implementing section 29 (2) If processed and analyzed information a lease under this title to— of the Federal Agreement and Grant of Right provided pursuant to paragraph (1) is pro- (1) maintain all operations within such of Way for the Operation of the Trans-Alaska vided in good faith by the lessee or per- lease area in compliance with regulations in- Pipeline, of employment and contracting for mittee, such lessee or permittee shall not be tended to protect persons and property on, Alaska Natives and Alaska Native Corpora- responsible for any consequence of the use or and fish and wildlife, their habitat, subsist- tions from throughout the State; of reliance upon such processed and analyzed ence resources, and the environment of, the (20) require project agreements to the ex- information. Coastal Plain; and tent feasible that will ensure productivity (3) Whenever any data or information is (2) allow prompt access at the site of any and consistency recognizing a national inter- provided to the Secretary, pursuant to para- operations subject to regulation under this est in both labor stability and the ability of graph (1)— title to any appropriate Federal or State in- construction labor and management to meet (A) by a lessee or permittee, in the form spector, and to provide such documents and the particular needs and conditions of and manner of processing which is utilized records which are pertinent to occupational projects to be developed under leases issued by such lessee or permittee in the normal or public health, safety, or environmental pursuant to this Act; and conduct of business, the Secretary shall pay protection, as may be requested. (21) contain such other provisions as the the reasonable cost of reproducing such data (c) ON-SITE INSPECTION.—The Secretary Secretary determines necessary to ensure and information; or shall promulgate regulations to provide for— compliance with the provisions of this title (B) by a lessee or permittee, in such other (1) scheduled onsite inspection by the Sec- and the regulations issued under this title. form and manner of processing as the Sec- retary, at least twice a year, of facility on SEC. 509. BONDING REQUIREMENTS TO ENSURE retary may request, the Secretary shall pay the Coastal Plain which is subject to any en- FINANCIAL RESPONSIBILITY OF LES- the reasonable cost of processing and repro- vironmental or safety regulation promul- SEE AND AVOID FEDERAL LIABILITY. ducing such data and information. gated pursuant to this title or conditions (a) REQUIREMENT.—The Secretary shall, by (b) REGULATIONS.—The Secretary shall pre- contained in any lease issue pursuant to this rule or regulation, establish such standards scribe regulations to: (1) assure that the con- title to assure compliance with such environ- as may be necessary to ensure that an ade- fidentiality of privileged or proprietary in- mental or safety regulations or conditions; quate bond, surety, or other financial ar- formation received by the Secretary under and rangement will be established prior to the this section will be maintained; and (2) set (2) periodic onsite inspection by the Sec- commencement of surface disturbing activi- forth the time periods and conditions which retary at least once a year without advance ties on any lease, to ensure the complete and shall be applicable to the release of such in- notice to the operator of such facility to as- timely reclamation of the lease tract, and formation. sure compliance with all environmental or the restoration of any lands or surface wa- safety regulations. ters adversely affected by lease operations SEC. 511. EXPEDITED JUDICIAL REVIEW. after the abandonment or cessation of oil (a) Any complaint seeking judicial review SEC. 514. NEW REVENUES. and gas operations on the lease. Such bond, of any provision in this title, or any other Notwithstanding any other provision of surety, or financial arrangement is in addi- action of the Secretary under this title may law, all revenues received by the Federal tion to, and not in lieu, of any bond, surety, be filed in any appropriate district court of Government from competitive bids, sales, or financial arrangement required by any the United States, and such complaint must bonuses, royalties, rents, fees, or interest de- other regulatory authority or required by be filed within ninety days from the date of rived from the leasing of oil and gas within any other provision of law. the action being challenged, or after such the Coastal Plain shall be deposited into the (b) AMOUNT.—The bond, surety, or finan- date if such complaint is based solely on Treasury of the United States, solely as pro- cial arrangement shall be in an amount— grounds arising after such ninetieth day, in vided in this section. The Secretary of the (1) to be determined by the Secretary to which case the complaint must be filed with- Treasury shall pay to the State of Alaska provide for reclamation of the lease site in in ninety days after the complainant knew the same percentage of such revenues as is accordance with an approved or revised ex- or reasonably should have known of the set forth under the heading ‘‘EXPLORATION ploration or development and production grounds for the complaint: Provided, That OF NATIONAL PETROLEUM RESERVE IN plan; plus any complaint seeking judicial review of an ALASKA’’ in Public Law 96–514 (94 Stat. 2957, (2) set by the Secretary consistent with the action of the Secretary in promulgating any 2964) semiannually to the State of Alaska, on type of operations proposed, to provide the regulation under this title may be filed only March 30 and September 30 of each year and means for rapid and effective cleanup, and to in the United States Court of Appeals for the shall deposit the balance of all such revenues minimize damages resulting from an oil District of Columbia. as miscellaneous receipts in the Treasury. spill, the escape of gas, refuse, domestic (b) Actions of the Secretary with respect TITLE VI—IMPROVEMENTS TO FEDERAL wastewater, hazardous or toxic substances, to which review could have been obtained OIL AND GAS LEASE MANAGEMENT or fire caused by oil and gas activities. under this section shall not be subject to ju- SEC. 601. TITLE. (c) ADJUSTMENT.—In the event that an ap- dicial review in any civil or criminal pro- This title may be cited as the ‘‘Federal Oil proved exploration or development and pro- ceeding for enforcement. and Gas Lease Management Improvement duction plan is revised, the Secretary may SEC. 512. RIGHTS-OF-WAY ACROSS THE COASTAL Act of 2000’’. adjust the amount of the bond, surety, or PLAIN. SEC. 602. DEFINITIONS. other financial arrangement to conform to Notwithstanding title XI of the Alaska Na- In this title— such modified plan. tional Interest Lands Conservation Act of (a) APPLICATION FOR A PERMIT TO DRILL.— (d) DURATION.—The responsibility and li- 1980 (16 U.S.C. 3161 et seq.), the Secretary is The term ‘‘application for a permit to drill’’ ability of the lessee and its surety under the authorized and directed to grant, in accord- means a drilling plan including design, me- bond, surety, or other financial arrangement ance with the provisions of section 28 (c) chanical, and engineering aspects for drilling shall continue until such time as the Sec- through (t) and (v) through (y) of the Min- a well. retary determines that there has been com- eral Leasing Act of 1920 (30 U.S.C. 185), (b) FEDERAL LAND.— pliance with the terms and conditions of the rights-of-way and easements across the (1) IN GENERAL.—The term ‘‘Federal land’’ lease and all applicable law. Coastal Plain for the transportation of oil means all land and interests in land owned (e) TERMINATION.—Within sixty days after and gas under such terms and conditions as by the United States that are subject to the determining that there has been compliance may be necessary so as not to result in a sig- mineral leasing laws, including mineral re- with the terms and conditions of the lease nificant adverse effect on the fish and wild- sources or mineral estates reserved to the and all applicable laws, the Secretary, after life, subsistence resources, their habitat, and United States in the conveyance of a surface consultation with affected Federal and State the environment of the Coastal Plain. Such or nonmineral estate. agencies, shall notify the lessee that the pe- terms and conditions shall include require- (2) EXCLUSION.—The term ‘‘Federal land’’ riod of liability under the bond, surety, or ments that facilities be sited or modified so does not include— other financial arrangement has been termi- as to avoid unnecessary duplication of roads (i) Indian land (as defined in section 3 of nated. and pipelines. The regulations issued as re- the Federal Oil and Gas Royalty Manage- SEC. 510. OIL AND GAS INFORMATION. quired by section 504 of this title shall in- ment Act of 1982 (30 U.S.C. 1702)); or (a) IN GENERAL.—(1) Any lessee or per- clude provisions granting rights-of-way and (ii) submerged land on the Outer Conti- mittee conducting any exploration for, or de- easements across the Coastal Plain. nental Shelf (as defined in section 2 of the S5744 CONGRESSIONAL RECORD — SENATE June 23, 2000 Outer Continental Shelf Lands Act (43 U.S.C. oil and gas conservation laws and require- eral Land Policy and Management Act of 1331)). ments pertaining to transferred oil and gas 1976 (43 U.S.C. 1734, 1764) and section 9701 of (c) OIL AND GAS CONSERVATION AUTHOR- lease operations and related operations with title 31, United State Code, the Secretary ITY.—The term ‘‘oil and gas conservation au- due regard to the national interest in the ex- shall not recover the Secretary’s costs with thority’’ means the agency or agencies in pedited, environmentally sound development respect to applications and other documents each State responsible for regulating for con- of oil and gas resources in a manner con- relating to oil and gas leases. servation purposes operations to explore for sistent with oil and gas conservation prin- (b) COMPLETION OF PLANNING DOCUMENTS and produce oil and natural gas. ciples. AND ANALYSES.— (d) PROJECT.—The term ‘‘project’’ means (2) APPEALS.—Following a transfer of au- (1) IN GENERAL.—The Secretary shall com- an activity by a lessee, an operator, or an op- thority under section 610, an appeal of any plete any resource management planning erating rights owner to explore for, develop, decision made by a State oil and gas con- documents and analyses not later than 90 produce, or transport oil or gas resources. servation authority shall be made in accord- days after receiving any offer, application, (e) SECRETARY.—The term ‘‘Secretary’’ ance with State administrative procedures. or request for which a planning document or means— (c) PENDING ENFORCEMENT ACTIONS.—The analysis is required to be prepared. (1) the Secretary of the Interior, with re- Secretary may continue to enforce any pend- (2) PREPARATION BY APPLICANT OR LESSEE.— spect to land under the administrative juris- ing actions respecting acts committed before If the Secretary is unable to complete the diction of the Department of the Interior; the date on which authority is transferred to document or analysis within the time pre- and a State under section 610 until those pro- scribed by paragraph (1), the Secretary shall (2) the Secretary of Agriculture, with re- ceedings are concluded. notify the applicant or lessee of the oppor- (d) PENDING APPLICATIONS.— spect to land under the administrative juris- tunity to prepare the required document or (1) TRANSFER TO STATE.—All applications diction of the Department of Agriculture. analysis for the agency’s review and use in respecting oil and gas lease operations and (f) SURFACE USE PLAN OF OPERATIONS.—The decisionmaking. related operations on Federal land pending term ‘‘surface use plan of operations’’ means (c) REIMBURSEMENT FOR COSTS OF NEPA OF before the Secretary on the date on which a plan for surface use, disturbance, and rec- ANALYSES, DOCUMENTATION, AND STUDIES.— authority is transferred under section 610 lamation. If— shall be immediately transferred to the oil SEC. 603. NO PROPERTY RIGHT. (1) adequate funding to enable the Sec- and gas conservation authority of the State Nothing in this title gives a State a prop- retary to timely prepare a project-level anal- in which the lease is located. erty right or interest in any Federal lease or ysis required under the National Environ- (2) ACTION BY THE STATE.—The oil and gas land. mental Policy Act of 1969 (42 U.S.C. 4321 et conservation authority shall act on the ap- seq.) with respect to an oil or gas lease is not Subtitle A—State Option To Regulate Oil and plication in accordance with State laws (in- appropriated; and Gas Lease Operations on Federal Land cluding regulations) and requirements. SEC. 610. TRANSFER OF AUTHORITY. (2) the lessee, operator, or operating rights Subtitle B—Use of Cost Savings From State owner voluntarily pays for the cost of the re- (a) NOTIFICATION.—Not before the date that Regulation is 180 days after the date of enactment of quired analysis, documentation, or related SEC. 621. COMPENSATION FOR COSTS. this Act, a State may notify the Secretary of study; (a) IN GENERAL.—Subject to the avail- the Secretary shall reimburse the lessee, op- its intent to accept authority for regulation ability of appropriations, the Secretary shall of operations, as described in subparagraphs erator, or operating rights owner for its compensate any State for costs incurred to costs through royalty credits attributable to (A) through (K) of subsection (b)(2), under oil carry out the authorities transferred under and gas leases on Federal land within the the lease, unit agreement, or project area. section 610. SEC. 632. TIMELY ISSUANCE OF DECISIONS. State. (b) PAYMENT SCHEDULE.—Payments shall (b) TRANSFER OF AUTHORITY.— be made not less frequently than every quar- (a) IN GENERAL.—The Secretary shall en- (1) IN GENERAL.—Effective 180 days after ter. sure the timely issuance of Federal agency the Secretary receives the State’s notice, au- (c) COST BREAKDOWN REPORT.—Each State decisions respecting oil and gas leasing and thority for the regulation of oil and gas leas- seeking compensation shall report to the operations on Federal land. ing operations is transferred from the Sec- Secretary a cost breakdown for the authori- (b) OFFER TO LEASE.— retary to the State. ties transferred. (1) DEADLINE.—The Secretary shall accept (2) AUTHORITY INCLUDED.—The authority (d) LIMITATION ON AMOUNT.— or reject an offer to lease not later than 90 transferred under paragraph (1) includes— (1) IN GENERAL.—Compensation to a State days after the filing of the offer. (A) processing and approving applications may not exceed 50 percent of the Secretary’s (2) FAILURE TO MEET DEADLINE.—If an offer for permits to drill, subject to surface use allocated cost for oil and gas leasing activi- is not acted upon within that time, the offer agreements and other terms and conditions ties under section 35(b) of the Act of Feb- shall be deemed to have been accepted. determined by the Secretary; ruary 25, 1920 (commonly known as the (c) APPLICATION FOR PERMIT TO DRILL.— (B) production operations; ‘‘Mineral Leasing Act’’) (30 U.S.C. 191(b)) for (1) DEADLINE.—The Secretary and a State (C) well testing; the State for fiscal year 1997. that has accepted a transfer of authority (D) well completion; (2) ADJUSTMENT.—The Secretary shall ad- under section 610 shall approve or disapprove (E) well spacing; just the maximum level of cost compensa- an application for permit to drill not later (F) communization; tion at least once every 2 years to reflect than 30 days after receiving a complete ap- (G) conversion of a producing well to a any increases in the Consumer Price Index plication. water well; (all items, United States city average) as (2) FAILURE TO MEET DEADLINE.—If the ap- (H) well abandonment procedures; prepared by the Department of Labor, using plication is not acted on within the time pre- (I) inspections; 1997 as the baseline year. scribed by paragraph (1), the application (J) enforcement activities; and SEC. 622. EXCLUSION OF COSTS OF PREPARING shall be deemed to have been approved. (K) site security. PLANNING DOCUMENTS AND ANAL- (d) SURFACE USE PLAN OF OPERATIONS.— (c) RETAINED AUTHORITY.—The Secretary YSES. The Secretary shall approve or disapprove a shall— Section 35 of the Act of February 25, 1920 surface use plan of operations not later than (1) retain authority over the issuance of (30 U.S.C. 191(b)) is amended by adding at the 30 days after receipt of a complete plan. leases and the approval of surface use plans end the following: (e) ADMINISTRATIVE APPEALS.— of operations and project-level environ- ‘‘(6) The Secretary shall not include, for (1) DEADLINE.—From the time that a Fed- mental analyses; and the purpose of calculating the deduction eral oil and gas lessee or operator files a no- (2) spend appropriated funds to ensure that under paragraph (1), costs of preparing re- tice of administrative appeal of a decision or timely decisions are made respecting oil and source management planning documents and order of an officer or employee of the Depart- gas leasing, taking into consideration mul- analyses for areas in which mineral leasing ment of the Interior or the Forest Service re- tiple uses of Federal land, socioeconomic and is excluded or areas in which the primary ac- specting a Federal oil and gas Federal lease, environmental impacts, and the results of tivity under review is not mineral leasing the Secretary shall have 2 years in which to consultations with State and local govern- and development.’’. issue a final decision in the appeal. ment officials. SEC. 623. RECEIPT SHARING. (2) FAILURE TO MEET DEADLINE.—If no final SEC. 611. ACTIVITY FOLLOWING TRANSFER OF Section 35(b) of the Act of February 25, 1920 decision has been issued within the time pre- AUTHORITY. (30 U.S.C. 191(b)) is amended by striking scribed by paragraph (1), the appeal shall be (a) FEDERAL AGENCIES.—Following the ‘‘paid to States’’ and inserting ‘‘paid to deemed to have been granted. transfer of authority, no Federal agency States (other than States that accept a SEC. 633. ELIMINATION OF UNWARRANTED DENI- shall exercise the authority formerly held by transfer of authority under section 610 of the ALS AND STAYS. the Secretary as to oil and gas lease oper- Federal Oil and Gas Lease Management Act (a) IN GENERAL.—The Secretary shall en- ations and related operations on Federal of 2000)’’. sure that unwarranted denials and stays of land. Subtitle C—Streamlining and Cost Reduction lease issuance and unwarranted restrictions (b) STATE AUTHORITY.— SEC. 631. APPLICATIONS. on lease operations are eliminated from the (1) IN GENERAL.—Following the transfer of (a) LIMITATION ON COST RECOVERY.—Not- administration of oil and gas leasing on Fed- authority, each State shall enforce its own withstanding sections 304 and 504 of the Fed- eral land. June 23, 2000 CONGRESSIONAL RECORD — SENATE S5745

(b) LAND DESIGNATED FOR MULTIPLE USE.— (2) specify the percentages of the reserves the production is put in marketable condi- (1) IN GENERAL.—Land designated as avail- and resources that are on— tion), marketing, processing, and other serv- able for multiple use under Bureau of Land (A) land that is open for leasing as of the ices beyond the lease through the point of Management resource management plans date of enactment of this Act that has never sale, other disposition, or delivery;’’. and Forest Service leasing analyses shall be been leased; SEC. 643. AMENDMENT OF MINERAL LEASING available for oil and gas leasing without (B) land that is open for leasing or develop- ACT. lease stipulations more stringent than re- ment subject to no surface occupancy stipu- Section 17(c) of the Act of February 25, 1920 strictions on surface use and operations im- lations; and (30 U.S.C. 226(c)) (commonly known as the posed under the laws (including regulations) (C) land that is open for leasing or develop- ‘‘Mineral Leasing Act’’), is amended by add- of the State oil and gas conservation author- ment subject to other lease stipulations that ing at the end the following: ity unless the Secretary includes in the deci- have significantly impeded or prevented, or ‘‘(3) ROYALTY DUE IN VALUE.— sion approving the management plan or leas- are likely to significantly impede or prevent, ‘‘(A) IN GENERAL.—Royalty due in value ing analysis a written explanation why more development; and shall be based on the value of oil or gas pro- stringent stipulations are warranted. (3) indicate the percentage of oil and gas duction at the lease in marketable condi- (2) APPEAL.—Any decision to require a resources that are not available for leasing tion, and the royalty due in amount shall be more stringent stipulation shall be adminis- or are withdrawn from leasing. based on the royalty share of production at tratively appealable and, following a final (c) PUBLIC COMMENT.— the lease. agency decision, shall be subject to judicial (1) IN GENERAL.—The Secretary of the Inte- ‘‘(B) CALCULATION OF VALUE OR AMOUNT review. rior shall invite public comment on the in- FROM A POINT AWAY FROM A LEASE.—If the (c) REJECTION OF OFFER TO LEASE.— ventory to be filed not later than September payment in value or amount is calculated (1) IN GENERAL.—If the Secretary rejects an 30, 2001. from a point away from the lease— offer to lease on the ground that the land is (2) RESOURCE MANAGEMENT DECISIONS.—Spe- ‘‘(i) the payment shall be adjusted for qual- unavailable for leasing, the Secretary shall cifically, the Secretary of the Interior shall ity and location differentials; and provide a written, detailed explanation of invite public comment on the effect of Fed- ‘‘(ii) the lessee shall be allowed reimburse- the reasons the land is unavailable for leas- eral resource management decisions on past ments at a reasonable commercial rate for ing. and future oil and gas development. transportation (including transportation to (2) PREVIOUS RESOURCE MANAGEMENT DECI- (d) REPORT.— the point where the production is put in SION.—If the determination of unavailability (1) IN GENERAL.—Not later than March 31, marketable condition), marketing, proc- is based on a previous resource management 2002, the Secretary of the Interior shall sub- essing, and other services beyond the lease decision, the explanation shall include a mit to the President of the Senate and the through the point of sale, other disposition, careful assessment of whether the reasons Speaker of the House of Representatives a or delivery;’’. report comprised of the revised inventory underlying the previous decision are still SEC. 644. INDIAN LAND. persuasive. and responses to the public comments. This subtitle shall not apply with respect (3) SEGREGATION OF AVAILABLE LAND FROM (2) CONTENTS.—The report shall specifi- to Indian land. UNAVAILABLE LAND.—The Secretary may not cally indicate what steps the Secretaries be- reject an offer to lease land available for lieve are necessary to increase the percent- Subtitle E—Royalty Reinvestment in America leasing on the ground that the offer includes age of land open for development of oil and SEC. 651. ROYALTY INCENTIVE PROGRAM. land unavailable for leasing, and the Sec- gas resources. (a) IN GENERAL.—To encourage exploration retary shall segregate available land from Subtitle D—Federal Royalty Certainty and development expenditures on Federal unavailable land, on the offeror’s request fol- SEC. 641. DEFINITIONS. land and the Outer Continental Shelf for the lowing notice by the Secretary, before acting In this subtitle.— development of oil and gas resources when on the offer to lease. (a) MARKETABLE CONDITION.—The term the cash price of West Texas Intermediate (d) DISAPPROVAL OR REQUIRED MODIFICA- ‘‘marketable condition’’ means lease produc- crude oil, as posted on the Dow Jones Com- TION OF SURFACE USE PLANS OF OPERATIONS tion that is sufficiently free from impurities modities Index chart is less than $18 per bar- AND APPLICATION FOR PERMIT TO DRILL.—The and otherwise in a condition that the pro- rel for 90 consecutive pricing days or when Secretary shall provide a written, detailed duction will be accepted by a purchaser natural gas prices as delivered at Henry Hub, explanation of the reasons for disapproving under a sales contract typical for the field or Louisiana, are less than $2.30 per million or requiring modifications of any surface use area. British thermal units for 90 consecutive plan of operations or application for permit (b) REASONABLE COMMERCIAL RATE.— days, the Secretary shall allow a credit to drill. (1) IN GENERAL.—The term ‘‘reasonable against the payment of royalties on Federal (e) EFFECTIVENESS OF DECISION.—A decision commercial rate’’ means— oil production and gas production, respec- of the Secretary respecting an oil and gas tively, in an amount equal to 20 percent of lease shall be effective pending administra- (A) in the case of an arm’s-length contract, the actual cost incurred by the lessee; or the capital expenditures made on explo- tive appeal to the appropriate office within ration and development activities on Federal the Department of the Interior or the De- (B) in the case of a non-arm’s-length oil and gas leases. partment of Agriculture unless that office contract— (b) NO CREDITING AGAINST ONSHORE FED- grants a stay in response to a petition satis- (i) the rate charged in a contract for simi- ERAL ROYALTY OBLIGATIONS.—In no case fying the criteria for a stay established by lar services in the same area between parties shall such capital expenditures made on section 4.21(b) of title 43, Code of Federal with opposing economic interests; or Outer Continental Shelf leases be credited Regulations (or any successor regulation). (ii) if there are no arm’s-length contracts against onshore Federal royalty obligations. SEC. 634. REPORTS. for similar services in the same area, the SEC. 652. MARGINAL WELL PRODUCTION INCEN- (a) IN GENERAL.—Not later than March 31, just and reasonable rate for the transpor- TIVES. 2001, the Secretaries shall jointly submit to tation service rendered by the lessee or les- the Congress a report explaining the most ef- see’s affiliate. To enhance the economics of marginal oil ficient means of eliminating overlapping ju- (2) DISPUTES.—Disputes between the Sec- and gas production by increasing the ulti- risdiction, duplication of effort, and incon- retary and a lessee over what constitutes a mate recovery from marginal wells when the sistent policymaking and policy implemen- just and reasonable rate for such service cash price of West Texas Intermediate crude tation as between the Bureau of Land Man- shall be resolved by the Federal Energy Reg- oil, as posted on the Dow Jones Commodities agement and the Forest Service. ulatory Commission. Index Chart is less than $18 per barrel for 90 (b) RECOMMENDATIONS.—The report shall SEC. 642. AMENDMENT OF OUTER CONTINENTAL consecutive pricing days or when natural gas include recommendations on statutory SHELF LANDS ACT. prices are delivered at Henry Hub, Louisiana, changes needed to implement the report’s Section 8(b)(3) of the Outer Continental are less than $2.30 per million British ther- conclusions. Shelf Lands Act (43 U.S.C. 1337(b)(3)) is mal units for 90 consecutive days, the Sec- SEC. 635. SCIENTIFIC INVENTORY OF OIL AND amended by striking the semicolon at the retary shall reduce the royalty rate as pro- GAS RESERVES. end and adding the following: duction declines for— (a) IN GENERAL.—Not later than March 31, ‘‘: Provided, That if the payment is in value (1) onshore oil wells producing less than 30 2001, the Secretary of the Interior, in con- or amount, the royalty due in value shall be barrels per day; sultation with the Director of the United based on the value of oil or gas production at (2) onshore gas wells producing less than States Geological Survey, shall publish, the lease in marketable condition, and the 120 million British thermal units per day; through notice in the Federal Register, a royalty due in amount shall be based on the (3) offshore oil wells producing less than science-based national inventory of the oil royalty share of production at the lease; if 300 barrels of oil per day; and and gas reserves and potential resources un- the payment in value or amount is cal- (4) offshore gas wells producing less than derlying Federal land and the Outer Conti- culated from a point away from the lease, 1,200 million British thermal units per day. nental Shelf. the payment shall be adjusted for quality SEC. 653. SUSPENSION OF PRODUCTION ON OIL (b) CONTENTS.—The inventory shall— and location differentials, and the lessee AND GAS OPERATIONS. (1) indicate what percentage of the oil and shall be allowed reimbursements at a reason- (a) IN GENERAL.—Any person operating an gas reserves and resources is currently avail- able commercial rate for transportation (in- oil well under a lease issued under the Act of able for leasing and development; and cluding transportation to the point where February 25, 1920 (commonly known as the S5746 CONGRESSIONAL RECORD — SENATE June 23, 2000

‘‘Mineral Leasing Act’’) (30 U.S.C. 181 et seq.) measurement beginning or ending point is a ‘‘(c) QUALIFIED CRUDE OIL AND NATURAL or the Mineral Leasing Act for Acquired well, the measurement point shall be the GAS PRODUCTION.—For purposes of this Lands (30 U.S.C. 351 et seq.) may submit a bottom hole location of that well.’’. section— notice to the Secretary of the Interior of sus- TITLE VII—TAX MEASURES TO ENHANCE ‘‘(1) IN GENERAL.—The terms ‘qualified pension of operation and production at the DOMESTIC OIL AND GAS PRODUCTION crude oil production’ and ‘qualified natural well. gas production’ mean domestic crude oil or (b) PRODUCTION QUANTITIES NOT A FAC- Subtitle A—Marginal Well Preservation natural gas which is produced from a mar- TOR.—A notice under subsection (a) may be SEC. 801. SHORT TITLE; PURPOSE; AMENDMENT ginal well. submitted without regard to per day produc- OF 1986 CODE. ‘‘(2) LIMITATION ON AMOUNT OF PRODUCTION tion quantities at the well and without re- (a) This subtitle may be cited as the ‘‘Mar- WHICH MAY QUALIFY.— gard to the requirements of subsection (a) of ginal Well Preservation Act of 2000’’. ‘‘(A) IN GENERAL.—Crude oil or natural gas section 3103.4–4 of title 43 of the Code of Fed- (b) The purpose of section 802 is to prevent produced during any taxable year from any eral Regulations (or any successor regula- the abandonment of marginal oil and gas well shall not be treated as qualified crude tion) respecting the granting of such relief, wells responsible for half of the domestic oil production or qualified natural gas pro- except that the notice shall be submitted to production of oil and gas in the United duction to the extent production from the an office in the Department of the Interior States and of section 803 is to recognize that well during the taxable year exceeds 1,095 designated by the Secretary of the Interior. geological and geophysical expenditures and barrels or barrel equivalents. (c) PERIOD OF RELIEF.—On submission of a delay rentals are ordinary and necessary ‘‘(B) PROPORTIONATE REDUCTIONS.— notice under subsection (a) for an oil well, business expenses that should be deducted in ‘‘(i) SHORT TAXABLE YEARS.—In the case of the operator of the well may suspend oper- the year the expense is incurred. a short taxable year, the limitations under ation and production at the well for a period (c) Except as otherwise expressly provided, this paragraph shall be proportionately re- beginning on the date of submission of the whenever in this subtitle an amendment or duced to reflect the ratio which the number notice and ending on the later of— repeal is expressed in terms of an amend- of days in such taxable year bears to 365. (1) the date that is 2 years after the date on ment to, or repeal of, a section or other pro- ‘‘(ii) WELLS NOT IN PRODUCTION ENTIRE which the suspension of operation and pro- vision, the reference shall be considered to YEAR.—In the case of a well which is not ca- duction commences; or be made to a section or other provision of pable of production during each day of a tax- (2) the date on which the cash price of West the Internal Revenue Code of 1986. able year, the limitations under this para- Texas Intermediate crude oil, as posted on SEC. 802. TAX CREDIT FOR MARGINAL DOMESTIC graph applicable to the well shall be propor- the Dow Jones Commodities Index chart is OIL AND NATURAL GAS WELL PRO- tionately reduced to reflect the ratio which greater than $15 per barrel for 90 consecutive DUCTION. the number of days of production bears to pricing days. (a) Subpart D of part IV of subchapter A of the total number of days in the taxable year. TITLE VII—FRONTIER OIL AND GAS EX- chapter 1 (relating to business credits) is ‘‘(3) DEFINITIONS.— PLORATION AND DEVELOPMENT INCEN- amended by adding at the end the following ‘‘(A) MARGINAL WELL.—The term ‘marginal TIVES new section: well’ means a domestic well— SEC. 701. TITLE. ‘‘SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS ‘‘(i) the production from which during the This title may be cited as the ‘‘Frontier FROM MARGINAL WELLS. taxable year is treated as marginal produc- Exploration and Development Incentives Act ‘‘(a) GENERAL RULE.—For purposes of sec- tion under section 613A(c)(6), or of 2000’’. tion 38, the marginal well production credit ‘‘(ii) which, during the taxable year— ‘‘(I) has average daily production of not SEC. 702. AMENDMENTS TO THE OUTER CONTI- for any taxable year is an amount equal to NENTAL SHELF LANDS ACT. the product of— more than 25 barrel equivalents, and (a) Section 8(a)(1)(D) of the Outer Conti- ‘‘(1) the credit amount, and ‘‘(II) produces water at a rate not less than nental Shelf Lands Act, (43 U.S.C. ‘‘(2) the qualified crude oil production and 95 percent of total well effluent. 1337(a)(1)(D)) is amended by striking the the qualified natural gas production which is ‘‘(B) CRUDE OIL, ETC.—The terms ‘crude word ‘‘area;’’ and inserting in lieu thereof attributable to the taxpayer. oil’, ‘natural gas’, ‘domestic’, and ‘barrel’ the word ‘‘area,’’ and the following new text: ‘‘(b) CREDIT AMOUNT.—For purposes of this have the meanings given such terms by sec- ‘‘except in the Arctic areas of Alaska, where section— tion 613A(e). the Secretary is authorized to set the net ‘‘(1) IN GENERAL.—The credit amount is— ‘‘(C) BARREL EQUIVALENT.—The term ‘bar- rel equivalent’ means, with respect to nat- profit share at 162⁄3 percent. For purposes of ‘‘(A) $3 per barrel of qualified crude oil pro- this section, ‘Arctic areas’ means the Beau- duction, and ural gas, a conversion ratio of 6,000 cubic feet fort Sea and Chukchi Sea Planning Areas of ‘‘(B) 50 cents per 1,000 cubic feet of quali- of natural gas to 1 barrel of crude oil. Alaska.’’. fied natural gas production. ‘‘(d) OTHER RULES.— (b) Section 8(a) of the Outer Continental ‘‘(2) REDUCTION AS OIL AND GAS PRICES IN- ‘‘(1) PRODUCTION ATTRIBUTABLE TO THE TAX- Shelf Lands Act (43 U.S.C. 1337(a)) is amend- CREASE.— PAYER.—In the case of a marginal well in ed by adding a new subparagraph (10) at the ‘‘(A) IN GENERAL.—The $3 and 50 cents which there is more than one owner of oper- end thereof: amounts under paragraph (1) shall each be ating interests in the well and the crude oil ‘‘(10) After an oil and gas lease is granted reduced (but not below zero) by an amount or natural gas production exceeds the limita- pursuant to any of the bidding systems of which bears the same ratio to such amount tion under subsection (c)(2), qualifying crude paragraph (1) of this subsection, the Sec- (determined without regard to this para- oil production or qualifying natural gas pro- retary shall reduce any future royalty or graph) as— duction attributable to the taxpayer shall be rental obligation of the lessee on any lease ‘‘(i) the excess (if any) of the applicable determined on the basis of the ratio which issued by the Secretary (and proposed by the reference price over $14 ($1.56 for qualified taxpayer’s revenue interest in the produc- lessee for such reduction) by an amount natural gas production), bears to tion bears to the aggregate to the revenue equal to (a) 10 percent of the qualified costs ‘‘(ii) $3 ($0.33 for qualified natural gas pro- interests of all operating interest owners in of exploratory wells drilled or geophysical duction). the production. work performed on any lease issued by the The applicable reference price for a taxable ‘‘(2) OPERATING INTEREST REQUIRED.—Any Secretary, whichever is greater, pursuant to year is the reference price for the calendar credit under this section may be claimed this Act in Arctic areas and (b) an additional year preceding the calendar year in which only on production which is attributable to 10 percent of the qualified costs of any such the taxable year begins. the holder of an operating interest. exploratory wells which are located ten or ‘‘(B) INFLATION ADJUSTMENT.—In the case ‘‘(3) PRODUCTION FROM NONCONVENTIONAL more miles from another well drilled for oil of any taxable year beginning in a calendar SOURCES EXCLUDED.—In the case of produc- and gas. For purposes of this Act—‘qualified year after 2000, each of the dollar amounts tion from a marginal well which is eligible costs’ shall mean the costs allocated to the contained in subparagraph (A) shall be in- for the credit allowed under section 29 for exploratory well or geophysical work in sup- creased to an amount equal to such dollar the taxable year, no credit shall be allowable port of an exploration program pursuant to amount multiplied by the inflation adjust- under this section unless the taxpayer elects 26 U.S.C. as amended; ‘exploratory well’ shall ment factor for such calendar year (deter- not to claim credit under section 29 with re- mean either an exploratory well as defined mined under section 43(b)(3)(B) by sub- spect to the well.’’. by the United States Securities and Ex- stituting ‘1999’ for ‘1990’). (b) CREDIT TREATED AS BUSINESS CREDIT.— change Commission in 17 C.F.R. 210.4– ‘‘(C) REFERENCE PRICE.—For purposes of Section 38(b) is amended by striking ‘‘plus’’ 10(a)(10), as amended, or a well three or more this paragraph, the term ‘reference price’ at the end of paragraph (11), by striking the miles from any oil or gas well or a pipeline means, with respect to any calendar year— period at the end of paragraph (12) and in- which transports oil or gas to a market or ‘‘(i) in the case of qualified crude oil pro- serting’’, plus’’, and by adding at the end of terminal; ‘geophysical work’ shall mean all duction, the reference price determined the following new paragraph— geophysical data gathering methods used in under section 29(d)(2)(C), and ‘‘(13) the marginal oil and gas well produc- hydrocarbon exploration and includes seis- ‘‘(ii) in the case of qualified natural gas tion credit determined under section mic, gravity, magnetic, and electromagnetic production, the Secretary’s estimate of the 45D(a).’’. measurements; and, all distances shall be annual average wellhead price per 1,000 cubic (c) CREDIT ALLOWED AGAINST REGULAR AND measured in horizontal distance. When a feet for all domestic natural gas. MINIMUM TAX.— June 23, 2000 CONGRESSIONAL RECORD — SENATE S5747

(1) IN GENERAL.—Subsection (c) of section paid or incurred after the date of the enact- year determined without regard to sub- 38 (relating to limitation based on amount of ment of this Act. section (b)(1)(H).’’. tax) is amended by redesignating paragraph (2) In the case of any expenses described in (c) EFFECTIVE DATE.—The amendments (3) as paragraph (4) and by inserting after section 263(j) of the Internal Revenue Code of made by this section shall apply to net oper- paragraph (2) the following new paragraph— 1986, as added by subsections (a) and (b), ating losses for taxable years beginning after ‘‘(3) SPECIAL RULES FOR MARGINAL OIL AND which were paid or incurred on or before the December 31, 1998. GAS WELL PRODUCTION CREDIT.— date of the enactment of this Act, the tax- SEC. 811. TEMPORARY SUSPENSION OF LIMITA- ‘‘(A) IN GENERAL.—In the case of the mar- payer may elect, at such time and in such TION BASED ON 65 PERCENT OF TAX- ginal oil and gas well production credit— manner as the Secretary of the Treasury ABLE INCOME. ‘‘(i) this section and section 39 shall be ap- may prescribe, to amortize the suspended (a) IN GENERAL.—Subsection (d) of section plied separately with respect to the credit, portion of such expenses over the 36-month 613A (relating to limitation on percentage and period beginning with the month in which depletion in case of oil and gas wells) is ‘‘(ii) in applying paragraph (1) to the the date of the enactment of this Act occurs. amended by adding at the end the following credit— For purposes of this paragraph, the sus- new paragraph— ‘‘(I) subparagraphs (A) and (B) thereof shall pended portion of any expense is that portion ‘‘(6) TEMPORARY SUSPENSION OF TAXABLE IN- not apply, and of such expense which, as of the first day of COME LIMIT.—Paragraph (1) shall not apply to ‘‘(II) the limitation under paragraph (1) (as the 36-month period, has not been included taxable years beginning after December 31, modified by subclause (I)) shall be reduced in the cost of a property or otherwise de- 1998, and before January 1, 2005, including by the credit allowed under subsection (a) for ducted. with respect to amounts carried under the the taxable year (other than the marginal oil (d) Section 263 (relating to capital expendi- second sentence of paragraph (1) to such tax- and gas well production credit). tures), as amended by subsection (b), is able years.’’. ‘‘(B) MARGINAL OIL AND GAS WELL PRODUC- amended by adding at the end the following (b) EFFECTIVE DATE.—The amendment TION CREDIT.—For purposes of this sub- new subsection— made by this section shall apply to taxable section, the term ‘marginal oil and gas well ‘‘(k) DELAY RENTAL PAYMENTS FOR DOMES- years beginning after December 31, 1998. TIC OIL AND GAS WELLS.— production credit’ means the credit allow- TITLE IX—TAX MEASURES TO ENHANCE ‘‘(1) IN GENERAL.—Notwithstanding sub- able under subsection (a) by reason of sec- THE USE OF RENEWABLE ENERGY section (a), a taxpayer may elect to treat tion 45D(a).’’. SOURCES, IMPROVE ENERGY EFFI- delay rental payments incurred in connec- (2) CONFORMING AMENDMENT.—Subclause CIENCIES, PROTECT CONSUMERS AND tion with the development of oil or gas with- (II) of section 38(c)(2)(A)(ii) is amended by in- CONVERSION TO CLEAN BURNING in the United States (as defined in section serting ‘‘or the marginal oil and gas well FUELS production credit’’ after ‘‘employment cred- 638) as payments which are not chargeable to capital account. Any payments so treated SEC. 901. CREDIT FOR ELECTRICITY PRODUCED it’’. FROM RENEWABLE RESOURCES. (d) CARRYBACK.—Subsection (a) of section shall be allowed as a deduction in the tax- (a) EXTENSION AND MODIFICATION OF 39 (relating to carryback and carryforward of able year in which paid or incurred. ‘‘(2) DELAY RENTAL PAYMENTS.—For pur- PLACED-IN-SERVICE RULES.—Paragraph (3) of unused credits generally) is amended by add- section 45(c) of the Internal Revenue Code of ing at the end the following new paragraph— poses of paragraph (1), the term ‘delay rental 1986 is amended to read as follows: ‘‘(3) 10-YEAR CARRYBACK FOR MARGINAL OIL payment’ means an amount paid for the ‘‘(3) QUALIFIED FACILITY.— AND GAS WELL PRODUCTION CREDIT.—In the privilege of deferring the drilling of an oil or ‘‘(A) WIND FACILITIES.—In the case of a fa- case of the marginal oil and gas well produc- gas well under an oil or gas lease.’’. cility using wind to produce electricity, the tion credit— Subtitle B—Independent Oil and Gas term ‘qualified facility’ means any facility ‘‘(A) this section shall be applied sepa- Producers owned by the taxpayer which is originally rately from the business credit (other than SEC. 810. 5-YEAR NET OPERATING LOSS placed in service after December 31, 1993, and the marginal oil and gas well production CARRYBACK FOR LOSSES ATTRIB- before July 1, 2004. credit), UTABLE TO OPERATING MINERAL ‘‘(B) BIOMASS FACILITIES.—In the case of a ‘‘(B) paragraph (1) shall be applied by sub- INTERESTS OF INDEPENDENT OIL facility using biomass to produce electricity, stituting ‘10 taxable year’ for ‘1 taxable year’ AND GAS PRODUCERS. the term ‘qualified facility’ means, with re- in subparagraph (A) thereof, and (a) Paragraph (1) of section 172(b) (relating spect to any month, any facility owned, ‘‘(C) paragraph (2) shall be applied— to years to which loss may be carried) is leased, or operated by the taxpayer which is ‘‘(i) by substituting ‘31 taxable years’ for amended by adding at the end the following originally placed in service before July 1, ‘21 taxable years’ in subparagraph (A) thereo, new subparagraph— 2004, if, for such month— and ‘‘(H) LOSSES ON OPERATING MINERAL INTER- ‘‘(i) biomass comprises not less than 75 per- ‘‘(ii) by substituting ‘30 taxable years’ for ESTS OF INDEPENDENT OIL AND GAS PRO- cent (on a Btu basis) of the average monthly ‘20 taxable years’ in subparagraph (B) there- DUCERS.—In the case of a taxpayer— fuel input of the facility for the taxable year of.’’. ‘‘(i) which has an eligible oil and gas loss which includes such month, or (e) COORDINATION WITH SECTION 29.—Sec- (as defined in subsection (j)) for a taxable tion 29(a) is amended by striking ‘‘There’’ year, and ‘‘(ii) in the case of a facility principally and inserting ‘‘At the election of the tax- ‘‘(ii) which is not an integrated oil com- using coal to produce electricity, biomass payer, there.’’ pany (as defined in section 291(b)(4)), such el- comprises not more than 25 percent (on a (f) CLERICAL AMENDMENT—The table of sec- igible oil and gas loss shall be a net oper- Btu basis) of the average monthly fuel input tions for subpart D of part IV of subchapter ating loss carryback to each of the 5 taxable of the facility for the taxable year which in- A of chapter 1 is amended by adding at the years preceding the taxable year of such cludes such month. end the following item: loss.’’. ‘‘(C) SPECIAL RULES.— (b) ELIGIBLE OIL AND GAS LOSS.—Section ‘‘(i) in the case of a qualified facility de- ‘‘Sec. 45D. Credit for producting oil and gas 172 is amended by redesignating subsection scribed in paragraph (B)(i)— from marginal wells.’’ (j) as subsection (k) and by inserting after ‘‘(I) the 10-year period referred to in sub- (g) EFFECTIVE DATE.—The amendments subsection (i) the following new subsection— section (a) shall be treated as beginning no made by this section shall apply to produc- ‘‘(j) ELIGIBLE OIL AND GAS LOSS.—For pur- earlier than the date of the enactment of tion in taxable years beginning after Decem- poses of this section— this paragraph, and ber 31, 1999. ‘‘(1) IN GENERAL.—The term ‘eligible oil ‘‘(II) subsection (b)(3) shall not apply to SEC. 803. ELECTION TO EXPENSE GEOLOGICAL and gas loss’ means the lesser of— any such facility originally placed in service AND GEOPHYSICAL EXPENDITURES ‘‘(A) the amount which would be the net before January 1, 1997. AND DELAY RENTAL PAYMENTS. operating loss for the taxable year if only in- ‘‘(ii) in the case of a qualified facility de- (a) Section 263 (relating to capital expendi- come and deductions attributable to oper- scribed in subparagraph (B)(ii)— tures) is amended by adding at the end the ating mineral interests (as defined in section ‘‘(I) the 10-year period referred to in sub- following new subsection: 614(d)) in oil and gas wells are taken into ac- section (a) shall be treated as beginning no ‘‘(j) GEOLOGICAL AND GEOPHYSICAL EXPEND- count, or earlier than the date of the enactment of ITURES FOR OIL AND WELLS.—Notwith- standing subsection (a), a taxpayer may ‘‘(B) the amount of the net operating loss this paragraph, and elect to treat geological and geophysical ex- for such taxable year. ‘‘(II) the amount of the credit determined penses incurred in connection with the ex- ‘‘(2) COORDINATION WITH SUBSECTION (b)(2).— under subsection (a) with respect to any ploration for, or development of, oil or gas as For purposes of applying subsection (b)(2), an project for any taxable year shall be adjusted expenses which are not chargeable to capital eligible oil and gas loss for any taxable year by multiplying such amount (determined account. Any expenses so treated shall be al- shall be treated in a manner similar to the without regard to this clause) by 0.59.’’. lowed as a deduction in the taxable year in manner in which a specified liability loss is (b) CREDIT NOT TO APPLY TO ELECTRICITY which paid or incurred.’’. treated. SOLD TO UTILITIES UNDER CERTAIN CON- (b) Section 263A(c)(3) is amended by insert- ‘‘(3) ELECTION.—Any taxpayer entitled to a TRACTS.—Section 45(b) of the Internal Rev- ing ‘‘263(j),’’ after ‘‘263(i),’’. 5-year carryback under subsection (b)(1)(H) enue Code of 1986 (relating to limitations and (c)(1) The amendments made by sub- from any loss year may elect to have the adjustments) is amended by adding at the sections (a) and (b) shall apply to expenses carryback period with respect to such loss end the following— S5748 CONGRESSIONAL RECORD — SENATE June 23, 2000

‘‘(4) CREDIT NOT TO APPLY TO ELECTRICITY SEC. 902. CERTAIN AMOUNTS RECEIVED BY ELEC- January 1, 2005. Such a facility may be treat- SOLD TO UTILITIES UNDER CERTAIN CON- TRIC ENERGY, GAS, OR STEAM UTILI- ed as originally placed in service when such TIES EXCLUDED FROM GROSS IN- TRACTS.— facility was last upgraded to increase effi- COME AS CONTRIBUTIONS TO CAP- ciency or generation capability. However, no ‘‘(A) IN GENERAL.—The credit determined ITAL. facility shall be allowed a credit for more under subsection (a) shall not apply to (a) Subsection (c) of section 118 of the In- than 10 years of production.’’. electricity— ternal Revenue Code of 1986 (relating to spe- (d) CONFORMING AMENDMENTS.— ‘‘(i) produced at a qualified facility placed cial rules for water and sewerage disposal in service by the taxpayer after June 30, 1999, (1) The heading for section 45 is amended utilities) is amended— by inserting ‘‘and waste energy’’ after ‘‘re- and (1) in the heading, by striking, ‘‘WATER ‘‘(ii) sold to a utility pursuant to a con- newable’’. AND SEWERAGE DISPOSAL’’ and inserting (2) The item relating to section 45 in the tract originally entered into before January ‘‘CERTAIN’’, 1, 1987 (whether or not amended or restated table of sections subpart D of part IV of sub- (2) in paragraph (1)— chapter A of chapter 1 is amended by insert- after that date). (A) in the matter preceding paragraph (1), ‘‘(B) EXCEPTION.—Subparagraph (A) shall ing ‘‘and waste energy’’ after ‘‘renewable’’. by striking ‘‘water or’’ and inserting ‘‘elec- (e) EFFECTIVE DATE.—The amendments not apply if— tric energy, gas (through a local distribution ‘‘(i) the prices for energy and capacity made by this section shall take effect for system or transportation by pipeline), taxable years beginning after December 31, from such facility are established pursuant steam, water, or’’ and 2001, and before January 1, 2005. to an amendment to the contract referred to (B) in subparagraph (B), by striking ‘‘water in subparagraph (A)(ii); SEC. 904. FULL EXPENSING OF HOME HEATING or’’ and inserting ‘‘electric energy, gas, OIL STORAGE FACILITIES. ‘‘(ii) such amendment provides that the steam, water, or’’, (a) IN GENERAL.—Section 179(b) of the In- prices set forth in the contract which exceed (3) in paragraph (2)(A)(ii), by striking ternal Revenue Code of 1986 (relating to limi- avoided cost prices determined at the time of ‘‘water or’’ and inserting ‘‘electric energy, tations) is amended by adding at the end of delivery shall apply only to annual quan- gas, steam, water, or’’, and the following— tities of electricity (prorated for partial (4) in paragraph (3)— ‘‘(5) FULL EXPENSING OF HOME HEATING OIL years) which do not exceed the greater of— (A) in subparagraph (A), by inserting ‘‘such STORAGE FACILITIES.—Paragraphs (1) and (2) ‘‘(I) the average annual quantity of elec- term shall include amounts paid as customer shall not apply to section 179 property which tricity sold to the utility under the contract connection fees (including amounts paid to is any storage facility (not including a build- during calendar years 1994, 1995, 1996, 1997, connect the customer’s line to an electric ing or its structural components) used in and 1998, or line, a gas main, a steam line, or a main connection with the distribution of home ‘‘(II) the estimate of the annual electricity water or sewer line) and’’ after ‘‘except heating oil.’’. production set forth in the contract, or, if that’’, and (b) EFFECTIVE DATE.—The amendment there is no such estimate, the greatest an- (B) in subparagraph (C), by striking ‘‘water made by this section shall apply to property nual quantity of electricity sold to the util- or’’ and inserting ‘‘electric energy, gas, placed in service in taxable years beginning ity under the contract in any of the calendar steam, water, or’’. after the date of the enactment of this Act.’’ years 1996, 1997, or 1998; and (b) The amendments made by subsection SEC. 905. RESIDENTIAL SOLAR ENERGY TAX ‘‘(iii) such amendment provides that en- (a) shall apply to amounts received after the CREDIT. ergy and capacity in excess of the limitation date of the enactment of this Act. (a) IN GENERAL.—Subpart A of part IV of in clause (ii) may be— subchapter A of chapter 1 of the Internal SEC. 903. EXTENSION OF CREDIT FOR ELEC- ‘‘(I) sold to the utility only at prices that TRICITY PRODUCED FROM STEEL Revenue Code of 1986 (relating to nonrefund- do not exceed avoided cost prices determined COGENERATION. able personal credits) is amended by insert- at the time of delivery, or (a) EXTENSION OF CREDIT FOR COKE PRODUC- ing after section 25A the following new ‘‘(II) sold to a third party subject to a mu- TION AND STEEL MANUFACTURING FACILI- section— tually agreed upon advance notice to the TIES.—Section 45(c)(1) (defining qualified en- ‘‘SEC. 25B. RESIDENTIAL SOLAR ENERGY PROP- utility. ergy resources) is amended by striking ERTY. ‘‘(a) ALLOWANCE OF CREDIT.—In the case of For purposes of this subparagraph, avoided ‘‘and’’ at the end of the next to last subpara- an individual, there shall be allowed as a cost prices shall be determined as provided graph, by striking the period at the end of credit against the tax imposed by this chap- for in 18 CFR 292.304(d)(1) or any successor the last subparagraph and inserting ‘‘, and’’, ter for the taxable year an amount equal to regulation.’’. and by adding at the end the following new the sum of— (c) QUALIFIED FACILITIES INCLUDE ALL BIO- subparagraph— ‘‘(1) 15 percent of the qualified photo- MASS FACILITIES.— ‘‘( ) steel cogeneration.’’ voltaic property expenditures made by the (b) STEEL COGENERATION.—Section 45(c) is (1) IN GENERAL.—Subparagraph (B) of sec- taxpayer during such year, and amended by adding at the end the fol- tion 45(c)(1) of the Internal Revenue Code of ‘‘(2) 15 percent of the qualified solar water lowing— 1986 (defining qualified energy resources) is heating property expenditures made by the amended to read as follows— ‘‘( ) STEEL COGENERATION.—The term ‘steel taxpayer during the taxable year. ‘‘(B) biomass.’’. cogeneration’ means the production of steam ‘‘(b) LIMITATIONS.— (2) BIOMASS DEFINED.—Paragraph (2) of sec- or other form of thermal energy of at least 20 ‘‘(1) MAXIMUM CREDIT.—The credit allowed tion 45(c) of such Code (relating to defini- percent of total production and the produc- under subsection (a)(2) shall not exceed $2,000 tions) is amended to read as follows— tion of electricity or mechanical energy (or for each system of solar energy property. ‘‘(2) BIOMASS.—The term ‘biomass’ means— both) of at least 20 percent of total produc- ‘‘(2) TYPE OF PROPERTY.—No expenditure ‘‘(A) any organic material from a plant tion (meaning production from all waste may be taken into account under this sec- which is planted exclusively for purposes of sources in subparagraphs (A), (B), and (C) tion unless such expenditure is made by the being used at a qualified facility to produce from the entire facility that produces coke, taxpayer for property installed on or in con- electricity, or iron ore, iron, or steel), provided that the co- nection with a dwelling unit which is located ‘‘(B) any solid, nonhazardous, cellulosic generation meets any regulatory energy-effi- in the United States and which is used as a waste material which is segregated from ciency standards established by the Sec- residence. other waste materials and which is derived retary, and only to the extent that such en- ‘‘(3) SAFETY CERTIFICATIONS.—No credit from— ergy is produced from— shall be allowed under this section for an ‘‘(i) any of the following forest-related re- ‘‘(A) gases or heat generated during the item of property unless— sources: mill residues, precommercial production of coke, ‘‘(A) in the case of solar water heating thinnings, slash, and brush, but not includ- ‘‘(B) blast furnace gases or heat generated equipment, such equipment is certified for ing old-growth timber, during the production of iron ore or iron, or performance and safety by the non-profit ‘‘(ii) poultry waste, ‘‘(C) waste gases or heat generated from Solar Rating Certification Corporation or a ‘‘(iii) urban sources, including waste pal- the manufacture of steel that uses at least 20 comparable entity endorsed by the govern- lets, crates, and dunnage, manufacturing and percent recycled material.’’. ment of the State in which such property is construction wood wastes, and landscape or (c) MODIFICATION OF PLACED IN SERVICE installed, and right-of-way trimmings, but not including RULES FOR STEEL COGENERATION FACILI- ‘‘(B) in the case of a photovoltaic system, unsegregated municipal solid waste (gar- TIES.—Section 45(c)(3) (defining qualified fa- such system meets appropriate fire and elec- bage) or paper that is commonly recycled, or cility) is amended by adding at the end the tric code requirements. ‘‘(iv) agriculture sources, including or- following— ‘‘(c) DEFINITIONS.—For purposes of this chard tree crops, vineyard, grain, legumes, () STEEL COGENERATION FACILITIES.—In the section— sugar, and other crop by-products or resi- case of a facility using steel cogeneration to ‘‘(1) QUALIFIED SOLAR WATER HEATING PROP- dues.’’. produce electricity, the term ‘qualified facil- ERTY EXPENDITURE.—The term ‘qualified ity’ means any facility permitted to operate solar water heating property expenditure’ (d) EFFECTIVE DATE.—The amendments under the environmental requirements of the means an expenditure for property that uses made by this section shall apply to elec- Clean Air Act Amendments of 1990 which is solar energy to heat water for use in a dwell- tricity produced after the date of the enact- owned by the taxpayer and originally placed ing unit with respect to which a majority of ment of this Act. in service after December 31, 1999, and before the energy is derived from the sun. June 23, 2000 CONGRESSIONAL RECORD — SENATE S5749

‘‘(2) QUALIFIED PHOTOVOLTAIC PROPERTY EX- ‘‘(B) LIMITS APPLIED SEPARATELY.—In the ‘‘(3) PROTECTING SOCIAL SECURITY TRUST PENDITURE.—The term ‘qualified photo- case of any expenditure described in subpara- FUNDS.—If upon the determination described voltaic property expenditure’ means an ex- graph (A), the amount of the credit allowable in paragraph (1)(B), the Secretary, after con- penditure for property that uses solar energy under subsection (a) shall (subject to para- sultation with the Director of the Office of to generate electricity for use in a dwelling graph (1)) be computed separately with re- Management and Budget, determines that unit. spect to the amount of the expenditure made such reduction would result in an aggregate ‘‘(3) SOLAR PANELS.—No expenditure relat- for each dwelling unit. reduction in revenues to the Treasury ex- ing to a solar panel or other property in- ‘‘(5) ALLOCATION IN CERTAIN CASES.—If less ceeding the Federal on-budget surplus during stalled as a roof (or portion thereof) shall than 80 percent of the use of an item is for the remainder of the applicable period, the fail to be treated as property described in nonbusiness residential purposes, only that Secretary shall modify such reduction such paragraph (1) or (2) solely because it con- portion of the expenditures for such item that each rate of tax referred to in paragraph stitutes a structural component of the struc- which is properly allocable to use for non- (2), subparagraphs (A) and (C) of section ture on which it is installed. business residential purposes shall be taken 4042(b)(1), and section 4091(e)(1) is reduced in ‘‘(4) LABOR COSTS.—Expenditures for labor into account. For purposes of this paragraph, a pro rata matter and such aggregate reduc- costs properly allocable to the onsite prepa- use for a swimming pool shall be treated as tion does not exceed such surplus. ration, assembly, or original installation of use which is not for residential purposes. ‘‘(4) MAINTENANCE OF TRUST FUND DEPOS- the property described in paragraph (1) or (2) ‘‘(6) WHEN EXPENDITURE MADE; AMOUNT OF ITS.—In determining the amounts to be ap- and for piping or wiring to interconnect such EXPENDITURE.— propriated to the Highway Trust Fund under property to the dwelling unit shall be taken ‘‘(A) IN GENERAL.—Except as provided in section 9503 and the Airport and Airway into account for purposes of this section. subparagraph (B), an expenditure with re- Trust Fund under section 9502, an amount ‘‘(5) SWIMMING POOLS, ETC., USED AS STOR- spect to an item shall be treated as made equal to the reduction in revenues to the AGE MEDIUM.—Expenditures which are prop- when the original installation of the item is Treasury by reason of this subsection shall erly allocable to a swimming pool, hot tub, completed. be treated as taxes received in the Treasury or any other energy storage medium which ‘‘(B) EXPENDITURES PART OF BUILDING CON- under this section. has a function other than the function of STRUCTION.—In the case of an expenditure in ‘‘(5) APPLICABLE PERIOD.—For purposes of such storage shall not be taken into account connection with the construction or recon- this subsection, the term ‘applicable period’ for purposes of this section. struction of a structure, such expenditure means the period beginning after June 30, shall be treated as made when the original ‘‘(d) SPECIAL RULES.—For purposes of this 2000, and ending before March 30, 2001.’’ use of the constructed or reconstructed (b) AVIATION FUEL.—Section 4091 of the In- section— structure by the taxpayer begins. ‘‘(1) DOLLAR AMOUNTS IN CASE OF JOINT OC- ternal Revenue Code of 1986 (relating to im- ‘‘(C) AMOUNT.—The amount of an expendi- CUPANCY.—In the case of any dwelling unit position of tax on aviation fuel) is amended ture shall be the cost thereof. by adding at the end the following new sub- which is jointly occupied and used during ‘‘(e) BASIS ADJUSTMENTS.—For purposes of section: any calendar year as a residence by 2 or this subtitle, if a credit is allowed under this ‘‘(e) TEMPORARY 18.4-CENT REDUCTION IN more individuals the following shall apply— section for any expenditure with respect to TAX ON AVIATION FUEL.— ‘‘(A) The amount of the credit allowable any property, the increase in the basis of under subsection (a) by reason of expendi- such property which would (but for this sub- ‘‘(1) IN GENERAL.—During the applicable pe- tures (as the case may be) made during such section) result from such expenditure shall riod, the rate of tax otherwise applicable calendar year by any of such individuals be reduced by the amount of the credit so al- under subsection (b)(1) shall be reduced by with respect to such dwelling unit shall be lowed.’’. 18.4 cents per gallon. determined by treating all of such individ- (b) CONFORMING AMENDMENTS.— ‘‘(2) MAINTENANCE OF TRUST FUND DEPOS- uals as 1 taxpayer whose taxable year is such (1) Subsection (a) of section 1016 of such ITS.—In determining the amounts to be ap- calendar year. Code is amended by striking ‘and’ at the end propriated to the Airport and Airway Trust ‘‘(B) There shall be allowable with respect of paragraph (26), by striking the period at Fund under section 9502, an amount equal to to such expenditures to each of such individ- the end of paragraph (27) and inserting ‘‘; the reduction in revenues to the Treasury by uals, a credit under subsection (a) for the and’’, and by adding at the end the following reason of this subsection shall be treated as taxable year in which such calendar year new paragraph: taxes received in the Treasury under this ends in an amount which bears the same ‘‘(28) to the extent provided in section section. ratio to the amount determined under sub- 25B(e), in the case of amounts with respect ‘‘(3) APPLICABLE PERIOD.—For purposes of paragraph (A) as the amount of such expend- to which a credit has been allowed under sec- this subsection, the term ‘applicable period’ itures made by such individual during such tion 25B.’’. means the period beginning after June 30, calendar year bears to the aggregate of such (2) The table of sections for subpart A of 2000, and ending before March 30, 2001.’’ expenditures made by all of such individuals part IV of subchapter A of chapter 1 of such (c) EFFECTIVE DATE.—The amendments during such calendar year. Code is amended by inserting after the item made by this section shall take effect on the ‘‘(2) TENANT-STOCKHOLDER IN COOPERATIVE relating to section 25A the following new date of the enactment of this Act. HOUSING CORPORATION.—In the case of an in- item— SEC. 2. FLOOR STOCK REFUNDS. dividual who is a tenant-stockholder (as de- ‘‘Sec. 25B. Residential solar energy prop- (a) IN GENERAL.—If— fined in section 216) in a cooperative housing erty.’’ (1) before the tax reduction date, tax has corporation (as defined in such section), such been imposed under section 4081 or 4091 of individual shall be treated as having made (c) EFFECTIVE DATE.—The amendments the Internal Revenue Code of 1986 on any liq- his tenant-stockholder’s proportionate share made by this section shall apply to taxable uid, and (as defined in section 216(b)(3)) of any ex- years ending after December 31, 1999 and be- (2) on such date such liquid is held by a penditures of such corporation. fore December 31, 2004. dealer and has not been used and is intended SECTION ll. TEMPORARY REDUCTION OF 4.3 ‘‘(3) CONDOMINIUMS.— for sale, CENTS PER GALLON IN FUEL TAXES N GENERAL ‘‘(A) I .—In the case of an indi- ON GASOLINE, DIESEL FUEL, KER- there shall be credited or refunded (without vidual who is a member of a condominium OSENE, AND AVIATION FUEL. interest) to the person who paid such tax management association with respect to a (a) IN GENERAL.—Section 4081 of the Inter- (hereafter in this section referred to as the condominium which he owns, such individual nal Revenue Code of 1986 (relating to imposi- ‘‘taxpayer’’) an amount equal to the excess shall be treated as having made his propor- tion of tax on gasoline, diesel fuel, and ker- of the tax paid by the taxpayer over the tionate share of any expenditures of such as- osene) is amended by adding at the end the amount of such tax which would be imposed sociation. following new subsection: on such liquid had the taxable event oc- ‘‘(B) CONDOMINIUM MANAGEMENT ASSOCIA- ‘‘(f) TEMPORARY 18.4-CENT REDUCTION IN curred on the tax reduction date. TION.—For purposes of this paragraph, the TAXES ON GASOLINE, DIESEL FUEL, AND KER- (b) TIME FOR FILING CLAIMS.—No credit or term ‘condominium management associa- OSENE.— refund shall be allowed or made under this tion’ means an organization which meets the ‘‘(1) IN GENERAL.—During the applicable pe- section unless— requirements of paragraph (1) of section riod, each rate of tax referred to in para- (1) claim therefor is filed with the Sec- 528(c) (other than subparagraph (E) thereof) graph (2) shall be reduced by 18.4 cents per retary of the Treasury before the date which with respect to a condominium project sub- gallon. is 6 months after the tax reduction date, and stantially all of the units of which are used ‘‘(2) RATES OF TAX.—The rates of tax re- (2) in any case where liquid is held by a as residences. ferred to in this paragraph are the rates of dealer (other than the taxpayer) on the tax ‘‘(4) JOINT OWNERSHIP OF ITEMS OF SOLAR tax otherwise applicable under— reduction date— ENERGY PROPERTY.— ‘‘(A) clause (i), (ii), (iii) of subsection (A) the dealer submits a request for refund ‘‘(A) IN GENERAL.—Any expenditure other- (a)(2)(A) (relating to gasoline, diesel fuel, or credit to the taxpayer before the date wise qualifying as an expenditure described and kerosene), and which is 3 months after the tax reduction in paragraph (1) or (2) of subsection (c) shall ‘‘(B) paragraph (1) of section 4041(a) (relat- date, and not be treated as failing to so qualify merely ing to diesel fuel) with respect to fuel sold (B) the taxpayer has repaid or agreed to because such expenditure was made with re- for use or used in a diesel-powered highway repay the amount so claimed to such dealer spect to 2 or more dwelling units. vehicle. or has obtained the written consent of such S5750 CONGRESSIONAL RECORD — SENATE June 23, 2000 dealer to the allowance of the credit or the tion fuel held by such person on such date funds by the National Institutes of Health, making of the refund. does not exceed 2,000 gallons. to conduct research shall provide the Direc- (c) EXCEPTION FOR FUEL HELD IN RETAIL The preceding sentence shall apply only if tor, at intervals of time determined appro- STOCKS.—No credit or refund shall be allowed such person submits to the Secretary (at the priate by the Director, with information re- under this section with respect to any liquid time and in the manner required by the Sec- lating to— in retail stocks held at the place where in- retary) such information as the Secretary ‘‘(A) any pharmaceutical, pharmaceutical tended to be sold at retail. shall require for purposes of this paragraph. compound or drug delivery mechanism (in- (d) DEFINITIONS.—For purposes of this (2) EXEMPT FUEL.—For purposes of para- cluding biologics and vaccines) approved by section— graph (1), there shall not be taken into ac- the Food and Drug Administration that is (1) the terms ‘‘dealer’’ and ‘‘held by a deal- count fuel held by any person which is ex- manufactured from a technology that— er’’ have the respective meanings given to empt from the tax imposed by subsection (a) ‘‘(i) is developed, in whole or in part, using such terms by section 6412 of such Code; ex- by reason of subsection (d) or (e). the results of such research; and cept that the term ‘‘dealer’’ includes a pro- (3) CONTROLLED GROUPS.—For purposes of ‘‘(ii) has been licensed, sold or transferred ducer, and this subsection— by the grantee or contractor to an organiza- (2) the term ‘‘tax reduction date’’ means (A) CORPORATIONS.— tion for manufacturing purposes; April 16, 2000. (i) IN GENERAL.—All persons treated as a ‘‘(B) the utilization of each such tech- (e) CERTAIN RULES TO APPLY.—Rules simi- controlled group shall be treated as 1 person. nology that has been licensed, sold or trans- lar to the rules of subsections (b) and (c) of (ii) CONTROLLED GROUP.—The term ‘‘con- ferred to another entity; section 6412 of such Code shall apply for pur- trolled group’’ has the meaning given to such ‘‘(C) the amount of royalties, other pay- poses of this section. term by subsection (a) of section 1563 of such ments, or other forms of reimbursement col- lected by the grantee or contractor with re- SEC. 3. FLOOR STOCKS TAX. Code; except that for such purposes the spect to the license, sale or transfer of each (a) IMPOSITION OF TAX.—In the case of any phrase ‘‘more than 50 percent’’ shall be sub- such technology; and liquid on which tax was imposed under sec- stituted for the phrase ‘‘at least 80 percent’’ ‘‘(D) the aggregate amount of the specific tion 4081 or 4091 of the Internal Revenue Code each place it appears in such subsection. grants or contracts that were used in the de- of 1986 during the applicable period, and (B) NONINCORPORATED PERSONS UNDER COM- MON CONTROL.—Under regulations prescribed velopment of such transferred technology. which is held on the floor stocks tax date by ‘‘(2) an annual report is prepared and sub- any person, there is hereby imposed a floor by the Secretary, principles similar to the principles of subparagraph (A) shall apply to mitted to the appropriate committees of stocks tax of 4.3 cents per gallon. Congress that contains a summary of the in- (b) LIABILITY FOR TAX AND METHOD OF PAY- a group of persons under common control where 1 or more of such persons is not a cor- formation provided to the Director under MENT.— paragraph (1) for the period for which the re- (1) LIABILITY FOR TAX.—A person holding a poration. (g) OTHER LAW APPLICABLE.—All provisions port is being prepared; liquid on the floor stocks tax date to which ‘‘(3)(A) as a condition of receiving a grant the tax imposed by subsection (a) applies of law, including penalties, applicable with respect to the taxes imposed by section 4081 or contract from the National Institutes of shall be liable for such tax. Health to conduct research, an entity shall (2) METHOD OF PAYMENT.—The tax imposed of such Code shall, insofar as applicable and not inconsistent with the provisions of this provide assurances to the Director that such by subsection (a) shall be paid in such man- entity will, as a part of any agreement that ner as the Secretary shall prescribe. subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the is entered into by the entity to license, sell, (3) TIME FOR PAYMENT.—The tax imposed or transfer any technology that is developed, by subsection (a) shall be paid on or before same extent as if such taxes were imposed by such section 4081. in whole or in part, using the results of such the date which is 6 months after the floor research, require the repayment by the li- stocks tax date. SEC. 4. BENEFITS OF TAX REDUCTION SHOULD censee, purchaser, or transferee (or the enti- BE PASSED ON TO CONSUMERS. (c) DEFINITIONS.—For purposes of this ty if the entity is using the technology in a (a) PASSTHROUGH TO CONSUMERS.— section— manner described in this subparagraph) to (1) SENSE OF CONGRESS.—It is the sense of (1) HELD BY A PERSON.—A liquid shall be the Director of an amount (determined under Congress that— considered as ‘‘held by a person’’ if title subparagraph (B)) of the funds made avail- (A) consumers immediately receive the thereto has passed to such person (whether able through the grants or contracts as re- benefit of the 18.4-cent reduction in gas taxes or not delivery to the person has been made). ported by the entity under paragraph (1)(D), (2) GASOLINE, DIESEL FUEL, AND AVIATION under this Act, and if the licensee, purchaser, or transferee uses FUEL.—The terms ‘‘gasoline’’, ‘‘diesel fuel’’, (B) transportation motor fuels producers the technology to manufacture a pharma- and aviation fuel have the respective mean- and other dealers take such actions as nec- ceutical, pharmaceutical compound, or drug ings given such terms by sections 4083 and essary to reduce transportation motor fuels delivery mechanism (including biologics and 4093 of such Code. prices to reflect such reduction, including vaccines) that is approved by the Food and (3) FLOOR STOCKS TAX DATE.—The term immediate credits to customer accounts rep- Drug Administration; ‘‘floor stocks tax date’’ means January 1, resenting tax refunds allowed as credits ‘‘(B) the amount of the funds made avail- 2001. against excise tax deposit payments under able through the grant or contract to be re- (4) APPLICABLE PERIOD.—The term ‘‘appli- the floor stocks refund provisions of this paid under subparagraph (A) shall be deter- cable period’’ means the period beginning Act. mined according to a fee schedule that— after April 15, 2000, and ending before Janu- (2) STUDY.— ‘‘(i) is established by the Director; and ary 1, 2001. (A) IN GENERAL.—The Comptroller General ‘‘(ii) shall ensure that— (5) SECRETARY.—The term ‘‘Secretary’’ of the United States shall conduct a study of ‘‘(I) the amount is based on a percentage of means the Secretary of the Treasury or the the 18.4-cent reduction of taxes under this the net sales of the pharmaceutical, pharma- Secretary’s delegate. Act to determine whether there has been a ceutical compound, or drug delivery mecha- (d) EXCEPTION FOR EXEMPT USES.—The tax passthrough of such reduction and what ben- nism (including biologics and vaccines) that imposed by subsection (a) shall not apply to efits have accrued, directly or indirectly, to is referred to in subparagraph (A); and gasoline, diesel fuel, kerosene, or aviation consumers as a result of the gas tax reduc- ‘‘(II) the aggregate amount is limited to fuel held by any person exclusively for any tion. the aggregate amount of the funds made use to the extent a credit or refund of the tax (B) REPORT.—Not later than March 30, 2001, available through the grants or contracts in- imposed by section 4081 of such Code is al- the Comptroller General of the United States volved; and lowable for such use. shall report to the Committee on Finance of ‘‘(C) the amount described in subparagraph (e) EXCEPTION FOR FUEL HELD IN VEHICLE the Senate and the Committee on Ways and (B) shall be repaid to the Director, who shall TANK.—No tax shall be imposed by sub- Means of the House of Representatives the deposit any such amount in an account and section (a) on gasoline, diesel fuel, kerosene, results of the study conducted under sub- distribute funds from the account to the var- or aviation fuel held in the tank of a motor paragraph (A). ious offices of the National Institutes of vehicle, motorboat, or aircraft. Health for research conducted by the various (f) EXCEPTION FOR CERTAIN AMOUNTS OF WYDEN AMENDMENT NO. 3616 offices, according to the scientific merit pre- FUEL.— (Ordered to lie on the table.) sented by the research projects involved; and (1) IN GENERAL.—No tax shall be imposed ‘‘(4)(A) with respect to an entity that is re- by subsection (a)— Mr. WYDEN submitted an amend- quired to repay funds under paragraph (3), if (A) on gasoline (other than aviation gaso- ment intended to be proposed by him the net sales of the pharmaceutical, pharma- line) held on the floor stocks tax date by any to the bill, H.R. 4577, supra; as follows: ceutical compound, or drug delivery mecha- person if the aggregate amount of gasoline On page 33, line 16, strike the period and nism (including biologics and vaccines) in- held by such person on such date does not ex- insert the following: ‘‘: Provided further, That volved exceed $500,000,000 (or the increased or ceed 4,000 gallons, and the Director of the National Institutes of decreased amount determined under sub- (B) on aviation gasoline, diesel fuel, ker- Health shall ensure, with respect to funds paragraph (B)) in any calendar year, the en- osene, or aviation fuel held on such date by appropriated under this Act, that— tity shall pay to the Director (as a return on any person if the aggregate amount of avia- ‘‘(1) an entity that receives a grant or con- the investment made by the Director tion gasoline, diesel fuel, kerosene, or avia- tract, made available with the appropriated through the grant or contract involved) for June 23, 2000 CONGRESSIONAL RECORD — SENATE S5751 such year an amount equal to 1 percent of (2) no indebtedness owed by the Govern- control of HIV/AIDS and other infectious dis- the amount by which such net sales exceed ment of Zimbabwe to the United States Gov- eases; $500,000,000 (or such increased or decreased ernment may be canceled or reduced; and (C) support for democratic governance and amount) in such year; and (3) the Secretary of the Treasury shall in- the rule of law; ‘‘(B) the $500,000,000 amount referred to in struct the United States Executive Director (D) support for land reform programs con- subparagraph (A) shall be increased or de- to each international financial institution to sistent with subsection (b)(4); creased, for each calendar year that ends oppose and vote against— (E) support for conservation programs; and after December 31, 2000, by the same percent- (A) any extension by the respective insti- (F) support for de-mining programs. age as the percentage by which the Con- tution of any assistance of any kind to the (d) WAIVER.—The President may waive the sumer Price Index for All Urban Consumers Government of Zimbabwe, except for assist- provisions of subsection (a) if he determines (United States city average), published by ance to meet basic human needs and for good that it is in the national interest of the the Bureau of Labor Statistics, for Sep- governance; and United States to do so. tember of the preceding calendar year has in- (B) any cancellation or reduction of in- SEC. 4. SUPPORT FOR DEMOCRATIC INSTITU- creased or decreased from the Index for Sep- debtedness owed by the Government of TIONS AND THE RULE OF LAW. tember of 2000.’’. Zimbabwe to that institution. (a) ASSISTANCE FOR LEGAL EXPENSES.—As (b) CONDITIONS FOR RESTORATION OF ELIGI- one component of a comprehensive approach BILITY FOR ASSISTANCE AND DEBT RELIEF.— ZIMBABWE DEMOCRACY ACT OF towards supporting democratic institutions The provisions of subsection (a) shall apply and the rule of law in Zimbabwe, the Presi- 2000 until the President certifies to the appro- dent is authorized to use funds appropriated priate congressional committees that— to carry out the provisions of part I and (1) the rule of law has been restored in chapter 4 of part II of the Foreign Assistance FRIST AMENDMENT NO. 3617 Zimbabwe, including respect for ownership Act of 1961 to finance the legal and related Mr. COVERDELL (for Mr. FRIST) pro- and title to property held prior to January 1, expenses of— posed an amendment to the bill (S. 2000, freedom of speech and association, and (1) individuals and democratic institutions an end to the lawlessness, violence, and in- 2677) to restrict assistance until cer- challenging restrictions to free speech and timidation sponsored, condoned, or tolerated association in Zimbabwe, including chal- tain conditions are satisfied and to by the Government of Zimbabwe, the ruling lenges to licensing fees, restrictions, and support democratic and economic tran- party, and their supporters or entities; other charges and penalties imposed on the sition in Zimbabwe; as follows: (2) Zimbabwe has held parliamentary elec- media or on individuals exercising their Strike all after the enacting clause tions which are widely accepted by the par- right of free speech and association; and insert the following: ticipating parties and the duly elected are (2) individuals and democratic institutions free to assume their offices; and organizations challenging electoral out- SECTION 1. SHORT TITLE. (3)(A) Zimbabwe has held a presidential comes or restrictions to their pursuit of elec- This Act may be cited as the ‘‘Zimbabwe election which is widely accepted by the par- Democracy Act of 2000’’. tive office or democratic reforms, including ticipating parties and the president-elect is fees or other costs imposed by the Govern- SEC. 2. FINDINGS AND POLICY. free to assume the duties of the office; or ment on those individuals or institutions; (a) FINDINGS.—Congress finds as follows: (B) the government has sufficiently im- and (1) Deliberate and systematic violence, in- proved the pre-election environment to a de- (3) individuals who are the victims of tor- timidation, and killings have been orches- gree consistent with accepted international ture or otherwise victimized by political vio- trated and supported by the Government of standards for security and freedom of move- lence. Zimbabwe and the ruling ZANU-PF party ment and association; (b) AUTHORITY FOR RADIO BROADCASTING.— against members, sympathizers, and sup- (4) the Government of Zimbabwe has dem- (1) IN GENERAL.—The Broadcasting Board porters of the democratic opposition, farm- onstrated a commitment to an equitable, of Governors shall further the communica- ers, and employees. The violence has re- legal, and transparent land reform program tion of information and ideas through the in- sulted in death, a breakdown in the rule of which should— creased use of radio broadcasting to law, and further collapse of Zimbabwe’s (A) respect existing ownership of and title Zimbabwe to ensure that radio broadcasting economy. to property by providing fair, market-based to that country serves as a consistently reli- (2) The lawlessness, harassment, violence, compensation to sellers; able and authoritative source of accurate, intimidation, and killings directed at the op- (B) benefit the truly needy and landless; objective and comprehensive news. position and their supporters, farmers and (C) be based on the principle of ownership (2) TERMINATION.—The authority of this farm employees continues at President and title to all land, including communal subsection shall terminate upon a certifi- Mugabe’s explicit and public urging despite areas; cation by the President under section 3(b) two court rulings that the occupations are (D) be managed and administered by an that the conditions specified in that section illegal and must be ended. independent, nongovernmental body; and have been satisfied. (3) The breakdown in the rule of law has (E) be consistent with agreements reached (c) ASSISTANCE FOR DEMOCRACY TRAINING.— jeopardized Zimbabwe’s future, including at the International Donors’ Conference on During fiscal year 2001, the President is au- international support for programs which Land Reform and Resettlement in Zimbabwe thorized to use not less than $6,000,000 of the provide land ownership for the large number held in Harare in September, 1998; funds made available to carry out the provi- of poor and landless Zimbabweans, other (5) the Government of Zimbabwe is making sions of part I and chapter 4 of part II of the donor programs, economic stability, and di- a good faith effort to fulfill the terms of the Foreign Assistance Act of 1961 for democracy rect investment. Lusaka agreement on ending the war in the and governance programs in Zimbabwe. (4) The orchestrated violence and intimida- Democratic Republic of Congo; and (d) ELECTION OBSERVERS.—It is the sense of tion directed at opposition supporters has (6) the Zimbabwean Armed Forces and the Congress that the President should provide created and fostered an environment which National Police of Zimbabwe are responsible support, including through the National En- seriously compromises the possibility of free to and serve the elected civilian government. dowment for Democracy, for international and fair elections. (c) UNITED STATES ASSISTANCE DEFINED.— election observers to the Zimbabwean par- (5) The crisis in Zimbabwe is further exac- (1) IN GENERAL.—Except as provided in liamentary elections in 2000 and the presi- erbated by the fact that Zimbabwe is spend- paragraph (2), in this section, the term dential election scheduled for 2002, including ing millions of dollars each month on its in- ‘‘United States assistance’’ means— assessments of the pre-electoral environ- volvement in the civil war in the Democratic (A) any assistance under the Foreign As- ment in each case and the electoral laws of Republic of Congo. Those resources could fi- sistance Act of 1961 (excluding programs Zimbabwe. nance equitable and transparent land reform, under title IV of chapter 2 of part I, relating SEC. 5. SUPPORT FOR DEMOCRATIC TRANSITION other programs to promote economic growth to the Overseas Private Investment Corpora- AND ECONOMIC RECOVERY. and alleviate poverty, and programs to com- tion); Upon the certification made by the Presi- bat the spread and effects of the world’s (B) sales, or financing on any terms, under dent under section 3(b)— highest HIV infection rate. the Arms Export Control Act; (1) up to $16,000,000 of funds appropriated to (b) STATEMENT OF POLICY.—It is therefore (C) the licensing of exports under section carry out the provisions of chapter 4 of part the policy of the United States to support 38 of the Arms Export Control Act; and II of the Foreign Assistance Act of 1961, is the people of Zimbabwe in their struggles to (D) the provision of agricultural commod- authorized to be made available, notwith- effect peaceful, democratic change, achieve ities, other than food, under the Agricultural standing any other provision of law, for sup- broad-based and equitable economic growth, Trade Development and Assistance Act of port for alternative schemes under the Incep- and restore the rule of law. 1954. tion Phase of the Land Reform and Resettle- SEC. 3. PROHIBITION ON PROVISION OF ASSIST- (2) EXCEPTIONS.—The term ‘‘United States ment Program, including costs related to ac- ANCE OR DEBT RELIEF. assistance’’ does not include— quisition of land and resettlement, meeting (a) PROHIBITION ON ASSISTANCE.—Except as (A) humanitarian assistance, including the standards in section 3(b)(4); and provided in subsection (b)— food, medicine, medical supplies; (2) the Secretary of the Treasury shall— (1) no United States assistance may be pro- (B) health assistance, including health as- (A) undertake a review of the feasibility of vided for the Government of Zimbabwe; sistance for the prevention, treatment, and restructuring, rescheduling, or eliminating S5752 CONGRESSIONAL RECORD — SENATE June 23, 2000 the sovereign debt of Zimbabwe held by any H.R. 4241, Calendar 623; WILLIAM H. AVERY POST OFFICE agency of the United States Government; And, S. 2043, Calendar 624. (B) direct the United States Executive Di- The bill (H.R. 2591) to designate the There being no objection, the Senate United States Post Office located at 713 rector of each international financial insti- proceeded to consider the bills. tution to which the United States is a mem- Elm Street in Wakefield, Kansas, as ber to propose that such institution under- Mr. COVERDELL. Mr. President, I the ‘‘William H. Avery Post Office’’ take a review of the feasibility of restruc- ask unanimous consent that the bills was considered, read a third time, and turing, rescheduling, or eliminating the sov- be read a third time and passed, the passed. ereign debt of Zimbabwe held by that insti- motions to reconsider be laid upon the f tution; and table, and that any statements relating (C) direct the United States Executive Di- to any of these bills be printed in the KEITH D. OGLESBY STATION rector of each international financial insti- RECORD, with the above occurring en The bill (H.R. 2952) to redesignate the tution to which the United States is a mem- bloc. ber to propose to undertake financial and facility of the United States Postal technical support for Zimbabwe, especially The PRESIDING OFFICER. Without Service located at 100 Orchard Park that intended to promote Zimbabwe’s eco- objection, it is so ordered. Drive in Greenville, South Carolina, as nomic recovery and development, the sta- f the ‘‘Keith D. Oglesby Station’’ was bilization of the Zimbabwean dollar, and the MERVYN MALCOLM DYMALLY considered, read a third time, and viability of Zimbabwe’s democratic institu- passed. tions; and POST OFFICE BUILDING f (3) there shall be established a Southern The bill (H.R. 642) to redesignate the Africa Finance Center located in Zimbabwe Federal building located at 701 South LAYFORD R. JOHNSON POST that will co-locate regional offices of the Santa Fe Avenue in Compton, Cali- OFFICE Overseas Private Investment Corporation, the Export-Import Bank of the United fornia, and known as the Compton States, and the Trade and Development Main Post Office, as the ‘‘Mervyn Mal- Agency for the purpose of facilitating the de- colm Dymally Post Office Building’’ RICHARD E. FIELDS POST OFFICE velopment of commercial projects in was considered, read a third time, and Zimbabwe and the southern Africa region. passed. MARYBELLE H. HOWE POST f OFFICE SUPPORTING THE GOALS AND IDEALS OF THE OLYMPICS AUGUSTUS F. HAWKINS POST OFFICE BUILDING MAMIE G. FLOYD POST OFFICE The bill (H.R. 643) to redesignate the CAMPBELL AMENDMENT NO. 3618 Federal building located at 10301 South The bill (H.R. 3018) to designate cer- tain facilities of the United States Mr. ROBERTS (for Mr. CAMPBELL) Compton Avenue, in Los Angeles, Cali- Postal Service in South Carolina was proposed an amendment to the pre- fornia, and known as the Watts Fi- considered, read a third time, and amble accompanying the resolution (S. nance Office, as the ‘‘Augustus F. Haw- passed. Res. 254) supporting the goals and kins Post Office Building’’ was consid- Mr. THURMOND. Mr. President, I ideals of the Olympics; as follows: ered, read a third time, and passed. f would like to take this opportunity In the preamble, in the tenth whereas today to pay tribute to the late Keith clause, insert ‘‘, 2000’’ after ‘‘June 23’’. CAPTAIN COLIN P. KELLY, JR., Olgesby, who is being honored today POST OFFICE BUILDING through the passage of H.R. 2952, which DEPARTMENT OF LABOR, HEALTH The bill (H.R. 1666) to designate the redesignates the facility of the United AND HUMAN SERVICES, AND States Postal Service located at 100 Or- EDUCATION, AND RELATED facility of the United States Postal Service at 200 East Pinckney Street in chard Park Drive in Greenville, South AGENCIES APPROPRIATIONS Carolina, as the ‘‘Keith D. Oglesby Sta- ACT, 2001 Madison, Florida, as the ‘‘Captain Colin P. Kelly, Jr. Post Office’’ was tion.’’ considered, read a third time, and Mr. Keith Olgesby deserves this HUTCHISON AMENDMENT NO. 3619 passed. honor which this legislation bestows. f The tragic and unexpected death of Mr. Mrs. HUTCHISON proposed an Oglesby last year shocked and sad- amendment to the bill, H.R. 4577, THOMAS J. BROWN POST OFFICE dened the community of Greenville. supra; as follows: BUILDING Postal employees, his peers, and cus- On page 59, line 12, before the period insert The bill (H.R. 2307) to designate the tomers have requested that Mr. the following: ‘‘: Provided further, That funds building of the United States Postal Oglesby be remembered in the Green- made available under this heading to carry ville community by the designation of out section 6301(b) of the Elementary and Service located at 5 Cedar Street in Secondary Education Act of 1965 shall be Hopkinton, Massachusetts, as the this U.S. Post Office in his name. I be- available for education reform projects that ‘‘Thomas J. Brown Post Office Build- lieve that this legislation honors his provide same gender schools and classrooms, ing’’ was considered, read a third time, life as a public servant for his commu- consistent with applicable law’’. and passed. nity and State. f f Mr. Oglesby contributed much to the improvement of the Greenville commu- THE CALENDAR LOUISE STOKES POST OFFICE nity and the State of South Carolina. Mr. COVERDELL. Mr. President, I The bill (H.R. 2357) to designate the He was the Postmaster of Greenville ask unanimous consent that the Sen- United States Post Office located at County for six years. During his life- ate proceed to the consideration, en 3675 Warrensville Center Road in Shak- time and posthumously, he was award- bloc, of the following, reported by the er Heights, Ohio, as the ‘‘Louise Stokes ed twice the Postal Service’s top public Governmental Affairs Committee: Post Office’’ was considered, read a relations honor, the Benjamin Award, H.R. 642, Calendar 612; third time, and passed. given in recognition of community out- H.R. 643, Calendar 613; f reach accomplishments. H.R. 1666, Calendar 614; Among his many community service H.R. 2307, Calendar 615; JAY HANNA ‘‘DIZZY’’ DEAN POST activities, Mr. Oglesby hosted the First H.R. 2357, Calendar 616; OFFICE Day of Issue ceremonies for the Organ H.R. 2460, Calendar 617; The bill (H.R. 2460) to designate the & Tissue Donation Stamp. He volun- H.R. 2591, Calendar 618; United States Post Office located at 125 teered with the Salvation Army, the H.R. 2952, Calendar 619; Border Avenue West in Wiggins, Mis- March of Dimes Walk America, and the H.R. 3018, Calendar 620; sissippi, as the ‘‘Jay Hanna ‘Dizzy’ American Cancer Society Relay for H.R. 3699, Calendar 621; Dean Post Office’’ was considered, read Life. He was a tireless worker and com- H.R. 3701, Calendar 622; a third time, and passed. munity activist. He was also honored June 23, 2000 CONGRESSIONAL RECORD — SENATE S5753 as Volunteer of the Year in 1997 by the SECTION 1. DESIGNATION OF HECTOR G. (3) in subsection (c)— Greenville Family Partnership (an or- GODINEZ POST OFFICE BUILDING. (A) by inserting ‘‘(1)’’ immediately after The United States Post Office building lo- ‘‘REFERENCE.—’’; and ganization which aims to keep children cated at 3101 West Sunflower Avenue in safe and drug free). (B) by adding at the end the following: Santa Ana, California, shall be known and ‘‘(2) For the purposes of subsection (a), the I believe that Mr. Keith Oglesby de- designated as the ‘‘Hector G. Godinez Post statute of the International Criminal Tri- serves this honor which this legislation Office Building’’. bunal for Rwanda means the statute con- bestows as he was a public servant who SEC. 2. REFERENCES. tained in the annex to Security Council Res- will always be remembered in his com- Any reference in a law, regulation, map, olution 955 of November 8, 1994.’’. munity and the State of South Caro- document, paper, or other record of the f lina where he honorably lived and United States to the United States Post Of- fice building referred to in section 1 shall be ZIMBABWE DEMOCRACY ACT OF served. deemed to be a reference to the ‘‘Hector G. 2000 Mr. President, I also note today the Godinez Post Office Building’’. passage of H.R. 3018, which designates f Mr. COVERDELL. Mr. President, I various Postal facilities in South Caro- ask unanimous consent that the Sen- lina. These facilities are the United MEASURE TO BE PLACED ON THE ate proceed to the consideration of Cal- States Post Office located at 301 Main CALENDAR—S. 2508 endar 589, S. 2677. Street in Eastover, South Carolina, as Mr. COVERDELL. Mr. President, I The PRESIDING OFFICER. The the ‘‘Layford R. Johnson Post Office’’; ask unanimous consent that at such clerk will report the bill by title. the United States Post Office located time as the Committee on Indian Af- The legislative clerk read as follows: at 78 Sycamore Street in Charleston, fairs reports S. 2508, a bill to amend the A bill (S. 2677) to restrict assistance until South Carolina, as the ‘‘Richard E. Colorado Ute Indian Water Rights Set- certain conditions are satisfied and to sup- Fields Post Office’’; the United States tlement Act of 1988 to provide for a port democratic and economic transition in Post Office located at 557 East Bay final settlement of the claims of the Zimbabwe. Street in Charleston South Carolina, as Colorado Ute Indian tribes, and for There being no objection, the Senate the ‘‘Marybelle Howe Post Office’’; and other purposes, the measure be referred proceeded to the consideration of the the United States Post Office located to the Committee on Energy and Nat- bill. at 4026 Lamar Street in (the Eau Claire ural Resources for a period not to ex- AMENDMENT NO. 3617 community of) Columbia, South Caro- ceed 30 calendar days, and that if the (Purpose: To restrict assistance until certain lina, as the ‘‘Mamie G. Floyd Post Of- Committee on Energy and Natural Re- conditions are satisfied and to support fice.’’ These individuals have made sources has not reported the measure democratic and economic transition in enormous contributions to their com- prior to the expiration of the 30-cal- Zimbabwe) munities and states and deserve to be endar-day period, the Energy Com- Mr. COVERDELL. Mr. President, recognized by having a postal facility mittee be discharged from further con- Senator FRIST has a substitute amend- named in their honor. sideration of the measure, and that the ment at the desk. I thank the Senate for its support of measure be placed on the calendar. The PRESIDING OFFICER. The these measures. The PRESIDING OFFICER. Without clerk will report. The legislative clerk read as follows: f objection, it is so ordered. f The Senator from Georgia (Mr. COVER- JOEL T. BROYHILL POST OFFICE DELL), for Mr. FRIST, Mr. FEINGOLD, and Mr. EXPANSION OF PAYMENTS OF RE- HELMS, proposes an amendment numbered The bill (H.R. 3699) to designate the WARDS PROGRAM TO INCLUDE 3617. facility of the United States Postal RWANDA (The text of the amendment is print- Service located at 8409 Lee Highway in Mr. COVERDELL. Mr. President, I ed in today’s RECORD under ‘‘Amend- Merrifield, Virginia, as the ‘‘Joel T. ask unanimous consent that the Sen- ments Submitted.’’) Broyhill Postal Building’’ was consid- ate proceed to the consideration of Cal- Mr. FRIST. Mr. President, it is my ered, read a third time, and passed. endar 588, S. 2460. understanding that USAID obligates f The PRESIDING OFFICER. The most of its money for Zimbabwe JOSEPH L. FISHER POST OFFICE clerk will report the bill by title. through agreements with the Govern- The legislative clerk read as follows: BUILDING ment of Zimbabwe. Notwithstanding A bill (S. 2460) to authorize the payments this obligation procedure, it is my in- The bill (H.R. 3701) to designate the of rewards to individuals furnishing informa- tention that the prohibition on assist- facility of the United States Postal tion relating to persons subject to indict- ance for the Government of Zimbabwe Service located at 3118 Washington ment for serious violations of international not cut off all assistance to Zimbabwe Boulevard in Arlington, Virginia, as humanitarian law in Rwanda, and for other purposes. but only that assistance that would the ‘‘Joseph L. Fisher Post Office otherwise have been provided for the There being no objection, the Senate Building’’ was considered, read a third benefit of the government. Under the time, and passed. proceeded to consider the bill. Mr. COVERDELL. Mr. President, I limitation contained in my amend- f ask unanimous consent that the bill be ment, assistance provided through non- governmental organizations may con- LES ASPIN POST OFFICE read a third time and passed, the mo- tinue, even though the initial obliga- BUILDING tion to reconsider be laid upon the table, and any statements relating to tion of funds may have been with the The bill (H.R. 4241) to designate the government. Such assistance may only facility of the United States Postal the bill be printed in the RECORD. The PRESIDING OFFICER. Without marginally benefit the government Service located at 1818 Milton Avenue objection, it is so ordered. through, for example, the necessary in Janesville, Wisconsin, as the ‘‘Les The bill (S. 2460) was read the third use of providing assistance to the peo- Aspin Post Office Building’’ was con- time, and passed as follows: ple of Zimbabwe. This has particular sidered, read a third time, and passed. S. 2460 relevance to microenterprise programs f Be it enacted by the Senate and House of Rep- which, I believe, would not be affected resentatives of the United States of America in by the limitations in my amendment. HECTOR G. GODINEZ POST OFFICE Congress assembled, Mr. COVERDELL. Mr. President, I BUILDING SECTION 1. EXPANSION OF REWARDS PROGRAM ask unanimous consent that the The bill (S. 2043) was considered read TO INCLUDE RWANDA. amendment be agreed to, the bill be a third time, and passed. Section 102 of the Act of October 30, 1998 read a third time and passed, the mo- The bill (S. 2043) reads as follows: (Public Law 105–323) is amended— tion to reconsider be laid upon the (1) in the section heading, by inserting S. 2043 ‘‘OR RWANDA’’ after ‘‘YUGOSLAVIA’’; table, and that any statements relating Be it enacted by the Senate and House of Rep- (2) in subsection (a)(2), by inserting ‘‘or the to the bill be printed in the RECORD. resentatives of the United States of America in International Criminal Tribunal for Rwan- The PRESIDING OFFICER. Without Congress assembled, da’’ after ‘‘Yugoslavia’’; and objection, it is so ordered. S5754 CONGRESSIONAL RECORD — SENATE June 23, 2000 The amendment (No. 3617) was agreed and title to property held prior to January 1, (1) individuals and democratic institutions to. 2000, freedom of speech and association, and challenging restrictions to free speech and The bill (S. 2677), as amended, was an end to the lawlessness, violence, and in- association in Zimbabwe, including chal- read the third time and passed as fol- timidation sponsored, condoned, or tolerated lenges to licensing fees, restrictions, and by the Government of Zimbabwe, the ruling other charges and penalties imposed on the lows: party, and their supporters or entities; media or on individuals exercising their S. 2677 (2) Zimbabwe has held parliamentary elec- right of free speech and association; Be it enacted by the Senate and House of Rep- tions which are widely accepted by the par- (2) individuals and democratic institutions resentatives of the United States of America in ticipating parties and the duly elected are and organizations challenging electoral out- Congress assembled, free to assume their offices; comes or restrictions to their pursuit of elec- SECTION 1. SHORT TITLE. (3)(A) Zimbabwe has held a presidential tive office or democratic reforms, including This Act may be cited as the ‘‘Zimbabwe election which is widely accepted by the par- fees or other costs imposed by the Govern- Democracy Act of 2000’’. ticipating parties and the president-elect is ment on those individuals or institutions; SEC. 2. FINDINGS AND POLICY. free to assume the duties of the office; or and (a) FINDINGS.—Congress finds as follows: (B) the government has sufficiently im- (3) individuals who are the victims of tor- (1) Deliberate and systematic violence, in- proved the pre-election environment to a de- ture or otherwise victimized by political vio- timidation, and killings have been orches- gree consistent with accepted international lence. trated and supported by the Government of standards for security and freedom of move- (b) AUTHORITY FOR RADIO BROADCASTING.— Zimbabwe and the ruling ZANU–PF party ment and association; (1) IN GENERAL.—The Broadcasting Board against members, sympathizers, and sup- (4) the Government of Zimbabwe has dem- of Governors shall further the communica- porters of the democratic opposition, farm- onstrated a commitment to an equitable, tion of information and ideas through the in- ers, and employees. The violence has re- legal, and transparent land reform program creased use of radio broadcasting to sulted in death, a breakdown in the rule of which should— Zimbabwe to ensure that radio broadcasting law, and further collapse of Zimbabwe’s (A) respect existing ownership of and title to that country serves as a consistently reli- economy. to property by providing fair, market-based able and authoritative source of accurate, (2) The lawlessness, harassment, violence, compensation to sellers; objective and comprehensive news. intimidation, and killings directed at the op- (B) benefit the truly needy and landless; (2) TERMINATION.—The authority of this (C) be based on the principle of ownership position and their supporters, farmers and subsection shall terminate upon a certifi- and title to all land, including communal farm employees continues at President cation by the President under section 3(b) areas; Mugabe’s explicit and public urging despite that the conditions specified in that section (D) be managed and administered by an two court rulings that the occupations are have been satisfied. independent, nongovernmental body; and (c) ASSISTANCE FOR DEMOCRACY TRAINING.— illegal and must be ended. (E) be consistent with agreements reached (3) The breakdown in the rule of law has During fiscal year 2001, the President is au- at the International Donors’ Conference on jeopardized Zimbabwe’s future, including thorized to use not less than $6,000,000 of the Land Reform and Resettlement in Zimbabwe international support for programs which funds made available to carry out the provi- held in Harare in September, 1998; provide land ownership for the large number sions of part I and chapter 4 of part II of the (5) the Government of Zimbabwe is making Foreign Assistance Act of 1961 for democracy of poor and landless Zimbabweans, other a good faith effort to fulfill the terms of the donor programs, economic stability, and di- and governance programs in Zimbabwe. Lusaka agreement on ending the war in the (d) ELECTION OBSERVERS.—It is the sense of rect investment. Democratic Republic of Congo; and (4) The orchestrated violence and intimida- Congress that the President should provide (6) the Zimbabwean Armed Forces and the support, including through the National En- tion directed at opposition supporters has National Police of Zimbabwe are responsible created and fostered an environment which dowment for Democracy, for international to and serve the elected civilian government. election observers to the Zimbabwean par- seriously compromises the possibility of free (c) UNITED STATES ASSISTANCE DEFINED.— liamentary elections in 2000 and the presi- and fair elections. (1) IN GENERAL.—Except as provided in dential election scheduled for 2002, including (5) The crisis in Zimbabwe is further exac- paragraph (2), in this section, the term assessments, of the pre-electoral environ- erbated by the fact that Zimbabwe is spend- ‘‘United States assistance’’ means— ing millions of dollars each month on its in- (A) any assistance under the Foreign As- ment in each case and the electoral laws of volvement in the civil war in the Democratic sistance Act of 1961 (excluding programs Zimbabwe. Republic of Congo. Those resources could fi- under title IV of chapter 2 of part I, relating SEC. 5. SUPPORT FOR DEMOCRATIC TRANSITION nance equitable and transparent land reform, to the Overseas Private Investment Corpora- AND ECONOMIC RECOVERY. other programs to promote economic growth tion); Upon the certification made by the Presi- and alleviate poverty, and programs to com- (B) sales, or financing on any terms, under dent under section 3(b)— bat the spread and effects of the world’s the Arms Export Control Act; (1) up to $16,000,000 of funds appropriated to highest HIV infection rate. (C) the licensing of exports under section carry out the provisions of chapter 4 of part (b) STATEMENT OF POLICY.—It is therefore 38 of the Arms Export Control Act; and II of the Foreign Assistance Act of 1961, is the policy of the United States to support (D) the provision of agricultural commod- authorized to be made available, notwith- the people of Zimbabwe in their struggles to ities, other than food, under the Agricultural standing any other provision of law, for sup- effect peaceful, democratic change, achieve Trade Development and Assistance Act of port for alternative schemes under the Incep- broad-based and equitable economic growth, 1954. tion Phase of the Land Reform and Resettle- and restore the rule of law. (2) EXCEPTIONS.—The term ‘‘United States ment Program, including costs related to ac- SEC. 3. PROHIBITION ON PROVISION OF ASSIST- assistance’’ does not include— quisition of land and resettlement, meeting ANCE OR DEBT RELIEF. (A) humanitarian assistance, including the standards in section 3(b)(4); and (a) PROHIBITION ON ASSISTANCE.—Except as food, medicine, medical supplies; (2) the Secretary of the Treasury shall— provided in subsection (b)— (B) health assistance, including health as- (A) undertake a review of the feasibility of (1) no United States assistance may be pro- sistance for the prevention, treatment, and restructuring, rescheduling, or eliminating vided for the Government of Zimbabwe; control of HIV/AIDS and other infectious dis- the sovereign debt of Zimbabwe held by any (2) no indebtedness owed by the Govern- eases; agency of the United States Government; ment of Zimbabwe to the United States Gov- (C) support for democratic governance and (B) direct the United States Executive Di- ernment may be canceled or reduced; and the rule of law; rector of each international financial insti- (3) the Secretary of the Treasury shall in- (D) support for land reform programs con- tution to which the United States is a mem- struct the United States Executive Director sistent with subsection (b)(4); ber to propose that such institution under- to each international financial institution to (E) support for conservation programs; and take a review of the feasibility of restruc- oppose and vote against— (F) support for de-mining programs. turing, rescheduling, or eliminating the sov- (A) any extension by the respective insti- (d) WAIVER.—The President may waive the ereign debt of Zimbabwe held by that insti- tution of any assistance of any kind to the provisions of subsection (a) if he determines tution; and Government of Zimbabwe, except for assist- that it is in the national interest of the (C) direct the United States Executive Di- ance to meet basic human needs and for good United States to do so. rector of each international financial insti- governance; and SEC. 4. SUPPORT FOR DEMOCRATIC INSTITU- tution to which the United States is a mem- (B) any cancellation or reduction of in- TIONS AND THE RULE OF LAW. ber to propose to undertake financial and debtedness owed by the Government of (a) ASSISTANCE FOR LEGAL EXPENSES.—As technical support for Zimbabwe, especially Zimbabwe to that institution. one component of a comprehensive approach that intended to promote Zimbabwe’s eco- (b) CONDITIONS FOR RESTORATION OF ELIGI- towards supporting democratic institutions nomic recovery and development, the sta- BILITY FOR ASSISTANCE AND DEBT RELIEF.— and the rule of law in Zimbabwe, the Presi- bilization of the Zimbabwean dollar, and the The provisions of subsection (a) shall apply dent is authorized to use funds appropriated viability of Zimbabwe’s democratic institu- until the President certifies to the appro- to carry out the provisions of part I and tions; and priate congressional committees that— chapter 4 of part II of the Foreign Assistance (3) there shall be established a Southern (1) the rule of law has been restored in Act of 1961 to finance the legal and related Africa Finance Center located in Zimbabwe Zimbabwe, including respect for ownership expenses of— that will co-locate regional offices of the June 23, 2000 CONGRESSIONAL RECORD — SENATE S5755 Overseas Private Investment Corporation, in a manner that would violate the copyright the highest per capita gross domestic prod- the Export-Import Bank of the United laws of the United States (including inter- uct in Central and Eastern Europe; States, and the Trade and Development national copyright conventions to which the Whereas the European Union has recog- Agency for the purpose of facilitating the de- United States is a party); nized Slovenia’s economic prosperity and the velopment of commercial projects in (C) the indemnification of the United strength of its democracy by initiating ac- Zimbabwe and the southern Africa region. States by the Institute in the event that any cession negotiations with Slovenia as well as f use of the materials results in violation of by putting into effect Slovenia’s Association the copyright laws of the United States (in- Agreement with the European Union; INSTITUTE FOR MEDIA DEVELOP- cluding international copyright conventions Whereas Slovenia has demonstrated its MENT’S VOICE OF AMERICA to which the United States is a party); commitment to bring peace, security, sta- (D) the authority of the Board to termi- Mr. COVERDELL. Mr. President, I bility, democracy, and economic prosperity nate the agreement if the provisions of para- to Southeastern Europe through its member- graph (1) are violated; and ask unanimous consent that the Sen- ship in NATO’s Partnership for Peace, the (E) any other terms and conditions relat- ate proceed to the immediate consider- Central European Initiative, the Central Eu- ing to the materials that the Board considers ation of Calendar 590, S. 2682. ropean Free Trade Association (CEFTA), and The PRESIDING OFFICER. The appropriate. (c) CREDITING OF REIMBURSEMENTS TO the Stability Pact for Southeast Europe; clerk will report the bill by title. BOARD APPROPRIATIONS ACCOUNT.—Any reim- Whereas Slovenia has been an active con- The legislative clerk read as follows: bursement of the Board under subsection (b) tributor to peace support operations around A bill (S. 2682) to authorize the Broad- shall be deposited as an offsetting collection the world, including the NATO Stabilization casting Board of Governors to make avail- to the currently applicable appropriation ac- Force in Bosnia and Herzegovina, NATO’s able to the Institute for Media Development count of the Board. Kosovo Force, and United Nations peace- certain materials of the Voice of America. SEC. 2. TERMINATION OF AUTHORITY. keeping operations in Cyprus and Lebanon; There being no objection, the Senate The authority provided under this Act Whereas Slovenia made invaluable con- proceeded to consider the bill. shall cease to have effect on the date that is tributions to NATO’s Operation ALLIED FORCE by providing NATO access and use of Mr. COVERDELL. Mr. President, I 5 years after the date of enactment of this Act. its airspace and ground transportation sys- ask unanimous consent that the bill be f tems and by assisting the NATO efforts to read three times and passed, the mo- provide Albania humanitarian relief during tion to reconsider be laid upon the COMMENDING THE REPUBLIC OF the air campaign against Yugoslavia; table, and any statements relating to SLOVENIA FOR PARTNERSHIP Whereas Slovenia has contributed finan- the bill be printed in the RECORD. WITH THE UNITED STATES AND cial and humanitarian aid to the assistance The PRESIDING OFFICER. Without NATO AND EXPRESSING SENSE effort in Kosovo, including refuge for more objection, it is so ordered. OF CONGRESS ON SLOVENIA’S than 3500 people who had fled the region as a The bill (S. 2682) was read the third ACCESSION TO NATO consequence of the violence that occurred in time and passed as follows: Kosovo; Mr. COVERDELL. I ask unanimous Whereas Slovenia promotes regional co- S. 2682 consent that the Senate now proceed to operation through its contributions to the Be it enacted by the Senate and House of Rep- the immediate consideration of Cal- Trilateral Multinational Land Force, a mul- resentatives of the United States of America in endar No. 591, S. Con. Res. 117. tinational brigade established with Italy and Congress assembled, The PRESIDING OFFICER. The Hungary; SECTION 1. AVAILABILITY OF CERTAIN MATE- clerk will report the concurrent resolu- Whereas Slovenia, a leader in the effort to RIALS OF THE VOICE OF AMERICA. tion by title. remove land mines from the war-torn regions (a) AUTHORITY.— The legislative clerk read as follows: of the former Republic of Yugoslavia, estab- (1) IN GENERAL.—Subject to the provisions lished the highly effective International A concurrent resolution (S. Con. Res. 117) of this Act, the Broadcasting Board of Gov- Trust Fund for Demining and Mine Victims ernors (in this Act referred to as the commending the Republic of Slovenia for its partnership with the United States and Assistance; and ‘‘Board’’) is authorized to make available to Whereas the NATO Enlargement Facilita- the Institute for Media Development (in this NATO, and expressing the sense of Congress that Slovenia’s accession to NATO would en- tion Act of 1996, passed by the Senate on Act referred to as the ‘‘Institute’’), at the re- July 25, 1996, identified Slovenia, along with quest of the Institute, previously broadcast hance NATO’s security, and for other pur- poses. Poland, Hungary, and the Czech Republic, as audio and video materials produced by the being among the NATO applicant states Africa Division of the Voice of America. There being no objection, the Senate most prepared for the burdens and respon- (2) DEPOSIT OF MATERIALS.—Upon the re- proceeded to consider the concurrent sibilities of NATO membership: Now, there- quest of the Institute and the approval of the resolution. fore, be it Board, materials made available under para- Mr. COVERDELL. I ask unanimous Resolved by the Senate (the House of Rep- graph (1) may be deposited with the Univer- consent that the concurrent resolution resentatives concurring), That (a) it is the pol- sity of California, Los Angeles, or such other be agreed to, the preamble be agreed appropriate institution of higher education icy of the United States to— (as defined in section 101(a) of the Higher to, the motion to reconsider be laid (1) support the integration of the Republic Education Act of 1965 (20 U.S.C. 1001(a)) that upon the table, and any statements re- of Slovenia into transatlantic and European is approved by the Board for such purpose. lating to this resolution be printed in political, economic, and security institu- (3) SUPERSEDES EXISTING LAW.—Materials the RECORD. tions, including the North Atlantic Treaty made available under paragraph (1) may be The PRESIDING OFFICER. Without Organization and the European Union; and provided notwithstanding section 501 of the objection, it is so ordered. (2) continue and further reinforce the part- United States Information and Educational The resolution (S. Con. Res. 117) was nership between the United States and Slo- Exchange Act of 1948 (22 U.S.C. 1461) and sec- agreed to. venia, particularly their joint efforts to tion 208 of the Foreign Relations Authoriza- The preamble was agreed to. bring lasting peace and stability to all of Eu- tion Act, Fiscal Years 1986 and 1987 (22 U.S.C. The resolution, with its preamble, rope. 1461–1a). reads as follows: (b) It is the sense of Congress that— (b) LIMITATIONS.— (1) the Republic of Slovenia is to be com- (1) AUTHORIZED PURPOSES.—Materials made S. CON. RES. 117 available under this Act shall be used only Whereas on June 25, 1991, the Republic of mended for— for academic and research purposes and may Slovenia declared its independence; (A) its commitment to democratic prin- not be used for public or commercial broad- Whereas on December 23, 1991, the Par- ciples, human rights, and rule of law; cast purposes. liament of the Republic of Slovenia adopted (B) its transition from a communist, cen- (2) PRIOR AGREEMENT REQUIRED.—Before the State’s new constitution based on the trally planned economic system to a thriving making available materials under subsection values of human rights, market economy, free market economy; and (a)(1), the Board shall enter into an agree- rule of law, and democracy; (C) its partnership with the United States ment with the Institute providing for— Whereas on April 7, 1992, the United States and NATO during the recent conflicts that (A) reimbursement of the Board for any ex- formally recognized the Republic of Slo- have undermined peace and stability in penses involved in making such materials venia; Southeastern Europe; and available; Whereas, since its independence, Slovenia (2) the accession of the Republic of Slo- (B) the establishment of guidelines by the has demonstrated an excellent record on venia to full membership in transatlantic Institute for the archiving and use of the human rights; and European institutions would be an im- materials to ensure that copyrighted works Whereas Slovenia has developed a success- portant step toward a Europe that is undi- contained in those materials will not be used ful and growing market economy and enjoys vided, whole and free. S5756 CONGRESSIONAL RECORD — SENATE June 23, 2000 60TH ANNIVERSARY OF SOVIET mittee to Conduct an Investigation and transfer of power from the old government to EXECUTION Study of the Facts, Evidence, and Cir- the new, is an example of democracy to the cumstances of the Katyn Forest Massacre people of other nations in the region and a Mr. COVERDELL. I ask unanimous and its Final Report (pursuant to House Res- major contribution to the democratic devel- consent that the Senate now proceed to olution H.R. 390 and H.R. 539, 82d Congress); opment of southeastern Europe; and the immediate consideration of Cal- Whereas that committee’s final report of Whereas the people of Croatia have made endar 592, S. Con. Res. 118. December 22, 1952, unanimously concluded clear that they want Croatia to take its The PRESIDING OFFICER. The that ‘‘beyond any question of reasonable rightful place in the family of European de- mocracies and to develop a closer and more clerk will report the concurrent resolu- doubt, that the Soviet NKVD (People’s Com- missariat of Internal Affairs) committed the constructive relationship with the Euro-At- tion by title. lantic community of democratic nations: The legislative clerk read as follows: mass murders of the Polish officers and in- tellectual leaders in the Katyn Forest near Now, therefore, be it Resolved by the Senate (the House of Rep- A concurrent resolution (S. Con. Res. 118) Smolensk’’ and that the Soviet Union ‘‘is di- resentatives concurring), øThat it is the sense commemorating the 60th anniversary of the rectly responsible for the Katyn massacre’’; of Congress that— execution of the Polish captives by Soviet and ø(1) the people of the Republic of Croatia authorities in April and May 1940. Whereas that report also concluded that are to be congratulated on the successful There being no objection, the Senate ‘‘approximately 15,000 Polish prisoners were elections and the outgoing Government of interned in three Soviet camps: Kozielsk, proceeded to consider the concurrent Croatia is to be commended for the demo- resolution. Starobielsk, and Ostashkov in the winter of cratic standards with which it managed the Mr. COVERDELL. I ask unanimous 1939–40’’ and, ‘‘with the exception of 400 pris- elections; consent that the concurrent resolution oners, these men have not been heard from, ø(2) the United States should support the seen, or found since the spring of 1940’’: Now, be agreed to, the preamble be agreed efforts of the new Government of Croatia to therefore, be it increase its work on refugee return, privat- to, the motion to reconsider be laid Resolved by the Senate (the House of Rep- upon the table, and any statements re- ization reform, media reform, and further co- resentatives concurring), That Congress operation with the International Criminal lating to this resolution be printed in hereby— Tribunal for Former Yugoslavia (ICTY) to the RECORD. (1) remembers and honors those Polish offi- set an example to other countries in the re- The PRESIDING OFFICER. Without cers, government officials, and civilians who gion; objection, it is so ordered. were murdered in April and May 1940 by the ø(3) the Congress strongly supports Cro- The resolution (S. Con. Res. 118) was NKVD; atia’s commitment to western democratic agreed to. (2) recognizes all those scholars, research- standards and will give its full support to the ers, and writers from Poland, Russia, the new Government of Croatia to fully imple- The preamble was agreed to. United States and, elsewhere and, particu- The resolution, with its preamble, ment democratic reforms; and larly, those who worked under Soviet and ø reads as follows: (4) the United States continues to pro- communist domination and who had the mote Croatian-American economic, political, S. CON. RES. 118 courage to tell the truth about the crimes and military relations and recognizes Cro- Whereas 60 years ago, between April 3 and committed at Katyn, Miednoye, and atia as a loyal partner in south central Eu- the end of May 1940, more than 22,000 Polish Kharkiv; and rope. military officers, police officers, judges, (3) urges all people to remember and honor ø(5) taking into consideration Croatia’s other government officials, and civilians these and other victims of communism so contributions as a committed partner in the were executed by the Soviet secret police, that such crimes will never be repeated. region, the Congress recommends estab- the NKVD; f lishing strategic partnership with the Repub- Whereas Joseph Stalin and other leaders of COMMENDING REPUBLIC OF lic of Croatia and supports its membership in the Soviet Union, following meeting of the the North Atlantic Treaty Organization’s Soviet Politburo on March 5, 1940, signed the CROATIA Partnership for Peace program and its acces- decision to execute these Polish captives; Mr. COVERDELL. I ask unanimous sion into the World Trade Organization.¿ Whereas 14,537 of these Polish victims have consent that the Senate now proceed to That it is the sense of Congress that— been documented at 3 sites, 4,406 in Katyn the immediate consideration of Cal- (1) the people of the Republic of Croatia are to (now in Belarus), 6,311 in Miednoye (now in be congratulated on the successful elections and endar 593, House concurrent resolution the outgoing Government of Croatia is to be Russia), and 3,820 in Kharkiv (now in 251. Ukraine); commended for the democratic standards with Whereas the fate of approximately 7,000 The PRESIDING OFFICER. The which it managed the elections; other victims remains unknown and their clerk will report the concurrent resolu- (2) the United States should support the ef- graves together with the graves of other vic- tion by title. forts of the new Government of Croatia to in- tims of communism, are scattered around The legislative clerk read as follows: crease its work on refugee return, privatization the territory of the former Soviet Union and A concurrent resolution (H. Con. Res. 251) reform, media reform, and further cooperation are now impossible to locate precisely; commending the Republic of Croatia for the with the International Criminal Tribunal for Whereas on April 13, 1943, the German conduct of its parliamentary and Presi- Former Yugoslavia (ICTY) to set an example to army announced the discovery of the mas- dential election. other countries in the region; sive graves in the Katyn Forest, when that There being no objection, the Senate (3) Congress strongly supports Croatia’s com- mitment to western democratic standards and area was under Nazi occupation; proceeded to consider the concurrent Whereas on April 15, 1943, the Soviet Infor- will give its full support to the new Government resolution, which had been reported of Croatia to fully implement democratic re- mation Bureau disavowed the executions and from the Committee on Foreign Rela- attempted to cover up the Soviet Union’s re- forms; and sponsibility for these executions by declar- tions, with an amendment and an (4) the United States continues to promote ing that these Polish captives had been en- amendment to the preamble, as fol- Croatian-American economic, political, and gaged in construction work west of Smo- lows: military relations and recognizes Croatia as a lensk and had fallen into the hands of the [The parts of the resolution intended loyal partner in south central Europe. Germans, who executed them; to be stricken are shown in boldface Mr. COVERDELL. I ask unanimous Whereas on April 28–30, 1943, an inter- brackets and the parts of the resolu- consent that the committee amend- national commission of 12 medical experts tion intended to be inserted are shown ment be agreed to. visited Katyn at the invitation of the Ger- in italic.] The PRESIDING OFFICER. Without objection, it is so ordered. man government and later reported unani- Whereas the fourth Croatian parliamen- mously that the Polish officers had been tary elections, held on January 3, 2000, The committee amendment was shot three years earlier when the Smolensk marked Croatia’s progress toward meeting agreed to. area was under Soviet administration; its commitments as a participating state of Mr. COVERDELL. I ask unanimous Whereas until 1990 the Government of the the Organization on Security and Coopera- consent that the resolution, as amend- Soviet Union denied any responsibility for tion in Europe (OSCE) and as a member of ed, be agreed to, the amendment to the the massacres and claimed to possess no in- the Council of Europe; preamble be agreed to, and the pre- formation about the fate of the missing Pol- Whereas Croatia’s third presidential elec- amble, as amended, be agreed to, the ish victims; tions were conducted smoothly and profes- Whereas on April 13, 1990, Soviet President motion to reconsider be laid upon the sionally and concluded on February 7, 2000, table, and any statements relating to Mikhail Gorbachev acknowledged the Soviet with the ølandslide¿ election of Stipe Mesic responsibility for the Katyn executions; as the new President of the Republic of Cro- this resolution be printed in the Whereas this admission confirmed the 1951– atia; RECORD. 52 extensive investigation by the United Whereas the free and fair elections in Cro- The PRESIDING OFFICER. Without States House of Representatives Select Com- atia, and the following peaceful and orderly objection, it is so ordered. June 23, 2000 CONGRESSIONAL RECORD — SENATE S5757 The concurrent resolution (H. Con. It is so important that this Senate be them sit in the Senate galleries and Res. 251), as amended, was agreed to. seen as a model, as a Senate in which watch the Senate. I wonder what is The preamble, as amended, was there is decorum and order, a Senate going through their minds when they agreed to. which reveres the Chair and respects see these Senators come in here and f the Chair. This is one reason why I gather in the well and carry on loud have been, of late, urging the Chair to conversations. How different it is when EXPRESSING THE CONDEMNA- maintain order in the well of the Sen- Senators, upon occasion, sit in their TIONS OF THE CONTINUED EGRE- ate. Now, 59 Senators out of 100 Sen- seats. How very impressive it is when GIOUS VIOLATIONS OF HUMAN ators today came to this body after I the U.S. Senate acts in accordance RIGHTS IN THE REPUBLIC OF was majority leader of the Senate. Al- with the standing orders and rules of BELARUS most 60 percent of the Senators here the Senate. Mr. COVERDELL. I ask unanimous today were not Members of this body It is the duty of the Chair to main- consent that the Senate now proceed to when I was last majority leader of the tain order in the Senate and, of course, the immediate consideration of Cal- body. when there is confusion that arises in endar 594, House concurrent resolution Now, what I look upon as some dis- the galleries, it is the duty of the 304. order in the Senate is when Senators Chair—without being asked from the The PRESIDING OFFICER. The get into the well and mill around. It floor, without a point of order being clerk will report the concurrent resolu- really looks like the floor of the stock made from the floor—to maintain order tion by title. exchange, and it does not bring credit and decorum in the Senate. The legislative clerk read as follows: upon the Senate. I am sure that many I am trying to get the Senate to senates throughout the States of this think about this and go back to the old A concurrent resolution (H. Con. Res. 304) expressing the condemnation of the contin- Nation look at this Senate as the ways, wherein Senators voted and then ued egregious violations of human rights in model, look at this Senate as the body went to their chairs, or they voted the Republic of Belarus, the lack of progress from which all senates should learn. from their desks. There is a standing toward the establishment of democracy and But I fear that they see just the oppo- order of the Senate that requires Sen- the rule of law in Belarus, calling on Presi- site. ators to vote from their desks. I don’t dent Alyaksandr Lukashenka’s regime to en- I have been in the State legislature intend to be set-jawed about it, and if gage in negotiations with the representa- in my own State, and I have been in Senators want to walk through the tives of the opposition and to restore the both houses. I have to say, frankly, well to see what it is we are voting on, constitutional rights of the Belarusian peo- that the decorum, the order within the ple, and calling on the Russian Federation to or if they want to vote from someplace respect the sovereignty of Belarus. House of Delegates in West Virginia other than their own desks, I have no and in the West Virginia Senate is far quarrel with that. But I think they There being no objection, the Senate more to be desired than we find in that proceeded to consider the concurrent ought to sit down. There are plenty of U.S. Senate. This is a situation that places where Senators can converse. resolution. has really developed only during the Mr. COVERDELL. I ask unanimous We can go to the respective Cloak- last 10 or 12 years. I am sure that as rooms, or we can walk outside the consent that the resolution be agreed the 59 out of the 100 Senators who came to, the preamble be agreed to, the mo- Chamber. So it isn’t that Senators are here following my last turn at the required to avoid speaking to one an- tion to reconsider be laid upon table, wheel as majority leader see this dis- and any statements be printed in the other in the Chamber. We ought to be order in the Senate, where so many conscious that this Senate is the RECORD. Senators gather in the well and they The PRESIDING OFFICER. Without model—or it should be. talk and they laugh and make a great I hope Senators will read what I have objection, it is so ordered. deal of noise, these newest Senators said. They see me insist on the well’s The concurrent resolution (H. Con. probably believe that is the way it has being cleared and they may think I am Res. 304) was agreed to. always been. They may believe that is trying to run the Senate. Of course, I The preamble was agreed to. just normal for the Senate. But it is am not. I want people to revere the The PRESIDING OFFICER. The dis- not. Senate and respect the Senate. If they tinguished Senator from West Virginia I cannot imagine Senator Wallace respect this body, they will have more is recognized. Bennett, Senator George Aiken, Sen- respect for the laws that we enact. Mr. BYRD. Mr. President, I ask unan- ator Norris Cotton, Senator Everett Mr. President, I ask unanimous con- imous consent to speak out of order for Dirksen, Senator Richard Russell, Sen- sent that the time I have taken not be not to exceed 15 minutes. ator Stuart Symington, Senator John charged against my request thus far. The PRESIDING OFFICER. Without Pastore, or Senator Joseph O’Mahoney The PRESIDING OFFICER. Without objection, it is so ordered. going into the well. These were the objection, it is so ordered. f Senators who were in this body when I Mr. BYRD. Mr. President, again, I came here. Senators didn’t go down thank the Senator from Kansas who is THE PROPER DECORUM OF THE into the well and mill around in those a model Presiding Officer, and there SENATE days. Oh, they walked through the are a few others in this body. Mr. BYRD. Mr. President, I think it well, or they might walk up to the f would be appropriate at this moment table and ask something about the for me to say that this Presiding Offi- vote, or they might walk up to the Par- HONORING SENATOR DANIEL K. cer, Senator PAT ROBERTS, is one of the liamentarian and make some inquiry; INOUYE AS RECIPIENT OF THE best among the Presiding Officers in but they didn’t gather in the well and CONGRESSIONAL MEDAL OF the Senate today. He pays attention to carry on long conversations. They sat HONOR what is going on on the floor. Even in their seats. Most of them knew how Mr. BYRD. Mr. President, the though there may not be much going they were going to vote before they strength of this Nation lies in its peo- on, he is alert to what is happening on came to the floor. They had already ple. Throughout our Nation’s history, the floor. been advised by their staffs or they American men and women have been This is the premier upper Chamber in studied the legislation. So they didn’t called upon time and time again to the world today. There are 61 nations go into the well. I think that looks bad serve the Nation in times of peril. in the world that have bicameral legis- upon the Senate. These men and women, at great risk to lative bodies today. All the others have I don’t think the Senate sets a good themselves and without regard to their unicameral legislative bodies. But the example when we are so oblivious to personal safety, have given their all for U.S. Senate and the Italian Senate are how the Senate appears to the people their Country. These are the true he- the only bicameral legislative bodies in who are watching their televisions sets roes of America. the world today in which the upper or to the people in the galleries. Hun- We have some of such heroes in this Chamber is not dominated by the lower dreds of thousands of people come to body who have given so very much for Chamber. Washington every year, and many of their country—Senator MAX CLELAND, S5758 CONGRESSIONAL RECORD — SENATE June 23, 2000 Senator BOB KERREY; there are others. Congressional Medal of Honor, namely, request unanimous consent that the But today I speak of one such Amer- Senator Adelbert Ames of Mississippi, Senate proceed to the consideration of ican hero, our esteemed colleague, Senator Matthew S. Quay of Pennsyl- H. Con. Res. 293. DANIEL INOUYE. vania, Senator William J. Sewell of The clerk will report the concurrent Like many others in this body, I have New Jersey, Senator Francis E. Warren resolution by title. always thought of Senator INOUYE as a of Wyoming, Senator Henry A. du Pont The legislative clerk read as follows: national hero. I know of his wartime of Delaware, and Senator J. ROBERT A concurrent resolution (S. Con. Res. 293) heroics in France and Italy during KERREY of Nebraska. Senator INOUYE is urging compliance with the Hague Conven- World War II. I know of how he fought the only United States Senator in his- tion on the Civil Aspects of International to protect the troops with whom he tory to receive the Medal of Honor for Child Abduction. served, without regard for his own life. service in World War II. There being no objection, the Senate Even though gravely wounded, Lieu- A bit of verse comes to mind. proceeded to consider the concurrent tenant DANIEL INOUYE continued to This I beheld, or dreamed it in a dream: resolution. fight, advancing alone against a ma- There spread a cloud of dust along a plain; The PRESIDING OFFICER. In my And underneath the cloud, or in it, raged capacity as a Senator from Kansas, I chine-gun nest that had his men pinned A furious battle, and men yelled, and down. I know that, upon returning swords ask unanimous consent that the con- home, DAN INOUYE spent twenty Shocked upon swords and shields. current resolution be agreed to, the months in Army hospitals after losing A prince’s banner preamble be agreed to, the motion to his right arm. He came home as a Cap- Wavered, then staggered backward, reconsider be laid upon the table, and hemmed by foes. any statements relating to this resolu- tain, with a Distinguished Service A craven hung along the battle’s edge Cross, a Bronze Star, a Purple Heart And thought, ‘‘Had I a sword of keener tion be printed in the RECORD, and, with cluster, and twelve other medals steel— without objection, it is so ordered. and citations. That blue blade that the king’s son bears— The resolution (S. Con. Res. 293) was After receiving his law degree at but this agreed to. George Washington University Law Blunt thing!’’ He snapt and flung it from The preamble was agreed to. his hand, School, DANNY broke into politics in The resolution, with its preamble, And lowering, crept away and left the field. reads as follows: 1954 with his election to the Territorial Then came the king’s son, wounded, sore H. CON. RES. 293 House of Representatives. After Hawaii bestead, became a State on August 21, 1959, And weaponless, and saw the broken sword, Whereas the Department of State reports DANNY INOUYE won election to the Hilt-buried in the dry and trodden sand, that at any given time there are 1,000 open And ran and snatched it; and with battle United States House of Representatives cases of American children either abducted shout from the United States or wrongfully re- as Hawaii’s first Congressman, and was Lifted afresh, he hewed his enemy down, tained in a foreign country; re-elected to a full term in 1960. In 1962, And saved a great cause that heroic day. Whereas many more cases of international he was elected to represent Hawaii in DANNY INOUYE has this same bravery child abductions are not reported to the De- the United States Senate. as described of the king’s son in Ed- partment of State; I am proud to say that I am one who ward Rowland Sill’s poem. DANNY Whereas the situation has worsened since voted for statehood on behalf of both INOUYE is the kind of man who sees be- 1993, when Congress estimated the number of Alaska and Hawaii. I believe that I am yond the hilt-buried sword in the dry American children abducted from the United the only Senator still serving here and trodden sand. He is a man who sees States and wrongfully retained in foreign today who voted for statehood for both countries to be more than 10,000; opportunity in the worst of situations, Whereas Congress has recognized the grav- of these states. I am very proud of hav- rather than despair. And, seizing every ity of international child abduction in enact- ing done that. I believe that I am also opportunity to advance a good cause, ing the International Parental Kidnapping one of only three members of today’s he acts swiftly and courageously to Crime Act of 1993 (18 U.S.C. 1204), the Paren- Senate who were here when DAN meet adversity head-on. tal Kidnapping Prevention Act (28 U.S.C. INOUYE joined this body in 1963. I thank the Chair again, and express 1738a), and substantial reform and reporting I have had the pleasure of working to DANNY INOUYE and his lovely wife, requirements for the Department of State in with DANNY INOUYE on many, many oc- on behalf of my wife Erma and me, our the fiscal years 1998–1999 and 2000–2001 For- casions over the years. He is a man of congratulations, our best wishes, and eign Relations Authorization Acts; utmost integrity, who works tirelessly our thankfulness to the Almighty for Whereas the United States became a con- tracting party in 1988 to the Hague Conven- on behalf of his constituents and on be- giving us two such wonderful friends— tion on the Civil Aspects of International half of the Nation. He is one Senator Senator and Mrs. DANIEL INOUYE. Child Abduction (in this concurrent resolu- who was extremely supportive of me I thank the people of Hawaii for re- tion referred to as the ‘‘Hague Convention’’) during my service as Majority Leader, peatedly sending DANNY INOUYE to the and adopted effective implementing legisla- as Minority Leader, as Chairman of the Senate. tion in the International Child Abduction Appropriations Committee, and now as I express this hope, and I am sure Remedies Act (42 U.S.C. 11601 et seq.); the Committee’s Ranking Member. He DANIEL INOUYE would say the same if Whereas the Hague Convention establishes is a Senator on whom I have relied for he were here: mutual rights and duties between and among May God, the Almighty Creator, al- its contracting states to expedite the return truth, for integrity, for steadfastness, of children to the state of their habitual resi- for forthrightness, and as one who is ways watch over and keep the Senate of the United States, and may God al- dence, as well as to ensure that rights of cus- highly dedicated to his work here in tody and of access under the laws of one con- the Senate. ways bless the United States of Amer- tracting state are effectively respected in DANNY INOUYE is a man who is mod- ica. other contracting states, without consider- est about his many accomplishments Mr. President, I yield the floor. ation of the merits of any underlying child I suggest the absence of a quorum. custody dispute; here in the Senate, as well as his war- The PRESIDING OFFICER. The time heroics. He is not one to talk Whereas article 13 of the Hague Convention clerk will call the roll. provides a narrow exception to the require- much about those things. He is a quiet, The legislative clerk proceeded to ment for prompt return of children, which self-effacing Senator. But we are all call the roll. exception releases the requested state from aware of his great service to this Coun- The PRESIDING OFFICER. In my its obligation to return a child to the coun- try throughout his adult life. capacity as a Senator from Kansas, I try of the child’s habitual residence if it is I am immensely proud of this out- ask unanimous consent that the established that there is a ‘‘grave risk’’ that standing American in our midst, and quorum call be dispensed with, and, the return would expose the child to ‘‘phys- we are deeply moved that, this week, without objection it is so ordered. ical or psychological harm or otherwise place the child in an intolerable situation’’ DANNY INOUYE was awarded the highest f military honor that can be bestowed or ‘‘if the child objects to being returned and has attained an age and degree of maturity upon any American citizen—the Con- URGING COMPLIANCE WITH THE HAGUE CONVENTION at which it is appropriate to take account of gressional Medal of Honor. He has the child’s views’’; joined the ranks of the six other United The PRESIDING OFFICER. In my Whereas some contracting states, for ex- States Senators who have received the capacity as a Senator from Kansas, I ample Germany, routinely invoke article 13 June 23, 2000 CONGRESSIONAL RECORD — SENATE S5759 as a justification for nonreturn, rather than eign Relations, with an amendment, as fol- Russia, particularly those covering the trag- resorting to it in a small number of wholly lows: ic story unfolding in Chechnya; exceptional cases; [The parts of the resolution intended Whereas Russia’s evolution into a stable democracy requires a free and vibrant press; Whereas the National Center for Missing to be stricken are shown in boldface and Exploited Children (NCMEC), the only and institution of its kind, was established in the brackets and the parts of the resolu- Whereas it is imperative that the United United States for the purpose of assisting tion intended to be inserted are shown States Government respond vigorously to parents in recovering their missing children; in italic.] the harassment and intimidation of Radio Whereas article 21 of the Hague Convention S. RES. 303 Free Europe/Radio Liberty: Now, therefore, provides that the central authorities of all be it Whereas Andrei Babitsky, an accomplished Resolved, øThat the Senate— parties to the Convention are obligated to Russian journalist working for Radio Free ø(1) urges the Government of the Russian cooperate with each other in order to pro- Europe/Radio Liberty, a United States Gov- Federation to drop its charges against Mr. mote the peaceful enjoyment of parental ac- ernment-funded broadcasting service, faces Babitsky; cess rights and the fulfillment of any condi- serious charges in Russia after being held ø(2) calls upon the Government of the Rus- tions to which the exercise of such rights captive and beaten by Russian authorities; sian Federation to provide a full accounting may be subject, and to remove, as far as pos- Whereas the mission of Radio Free Europe/ of Mr. Babitsky’s detention; sible, all obstacles to the exercise of such Radio Liberty’s bureaus in Russia is to pro- ø(3) condemns the Russian Federation’s rights; vide Russian listeners objective and uncen- harassment and intimidation of Radio Free Whereas some contracting states fail to sored reporting on developments in Russia Europe/Radio Liberty and other news organi- order or enforce normal visitation rights for and around the world; zations; parents of abducted or wrongfully retained Whereas Russian authorities repeatedly de- ø(4) calls upon the Government of the Rus- children who have not been returned under nounced Mr. Babitsky for his reporting on sian Federation to adhere fully to the Uni- the terms of the Hague Convention; and the war in Chechnya, including his docu- versal Declaration of Human Rights, which Whereas the routine invocation of the arti- mentation of Russian troop casualties and declares in Article 19 that ‘‘everyone has the cle 13 exception, denial of parental visitation the Russian Federation’s brutal treatment of right to freedom of opinion and expression; of children, and the failure by several con- Chechen civilians; this right includes the freedom to hold opin- tracting parties, most notably Austria, Ger- Whereas Senate Resolutions 223 and 262 of ions without interference and to seek, re- many, Honduras, Mexico, and Sweden, to the One Hundred Sixth Congress condemning ceive and impart information and ideas fully implement the Convention deprives the the violence in Chechnya and urging a peace- through any media regardless of frontiers’’; Hague Convention of the spirit of mutual ful resolution to the conflict were adopted by ø(5) urges the Government of the Russian confidence upon which its success depends: the Senate by unanimous consent on Novem- Federation and the President of the United Now, therefore, be it ber 19, 1999, and February 24, 2000, respec- Resolved by the House of Representatives (the tively; States to implement the recommendations Senate concurring), That Congress urges— Whereas on January 16, Mr. Babitsky was in Senate Resolutions 223 and 262 of the One (1) all contracting parties to the Hague arrested by Russian police in the Chechen Hundred Sixth Congress; and ø Convention, particularly European civil law battle zone, was accused of assisting the (6) urges the President of the United countries that consistently violate the Chechen forces, and was told he was to stand States to place these issues high on the Hague Convention such as Austria, Germany trial in Moscow; agenda for his June 4–5 summit meeting with and Sweden, to comply fully with both the Whereas Russian authorities took Mr. President Vladimir Putin of the Russian ¿ letter and spirit of their international legal Babitsky to a ‘‘filtration camp’’ for sus- Federation. pected Chechen collaborators where he was That the Senate— obligations under the Convention; (1) urges the Government of the Russian Fed- severely beaten and then transferred to an (2) all contracting parties to the Hague eration to drop its charges against Mr. Convention to ensure their compliance with undisclosed location; Whereas on February 3, the Government of Babitsky; the Hague Convention by enacting effective (2) calls upon the Government of the Russian the Russian Federation announced that it implementing legislation and educating Federation to provide a full accounting of Mr. had traded Mr. Babitsky to Chechen units in their judicial and law enforcement authori- Babitsky’s detention; ties; exchange for Russian prisoners, a violation (3) condemns the Russian Federation’s har- (3) all contracting parties to the Hague of the Geneva Conventions to which Russia assment and intimidation of Radio Free Europe/ Convention to honor their commitments and is a party; Radio Liberty and other news organizations; return abducted or wrongfully retained chil- Whereas on February 25, Mr. Babitsky was (4) calls upon the Government of the Russian dren to their place of habitual residence released by his captors in the Republic of Federation to adhere fully to the Universal Dec- without reaching the merits of any under- Dagestan, only to be jailed by Russian offi- laration of Human Rights, which declares in Ar- lying custody dispute and ensure parental cials for carrying false identity papers; ticle 19 that ‘‘everyone has the right to freedom Whereas Mr. Babitsky says the papers were access rights by removing obstacles to the of opinion and expression; this right includes forced on him by his captors and used to exercise of such rights; the freedom to hold opinions without inter- smuggle him across borders; (4) the Secretary of State to disseminate to ference and to seek, receive and impart informa- Whereas Mr. Babitsky now faces charges all Federal and State courts the Department tion and ideas through any media regardless of from the Government of the Russian Federa- of State’s annual report to Congress on frontiers’’; and Hague Convention compliance and related tion of collaborating with the Chechens and (5) urges the Government of the Russian Fed- matters; and carrying false identity papers and is not al- eration and the President of the United States (5) each contracting party to the Hague lowed to leave the city of Moscow; to implement the recommendations in Senate Whereas on February 25, a senior advisor Convention to further educate its central au- Resolutions 223 and 262 of the One Hundred in Russia’s Foreign Ministry published an ar- thority and local law enforcement authori- Sixth Congress. ticle in The Moscow Times entitled ‘‘Should ties regarding the Hague Convention, the se- Liberty Leave?’’, which condemned the cov- There being no objection, the Senate verity of the problem of international child erage by Radio Free Europe/Radio Liberty of proceeded to consider the resolution. abduction, and the need for immediate ac- the war in Chechnya, particularly reporting Mr. KENNEDY. Mr. President, this tion when a parent of an abducted child by Radio Free Europe/Radio Liberty cor- resolution, S. Res. 303, which I intro- seeks their assistance. respondent Andrei Babitsky, and which stat- duced with Senator GRAMS and Senator f ed that it would ‘‘be better to close down the LEAHY on May 4, expresses our deep RUSSIAN FEDERATION’S TREAT- branches of Radio Liberty on Russian terri- concern about the continuing plight of MENT OF ANDREI BABITSKY tory’’; the Russian journalist Andrei Whereas on March 13, the Russian Ministry The PRESIDING OFFICER. In my of the Press ordered Radio Free Europe/ Babitsky. The resolution was approved capacity as a Senator from Kansas, I Radio Liberty’s Moscow Bureau to provide unanimously by the Senate Foreign ask unanimous consent that the Sen- complete recordings of broadcasts between Relations Committee on June 7. ate proceed to the immediate consider- February 15 and March 15, an action that Mr. Babitsky, an accomplished jour- ation of Calendar No. 598, S. Res. 303. Radio Free Europe/Radio Liberty described nalist working for Radio Free Europe/ The clerk will report the resolution as ‘‘designed to intimidate us and others’’; Radio Liberty, still faces serious Whereas on March 14, the Russian Ministry charges in Russia after being held cap- by title. of the Press issued a directive to prevent the The legislative clerk read as follows: tive by Russian authorities, beaten, broadcast of interviews from Chechen resist- and detained in a ‘‘filtration camp’’ for A resolution (S. Res. 303) expressing the ance leaders, an act of censorship which un- sense of the Senate regarding the treatment dercuts the ability of Radio Free Europe/ suspected Chechen collaborators. by the Russian Federation of Andrei Radio Liberty to fulfill its responsibilities as The resolution asks the Russian Gov- Babitsky, a Russian journalist working for an objective news organization; ernment to drop its trumped-up Radio Free Europe/Radio Liberty, which had Whereas the treatment of Mr. Babitsky in- charges against Mr. Babitsky, and pro- been reported from the Committee on For- timidates other correspondents working in vide a full accounting of his detention. S5760 CONGRESSIONAL RECORD — SENATE June 23, 2000 In addition, the resolution states the war in Chechnya, including his docu- versal Declaration of Human Rights, which that the Senate condemns harassment mentation of Russian troop casualties and declares in Article 19 that ‘‘everyone has the and intimidation of Radio Free Europe/ the Russian Federation’s brutal treatment of right to freedom of opinion and expression; Radio Liberty and other news organiza- Chechen civilians; this right includes the freedom to hold opin- Whereas Senate Resolutions 223 and 262 of ions without interference and to seek, re- tions. It calls upon the Russian Gov- the One Hundred Sixth Congress condemning ceive and impart information and ideas ernment to adhere fully to the Uni- the violence in Chechnya and urging a peace- through any media regardless of frontiers’’; versal Declaration of Human Rights, ful resolution to the conflict were adopted by and which calls for freedom of expression the Senate by unanimous consent on Novem- (5) urges the Government of the Russian worldwide. ber 19, 1999, and February 24, 2000, respec- Federation and the President of the United For 10 years, Mr. Babitsky has helped tively; States to implement the recommendations fulfill the mission of Radio Free Eu- Whereas on January 16, Mr. Babitsky was in Senate Resolutions 223 and 262 of the One arrested by Russian police in the Chechen rope/Radio Liberty to provide Russian Hundred Sixth Congress. battle zone, was accused of assisting the f listeners with objective and uncensored Chechen forces, and was told he was to stand reporting. But Russian authorities, dis- trial in Moscow; SUPPORTING THE GOALS AND pleased with Mr. Babitsky’s courageous Whereas Russian authorities took Mr. IDEALS OF THE OLYMPICS reporting on the war in Chechnya, ac- Babitsky to a ‘‘filtration camp’’ for sus- pected Chechen collaborators where he was The PRESIDING OFFICER. In my cused him of assisting the Chechen capacity as a Senator from Kansas, I forces and ordered him arrested in the severely beaten and then transferred to an undisclosed location; ask unanimous consent that the Com- battle zone last January. Whereas on February 3, the Government of mittee on the Judiciary be discharged After six weeks in captivity, Mr. the Russian Federation announced that it from further consideration of Senate Babitsky was released, and then jailed had traded Mr. Babitsky to Chechen units in Resolution 254, and, without objection, again by Russian officials for carrying exchange for Russian prisoners, a violation it is so ordered. of the Geneva Conventions to which Russia false identity papers. He says the pa- The clerk will report the resolution pers were forced upon him. After an is a party; Whereas on February 25, Mr. Babitsky was by title. international outcry arose over his released by his captors in the Republic of The legislative clerk read as follows: case, he was again released. But he still Dagestan, only to be jailed by Russian offi- A resolution (S. Res. 254) supporting the is not allowed to leave Moscow, and he cials for carrying false identity papers; goals and ideals of the Olympics. still faces charges for carrying false pa- Whereas Mr. Babitsky says the papers were There being no objection, the Senate pers and aiding the Chechens. forced on him by his captors and used to proceeded to consider the resolution. In addition, Russian authorities have smuggle him across borders; continued to condemn Radio Liberty’s Whereas Mr. Babitsky now faces charges AMENDMENT NO. 3618 from the Government of the Russian Federa- (Purpose: To make a clerical amendment) coverage of the Chechen conflict, and tion of collaborating with the Chechens and have suggested that Radio Liberty The PRESIDING OFFICER. In my carrying false identity papers and is not al- capacity as a Senator from Kansas, I should be forced to abandon its facili- lowed to leave the city of Moscow; ties in Moscow and throughout Russia. Whereas on February 25, a senior advisor send an amendment to the desk. The authorities have taken steps to in Russia’s Foreign Ministry published an ar- The clerk will report the amendment. censor Radio Liberty and to intimidate ticle in The Moscow Times entitled ‘‘Should The legislative clerk read as follows: its correspondents and others. Liberty Leave?’’, which condemned the cov- The Senator from Kansas [Mr. ROBERTS], erage by Radio Free Europe/Radio Liberty of The United States should respond for Mr. CAMPBELL, proposes an amendment the war in Chechnya, particularly reporting numbered 3618. vigorously to this harassment and in- by Radio Free Europe/Radio Liberty cor- timidation. The Russian government In the preamble, in the tenth whereas respondent Andrei Babitsky, and which stat- clause, insert ‘‘, 2000’’ after ‘‘June 23’’. should drop its trumped-up charges ed that it would ‘‘be better to close down the against Mr. Babitsky. I urge my col- branches of Radio Liberty on Russian terri- The PRESIDING OFFICER. In my leagues to support the resolution. tory’’; capacity as a Senator from Kansas, I The PRESIDING OFFICER. In my Whereas on March 13, the Russian Ministry ask unanimous consent that the capacity as a Senator from Kansas, I of the Press ordered Radio Free Europe/ amendment to the preamble be agreed Radio Liberty’s Moscow Bureau to provide to, the resolution be agreed to, the pre- ask unanimous consent that the com- complete recordings of broadcasts between mittee amendment be agreed to, and, amble be agreed to, as amended, the February 15 and March 15, an action that motion to reconsider be laid upon the without objection, it is so ordered. Radio Free Europe/Radio Liberty described The committee amendment was as ‘‘designed to intimidate us and others’’; table, and any statements relating to agreed to. Whereas on March 14, the Russian Ministry the resolution be printed in the The PRESIDING OFFICER. In my of the Press issued a directive to prevent the RECORD, and, without objection, it is so capacity as a Senator from Kansas, I broadcast of interviews from Chechen resist- ordered. ance leaders, an act of censorship which un- The amendment to the preamble, ask unanimous consent that the reso- dercuts the ability of Radio Free Europe/ lution, as amended, be agreed to, the amendment (No. 3618) was agreed to. Radio Liberty to fulfill its responsibilities as The preamble, as amended, was preamble be agreed to, the motion to an objective news organization; reconsider be laid upon the table, and Whereas the treatment of Mr. Babitsky in- agreed to. any statements relating to this resolu- timidates other correspondents working in The resolution (S. Res. 254) was agreed to. tion be printed in the RECORD, and, Russia, particularly those covering the trag- The resolution, with its preamble, without objection, it is so ordered. ic story unfolding in Chechnya; Whereas Russia’s evolution into a stable reads as follows: The resolution (S. Res. 303), as democracy requires a free and vibrant press; S. RES. 254 amended, was agreed to. and The preamble was agreed to. Whereas it is imperative that the United Whereas for over 100 years, the Olympic The resolution, with its preamble, States Government respond vigorously to movement has built a more peaceful and bet- reads as follows: the harassment and intimidation of Radio ter world by educating young people through Free Europe/Radio Liberty: Now, therefore, amateur athletics, by bringing together ath- S. RES. 303 be it letes from many countries in friendly com- Whereas Andrei Babitsky, an accomplished Resolved, That the Senate— petition, and by forging new relationships Russian journalist working for Radio Free (1) urges the Government of the Russian bound by friendship, solidarity, and fair Europe/Radio Liberty, a United States Gov- Federation to drop its charges against Mr. play; ernment-funded broadcasting service, faces Babitsky; Whereas the United States Olympic Com- serious charges in Russia after being held (2) calls upon the Government of the Rus- mittee is dedicated to coordinating and de- captive and beaten by Russian authorities; sian Federation to provide a full accounting veloping amateur athletic activity in the Whereas the mission of Radio Free Europe/ of Mr. Babitsky’s detention; United States to foster productive working Radio Liberty’s bureaus in Russia is to pro- (3) condemns the Russian Federation’s har- relationships among sports-related organiza- vide Russian listeners objective and uncen- assment and intimidation of Radio Free Eu- tions; sored reporting on developments in Russia rope/Radio Liberty and other news organiza- Whereas the United States Olympic Com- and around the world; tions; mittee promotes and supports amateur ath- Whereas Russian authorities repeatedly de- (4) calls upon the Government of the Rus- letic activities involving the United States nounced Mr. Babitsky for his reporting on sian Federation to adhere fully to the Uni- and foreign nations; June 23, 2000 CONGRESSIONAL RECORD — SENATE S5761 Whereas the United States Olympic Com- other competitors exhibited by the athletes Senate completes its business today it mittee promotes and encourages physical fit- of the United States Olympic Team; and stand in adjournment until 1 p.m. Mon- ness and public participation in amateur Whereas June 23, 2000 is the anniversary of day, and when the Senate convenes athletic activities; the founding of the modern Olympic move- Whereas the United States Olympic Com- ment, representing the date on which the there be a period for morning business, mittee assists organizations and persons con- Congress of Paris approved the proposal of with Senator DURBIN controlling the cerned with sports in the development of Pierre de Coubertin to found the modern time until 2 p.m. and Senator THOMAS athletic programs for amateur athletes; Olympics: Now, therefore, be it until 3 p.m. and, without objection, it Whereas the United States Olympic Com- Resolved, That the Senate— is so ordered. mittee protects the opportunity of each ama- (1) supports the goals and ideals of the teur athlete, coach, trainer, manager, Olympics; f administerator, and official to participate in (2) calls upon the President to issue a proc- amateur athletic competition; lamation recognizing the anniversary of the Whereas athletes representing the United founding of the modern Olympic movement; ADJOURNMENT UNTIL 1 P.M. States at the Olympic Games have achieved and MONDAY, JUNE 26, 2000 great success personally and for the Nation; (3) calls upon the people of the United Whereas thousands of men and women of States to observe such anniversary with ap- The PRESIDING OFFICER. In my the United States are focusing their energy propriate ceremonies and activities. capacity as a Senator from Kansas, and skill on becoming part of the United f under the previous order, I ask unani- States Olympic Team, and aspire to compete mous consent that the Senate stand in in the 2000 Summer Olympic Games in Syd- ORDERS FOR MONDAY, JUNE 26, adjournment until 1 p.m., Monday, ney, Australia, and the 2002 Olympic Winter 2000 June 26, 2000. Games in Salt Lake City, Utah; Whereas the Nation takes great pride in The PRESIDING OFFICER. In my There be no objection, the Senate, at the qualities of commitment to excellence, capacity as a Senator from Kansas, I 1:04 p.m., adjourned until Monday, grace under pressure, and good will toward ask unanimous consent that, when the June 26, 2000, at 1 p.m.